******************************************************** 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. ***************************************************************** PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 96-2079December 10, 1996 MCI COMMUNICATIONS CORPORATION AND BRITISH TELECOMMUNICATIONS PLC SEEK FCC CONSENT FOR PROPOSED TRANSFER OF CONTROL GN Docket No. 96-245 MCI Communications Corp. (MCI) and British Telecommunications plc (BT) have filed applications under the Cable Landing License Act and Sections 214(a) and 310(d) of the Communications Act of 1934, as amended, requesting Commission approval of the transfer of control to BT of licenses and authorizations held by MCI subsidiaries. This transfer of control would take place as a result of the proposed merger of MCI, a U.S. corporation, and BT, a U.K. public limited company, which would create a single telecommunications company named Concert plc (Concert). After the proposed merger, MCI and BT would become wholly-owned subsidiaries of Concert. Interested parties may file comments or petitions to deny regarding these applications no later than January 24, 1997. Reply comments or oppositions to these comments and petitions may be filed no later than February 24, 1997. Replies may be filed no later than March 17, 1997. For administrative convenience, the various applications listed below have been consolidated into one general docket. Accordingly, new file numbers will not be assigned to the individual applications for transfer of control. All filings regarding any aspect of the proposed merger should reference the general docket number assigned to this proceeding, GN Docket No. 96-245. EX PARTE STATUS OF THIS PROCEEDING For purposes of ex parte communications, the Commission's regulations categorize Section 214(a) requests that are formally opposed as non-restricted, and Section 310(d) and cable landing license requests that are formally opposed as restricted. Under the Commission's regular practice, the entire proceeding here would be treated as restricted. Because this proceeding involves unusually broad issues of public policy, however, it will be treated as non- restricted for purposes of ex parte communications. We note that the separate proceeding involving the Direct Broadcast Satellite (DBS) service authorization of an MCI subsidiary (File No. 73-SAT-P/L-96) currently is treated as restricted for ex parte purposes. Because some of the arguments raised by parties in that proceeding may also be raised in the context of MCI's application to transfer control of the authorization to BT, we reclassify, pursuant to Section 1.1200(a) of the Commission's rules, MCI's DBS authorization proceeding as non-restricted to avoid uncertainty or confusion about topics that may be treated as restricted. Interested parties should also note that our decision to treat this transfer of control proceeding as non-restricted will not affect the continuing status of FCC File Nos. 878286 and 878287 as restricted proceedings. These proceedings involve unrelated applications for the assignment of two public coast station licenses by Western Union International, Inc. (WUI), an MCI subsidiary, to Globe Wireless, Inc. We will continue to treat any matters relating to the proposed assignment of WUI's two public coast station licenses as restricted. Accordingly, ex parte presentations in this proceeding will be governed by the procedures set forth in Section 1.1206 of the Commission's rules, that are applicable to non- restricted proceedings. Ex parte presentations in non-restricted proceedings generally are permitted subject to disclosure. TRANSFER OF CONTROL APPLICATIONS The applications for transfer of control are listed below. They are separated by type of authorization or license and, within that category, by the MCI subsidiary that holds the authorization or license. Each MCI subsidiary may hold multiple authorizations or licenses of a particular type. Interested parties should refer to the transfer of control applications contained in Volume Two of the filing for a complete listing of the authorizations and licenses encompassed by the proposed merger. SECTION 214 AND CABLE LANDING LICENSE APPLICATION The following are included within an application for consent to transfer control from MCI to BT of Section 214 authorizations or interests in such authorizations held or requested by MCI or its subsidiaries: General Authorizations (e.g., resale and blanket authorizations): MCI Telecommunications Corporation (multiple authorizations) Cable Landing Licenses: MCI International, Inc. (multiple authorizations) Section 214 Authorization for Cable Facilities: MCI International, Inc. (multiple authorizations) Separate Satellite Systems Authorizations: MCI Telecommunications Corporation (multiple authorizations) Other International Section 214 Authorizations: RCA Globcom (multiple authorizations) Western Union International, Inc. (multiple authorizations) SOUTHERNNET dba Telecom*USA MCI International, Inc. Country Authorizations: MCI Telecommunications Corporation (multiple authorizations) MCI International, Inc. (multiple authorizations) SECTION 310 APPLICATIONS Domestic Public Fixed Radio Services The following are applications for consent to transfer control from MCI to BT of Point- to-Point Microwave Service authorizations held by MCI or its subsidiaries: MCI Telecommunications Corporation (WLB728, et al.) (multiple licenses) Western Union International, Inc. (KUA52, et al.) (multiple licenses) Earth Stations The following are applications for consent to transfer control from MCI to BT of Earth Station licenses held by MCI or its subsidiaries: MCI International, Inc. (E930192, et al.) MCI Telecommunications Corporation (E8195, et al.) (multiple licenses) Overseas