DRAFT – March 2024
SCL-FCN Form
FCC [[#]] SCL-FCN |
Notification of Foreign Carrier Affiliation of a Cable Landing Licensee as Required by Section 1.768 of the Commission’s Rules
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Not Yet Approved by OMB 3060-0944 Estimated time per response: 11-29 Edition Date: [XXXX 2024] |
[link to Instructions]
Licensee Information
Licensee Information:
FRN
Legal Entity Type (Select One)
Individual: (check box)
Unincorporated Association: (check box)
Government Entity: (check box)
Corporation: (check box)
Limited Liability Company: (check box)
General Partnership: (check box)
Limited Partnership: (check box)
Limited Liability Partnership: (check box)
Other: (check box and then fill-in box)
Name and title; Doing Business As (DBA), address; phone; fax; email; attention to (imported from CORES during authentication)
Contact Information:
Check here if same as Licensee: (check box)
(If different from the Licensee): Name and title; Doing Business As (DBA), company name; relationship, address; phone; fax; email; (individual fields are editable)
Identify the Government, State, or Territory under the laws of which each corporate or partnership Licensee is organized below:
[Drop-down menu with list of countries and states, if the United States is selected, with the ability to add/remove in case of multiple entries]
(a) Licensee Name
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(b) Government, State, or Territory where Applicant is Organized |
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Notification Information
Brief Description of Notification: (fill-in box)
Identify the type of notification for foreign carrier affiliation:
5a. Prior Notification as required by section 1.768(a), 47 CFR § 1.768(a) of the Commission’s rules.
[If 5a is checked, display] If filing prior notification, as required by section 1.768(g)(2) of the Commission’s rules, , 47 CFR § 1.768(g)(2), the Licensee must demonstrate that it continues to serve the public interest for the Licensee to retain its interest in the cable landing license for that segment of the cable that lands in the non- World Trade Organization (WTO) destination market. Such a showing shall include a demonstration as to whether the foreign carrier lacks market power in the non-WTO destination market with reference to the criteria in section 63.10(a) of this chapter. 47 CFR § 63.10(a).
5.a.2. [If Q5.a. is selected] Does the Licensee request confidential treatment of the filing for the first 20 days after filing under section 1.768(i) of the Commission’s rules, 47 CFR § 1.768(i)?
Yes (check box) In an attachment, submit the information required by section 0.459 of the Commission’s rules for a request for confidential treatment of the filing. 47 CFR § 0.459.
No (check box)
5b. Post-Consummation Notification pursuant to the exceptions in section 1.768(b) of the Commission’s rules. , 47 CFR § 1.768(b). (check box)
5.b.1. [If Q5.b. is selected] If filing a Post-Consummation Notification, identify the rule exception on which the Licensee is relying:
Section 1.768(b)(1)(i) – The Commission has previously determined in an adjudication that the foreign carrier lacks market power in that destination market. (check box)
Section 1.768(b)(1)(ii) – The foreign carrier owns no facilities in that destination market. (check box)
Section 1.768(b)(2)(i) – The destination market where the cable lands is a WTO Member, and the licensee demonstrates that its foreign carrier affiliate lacks market power in the cable's destination market pursuant to section 63.10(a)(3). (check box)
Section 1.768(b)(2)(ii) – The destination market where the cable lands is a WTO Member, and the licensee agrees to comply with the reporting requirements contained in section 1.767(l) of the Commission’s rules, effective upon the acquisition of the affiliation. (check box)
5.b.2. [Show this if Q5.b. is selected] Post-Consummation Table
(a) Name of Foreign Carrier |
(b) Date of Closing |
Text box [[allow multiple rows to enter multiple names and dates]] |
[Text box for date] [If the date entered is later than 30 days before current date; display message below] |
Submit in an attachment an explanation as to why the notification was not provided to the Commission 30 days or less after the consummation in accordance with section 1.768(c) of the Commission’s rules. 47 CFR § 1.768(c).
Identify the name(s) of the cable system(s) that is/are the subject of this notification and the FCC file number(s) under which the license was granted.
(a) Name of Cable System |
(b) AuthID/File Number(s) |
[Text box] |
Text box for file numbers, validation that authorization sign/file numbers are current |
Has the Licensee provided a narrative description of the Foreign Carrier Affiliation?
Is there an accompanying Assignment or Transfer of Control application filed with the Commission?
