******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 97-1966 In the Matter of ) ) TERRALINK COMMUNICATIONS, LTD. ) ) Application for authority, pursuant to ) File No. ITC-97-376-TC Section 214 of the Communications ) Act of 1934, as amended, to transfer ) control of an authorized international ) carrier. ) ORDER AND AUTHORIZATION Adopted: September 11, 1997 Released: September 16, 1997 By the Chief, Telecommunications Division: 1. Terralink Communications, Ltd. (TLC), pursuant to Section 214 of the Communications Act of 1934, as amended, submitted the above-captioned application requesting authority to transfer control of TLC from Joseph Tovey, John R. Taylor and Teddy G. Tomerlin, as joint sharholders, to Joseph Tovey alone. TLC also requests that its existing Section 214 authority be expanded to include all authority granted under a global facilities-based authorization pursuant to Section 63.18(e)(1) of the Commission's Rules. The application was placed on public notice on July 16, 1997. No comments were received. 2. TLC, a limited partnership organized under the laws of the state of Texas, is authorized to provide facilities-based international communications services via satellite between the United States and various overseas points. TLC is controlled by its single general partner, Terralink Corporation (the Corporation), which owns 1% of the shares of TLC. The Corporation is currently owned by three shareholders, Joseph Tovey, John R. Taylor and Teddy G. Tomerlin. Pursuant to the proposed transaction, the shares of John R. Taylor and Teddy G. Tomerlin would be transferred to Joseph Tovey, who would then own 100% of the shares of the Corporation and would have control of TLC. 3. TLC is currently authorized to provide a variety of specific international services via the INTELSAT, PanAmSat, Columbia and Orion satellite systems, as well as certain limited international services via U.S. and foreign domestic satellite systems. TLC is requesting that the Commission expand its authority to the broader authority now granted to a global facilities-based carrier pursuant to Section 63.18(e)(1) of the Commission's Rules. 4. Upon consideration of the application and in view of the foregoing, we conclude that consent to transfer control of TLC from Joseph Tovey, John R. Taylor and Teddy G. Tomerlin, together, to Joseph Tovey, alone, and expansion of TLC's authority to global facilities-based authority, will serve the public interest, convenience and necessity. 5. Accordingly, IT IS ORDERED that the application of TLC, File No. ITC- 97-376-TC IS GRANTED, and: a. the transfer of control of TLC to Joseph Tovey, as sole shareholder of Terralink Corporation, is authorized, and b. TLC is authorized to provide global facilities-based services, pursuant to Section 63.18(e)(1) of the Commission's Rules, 47 U.S.C. 63.18(e)(1), between the United States and international points not specifically excluded by the Commission's Exclusion List, via U.S. authorized international facilities not excluded by the Exclusion List; 6. IT IS FURTHER ORDERED that all terms and conditions of any Commission orders granting authority to TLC to provide common carrier services remain in effect. 7. This Order is issued under Section 0.261 of the Commission's Rules and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's Rules may be filed within 30 days of the date of public notice of this Order (see Section 1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau