Public Notice TEL01624S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2013-07-05

FCC.report > IB > Public Notices > TEL01624S

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IBFS_PN_1002963

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. TEL-01624S Friday July 5, 2013 Streamlined International Applications Accepted For Filing Section 214 Applications (47 C.F.R. § 63.18); Section 310(B)(4) Requests Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in Section 63.12 of the Commission's rules, 47 C.F.R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. Communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. 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). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 5

ITC-214-20130522-00145 E 011Now Technologies, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20130618-00175 E BiBiTel USA, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20130620-00176 E Roam Mobility USA Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20130626-00177 E BDDL Communications International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-ASG-20130617-00166 E Birch Telecom, Inc. Assignment Current Licensee: SE Acquisitions, LLC FROM: SE Acquisitions, LLC TO: Birch Telecom, Inc. Application filed for consent to the partial assignment of international section 214 authorization, ITC-214-19960925-00466 (Old File No. ITC-96-531), held by SE Acquisitions, LLC (SE) to Birch Telecom, Inc. (Birch Telecom). Pursuant to an asset purchase agreement executed on May 10, 2013, Birch Telecom will acquire certain customers in Kentucky that currently receive services from SE, including certain customer accounts and receivables, certain customer agreements and contracts, certain vendor agreements and contracts, certain equipment, and certain intellectual property. Upon closing, Birch Telecom will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19990701-00441. SE will retain its international section 214 authorization, ITC-214-19960925-00466. Birch Telecom is a wholly-owned subsidiary of Birch Communications, Inc., which in turn is a wholly-owned subsidiary of Birch Communications Holdings, Inc. (Birch Holdings). The following two individuals, both U.S. citizens, hold 10% or greater ownership interest in Birch Holdings: Holcombe Green (66%); R. Kirby Godsey (32%). Mr. Godsey holds his ownership interests through his individual holdings and through the R. Kirby Godsey 2008 Grantor Retained Annuity Trust. ITC-ASG-20130617-00167 E Birch Communications, Inc. Assignment Current Licensee: Lightyear Network Solutions, LLC FROM: Lightyear Network Solutions, LLC TO: Birch Communications, Inc. Application filed for consent to the partial assignment of international section 214 authorization, ITC-214-19980506-00299 (Old File No. ITC-98-345), from Lightyear Network Solutions, LLC (Lightyear) to Birch Communications, Inc. (BCI). Pursuant to an asset purchase agreement executed on May 10, 2013, BCI will acquire customers that currently receive services from Lightyear in the states of Arkansas, Massachusetts, New Jersey, New York, Pennsylvania, and Virginia. The specific assets being assigned include certain customer accounts and receivables, certain customer agreements and contracts, certain vendor agreements and contracts, certain equipment, and certain intellectual property. Upon closing, BCI will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19970926-00584 (Old File No. ITC-97-586). Lightyear will retain its international section 214 authorization, ITC-214-19980506-00299. BCI is a wholly-owned subsidiary of Birch Communications Holdings, Inc. (Birch Holdings). The following two individuals, both U.S. citizens, hold 10% or greater ownership interest in Birch Holdings: Holcombe Green (66%); R. Kirby Godsey (32%). Mr. Godsey holds his ownership interests through his individual holdings and through the R. Kirby Godsey 2008 Grantor Retained Annuity Trust. Page 2 of 5

ITC-ASG-20130617-00168 E Birch Communications, Inc. Assignment Current Licensee: SE Acquisitions, LLC FROM: SE Acquisitions, LLC TO: Birch Communications, Inc. Application filed for consent to the assignment of certain assets, but not any pre-closing liabilities and obligations, or international section 214 authorization, ITC-214-19960925-00466 (Old File No. ITC-96-531), from SE Acquisitions, LLC (SE) to Birch Communications, Inc. (BCI). Pursuant to an asset purchase agreement executed on May 10, 2013, BCI will acquire certain customers in Kentucky that currently receive services from SE, including certain customer accounts and receivables, certain customer agreements and contracts, certain vendor agreements and contracts, certain equipment, and certain intellectual property. Upon closing, BCI will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19970926-00584. SE will retain its international section 214 authorization, ITC-214-19960925-00466. BCI is a wholly-owned subsidiary of Birch Communications Holdings, Inc. (Birch Holdings). The following two individuals, both U.S. citizens, hold 10% or greater ownership interest in Birch Holdings: Holcombe Green (66%); R. Kirby Godsey (32%). Mr. Godsey holds his ownership interests through his individual holdings and through the R. Kirby Godsey 2008 Grantor Retained Annuity Trust. ITC-ASG-20130617-00169 E Birch Telecom, Inc. Assignment Current Licensee: Lightyear Network Solutions, LLC FROM: Lightyear Network Solutions, LLC TO: Birch Telecom, Inc. Application filed for consent to the partial assignment of international section 214 authorization, ITC-214-19980506-00299 Old File No. ITC-98-345), from Lightyear Network Solutions, LLC (Lightyear) to Birch Telecom, Inc. (Birch Telecom). Pursuant to an asset purchase agreement executed on May 10, 2013, Birch Telecom will acquire certain customers that currently receive services from Lightyear in all 50 states and the District of Columbia, except in Alaska, Arkansas, Massachusetts, New Jersey, New York, Pennsylvania, and Virginia. The specific assets being assigned include certain customer accounts and receivables, certain customer agreements and contracts, certain vendor agreements and contracts, certain equipment, and certain intellectual property. Upon closing, Birch Telecom will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19990701-00441. Lightyear will retain its international section 214 authorization, ITC-214-19980506-00299. Birch Telecom is a wholly-owned subsidiary of Birch Communications, Inc., which in turn is a wholly-owned subsidiary of Birch Communications Holdings, Inc. (Birch Holdings). The following two individuals, both U.S. citizens, hold 10% or greater ownership interest in Birch Holdings: Holcombe Green (66%); R. Kirby Godsey (32%). Mr. Godsey holds his ownership interests through his individual holdings and through the R. Kirby Godsey 2008 Grantor Retained Annuity Trust. The following wholly-owned subsidiaries of Birch Telecom provide international service under authority of the section 214 authorization held by Birch Telecom, ITC-214-19990701-00441, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): Birch Telecom of Missouri, Inc.; Birch Telecom of Kansas, Inc.; Birch Telecom of Texas Ltd LLP; Birch Telecom of Oklahoma, Inc.; Birch Telecom of the South, Inc.; Birch Telecom of the Great Lakes, Inc.; Birch Telecom of the West, Inc.; Birch Communications of the Northeast, Inc.; IONEX Communications, Inc.; IONEX Communications South, Inc.; and, IONEX Communications North, Inc. Page 3 of 5

