FCC Actions Taken Under Cable Landing License Act
FCC Public Notice
April 11, 2024
DA No.: 24-345
Report No.: SCL-00458
Actions Taken Under Cable Landing License Act
Section 1.767(a) Cable Landing Licenses, Modifications, and Assignments or Transfers of Control of Interests in Cable Landing Licenses (47 CFR § 1.767(a))
By the Chief, Telecommunications and Analysis Division, Office of International Affairs:
Pursuant to an Act relating to the landing and operation of submarine cables in the United States, 47 U.S.C. §§ 34-39 (Cable Landing License Act), Executive Order No. 10530, Exec. Ord. No. 10530 reprinted as amended in 3 U.S.C. § 301, and section 1.767 of the Commission's rules, 47 CFR § 1.767, the following applications ARE GRANTED. These grants of authority are taken under section 0.261 of the Commission's rules. 47 CFR § 0.261. Petitions for reconsideration under section 1.106 or applications for review under section 1.115 of the Commission's rules may be filed within thirty (30) days of the date of this public notice. 47 CFR §§ 1.106, 1.115.
These applications have been coordinated with the Department of State and other Executive Branch agencies pursuant to section 1.767(b) of the Commission's rules and consistent with procedures established with the Department of State. 47 CFR § 1.767(b); see Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, Report and Order, 16 FCC Rcd 22167, 22192-93, paras. 51-52 (2001) (Submarine Cable Landing License Report and Order); Commission Announces Department of State's Revised Procedures for its Consideration of Submarine Cable Landing License Applications, IB Docket No. 16-155, Public Notice, DA 22-435 (rel. Apr. 19, 2022).
This public notice serves as each cable landing licensee's Cable Landing License, or modification thereto, pursuant to the Cable Landing License Act and sections 1.767 and 1.768 of the Commission's rules. 47 CFR §§ 1.767, 1.768. Cable landing licensees should review the terms and conditions of their licenses. Failure to comply with these terms and conditions or relevant Commission rules and policies could result in fines or forfeitures.
DA No.: 24-345
Report No.: SCL-00458
Date of Action: 04/10/2024
Assignment
Grant of Authority
Current Licensee: RTI JGA Pte. Ltd.
FROM: RTI JGA Pte. Ltd.
TO: Jason Aleksander Kardachi
Notification filed on: October 4, 2023
Notification filed on October 4, 2023, of the involuntary assignment of assets and interests held by RTI JGA Pte Ltd. (RTI JGA) in the cable landing licenses for the Japan-Guam-Australia North cable system (JGA North) (SCL-LIC-20181106-00035) and the Japan-Guam-Australia South cable system (JGA South) (SCL-LIC-20190502-00016) to Jason Aleksander Kardachi and Cosimo Borrelli as the court-appointed managers and receivers for RTI JGA Pte. Ltd. as Debtor Under the Receivership and Management of Messrs. Cosimo Borrelli and Jason Aleksander Kardachi. RTI JGA, a Singapore entity, is a licensee on the JGA North system which connects Guam and Japan and the JGA South cable system which connects Guam and Australia. This transaction does not affect the remaining interests held by the other licensees of the JGA North and JGA South cable systems. The Applicants filed a supplement on February 8, 2024.
Poseidon International Connectivity Pte. Ltd. (Poseidon JGA Lender) is the sole lender of record and secured creditor to RTI JGA and the holder of security interests in certain assets and interests including the interests held by RTI JGA in JGA North and JGA South. In an effort to enforce its rights under the credit agreements, on August 15, 2023, Poseidon JGA Lender entered into a Transaction Support Agreement that provides for it to obtain receivers to operate, manage, and control of RTI JGA's interests in JGA North and JGA South during the pendency of the debt restructuring process. Concurrently with the execution of the Transaction Support Agreement, on August 15, 2023, Poseidon JGA Lender filed an application with the High Court of the Republic of Singapore (High Court) seeking the appointment of the independent receivers and managers over RTI JGA's relevant assets pursuant to the provisions of the credit agreements. On September 5, 2023, the High Court issued an order approving that request and appointing Messrs. Cosimo Borrelli and Jason Aleksander Kardachi as the receivers and managers.
Jason Aleksander Kardachi and Cosimo Borrelli are both citizens of Australia. They certify that they will accept and abide by the routine conditions set forth in section 1.767(g) of the Commission's rules. 47 CFR § 1.767(g).