Telecommunications, Inc. (E950371, et al.) (multiple licenses) Public Coast Stations The following is an application for consent to transfer control from MCI to BT of Public Coast Station Service licenses held by MCI or its subsidiaries: Western Union International, Inc. (KPH and WCC) Private Telephone Maintenance Radio Service The following is an application for consent to transfer control from MCI to BT of Private Telephone Maintenance Radio Service licenses held by MCI or its subsidiaries: MCI Telecommunications Corporation (KA69811, et al.) (multiple licenses) Private Business Radio Service The following are applications for consent to transfer control from MCI to BT of Private Business Radio Service licenses held by MCI or its subsidiaries: Western Union International, Inc. (KB84126) MCI Telecommunications Corporation (KNNK969, WPIN 200) Private Aircraft Station Licenses The following is an application for consent to transfer control from MCI to BT of private aircraft station licenses held by MCI or its subsidiaries: MCI Transcon Corporation (N332MC, et al.) (multiple licenses) CMRS Air-Ground License The following is an application for consent to transfer control from MCI to BT of an 800 MHz Air-Ground license held by MCI or its subsidiaries: In-Flight Phone Corporation (KNKG798) DIRECT BROADCAST SATELLITE AUTHORIZATION APPLICATION The following is an application for consent to transfer control from MCI to BT of a Direct Broadcast Satellite (DBS) authorization if granted to MCI subsidiary: MCI Telecommunications Corporation (File No. 73-SAT-P/L-96) FOREIGN CARRIER AFFILIATION NOTIFICATION Pursuant to Section 63.11 of the Commission's rules, MCI filed with the Commission a notification of the affiliations it will have with foreign carriers upon consummation of the proposed transfer of control. Interested parties should refer to Volume Two, Tab B of the filing for a complete listing and description of the affiliates. ADDITIONAL INFORMATION The transfer of control requests listed here have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission's rules or policies. An original and four copies of all pleadings must be filed in accordance with Section 1.51(c) of the Commission's rules. In addition, one copy of each pleading must be filed with (1) International Transcription Services, Inc., the Commission's duplicating contractor, at its office at 2100 M Street, N.W., Suite 140, Washington, D.C. 20037; (2) the International Reference Room, International Bureau, Room 102, 2000 M Street, N.W., Washington, D.C. 20554; and (3) the Wireless Reference Room, Wireless Telecommunications Bureau, Room 5608, 2025 M Street, N.W., Washington, D.C. 20554. Parties are also encouraged to file a copy of all pleadings on a 3.5 inch diskette in an IBM-compatible format using WordPerfect 5.1 for Windows software in a "read only" mode. Diskette submissions would be in addition to, and not a substitute for, the hard copy filing requirements reviewed above. All diskettes should be clearly labeled with (1) the party's name; (2) the name of the proceeding and docket number; (3) the type of filing submitted (e.g., comments or reply comments); and (4) the date of submission. The diskettes should be accompanied by a cover letter and filed with: William F. Caton, Acting Secretary, FCC, Room 222, 1919 M Street, N.W., Washington, D.C. 20554. Copies of the applications and any subsequently filed documents in this matter may be obtained from International Transcriptions Services, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, (202) 857-3800. In addition, the applications and any pleadings received by the Commission on a 3.5 inch diskette in WordPerfect 5.1 format can be found on the FCC's World Wide Web Site at http://www.fcc.gov. The applications and any subsequently filed documents are also available for public inspection and copying during normal reference hours at the Commission's Reference Center, 1919 M Street, Room 239, Washington, DC 20554. Any entity that makes a permitted ex parte presentation with respect to any of the applications on or after December 10, 1996, should provide an original and one copy of a written memorandum to the Commission's Acting Secretary (with a copy to the Commissioner or staff members involved) that, at a minimum, summarizes the substance of the presentation. Interested parties are reminded that to comply with the ex parte rules, such written memoranda must contain more than merely a listing of the subjects discussed, and generally more than a one or two sentence description of the views and arguments presented. Because we anticipate that there will be parties filing comments, we require MCI/BT to file summaries of any oral presentations, whether or not they are ex parte presentations, made on or after December 10, 1996, the release date of this Public Notice, until comments are filed, at which time the ex parteprocedures discussed above will apply. In addition, one copy of such written memorandum must be filed with (1) International Transcription Service, Inc., the Commission's duplicating contractor, at its office at 2100 M Street, N.W., Suite 140, Washington, D.C. 20037; (2) the International Reference Room, International Bureau, Room 102, 2000 M Street, N.W., Washington, D.C. 20554; and (3) the Wireless Reference Room, Wireless Telecommunications Bureau, Room 5608, 2025 M Street, N.W., Washington, D.C. 20554. All filings must clearly indicate the general docket number, GN Docket No. 96-245, the date on which the presentation was made, and the fact that the appropriate number of copies have been submitted to the locations noted above. All filings must be labeled or captioned as an ex parte presentation. For further information, contact James W. Hedlund, Telecommunications Division, International Bureau, (202) 418-1470.