ITC-T/C-20130606-00173 E 8312168 Canada, Inc. Transfer of Control Current Licensee: Allstream Fiber US, Inc. FROM: MTS Inc. TO: 8312168 Canada, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19981207-00852, held by Allstream Fiber US, Inc. (Allstream Fiber), from MTS, Inc. (MTS) to 8312168 Canada, Inc. (8312168 Canada). 8312168 Canada will acquire all of the issued and outstanding stock of Allstream Fiber from MTS. Upon closing, Allstream Fiber will become a wholly-owned subsidiary of 8312168 Canada. 8312168 Canada, a Canadian corporation, is wholly owned by Accelero Capital Investments Holdings, S.a.r.l. (Accelero Capital Investment), a Luxembourg company, which in turn is wholly owned by Accelero Capital Holdings, S.a.r.l. (Accelero Capital Holdings), a Luxembourg limited liability company. The following entities and individuals hold 10% or greater ownership interests in Accelero Capital Holdings: (1) Orascom TMT Investments S.a.r.l. (Orascom TMT Investments), a Luxembourg company (20%); (2) Khaled Bishara, an Egyptian citizen (16.2%); (3) Pezou S.a.r.l. (Pezou), a Luxembourg entity (16.2%); and, (4) Panda Investments (Panda Investments), a Singapore Private Family Trust (14.2%). Orascom TMT Investments is a wholly-owned company for investments of The Marchmont Trust, a Jersey family trust for the benefit of the Sawiris family. The Marchmont Trust (Trustee, February Private Trust Company (FPTC), a Jersey trustee company) owns Orascom TMT Investments through two wholly owned Cayman Islands companies: Marchmont Limited, which is the 100% owner of Marchco Holding Limited, which, in turn, is the 100% owner of Orascom TMT Investments. Ms. Yousriya Nassif Losa, a citizen of Egypt, is the settler and discretionary beneficiary of FPTC, along with the international Federation of Red Cross and Red Crescent Societies. Pezou is 100% owned and controlled by Rodolphe Aldo Mario Mareuse, a citizen of France with residency in the United Kingdom. Mr. Mareuse is a Managing Partner of Accelero Capital Holdings. Panda Investments is a trust for the sole benefit of Ossama Bessada, a citizen of Egypt with residency in Canada. Mr. Besseda is a Managing Partner of Accelero Capital. No other entity or individual holds 10% or greater direct or indirect equity or voting interest in Accelero Capital Holdings. ITC-T/C-20130612-00171 E Horizon Mobile Communications, Inc. Transfer of Control Current Licensee: Horizon Mobile Communications, Inc. FROM: One Horizon Group plc TO: Broadband Satellite Services Limited Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070110-00021, held by Horizon Mobile Communications, Inc. (Horizon Mobile), a wholly owned subsidiary of Satcom Distribution, Inc. (SDI), from One Horizon Group, plc. (One Horizon plc) to Broadband Satellite Services Limited (BSS), a United Kingdon public limited company. Pursuant to a Share Purchase Agreement executed on October 26, 2012, BSS will acquire all of the shares of SDI from SDI's 100% parent One Horizon plc. Upon closing, SDI and Horizon Mobile will become direct and indirect subsidiaries of BSS, respectively. BSS is jointly owned by two citizens of the United Kingdom, Ian Robinson (50%) and Robert Howes (50%). ITC-T/C-20130612-00172 E SatCom Global, Inc. Transfer of Control Current Licensee: SatCom Global, Inc. FROM: One Horizon Group plc TO: Broadband Satellite Services Limited Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20000803-00478, held by Satcom Global, Inc. (SGI), a wholly owned subsidiary of Satcom Distribution, Inc. (SDI), from One Horizon Group, plc. (One Horizon plc) to Broadband Satellite Services Limited (BSS), a United Kingdom public limited company. Pursuant to a Share Purchase Agreement executed on October 26, 2012, BSS will acquire all of the shares of SDI from its 100% parent One Horizon plc. Upon closing, SDI and SGI will become direct and indirect subsidiaries of BSS, respectively. BSS is jointly owned by two citizens on the United Kingdom, Ian Robinson (50%) and Robert Howes (50%). INFORMATIVE ITC-T/C-20130605-00164 Primus Telecommunications, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. Page 4 of 5

REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001-.2003. A current version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. Page 5 of 5


Document Created: 2013-07-03 12:03:50
Document Modified: 2013-07-03 12:03:50
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