Public Notice TEL01650

International Telecommunications

Action Taken Public Notice

2014-01-09

FCC.report > IB > Public Notices > TEL01650

12 Filings Included [expand]

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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. 14-24 Report No. TEL-01650 Thursday January 9, 2014 International Authorizations Granted Section 214 Applications (47 C.F.R. § 63.18); Section 310(b) 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 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 9

ISP-PDR-20130702-00002 E AB License Co LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 01/03/2014 AB License Co LLC ("AB License" or the "Petitioner") filed a petition for declaratory ruling ("Petition") asking the Commission to allow the indirect foreign ownership of AB License to exceed the 25 percent statutory benchmark set forth in section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"). The Petition is being filed in connection with a pending application seeking Commission consent to the assignment of various A-Block 700 MHz licenses from Cox TMI Wireless, LLC, a wholly-owned subsidiary of Cox Communications, Inc. to AB License. See ULS File No. 0005839036. AB License is a Delaware limited liability company. It is a wholly-owned subsidiary of AB Spectrum LLC ("AB Spectrum"), which is currently held as follows: Telcom Ventures, LLC ("Telcom"), a Florida limited liability company (50%); Columbia Capital Equity Partners V (QP) LP ("CCEP"), a Delaware limited partnership (31.29%); and Columbia AB Spectrum, LLC ("Columbia AB"), also a Delaware limited liability company (18.71%). AB Spectrum is managed and controlled by its Board, consisting of four directors, two appointed by Telecom and two by CCEP and Columbia AB. CCEP and Columbia AB are affiliates commonly controlled by Columbia Capital, a U.S. venture capital firm headquartered in Virginia. Petitioner states that it has filed the section 310(b)(4) petition primarily to accommodate the planned acquisition of a 49 percent equity interest (with 0% voting interest) in AB Spectrum by Future Fund Board of Guardians - an Australian entity established by the Future Fund Act of 2006 (Commonwealth of Australia) - through its wholly-owned subsidiary, Future Fund Investment Company No. 3 Pty Ltd ("Future Fund Investment"). According to the Petition, Future Fund Investment, a proprietary limited company incorporated in Victoria, Australia, has made an escrow deposit for the benefit of AB Spectrum which, when released from escrow upon closing, will comprise a fraction of the 49 percent equity interest being acquired by Future Fund Investment. Future Fund Investment Company No. 4 - another wholly-owned subsidiary of the Future Fund Board of Guardians - holds approximately 2.53 percent equity interest in AB Spectrum through Columbia AB. The Petition notes that, while the Future Fund Board of Guardians holds the Future Fund assets for and on behalf of the Commonwealth of Australia, the Future Fund Board of Guardians is responsible for specific investment decisions, and any control exercised with respect to those investments is exercised by the Future Fund Board of Guardians independently of the Government of Australia. Petitioner explains that, prior to closing the planned investment and assignment of licenses, the Future Fund Board of Guardians through its wholly-owned subsidiaries will adjust its current holdings in AB Spectrum so that its aggregate share of AB Spectrum equity remains less than 50 percent. Future Fund Investment will have the authority to appoint one Board Observer, who will have the right to attend Board and committee meetings, speak on matters presented by others, and meet and consult with officers of AB Spectrum, but Future Fund Investment will not have a vote on matters before the Board. The remaining ownership interests in AB Spectrum will be held as follows: CCEP (15.95% equity and 25% voting interests); Columbia AB (9.55% equity and 25% voting interests); and Telecom (25.5% equity and 50% voting interests). The Petitioner states that: (1) all of Telecom's investors are U.S. citizens or entities, including its controlling interest holders, Dr. Rajendra Singh and his wife, Neera Singh; (2) foreign investors hold 17.68 percent of CCEP's equity and 95.10 percent of Columbia AB's equity (these investors are insulated and do not have a voting interest in AB Spectrum); and (3) following the proposed investment by Future Fund Investment, the foreign interests held in AB Spectrum through CCEP and Columbia AB will be reduced to approximately 11.9 percent, and the aggregate foreign ownership of AB Spectrum will be approximately 60.90 percent. Pursuant to the rules and policies established by the Commission's Foreign Ownership Second Report and Order, FCC 13-50, 28 FCC Rcd 5741 (2013), we find that the public interest would not be served by prohibiting foreign ownership of AB License in excess of the 25 percent benchmark in section 310(b)(4) of the Act. Specifically, this ruling permits aggregate foreign equity and voting interests in AB License's controlling U.S. parent company, AB Spectrum, to exceed 25 percent of its equity and/or voting interests, subject to the terms and conditions set forth in section 1.994 of the Commission's rules, 47 C.F.R. § 1.994, including the requirement to obtain Commission approval before its foreign ownership exceeds the terms and conditions of this ruling. In addition, this ruling specifically permits Future Fund Investment, the Future Fund Board of Guardians, and the Commonwealth of Australia to hold up to and including 49.99 percent of the equity interests in AB Spectrum or a U.S.-organized successor-in-interest formed as part of a pro forma reorganization. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition to Adopt Conditions) filed on December 30, 2013, by the Department of Justice ("DOJ"), including the Federal Bureau of Investigation (FBI), with the concurrence of the Department of Defense ("DOD") and the Department of Homeland Security ("DHS"), to condition this grant on compliance by AB License Co LLC with the commitments and undertakings set forth in the December 20, 2013 Letter of Assurances ("LOA") from Monish Kundra, Authorized Signatory for AB Spectrum LLC, to John Carlin, Acting Assistant Attorney General, National Security Division, DOJ, Teri Takai, Chief Information Officer, DOD, and David Heyman, Assistant Secretary, Office of Policy, DHS. A copy of the Petition to Adopt Conditions and the LOA are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20130702-00002 and accessing "Other filings related to this application" from the Document Viewing Area. AB License has an affirmative duty to monitor its foreign equity and voting interests, calculate these interests consistent the attribution principles enunciated by the Commission, including the standards and criteria set forth in sections 1.992 through 1.993 of the Commission's rules, 47 C.F.R. §§ 1.992-1.993, and otherwise ensure continuing compliance with the provisions of section 310(b) of the Act. This declaratory ruling is without prejudice to the Commission's action on any other related pending application(s). Page 2 of 9

