DA No. 02-3369

December 5, 2002

**ACTIONS TAKEN UNDER CABLE LANDING LICENSE ACT**

**Section 1.767(a) Cable Landing Licenses, Modifications, and
Assignments or Transfers of Control of Interests in Cable Landing
Licenses (47 C.F.R. § 1.767(a))**

**By the Chief, Policy Division, International Bureau:**

Pursuant to An Act Relating to the Landing and Operation of Submarine
Cables in the United States, 47 U.S.C. §§ 34-39 (Cable Landing License
Act), Executive Order No. 10530, Exec. Ord. No. 10530 *reprinted as
amended in* 3 U.S.C. § 301, and section 1.767 of the Commission's rules,
47 C.F.R. § 1.767, the following applications ARE GRANTED. These grants
of authority are taken under section 0.261 of the Commission's rules, 47
C.F.R. § 0.261, and are effective upon release of this public notice.
Petitions for reconsideration under section 1.106 or applications for
review under section 1.115 of the Commission's rules, 47 C.F.R. §§
1.106, 1.115, may be filed within 30 days of the date of this public
notice.

This public notice serves as each cable landing licensee's Cable Landing
License, or modification thereto, pursuant to the Cable Landing License
Act and sections 1.767 and 1.768 of the Commission's rules. Cable
landing licensees should review carefully the terms and conditions of
their licenses. Failure to comply with these terms and conditions or
relevant Commission rules and policies could result in fines or
forfeitures.

The Commission most recently amended its rules applicable to submarine
cable landing licenses in *Review of Commission Consideration of
Applications under the Cable Landing License Act*, IB Docket No. 00-106,
FCC 01-332 (rel. Dec. 14, 2001), 67 Fed. Reg. 1615 (Jan. 14, 2002). An
updated version of sections 1.767 and 1.768 of the rules is available at
<http://www.fcc.gov/ib/pd/pf/telecomrules.html>. *See also*
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-598A1.pdf> for
a March 13, 2002 Public Notice;
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-332A1.pdf> for
the December 14, 2001 Report and Order.

> **SCL-ASG-20021021-00096 Teleglobe USA Inc. (Licensee and Assignor)**

**Teleglobe USA Inc. (debtor-in-possession) (Assignee)**

**SCL-ASG-20021021-00095 Optel Telecommunications Inc. (Licensee and
Assignor)**

**Optel Telecommunications Inc. (debtor-in-possession) (Assignee)**

**SCL-ASG-20020822-00078 Teleglobe USA Inc. (debtor-in-possession)
(Licensee and Assignor)**

**Teleglobe Puerto Rico Inc. (debtor-in-possession) (Assignee)**

**SCL-T/C-20020821-00069 Teleglobe Inc. (debtor-in-possession)
(Transferor)**

**SkyOnline Holdings, LLC (Transferee)**

*PRO FORMA* ASSIGNMENTS AND

TRANSFER OF CONTROL

[Action Taken]{.underline}: 1) Grant of authority for *pro forma*
assignment of interests in submarine cable landing licenses from
Teleglobe USA Inc. (Teleglobe USA) to Teleglobe USA Inc.,
debtor-in-possession (Teleglobe USA DIP) (*see* Attachment 1); 2) grant
of authority for *pro forma* assignment of interest in submarine cable
landing license from Optel Telecommunications Inc. to Optel
Telecommunications Inc., debtor-in-possession; 3) grant of authority for
*pro forma* assignment of interest in the MAYA-1 submarine cable landing
license from Teleglobe USA DIP to Teleglobe Puerto Rico Inc.,
debtor-in-possession (Teleglobe PR DIP); and 4) grant of authority to
transfer control of interests in cable landing licenses to be held by
Teleglobe PR DIP from Teleglobe Inc., debtor-in-possession (Teleglobe
DIP) to SkyOnline Holdings, LLC.

[Conditions and Requirements]{.underline}: *See* File No.
SCL-LIC-19990325-00006, 15 FCC Rcd 19456 (IB 1999). Licensee shall
comply with the requirements of Section 1.768 (notifications and prior
approval for submarine cable landing licensees that are or propose to
become affiliated with a foreign carrier), 47 C.F.R. § 1.768. *See also*
47 C.F.R. § 1.767(g)(1)(14).

[Licensee Information]{.underline}: Teleglobe USA DIP is a U.S.
corporation, and is a wholly-owned subsidiary of Teleglobe DIP.
Teleglobe USA DIP operates capacity in the MAYA-1 submarine cable in and
between the continental United States and international points.
Teleglobe USA DIP, together with its parent, Teleglobe DIP, filed for
reorganization under Chapter 11 of the bankruptcy laws in May 2002. The
proposed transaction will occur pursuant to a Plan of Reorganization
under the supervision of a bankruptcy court.

Teleglobe PR DIP is a U.S. corporation, and is also a wholly-owned
subsidiary of Teleglobe DIP.

Pursuant to a Plan of Reorganization, Teleglobe USA DIP will assign its
interest in the MAYA-1 submarine cable landing license to Teleglobe PR
DIP, which will in turn be acquired by SkyOnline Holdings, LLC
(SkyOnline Holdings), a U.S. limited liability company that is wholly
owned by SkyOnline, Inc. As a result of this transaction, Teleglobe PR
DIP will become a direct holder of the MAYA-1 License and ultimately
will be controlled by SkyOnline, Inc. SkyOnline Holdings, through its
operating subsidiaries, provides data and voice communications in
various Latin American countries. SkyOnline's parent company, SkyOnline,
Inc. holds a Section 214 authorization to provide international global
facilities-based and resale services from the United States (see File
No. ITC-214-19980218-00048). According to the Applicants, the following
entities hold a ten percent or greater interest in SkyOnline, Inc.;
Nouvel Investissement en Technologies S.A. c/o Fidei S.A., a Luxembourg
company, (45 percent); Suez Connect, S.A., a French corporation, (30.6
percent); and Pequot Capital Management, Inc., a U.S. corporation (14.6
percent). Applicants assert that Suez Connect, S.A. is in turn
wholly-owned by Suez Lyonnaise des Eaux, a French corporation. In
addition, Applicants assert that the following entities hold a ten
percent or greater interest in Nouvel Investissement en Technologies
S.A.: Melkan Properties S.A. (Melkan), a Panamanian corporation (49.5
percent); and Gariston Investments, Inc. (Gariston), a Panamanian
corporation (49.5 percent). Applicants further assert that Melkan is 99
percent owned by Roland de Kergorlay, a French citizen, and that
Gariston is 99 percent owned by Thais d'Annoux, a French citizen.

[Cable Design and Capacity]{.underline}: *See* File No.
SCL-LIC-19990325-0006.