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Comment Sought on Domestic 214 Transfer of MCV to DOCOMO Guam

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Released: October 3, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1579

Released: October 3, 2012

APPLICATIONS FILED FOR THE TRANSFER OF CONTROL

OF SUBSIDIARIES OF MCV GUAM HOLDING CORP.

TO DOCOMO GUAM HOLDINGS, INC.

PLEADING CYCLE ESTABLISHED

WC Docket No. 12-265

Petitions/Comments Due: October 17, 2012
Reply Comments Due: October 24, 2012

MCV Guam Holding Corp. (MCVGH and together with its affiliates, MCV) and DOCOMO
Guam Holdings, Inc. (DOCOMO Guam) (collectively, Applicants) filed a series of applications pursuant
to sections 214 and 310(d) of the Communications Act of 1934, as amended (Communications Act),1 and
the Cable Landing License Act of 1921,2 seeking approval for the transfer of control of the licenses and
authorizations held by MCV to DOCOMO Guam.3
MCV, incorporated in Guam, provide cable television, competitive telecommunications services
(through Guam Telecom LLC), and other services to business and residential customers in Guam. The
companies’ offerings are combined under the name MCV Broadband. MCV also resells wireless service
as a non-facilities-based mobile virtual network operator in Guam to its customers that receive other
services it provides. Applicants state that CNMI Telecom LLC, an affiliate of MCVGH, is authorized to
provide competitive telecommunications services in the Commonwealth of the Northern Mariana Islands
(CNMI) but does not currently provide any services. CNMI Cablevision LLC d/b/a Marianas Cablevision
provides cable television service in the islands of Saipan, Tinian, and Rota. Guam Cable Group, Inc.
holds certain rights in the China-US undersea cable that permit it to collocate equipment at the Tumon
Bay and Tanguisson cable landing stations in Guam, and leasehold interests in fiber optic capacity linking


1 47 U.S.C. §§ 214, 310(d).
2 47 U.S.C. §§ 34-39.
3 Application of MCV Guam Holding Corp and DOCOMO Guam Holdings, Inc. to Transfer Control of Domestic
Section 214 Authorizations, WC Docket No. 12-265 (filed Sept. 24, 2012); Applications of MCV Guam Holding
Corp. and DOCOMO Guam Holdings, Inc. to Transfer Control of International Section 214 Authorizations, File
Nos. ITC-T/C-20120921-00240, ITC-T/C-20120921-00241; ITC-T/C-20120921-00243 (filed Sept. 21, 2012);
Application of DOCOMO Guam Holdings, Inc. to Transfer Control of Guam Cable Group, Inc.’s Interest in the
China-U.S. Cable, SCL-T/C-20120924-00011 (filed Sept. 21, 2012); and Application of DOCOMO Guam
Holdings, Inc. to Transfer Control of CARS Licensee CNMI Cablevision, LLC, CAR-20120927AA-09 (filed Sept.
21, 2012).

these cable landing stations. Guam Cable Group, Inc. makes these facilities available to other licensed
carriers for resale and does not provide services to end users.
DOCOMO Guam, a Guam corporation, is a wholly owned subsidiary of NTT DOCOMO, INC.
(DOCOMO), a Japanese corporation that provides facilities-based wireless services in Guam and the
CNMI through its wholly owned subsidiary, DOCOMO PACIFIC, INC. Applicants state that NIPPON
TELEGRAPH AND TELEPHONE CORPORATION (NTT), a Japanese corporation, has a 63.32 percent
direct equity and 66.65 percent direct voting interest in DOCOMO. The Japan Ministry of Finance, a
Japanese government entity, has a 32.59 percent direct voting and equity interest in NTT. Applicants
further state that an affiliate of DOCOMO Guam, NTT DOCOMO USA, INC., holds an indirect minority
interest in Keystone Wireless that provides wireless telecommunications services in Pennsylvania, and
that it provides wireless telecommunications services through its facilities as DOCOMO USA Wireless in
the U.S. mainland and Hawaii.
Pursuant to the terms of the proposed transaction, DOCOMO Guam will purchase all of the stock
of MCVGH. Upon consummation, MCVGH and its subsidiaries will become wholly owned subsidiaries
of DOCOMO Guam.
Applicants assert that the transaction is in the public interest and will allow DOCOMO to bring
its telecommunications expertise, management resources, and financial stability to MCV’s operations in
Guam and the CNMI. They maintain that the proposed transaction will not result in competitive harm
because MCV and DOCOMO Guam provide distinct services and that each of the services provided by
MCV is subject to competition in Guam and the CNMI. Applicants state that there are currently four
facilities-based wireless carriers in Guam and that MCV’s primary competitor is the incumbent local
exchange carrier (LEC) in Guam, which provides cable television, high speed data, Voice over Internet
Protocol, and wireless services. In CNMI, Applicants state that MCV faces competition for high speed
data services from the incumbent LEC.
DOCOMO Guam is a party to the Agreement between Guam Cellular and Paging, Inc. and
DOCOMO Guam Holdings, Inc. on the one hand, and the Federal Bureau of Investigation, the U.S.
Department of Justice, and the U.S. Department of Homeland Security on the other.4 DOCOMO Guam
affirms that the commitments and undertakings in the Agreement will continue to be binding after the
proposed transfer of control. In addition, DOCOMO Guam agrees to accept as a condition to grant of the
proposed transfer of control that the terms and conditions of the Agreement apply to the additional
facilities and licenses proposed to be transferred to DOCOMO Guam.