ISP-PDR-20130924-00006 E T-Mobile US, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 12/30/2013 T-Mobile US, Inc. ("T-Mobile US"), on behalf of its subsidiaries and affiliates holding common carrier radio licenses ("Joint Petitioners"), has filed a petition with the Commission for a declaratory ruling ("Petition") pursuant to section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), and section 1.990(a)(1) of the Commission's rules, 47 C.F.R. § 1.990(a)(1), that it would not serve the public interest to prohibit more than 25 percent foreign ownership in T-Mobile US, a Delaware corporation. The Petition is being filed in connection with an internal corporate reorganization that will result in the insertion of a new direct parent company, Deutsche Telekom Holding B.V. ("DT Holding B.V."), into T-Mobile US's ownership chain. DT Holding B.V. is a limited liability company organized in the Netherlands. T-Mobile US states that there will be no additional changes to T-Mobile US's ownership structure. T-Mobile US filed a supplement to the Petition by letter dated October 24, 2013, which includes an update to the list of Joint Petitioners provided in Appendix A of the Petition. T-Mobile US states that the Commission reviewed and approved the current ownership structure of and foreign interests in T-Mobile US in the DT/MetroPCS Order, 28 FCC Rcd 2322, 2359 (2013). According to the Petition, T-Mobile US is majority owned (74%) and controlled by T-Mobile Global Holding GmbH ("T-Mobile Holding"), a limited liability company organized in Germany. T-Mobile Holding is wholly owned and controlled by T-Mobile Global Zwischenholding GmbH ("T-Mobile Global"), a German limited liability company that is, in turn, wholly owned and controlled by Deutsche Telekom AG ("DT"), a publicly-traded German corporation. Two shareholders hold a ten percent or greater equity and/or voting interest in DT: (1) the Federal Republic of Germany ("FRG") holds approximately a 15 percent direct equity and voting interest in DT, and (2) Kreditanstalt für Wiederaufbau ("KfW") - a German bank that is 80 percent owned by the FRG and 20 percent owned by the German federal states - holds a 17 percent direct equity and voting interest in DT. As noted above, DT has decided to implement an internal corporate reorganization to streamline and simplify its corporate structure. Pursuant to this reorganization, T-Mobile Holding will contribute all its shares of T-Mobile US to DT Holding B.V., a wholly-owned subsidiary of T-Mobile Holding. Following the transaction, DT Holding B.V. will hold the 74 percent direct interest in T-Mobile US. Because DT Holding B.V. was not specifically approved as part of the DT/MetroPCS Order, T-Mobile US, on behalf of the Joint Petitioners, seeks specific approval for the insertion of DT Holding B.V. into the vertical ownership chain of T-Mobile US. In addition, pursuant to the rules adopted in the Foreign Ownership Second Report and Order, FCC 13-50, 28 FCC Rcd 5741 (2013), T-Mobile US, on behalf of the Joint Petitioners, requests that the Commission's declaratory ruling include all authority available under the rules, including the standard terms and conditions set forth in section 1.994 of the rules. In addition, it requests that the ruling specifically permit: (1) the specific foreign entities with a non-controlling interest in T-Mobile US, as described in the Petition (i.e., KfW and FRG), to increase their equity and/or voting interests, at some future time, up to and including a non-controlling indirect 49.99 percent equity and/or voting interest; and (2) the specific foreign entities with a controlling interest in T-Mobile US (i.e, DT Holding B.V., T-Mobile Holding, T-Mobile Global, and DT) to increase their interests, at some future time, up to and including 100 percent of T-Mobile US's equity and/or voting interests. T-Mobile US states that the Commission has previously granted such authority for all of these controlling interest holders, with the exception of DT