Public Notice TEL01646

International Telecommunications

Action Taken Public Notice

2013-12-19

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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. 13-2426 Report No. TEL-01646 Thursday December 19, 2013 International Authorizations Granted Section 214 Applications (47 C.F.R. § 63.18); Section 310(b) Requests The FCC's Website and all Electronic Filing Systems, except for the Network Outage Reporting System (NORS), will be unavailable because of maintenance activities from 8:00 p.m. (EST) Friday, December 20 until 6:00 a.m. (EST) Sunday, December 22. We apologize for any inconvenience. ********** 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 foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b). 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. Page 1 of 5

ITC-ASG-20130215-00042 P Infosat Able Holdings, Inc. Assignment Grant of Authority Date of Action: 12/17/2013 Current Licensee: Glentel Corp. FROM: Glentel Corp. TO: Infosat Able Holdings, Inc. Application filed for consent to the assignment of assets held by Glentel Corp. (Glentel), a wholly-owned subsidiary of Glentel (USA), Inc., to Infosat Able Holdings, Inc. (Infosat). Pursuant to the terms of an Asset Purchase Agreement, Glentel will sell and assign to Infosat the assets, including the customer base, associated with Glentel's business in the United States of reselling mobile satellite services that are provided via the MSAT-1 and MSAT-2 Mobile Satellite Service space stations operated by LightSquared. Glentel will retain its international section 214 authorization, ITC-214-20130110-00008. Upon consummation, Infosat will provide services to its newly acquired customers pursuant to its existing international section 214 authorizations, ITC-214-19990218-00050 and ITC-214-20000113-00025. Infosat is an indirect wholly-owned subsidiary of Telesat Holdings Inc. (Telesat Holdings). The following entities and individuals hold direct and or indirect ownership interests in Telesat Holdings: (1) Loral Space & Communications Inc. (equity 62.80%, voting rights 33.33% for all matters as well as for electing the board of directors); (2) The Public Sector Pension Investment Board (PSP), through its wholly owned subsidiary Red Isle Private Investments Inc., a Canadian company. PSP is a Canadian Crown corporation established by the Canadian Parliament pursuant to the Public Sector Pension Investment Board Act. PSP holds a 35.32% equity interest, a 66.66% voting interest for all matters except election of the board of directors, and a 39% voting interest for the election of the board of directors; (3) John P. Cashman, a citizen of Canada and Ireland (voting rights 30% solely for the election of the board of directors); and (4) Colin D. Watson, a Canadian citizen (voting rights 6% solely for the election of the board of directors). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on December 2, 2013, by the Department of Justice (DOJ) and Department of Homeland Security. Accordingly, we condition grant of this application on Synety Group PLC abiding by the commitments and undertakings set forth in the November 20, 2013 Letter of Assurance (LOA) from Christopher DiFrancesco, Secretary, Infosat Able Holdings, Inc., 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-ASG-20130215-00042 and accessing the "Other Filings related to this application" from the Document Viewing Area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20131127-00326 E Cable & Wireless Global Network Limited Transfer of Control Grant of Authority Date of Action: 12/18/2013 Current Licensee: CABLE & WIRELESS AMERICAS SYSTEMS, INC. FROM: Vodafone Europe BV TO: Vodafone International Operations Limited Notification filed November 26, 2013, of the pro forma transfer of control of international section 214 authorization, ITC-214-20040713-00267, held by Cable & Wireless Global Network Limited (CWGLN), from its 100% indirect parent, Vodafone Europe B.V., to Vodafone International Operations Limited, effective March 26, 2013. In an intra-corporate reorganization, direct control of Cable & Wireless Worldwide plc, a 100% indirect parent of CNGWL, was moved from Vodafone Europe B.V. to Vodafone International Operations Limited. Both Vodafone Europe B.V. and Vodafone International Operations Limited are indirect wholly-owned subsidiaries of Vodafone Group Plc. ITC-T/C-20131202-00334 E Global Crossing North America, Inc. Transfer of Control Date of Action: Current Licensee: Global Crossing North America, Inc. FROM: Level 3 GC Limited TO: Level 3 Financing, Inc. Notification filed December 2, 2013, of the pro forma transfer of control of international section 214 authorization, ITC-214-19980520-00334, held by Global Crossing North America, Inc. (GCNA), from its 100% indirect parent, Level 3 GC Limited (Level 3 GCL), to Level 3 Financing, Inc. (Level 3 Financing). The pro forma transfer of control occurred as part of an intra-corporate reorganization. Level 3 GCL and Level 3 Financing were both direct wholly-owned subsidiaries of Level 3 Communications, Inc. (Level 3 Parent). On October 4, 2011, Level 3 Parent contributed all of the issued and outstanding shares of Level 3 GCL to Level 3 Financing. Also on October 4, 2011, Level 3 GCL sold all of the issued and outstanding shares of Global Crossing North American Holdings, its wholly-owned subsidiary and an indirect parent of GCNA, to Level 3 Communications, LLC (Level 3 LLC), a direct wholly-owned subsidiary of Level 3 Financing. On December 31, 2012, Global Crossing Holdings Limited, a wholly-owned subsidiary of Level 3 GCL, was merged into Level 3 GCL with Level 3 GCL being the surviving entity. CORRECTIONS ITC-ASG-20130927-00269 USConnect Holdings, Inc. Page 2 of 5