SECTION 214 AUTHORIZATIONS

A.

International

The Applicants seek consent to the transfer of control of international section 214 authorizations
from MCVGH to DOCOMO Guam.5 The applications have been assigned the file numbers listed below.


4 See Applications of Guam Cellular and Paging, Inc. and DoCoMo Guam Holdings, Inc. for Consent to Transfer
Control of Licenses and Authorizations
, WT Docket No. 06-96, Memorandum Opinion and Order and Declaratory
Ruling, 21 FCC Rcd 13580, 13169 (Appendix) (2006).
5 DOCOMO Guam is classified as a dominant carrier on the U.S.-Japan route pursuant to section 63.10 of the
Commission’s rules, 47 C.F.R. § 63.10, and agrees to comply with the dominant carrier safeguards in section
63.10(c) in the provision of international service between the United States and Japan.
2

File Number

Authorization Holder

Authorization Number

ITC-T/C-20120921-00240
CNMI Telecom, LLC
ITC-214-20050825-00347
ITC-T/C-20120921-00241
Guam Cable Group Inc.
ITC-214-19910624-00006
ITC-214-20030404-00169
ITC-214-19960730-00354
ITC-214-19950613-00022
ITC-214-19921211-00121
ITC-T/C-20120921-00243
Guam Telecom, LLC
ITC-214-20050825-00349

B.

Domestic

Applicants filed an application to transfer control of domestic section 214 authority in connection
with the proposed transaction. They seek streamlined treatment for this application under sections
63.03(b)(1)(ii) or 63.03(b)(2)(i) of the Commission’s rules.6 In light of the multiple applications pending
before the Commission with respect to this transaction and the public interest review associated with
them, the domestic transfer of control application is not subject to streamlined treatment.

CABLE LANDING LICENSE APPLICATION

The application for consent to the transfer of control of a cable landing license held by Guam
Cable Group, Inc. has been assigned the file number listed below.

File Number

Authorization Holder

Authorization Numbers

SCL-T/C-20120924-00011
Guam Cable Group, Inc.
SCL-LIC-19980309-00005

SECTION 310(d) AUTHORIZATIONS

File Number

Authorization Holder

Call Sign

CAR-20120927AA-09
CNMI Cablevision, LLC
WLY-826

GENERAL INFORMATION

The applications referenced herein 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 and policies. Interested
parties may file comments on or before October 17, 2012, and reply comments on or before October
24, 2012.

Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this document. Comments may be filed using the Commission’s Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
§
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.


6 47 C.F.R. §§ 63.03(b)(1)(ii), 63.03(b)(2)(i).
3

§
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

In addition, provide one copy of each pleading to each of the following

:
1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., fcc@bcpiweb.com;
phone: (202) 488-5300; facsimile: (202) 488-5563;
2) Tracey Wilson, Competition Policy Division, Wireline Competition Bureau,
tracey.wilson@fcc.gov or (202) 418-1413 (facsimile);
3) Jodie May, Competition Policy Division, Wireline Competition Bureau, jodie.may@fcc.gov or
(202) 418-1413 (facsimile);
4) David Krech, Policy Division, International Bureau, david.krech@fcc.gov or (202) 418-2824
(facsimile);
5) Wayne McKee, Engineering Division, Media Bureau, wayne.mckee@fcc.gov or (202) 418-1189
(facsimile);
6) Jim Bird, Office of General Counsel, jim.bird@fcc.gov or (202) 418-1234 (facsimile).
The proceeding in this Notice shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.7 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation


7 47 C.F.R. §§ 1.1200 et seq.
4

must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b), 47 C.F.R. § 1.1206(b). Participants in this proceeding should familiarize
themselves with the Commission’s ex parte rules.
For further information, please contact Jodie May, Wireline Competition Bureau, (202) 418-
0913; David Krech, International Bureau, (202) 418-7443; Wayne McKee, Media Bureau, (202) 418-
2355.
- FCC -
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