Holding B.V. T-Mobile US, DT, and all intermediate owners of T-Mobile US affirm that they are subject to a Network Security Agreement, originally entered into as of January 12, 2001 (appended to the DT/VoiceStream Order, 16 FCC Rcd 9779 (2001)), modified as of February 22, 2008 (appended to the T-Mobile/SunCom Order, 23 FCC Rcd 2515 (2008)), and further modified as of March 5, 2013 (appended to the DT/MetroPCS Order, 28 FCC Rcd 2322 (2013)). DT Holding B.V. agrees that, once the proposed transaction closes, it will also be subject to the existing Network Security Agreement. T-Mobile US states that grant of its Petition will serve the public interest by facilitating foreign investment in a U.S. telecommunications company that will allow expanded and improved service to U.S. consumers. Pursuant to the rules and policies established by the Commission's Foreign Ownership Second Report and Order, we find that the public interest would not be served by prohibiting foreign ownership of the Joint Petitioners in excess of the 25 percent benchmark in section 310(b)(4) of the Act. Specifically, this ruling permits aggregate foreign equity and voting interests in the Joint Petitioners' controlling U.S. parent company, T-Mobile US, to exceed 25 percent of its equity and/or voting interests, subject to the terms and conditions set forth in section 1.994 of the Commission's rules, 47 C.F.R. § 1.994, including the requirement to obtain Commission approval before its foreign ownership exceeds the terms and conditions of this ruling. In addition, this ruling specifically permits: KfW and FRG, individually or collectively, to increase their equity and/or voting interests, at some future time, up to and including a non-controlling direct and/or indirect 49.99 percent equity and/or voting interest in T-Mobile US or a U.S.-organized successor-in-interest formed as part of a pro forma reorganization; and DT Holding B.V., T-Mobile Holding, T-Mobile Global, and DT, individually or collectively, to increase their equity and/or voting interests, at some future time, up to and including 100 percent of the direct and/or indirect equity and/or voting interests of T-Mobile US or a U.S.-organized successor-in-interest formed as part of a pro forma reorganization. This ruling is conditioned on compliance with the provisions of the Agreement entered into on January 12, 2001, as amended, between DT and the U. S. Department of Justice ("DOJ"), the Federal Bureau of Investigation ("FBI"), and the U.S. Department of Homeland Security ("DHS") (which was made a party to the Agreement in January 2008). The January 12, 2001 Agreement is appended to the DT-VoiceStream Order, 16 FCC Rcd 9779. The 2008 amendment is appended to the T-Mobile/SunCom Order, 23 FCC Rcd 2515. A second amendment to the Agreement, dated March 5, 2013, is appended to the T-Mobile/MetroPCS Order, 28 FCC Rcd 2322. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition to Adopt Conditions) filed on December 30, 2013, by DOJ, including the FBI, with the concurrence of DHS, to condition this grant on compliance by T-Mobile US, Inc. with the commitments and undertakings set forth in the December 27, 2013 Letter of Assurances ("LOA") from Georgianne Riley, Vice President, Legal Affairs, T-Mobile US, Inc. to the John Carlin, Acting Assistant Attorney General, National Security Division, DOJ. A copy of the Petition to Adopt Conditions and the LOA are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20130924-00006 and accessing "Other filings related to this application" from the Document Viewing area. The Joint Petitioners have an affirmative duty to monitor their foreign equity and voting interests, calculate these interests consistent with the attribution principles enunciated by the Commission, including the standards and criteria set forth in sections 1.992 through 1.993 of the Commission's rules, 47 C.F.R. §§ 1.992-1.993, and otherwise ensure continuing compliance with the provisions of section 310(b) of the Act. Page 3 of 9