CORRECTIONS This application granted on November 22, 2013, and released on Public Notice DA No. 13-2355, is corrected to read as follows: ITC-ASG-20130927-00269 USConnect Holdings, Inc.. Assignment Grant of Authority Date of Action: 11/22/2013 Current Licensee: American Broadband Acquisition Corp. FROM: American Broadband Acquisition Corp. TO: USConnect Holdings, Inc. Application filed for consent to the assignment of assets held by American Broadband Acquisition Corp. (ABAC) to USConnect Holdings, Inc. (USConnect). Pursuant to a Master Equity and Asset Purchase Agreement, USConnect Acquisition II, Inc. (USConnect Acquisitions), a wholly-owned subsidiary of USConnect, will acquire from ABAC all of the outstanding capital stock of S&A Communications, Inc. d/b/a S&A Long Distance (S&A Communications), a wholly-owned subsidiary of ABAC. S&A Communications will thus become a direct, wholly-owned subsidiary of USConnect Acquisitions and an indirect, wholly-owned subsidiary of USConnect. S&A Communications currently provides international section 214 services pursuant to the international section 214 authorization, ITC-214-20000310-00140, held by ABAC. ABAC will retain is section 214 authority. After the transaction S&A Communications will provide international service to its customers, under the international section 214 authority held by USConnect, ITC-214-20130927-00303, pursuant to section 63.24(h) of the Commission's rules, 47 C.F.R. § 63.24(h). 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, USConnect Acquisitions or WHC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20130927-00270 Waverly Hall Communications, Inc. This application granted on November 22, 2013, and released on Public Notice DA No. 13-2355, is corrected to read as follows: ITC-T/C-20130927-00270 Waverly Hall Communications, Inc. Transfer of Control Grant of Authority Date of Action: 11/22/2013 Current Licensee: Waverly Hall Communications, Inc. FROM: American Broadband Acquisition Corp. TO: USConnect Acquisitions II, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070328-00125, held by Waverly Hall Communications, Inc. (WHC), from its 100% parent American Broadband Acquisition Corp. (ABAC), to USConnect Acquisitions II, Inc. (USConnect Acquisitions). Pursuant to a Master Equity and Assets Purchase Agreement, USConnect Acquisitions will acquire all of the outstanding capital stock of WHC. Upon closing, WHC will become a wholly-owned subsidiary of USConnect Acquisitions. USConnect Acquisitions is a wholly-owned subsidiary of USConnect Holdings, Inc. (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, USConnect Acquisitions or WHC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 5

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 4 of 5

(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 5 of 5


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Document Modified: 2013-12-18 16:32:52
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