FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,050
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effective competitive opportunities to U.S. carriers to land and operate undersea cables7 and to provide
telecommunications services in Independent Samoa.!
On January 11, 2011, Blue Sky, a wholly-owned, direct subsidiary of eLandia International, Inc.
("eLandia"),9 entered into an agreement with the Government of Independent Samoa to acquire control of
SanoaTel. Blue Sky directly owns 68 percent of a special-purpose subsidiary, Blue Sky SamoaTel
Investments, Ltd., which will, upon consummation, directly own 75 percent of SamoaTel's shares
outstanding.'t ASLI is a wholly-owned direct subsidiary of Blue Sky." Upon consummation, both the
Cable Landing Licensees and ASLI will become affiliated with SamoaTel. The Cable Landing Licensees
and ASLI expect Blue Sky's acquisition of SamoaTel to close on March 31, 2011.12
Section 1.768 of the Commission's rules requires that, where a U.S. submarine cable landing
licensee seeks to become affiliated with a foreign carrier with market power in a country where the U.S.
cable lands, and that country is not a Member of the WTO, the licensee must demonstrate that there are
effective competitive opportunities for U.S. companies to land and operate a submarine cable in that
country (the "ECO Test").13 Similarly, section 63.11 of the rules requires that, where a U.S. international
carrier is authorized to provide facilities-based and/or resale services between the United States and a
destination country where it seeks to become affiliated with a foreign carrier that has market power in the
destination country, and the country is not Member of the WTO, the U.S. international carrier must make
an ECO Test showing.'4
' Blue Sky Notification at 14 citing 47 C.F.R. 1.767(g)2).
s ASLI Notification at 15 citing 47 C.F.R. 63.18(k)(3Xi).
9 eLandia, a Delaware corporation, has entered into an agreement whereby Amper S.A. will acquire approximately
84.88 percent of eLandia's issued and outstanding shares, and, upon closing, indirectly control the Cable Landing
Licensees and ASLI. See Blue Sky Notification at 2-6 and ASLI Notification at 3-5.
"' ASCH is 33 percent owned by The American Samoa Government and 66 percent owned by eLandia
Technologies, Inc. ASCH, in turn, owns 100 percent of the member interests in SASC. However, for purposed of
the proposed acquisition, only Blue Sky has entered into an agreement to purchase a controlling interest in
SamoaTel. See Blue Sky Notification at 5-6, and 9.
" ASLI Notification at 1.
12 Blue Sky Notification at 10; ASLI Notification at 8.
"1 47 C.F.R. 1.768(g)(2); Note to Paragraph (g)(2) (citing Rules and Policies on Foreign Participation in the US
Telecommunications Market; Maarket Entry and Regulation of Foreign-Affiliated Entities, IB Docket No. 97-142,
Report and Order and Order on Reconsideration, 12 FCC 23891, 23094-50, 130 (1997) (Foreign Participation
Order). Order on Reconsideration, 15 FCC Rcd 1858 (2000). See also 63.18(kX3).
'4 The applicant shall make the following showing:
The named foreign country provides effective competitive opportunities to U.S. carriers to compete in that
country's market for the service that the applicant seeks to provide (facilities-based, resold switched, or
resold non-interconnected private line services). An effective competitive opportunities demonstration
should address the following factors:
(i) If the applicant seeks to provide facilities-based international services, the legal ability of U.S. carriers
to enter the foreign market and provide facilities-based international services, in particular international
message telephone service (IMTS);
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/222/: accessed September 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.