Yes (check box)
ICFS file number(s) of the Assignment or Transfer of Control Application: [text box]
Date of Filings: [Text box]
No. [radio button]
Does the Licensee have a 10% or greater direct or indirect foreign owner?
Yes (check box)
No (check box)
Is there a separately filed waiver request associated with this Notification?
Yes (check box)
SCL-WAV File Number(s): [fill-in box]
No (check box)
Foreign Carrier Information
As required by section 1.768(e) of the Commission’s rules, 47 CFR § 1.768(e), provide the name(s) of the foreign carrier(s) that the Licensee is or seeks to become affiliated with, the country or countries at the foreign end of the cable in which the foreign carrier is authorized to provide telecommunications services to the public or where it owns and/or controls a cable landing station, whether the country is a member of the WTO, the name of the cable system that is the subject of the notification:
(a) Name of Foreign Carrier(s) |
(b) Country or Countries |
(c) WTO Member |
[fill-in box] |
[Drop-down menu list of countries] |
[Yes/No radial buttons] |
[Ability to add/remove rows and multiple countries for every entity]
Does the Licensee seek to be excepted from the reporting requirements in section 1.767(l) of the Commission’s rules for these destination countries?
Yes (check box) In an attachment, demonstrate that each foreign carrier affiliate listed above lacks market power in the cable’s destination market(s) pursuant to section 63.10(a)(3) of the Commission’s rules.
12.a. [if No is checked for Q 12] Effective upon the acquisition of the affiliation the Licensee agrees to comply with the reporting requirements in section 1.767(l) of the Commission’s rules, 47 CFR § 1.767(l), for the following destination market(s):
Ownership Information
Does any person or entity directly or indirectly have a 10% or greater direct or indirect ownership of the Licensee?
Yes (check box) Provide, in the fields below, the name, address, citizenship, and principal business of any person or entity that directly or indirectly owns at least ten percent of the equity of the Licensee (“interest holder”), and the percentage of equity owned by each of those entities (to the nearest one percent). Provide information regarding any direct ten percent or greater ownership interests held in the licensee. Also provide, in an attachment, a detailed ownership listing as required by section 1.768(e)(4) and the name of any interlocking directorates with each foreign carrier named in this notification, as defined in section 63.09(g)(1) of the Commission’s rules.
(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity of the Licensee (“Interest Holder”) |
(b) Address of Interest Holder |
(c) Citizenship or Country of Incorporation of Interest Holder [allow for dual citizenship for individuals] |
(c)(1) Dual or More Citizenships (if applicable) |
(d) Principal Business of Interest Holder |
(e) Name of the Entity in Which the Interest Holder has at Least a Direct 10% Equity Interest |
(f) Percentage Owned by Interest Holder |
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[fill-in box] |
[fill-in box] |
[Drop-down menu of countries]
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[optional column] [ Applicant can choose one or more countries from Drop-down country list; can also select “other non-specified areas,” which must be named in an uploaded attachment.
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[fill-in box] |
[fill-in box] |
[fill-in box] [cannot be less than 10 or greater than 100] |
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[Ability to add/remove rows]
No (check box)
Does the Applicant have any interlocking directorates with foreign carrier(s) named in this notification, pursuant to section 1.768(e)(5) of the Commission’s rules?
Yes (check box) In an attachment identify the interlocking directorates pursuant to 1.768(e)(5) of the Commission’s rules.
No (check box)
Waivers
Does the Applicant request a waiver(s) of the Commission’s rules?
Yes (check box) If yes, attach the request with a supportive narrative and documentation.
No (check box)
15.a. If yes, identify the rule section(s) for which a waiver is sought below.
[fill-in box]
Application Fees
Will a fee be paid?
16.a. If yes, select the appropriate fee code for the application.
[Down box to select fee code]
16.b. If no, indicate reason for fee exemption.
