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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 In the Matter of ) ) Ursus Telecom Corp. ) File No. SCL-96-003(M) ) Application to Amend the Submarine Cable ) Landing License for the Bahamas II Cable ) System to Add Ursus Telecom Corp. as a ) Licensee ) MODIFICATION OF CABLE LANDING LICENSE Adopted: August 20, 1998 Released: August 21, 1988 By the Chief, Telecommunications Division: I. Introduction 1. In this Order, we modify the cable landing license for the Bahamas II Cable System (Bahamas II). We grant the application of Ursus Telecom Corp. (UTC) under the Cable Landing License Act to add UTC as a licensee of Bahamas II. Bahamas II extends between Florida and the Bahamas and is licensed on a common carrier basis. We find that UTC has provided sufficient information under our rules to comply with the Cable Landing License Act and therefore grant the cable landing license modification subject to the conditions described herein. II. Application 2. UTC is a limited liability corporation organized and operating under the laws of Florida. UTC is a common carrier that was granted global authorization under Section 214 of the Communications Act of 1934, as amended, to provide facilities-based services. 3. Bahamas II is a common carrier cable system. The original cable landing license was issued to AT&T Corp. MCI International, Inc., the St. Thomas and San Juan Telephone Company, Inc., and Telefonica Larga Distancia de Puerto Rico, Inc. The cable system extends between a landing point at Vero Beach, Florida, and Nassau, the Bahamas, with an intermediate point at Eight Mile Rock, the Bahamas, for the purpose of lightwave amplification. A description of the cable system is contained in our original order granting a cable landing license for Bahamas II. III. Comments 4. UTC's application was placed on public notice on March 11, 1998. No comments were received. Pursuant to Section 1.767(b) of the Commission's rules, the Cable Landing License Act, and Executive Order No. 10530, we informed the Department of State of the application. The Department of State advised the Commission that it has no objection to the grant of the requested modification. IV. Discussion 5. UTC has certified that it is not affiliated with any foreign carrier. UTC is 90 percent owned by Fincogest S.A., a Swiss fiduciary corporation whose sole beneficiary is Mr. Luca Giussani, a private Italian citizen. In light of the policies adopted by the Commission in its recent Foreign Participation Order, we find that UTC's foreign ownership does not raise concerns that could persuade us to deny the application under Section 2 of the Cable Landing License Act. 6. By granting this modification, we authorize UTC to own and operate in the United States a share of the Bahamas II cable system. UTC shall be considered a Licensee of Bahamas II for the purpose of condition 5 of the Bahamas II cable landing license. UTC has notified the Commission that it intends to purchase from the Bahamas Telephone Company (BATELCO) one half of a minimum investment unit (MIU) in the U.S. half of the cable system. As a result, BATELCO's ownership and voting interest would be reduced from 41 MIUs to 40.5 MIUs. We will place a copy of UTC's letter and this order in the file of the Section 214 authorization allowing construction of the Bahamas II cable system, File No. ITC-96-234. 7. Accordingly, we conclude that U.S. interests under the Cable License Landing Act will be served by grant of authority to UTC to land and operate Bahamas II, subject to all of the terms and conditions in the original cable landing license, DA 96-1233, File No. SCL-96-003. V. Ordering Clauses 8. In consideration of the foregoing, IT IS ORDERED that the application, File No. SCL-96- 003(M), is GRANTED, and the Bahamas II cable landing license, SCL-96-003, is MODIFIED to add Ursus Telecom Corp. as a licensee. This grant is subject to all rules and regulations of the Federal Communications Commission; any treaties or conventions relating to communications to which the United States is or may hereafter become a party; any action by the Commission or the Congress of the United States rescinding, changing, modifying or amending any rights accruing to any person hereunder; and the conditions contained in the cable landing license, SCL-96-003. 9. UTC shall accept the terms and conditions of this license by filing a letter with the Secretary, Federal Communications Commission, Washington, D.C. 20554 within 30 days of the release of this modification. 10. This Order is issued under Section 0.261 of the Commission's rules, 47 C.F.R.  0.261, and is effective upon release. 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 public notice of this order (see 47 C.F.R.  1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau