Public Notice TEL01642

International Telecommunications

Action Taken Public Notice

2013-11-14

FCC.report > IB > Public Notices > TEL01642

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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 DA No. 13-2178 Report No. TEL-01642 Thursday November 14, 2013 International Authorizations Granted Section 214 Applications (47 C.F.R. § 63.18); Section 310(b)(4) Requests The following applications have been granted pursuant to the Commission’s streamlined processing procedures set forth in Section 63.12 of the Commission’s rules, 47 C.F.R. § 63.12, other provisions of the Commission’s rules, or procedures set forth in an earlier public notice listing applications accepted for filing. Unless otherwise noted, these grants authorize the applicants (1) to become a facilities-based international common carrier subject to 47 C.F.R. § 63.22; and/or (2) to become a resale-based international common carrier subject to 47 C.F.R. § 63.23; or (3) to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b)(4). THIS PUBLIC NOTICE SERVES AS EACH NEWLY AUTHORIZED CARRIER'S SECTION 214 CERTIFICATE. It contains general and specific conditions, which are set forth below. Newly authorized carriers should carefully review the terms and conditions of their authorizations. Failure to comply with general or specific conditions of an authorization, or with other relevant Commission rules and policies, could result in fines and forfeitures. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules in regard to the grant of any of these applications may be filed within thirty days of this public notice (see Section 1.4(b)(2)). An updated version of Sections 63.09–.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. For additional information, please contact the FCC Reference and Information Center, Room CY-A257, 445 12th Street SW, Washington, D.C. 20554, (202) 418-0270. ITC-214-20130408-00100 E Synety Group PLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 11/12/2013 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on November 12, 2013, by the Department of Justice (DOJ). Accordingly, we condition grant of this application on Synety Group PLC abiding by the commitments and undertakings set forth in the September 5, 2013 Letter of Assurance (LOA) from Simon Cleaver to Acting Assistant Attorney General, National Security Division, DOJ. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-214-20130408-00100 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 7

ITC-214-20130820-00234 E VIDA LD, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/13/2013 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-214-20130827-00222 E RJ Telecommunications Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/08/2013 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-214-20130829-00237 E T C Telecom LLC International Telecommunications Certificate Service(s): Individual Facilities-Based Service Grant of Authority Date of Action: 11/06/2013 Application for authority to provide facilities-based and resold services to Cuba in accordance with section 63.18(e)(3) of the Commission’s rules, 47 C.F.R. § 63.18(e)(3), and pursuant to the Commission’s process for applications for service to Cuba (see DA 10-112, 25 FCC Rcd 436 (IB rel. Jan. 21, 2010)). Applicant agrees to accept the terms and conditions for a waiver of the benchmark rate applicable to Cuba set forth in the FCC’s April 8, 2011 Memorandum Opinion and Order, IB DK No. 10-95, 26 FCC Rcd 5217. ITC-214-20130925-00268 E Mesh Telecom Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 11/08/2013 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-214-20130930-00266 E VOGO Communications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/08/2013 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-20130830-00244 E Time Warner Cable Business LLC Assignment Grant of Authority Date of Action: 11/13/2013 Current Licensee: TWC Communications, LLC FROM: TWC Communications, LLC TO: Time Warner Cable Business LLC Notification filed August 30, 2013 of the pro forma assignment of international section 214 authorization, ITC-214-20030117-00043, held by TWC Communications, LLC (TWC) to Time Warner Cable Business LLC (TWCB), effective August 1, 2013. TWC and TWCB are both indirect, wholly-owned subsidiaries of Time Warner Cable Inc. Page 2 of 7

ITC-ASG-20130930-00271 E ATM Tide Acquisition Company LLC Assignment Grant of Authority Date of Action: 11/08/2013 Current Licensee: Atlantic Telephone Membership Corporation FROM: Atlantic Telephone Membership Corporation TO: ATM Tide Acquisition Company LLC Application filed for consent to the assignment of certain assets held by Atlantic Telephone Membership Corporation (Atlantic Telephone) to ATM Tide Acquisition Company, LLC (ATM Tide). In first step of a two-step transaction, Atlantic Telephone will assign specific wireless assets, including customers, to ATM Tide, a wholly-owned subsidiary of Atlantic Telephone. In the second step, New Cingular Wireless PSC, LLC (New Cingular Wireless) will purchase all of the membership interests in ATM Tide from Atlantic Telephone. ATM Tide will thus become a wholly-owned subsidiary of New Cingular Wireless. New Cingular Wireless is an indirect wholly-owned subsidiary of AT&T Inc., a widely held publicly traded corporation in which no individual or entity holds a 10% or greater ownership interest. Atlantic Telephone will retain is its international section 214 authorization, ITC-214-20000707-00386, and will continue to provide international service to its remaining customers pursuant to that authority. ATM Tide will provide international service to its customers pursuant to ITC-214-20130930-00280. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20131018-00287 E New Cingular Wireless PCS, LLC Assignment Grant of Authority Date of Action: 11/13/2013 Current Licensee: NC Tide Acquisition Company LLC FROM: NC Tide Acquisition Company LLC TO: New Cingular Wireless PCS, LLC Notification filed October 18, 2013, of the pro forma assignment of international section 214 authorization, ITC-214-20130114-00039, from NC Tide Acquisition Company LLC (NC Tide) to New Cingular Wireless PCS, LLC (New Cingular), effective September 19, 2013. In an intra-corporate transaction, NC Tide was merged with and into New Cingular and NC Tide was eliminated. NC Tide was, and New Cingular continues to be, an indirect wholly-owned subsidiary of AT&T Inc. ITC-ASG-20131021-00285 E Vonage America Inc. Assignment Grant of Authority Date of Action: 11/13/2013 Current Licensee: Vonage Network LLC FROM: Vonage Network LLC TO: Vonage America Inc. Notification filed October 21, 2013, of the pro forma assignment of international section 214 authorization, ITC-214-20110413-00098, from Vonage Network, LLC, to its 100% direct parent Vonage America, Inc., effective October 1, 2013. ITC-ASG-20131023-00288 E New Cingular Wireless PCS, LLC Assignment Grant of Authority Date of Action: 11/13/2013 Current Licensee: AWCC Acquisition Company LLC FROM: AWCC Acquisition Company LLC TO: New Cingular Wireless PCS, LLC Notification filed October 18, 2013, of the pro forma assignment of international section 214 authorization, ITC-214-20090616-00560, from AWCC Acquisition Company LLC (AWCC) to New Cingular Wireless PCS, LLC (New Cingular), effective September 19, 2013 In an intra-corporate transaction, AWCC was merged with and into New Cingular and AWCC was eliminated. AWCC Tide was, and New Cingular continues to be, an indirect wholly-owned subsidiary of AT&T Inc. Page 3 of 7

ITC-ASG-20131025-00289 E New Cingular Wireless PCS, LLC Assignment Grant of Authority Date of Action: 11/13/2013 Current Licensee: CW Acquisitions, LLC FROM: CW Acquisitions, LLC TO: New Cingular Wireless PCS, LLC Notification filed October 18, 2013, of the pro forma assignment of international section 214 authorization, ITC-214-20070730-00300, from CW Acquisitions LLC (CW Acquisitions) to New Cingular Wireless PCS, LLC (New Cingular), effective September 19, 2013. In an intra-corporate transaction, CW Acquisitions was merged with and into New Cingular and CW Acquisitions was eliminated. CW Acquisitions was, and New Cingular continues to be, an indirect wholly-owned subsidiary of AT&T Inc. ITC-ASG-20131029-00290 E Northeast Long Distance, LLC Assignment Grant of Authority Date of Action: 11/13/2013 Current Licensee: Northeast Telecom, Inc. d/b/a Northeast Long Distance FROM: Northeast Telecom, Inc. d/b/a Northeast Long Distance TO: Northeast Long Distance, LLC Notification filed October 29, 2013 of the pro forma assignment of international section 214 authorization, ITC-214-19991029-00671, from Northeast Telecom, Inc. d/b/a Northeast Long Distance (NTI) to Northeast Long Distance LLC (NLD), effective November 21, 2003. In an internal corporate reorganization, NTI, a wholly-owned subsidiary of Northeast Louisiana Telephone Company (NELA), was split into two entities, with NLD receiving the international 214 authorization and providing international service. In addition, in 2004, HNG Holdings, LLC (HNG) was made a holding company for NELA. Shortly thereafter NLD was transferred to HNG. NLD thus is a direct, wholly-owned subsidiary of HNG. ITC-T/C-20130327-00094 E Intelsat General Corporation Transfer of Control Grant of Authority Date of Action: 11/13/2013 Current Licensee: Intelsat General Corporation FROM: Intelsat Global Holdings S.A. TO: Intelsat Global Holdings S.A. Notification filed March 27, 2013, and supplemented on October 22, 2013, of the pro forma transfer of control of international section 214 authorization, ITC-MOD-20050329-00170, held by Intelsat General Corporation (Intelsat General), effective October 1, 2013. Intelsat General is an indirect, wholly-owned subsidiary of Intelsat Global Holdings S.A. In a four-step corporate restructuring, three intervening entities were removed from the corporate structure. The ultimate ownership of Intelsat General Corporation remains with Intelsat Global Holdings S.A. ITC-T/C-20130327-00095 E Intelsat USA License LLC Transfer of Control Grant of Authority Date of Action: 11/13/2013 Current Licensee: Intelsat USA License LLC FROM: Intelsat Global Holdings S.A. TO: Intelsat Global Holdings S.A. Notification filed March 27, 2013, and supplemented on October 22, 2013, of the pro forma transfer of control of international section 214 authorizations, ITC-214-20051031-00443, ITC-MOD-20051007-00445, ITC-214-19920318-00117 and ITC-214-19930829-00248, held by Intelsat USA License LLC (Intelsat USA License), effective October 1, 2013. Intelsat USA License is an indirect, wholly-owned subsidiary of Intelsat Global Holdings S.A. In a four-step corporate restructuring, three intervening entities were removed from the corporate structure. The ultimate ownership of Intelsat USA License remains with Intelsat Global Holdings S.A. Page 4 of 7

ITC-T/C-20130920-00259 E CableCo, LLC d/b/a gh Valley Long Distance Transfer of Control Grant of Authority Date of Action: 10/22/2013 Current Licensee: CableCo, LLC d/b/a gh Valley Long Distance FROM: CableCo, LLC d/b/a gh Valley Long Distance TO: USConnect Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20040609-00224, held by CableCo, LLC d/b/a ghValley Long Distance (CableCo), from its indirect 100% parent, American Broadband Acquisition Corp. III (ABAC III), to USConnect Holdings, Inc. (USConnect). Pursuant to the terms of an Agreement and Plan of Merger, USConnect Acquisitions III, Inc. (USConnect Acquisitions), a newly formed wholly-owned subsidiary of USConnet, will merge with and into ABAC III, with ABAC III emerging as the surviving corporation from the merger. CableCo will thus become an indirect wholly-owned subsidiary of USConnect. The following entities and individuals hold 10% or greater ownership interests in USConnect: Brazoria Telephone Company (19.28% preferred stock, 17.35% voting interest); Dickey Rural Telephone Cooperative, Inc. (19.28% preferred stock, 17.35% voting interest); FTC Management Group, Inc. (FTC), a wholly-owned subsidiary of Farmers Telephone Cooperative, Inc. (19.28% preferred stock, 17.35% voting interest); Golden West Telecommunications Cooperative, Inc. (19.28% preferred stock, 17.35% voting interest); Horry Telephone Cooperative, Inc. (19.28% preferred stock, 17.35% voting interest). In addition, Leo Staurulakis and Manny Staurulakis, both siblings, each own 1/3 of the common stock of USConnect, and jointly own MLStar, LLC, a Virginia limited liability company, that will own 3.6% of the preferred stock of USConnect. No other individual or entity will hold a ten percent or greater direct or indirect equity or voting interest in USConnect or CableCo. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20130924-00263 E TelePuente, LLC Transfer of Control Grant of Authority Date of Action: 11/13/2013 Current Licensee: TelePuente, LLC FROM: TelePuente, LLC TO: Cobalt Holdings, Inc. Notification filed September 24, 2013, of the pro forma transfer of control of international section 214 authorizations, ITC-214-20121128-00314 and ITC-214-20121112-00286, held by TelePuente, LLC (TelePuente), to Cobalt Holdings, Inc. (Cobalt), effective September 3, 2012. In an internal corporate restructuring, Cobalt, a newly formed holding company, was inserted as the parent company of TelePuente. The individuals who directly own and control Cobalt are the same individuals who directly owned and controlled TelePuente before closing and, upon closing, continue to ultimately own and control TelePuente. ITC-T/C-20131105-00294 E KeyArt Comm., Inc. Transfer of Control Grant of Authority Date of Action: 11/13/2013 Current Licensee: KeyArt Comm., Inc. FROM: KeyArt Comm., Inc. TO: Keystone-Arthur Telephone Company Notification filed November 5, 2013 of the pro forma transfer of control of international section 214 authorization, ITC-214-19970402-00188, held by KeyArt Comm, Inc. (KACI) to Keystone-Arthur Telephone Company (KATC), effective October 15, 2002. In a corporate reorganization, the four individual owners of KACI transferred their interests in KACI to KATC and KACI became a subsidiary of KATC. Those four individual owned the controlling stock interests in KATC. At that time KATC held 91.2% of the issued and outstanding shares of KACI. Subsequently, KATC has acquired additional shares of KACI and as of January 30, 2013, holds 100% of the shares of KACI. Dismissal ITC-T/C-20130606-00173 8312168 Canada, Inc. By letter filed November 6, 2013, Applicant notified the Commission of the request for dismissal of its international transfer of control application. Page 5 of 7

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 214 Authorizations, which identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is attached to this Public Notice. The list applies to all U.S. international carriers, including those that have previously received global or limited global Section 214 authority, whether by Public Notice or specific written order. Carriers are advised that the attached Exclusion List is subject to amendment at any time pursuant to the procedures set forth in Streamlining the International Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, 11 FCC Rcd 12884 (1996), para. 18. A copy of the current Exclusion List will be maintained in the FCC Reference and Information Center and will be available at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. It also will be attached to each Public Notice that grants international Section 214 authority. (2) The export of telecommunications services and related payments to countries that are subject to economic sanctions may be restricted. For information concerning current restrictions, call the Office of Foreign Assets Control, U.S. Department of the Treasury, (202) 622-2520. (3) Carriers shall comply with the requirements of Section 63.11 of the Commission's rules, which requires notification by, and in certain circumstances prior notification by, U.S. carriers acquiring an affiliation with foreign carriers. A carrier that acquires an affiliation with a foreign carrier will be subject to possible reclassification as a dominant carrier on an affiliated route pursuant to the provisions of Section 63.10 of the rules. (4) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements contained in Sections 43.51, 64.1001 and 64.1002 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001, 64.1002. The Commission modified these requirements most recently in International Settlements Policy Reform: International Settlement Rates, First Report and Order, FCC 04-53, 19 FCC Rcd 5709 (2004). In addition, any carrier interconnecting private lines to the U.S. public switched network at its switch, including any switch in which the carrier obtains capacity either through lease or otherwise, shall file annually with the Chief, International Bureau, a certified statement containing, on a country-specific basis, the number and type (e.g., 64 kbps circuits) of private lines interconnected in such manner. The Commission will treat the country of origin information as confidential. Carriers need not file their contracts for interconnection unless the Commission specifically requests. Carriers shall file their annual report on February 1 (covering international private lines interconnected during the preceding January 1 to December 31 period) of each year. International private lines to countries which the Commission has exempted from the International Settlements Policy at any time during a particular reporting period are exempt from this requirement. See 47 C.F.R. § 43.51(d). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (5) Carriers authorized to provide private line service either on a facilities or resale basis are limited to the provision of such private line service only between the United States and those foreign points covered by their referenced applications for Section 214 authority. A carrier may provide switched services over its authorized resold private lines in the circumstances specified in Section 63.23(d) of the rules, 47 C.F. R. § 63.23(d). (6) A carrier may engage in "switched hubbing" to countries that do not appear on the Commission's list of U.S. international routes that are exempt from the International Settlements Policy, set forth in Section 64.1002, 47 C.F.R. § 64.1002, provided the carrier complies with the requirements of Section 63.17(b) of the rules, 47 C.F.R. § 63.17(b). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (7) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (8) Carriers regulated as dominant for the provision of a particular communications service on a particular route for any reason other than a foreign carrier affiliation under Section 63.10 of the rules shall file tariffs pursuant to Section 203 of the Communications Act, as amended, 47 U.S.C. § 203, and Part 61 of the Commission's Rules, 47 C.F.R. Part 61. Carriers shall not otherwise file tariffs except as permitted by Section 61.19 of the rules, 47 C.F.R. § 61.19. Except as specified in Section 20.15 with respect to commercial mobile radio service providers, carriers regulated as non-dominant, as defined in Section 61.3, and providing detariffed international services pursuant to Section 61.19, must comply with all applicable public disclosure and maintenance of information requirements in Sections 42.10 and 42.11. (9) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). Carriers shall also file the quarterly reports required by Section 43.61 in the circumstances specified in paragraphs (b) and (c) of that Section. Page 6 of 7