Governmental Entity (check box)
Noncommercial educational license (check box)
Other (Explain) [fill-in text box for explanation]
Attachments
The Licensee has uploaded a narrative description of the Foreign Carrier Affiliation as required by the Commission’s rules. (check box)
[If Q5a (Prior Notification) is checked] The Licensee has uploaded an attachment demonstrating that it continues to serve the public interest for the Licensee to retain its interest in the cable landing license for that segment of the cable that lands in the non-WTO destination market as required by section 1.768(g)(2) of the Commission’s rules, 47 CFR § 1.768(g)(2), and the showing includes a demonstration as to whether the foreign carrier lacks market power in the non-WTO destination market with reference to the criteria in section 63.10(a) of the Commission’s rules. 47 CFR § 63.10(a). (check box)
[If the date in 5.a.1. is prior to 45 days before the filing date] The Licensee has uploaded an explanation as to why the notification was not provided to the Commission at least 45 days prior to consummation in accordance with section 1.768(a) of the Commission’s rules. 47 CFR § 1.768(a). (check box)
[If Q5.a.2. is Yes] The Licensee has uploaded the information required by section 0.459 of the Commission’s rules, 47 CFR § 0.459, for a request for confidential treatment of the filing. (check box)
[If Q12 is Yes] The Licensee has uploaded an attachment, demonstrating that each foreign carrier affiliate listed in this notification lacks market power in the cable’s destination market(s) pursuant to section 63.10(a)(3) of the Commission’s rules, 47 CFR § 63.10(a)(3). (check box)
The Licensee has uploaded a detailed ownership listing responding to 63.18(h), 47 CFR § 63.18(h) of the Commission’s rules, and the name of any interlocking directorates with each foreign carrier named in this notification, as defined in section 63.09(g)(1), 47 CFR § 63.09(g)(1), of the Commission’s rules. (check box)
Attachments/Confidential Treatment of Attachment
Is the Applicant requesting confidential treatment of an attachment(s) under section 0.459 of the Commission’s rules?
Yes (check box) The Applicant must upload a supporting statement for the “confidential treatment request(s)” identifying the applicable rule(s) and providing other supporting materials or information. The Applicant must also upload both the Redacted Public version and the Non-Redacted Confidential version of the attachment(s) in the Attachments section below.
No (check box)
Attachment No. |
Description of Attachment |
Confidential Treatment Requested |
Attachment 1 |
[Fill in box]
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[check box] |
Attachment 2 (Public Version of Confidential Treatment Request and Supporting Statement) |
[Fill in box]
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Attachment 2(a) (Public Redacted Version) |
[Fill-in box]
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Attachment 2(b) (Confidential Non-Redacted Version) |
[Fill-in box]
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[check box] |
Continuing Accuracy
The Licensee acknowledges that it shall maintain the continuing accuracy of information pursuant to section 1.768(h) of the Commission’s rules for a period of 45 days after the filing of this form.
(check box)
Certification Statements and Acknowledgements
[If a licensee checks Q5b (Post Notification section 1.768(b)] The Licensee certifies that, as required by section 1.768(e)(7) of the Commission’s rules, 47 CFR § 1.768(e)(7), it has submitted, in an attachment, a certification as to which exception in section 1.768(b) of the Commission’s rules, 47 CFR § 1.768(b), the foreign carrier satisfies and a citation to any adjudication upon which the Licensee is relying. If the Licensee is relying upon the exceptions in section 1.768(b)(2) of the Commission’s rules, 47 CFR § 1.768(b)(2), the Licensee certifies that the destination market where the cable lands is a WTO Member country and that the Licensee, in an attachment, has made the required certified demonstration in section 1.768(b)(2)(i) of the Commission’s rules, 47 CFR § 1.768(b)(2)(i), or the certified commitment to comply with the reporting requirements in section 1.768(b)(2)(ii) of the Commission’s rules, 47 CFR § 1.768(b)(2)(ii), in the notification required by section 1.768(c) of the Commission’s rules, 47 CFR § 1.768(c).
The Licensee certifies that it has provided all the required information and certifications under section 1.768 of the Commission’s rules.
The Applicant certifies that neither it nor any other party to the application is subject to a denial of Federal benefits, including FCC benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR § 1.2002(b) for the meaning of "party to the application" for these purposes. (This certification does not apply to applications filed in services exempted under section 1.2002(c) of the Commission’s rules, 47 CFR § 1.2002(c) or to Federal, State or local governmental entities or subdivisions thereof. See 47 CFR § 1.2002(c)).
The Applicant certifies that all of its statements made in this application and in the attachments or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.
(check box)
Party Authorized to Sign
First Name:
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MI: |
Last Name: |
Suffix: |
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Title:
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Signature:
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Date: |
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FAILURE TO SIGN THIS FORM MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID |
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WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18 Section 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503) |
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Adrienne McNeil |
| File Modified | 0000-00-00 |
| File Created | 2024-07-20 |