(10) Carriers shall file annual reports of circuit status and/or circuit additions in accordance with the requirements set forth in Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Rcd 8605 (1995). See 47 C.F.R. § 43.82. See also §§ 63.22(e), 63.23(e). These requirements apply to facilities-based carriers and private line resellers, respectively. See also http:www.fcc.gov/ib/pd/pf/csmanual.html. (11) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. Further, the grant of these applications shall not be construed to include authorization for the transmission of money in connection with the services the applicants have been given authority to provide. The transmission of money is not considered to be a common carrier service. (12) If any carrier is reselling service obtained pursuant to a contract with another carrier, the services obtained by contract shall be made generally available by the underlying carrier to similarly situated customers at the same terms, conditions and rates. 47 U.S.C. § 203. (13) To the extent the applicant is, or is affiliated with, an incumbent independent local exchange carrier, as those terms are defined in Section 64.1902 of the rules, it shall provide the authorized services in compliance with the requirements of Section 64.1903. (14) Except as otherwise ordered by the Commission, a carrier authorized here to provide facilities-based service that (i) is classified as dominant under Section 63.10 of the rules for the provision of such service on a particular route and (ii) is affiliated with a carrier that collects settlement payments for terminating U.S. international switched traffic at the foreign end of that route may not provide facilities-based switched service on that route unless the current rates the affiliate charges U.S. international carriers to terminate traffic are at or below the Commission's relevant benchmark adopted in International Settlement Rates, IB Docket No. 96-261, Report and Order, 12 FCC Rcd 19806 (1997). See also Report and Order on Reconsideration and Order Lifting Stay in IB Docket No. 96-261, FCC 99-124 (rel. June 11, 1999). For the purposes of this rule, "affiliated" and "foreign carrier" are defined in Section 63.09. Exclusion List for International Section 214 Authorizations The following is a list of countries and facilities not covered by grant of global Section 214 authority under Section 63.18(e)(1) of the Commission's Rules, 47 C.F.R. § 63.18(e)(1). In addition, the facilities listed shall not be used by U.S. carriers authorized under Section 63.18 of the Commission's Rules unless the carrier's Section 214 authorization specifically lists the facility. Carriers desiring to serve countries or use facilities listed as excluded hereon shall file a separate Section 214 application pursuant to Section 63.18(e)(3) of the Commission's Rules. See 47 C.F.R. § 63.22(c). Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice, DA 10-112, dated January 21, 2010, "Modification of Process to Accept Applications for Service to Cuba and Related Matters.") Facilities: All non-U.S.-licensed satellite systems that are not on the Permitted Space Station List, maintained at http://www.fcc.gov/ib/sd/se/permitted.html. See International Bureau Public Notice, DA 99-2844 (rel. Dec. 17, 1999). This list is subject to change by the Commission when the public interest requires. Before amending the list, the Commission will first issue a public notice giving affected parties the opportunity for comment and hearing on the proposed changes. The Commission may then release an order amending the exclusion list. This list also is subject to change upon issuance of an Executive Order. See Streamlining the Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, FCC 96-79, 11 FCC Rcd 12,884, released March 13, 1996 (61 Fed. Reg. 15,724, April 9, 1996). A current version of this list is maintained at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. For additional information, contact the International Bureau's Policy Division, (202) 418-1460. Page 7 of 7


Document Created: 2013-11-13 17:15:12
Document Modified: 2013-11-13 17:15:12
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