Commission's rules, 47 C.F.R. §§ 1.992-1.993, and otherwise ensure continuing compliance with the provisions of section 310(b) of the Act. See 47 C.F.R. § 1.994(a) note. Grant of this declaratory ruling is without prejudice to the Commission's action on any other related pending application(s). Page 4 of 9

ISP-PDR-20131030-00007 E Iowa Wireless Services Holding Corporation Petition for Declaratory Ruling Grant of Authority Date of Action: 12/30/2013 Iowa Wireless Services Holding Corporation ("Iowa Wireless" or "Petitioner"), a common carrier wireless licensee, has filed a petition with the Commission for a declaratory ruling ("Petition") pursuant to section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), and section 1.990(a)(1) of the Commission's rules, 47 C.F.R. § 1.990(a)(1), that it would not serve the public interest to prohibit more than 25 percent foreign ownership in its 100% parent company, Iowa Wireless Services, LLC ("IWS-LLC"). The Petition is being filed in connection with an internal corporate reorganization within the vertical ownership chain of VoiceStream PCS I Iowa Corporation ("VoiceStream PCS"), which is one of two members of IWS-LLC. The reorganization will result in the insertion of a new foreign-organized holding company, Deutsche Telekom Holding B.V. ("DT Holding B.V."), into the ownership chain of VoiceStream PCS and, in turn, of IWS-LLC and Iowa Wireless. DT Holding B.V. is a limited liability company organized in the Netherlands. Iowa Wireless states that there will be no additional changes to Iowa Wireless's ownership structure, which the Commission has previously approved pursuant to section 310(b)(4) of the Act. See, e.g., Iowa Wireless Services Holding Corporation, Petition for Declaratory Ruling, Public Notice, 21 FCC Rcd 14739 (2006) (authorizing foreign ownership of IWS-LLC by Deutsche Telekom (and its German shareholders) and by named DT subsidiaries up to and including 60 percent equity and voting interests). Iowa Wireless and IWS-LLC are both organized in Delaware. According to the Petition, IWS-LLC's membership interests are held as follows: INS Wireless, Inc., a U.S.-organization corporation, holds a 46% equity and managing member interest; VoiceStream PCS, also a U.S.-organized corporation, holds a 54% equity and non-managing member interest. INS Wireless, Inc. is wholly owned and controlled by Iowa Network Services, Inc., a U.S.-organized company. VoiceStream PCS is wholly owned and controlled by T-Mobile USA, Inc., which is, in turn, wholly owned and controlled by T-Mobile US, Inc. ("T-Mobile US"), both of which are organized in the United States. The Petitioner states that the Commission reviewed and approved the current ownership structure of and foreign interests in T-Mobile US in the DT/MetroPCS Order, 28 FCC Rcd 2322, 2359 (2013). According to the Petition, T-Mobile US is majority owned (74%) and controlled by T-Mobile Global Holding GmbH ("T-Mobile Holding"), a limited liability company organized in Germany. T-Mobile Holding is wholly owned and controlled by T-Mobile Global Zwischenholding GmbH ("T-Mobile Global"), a German limited liability company that is, in turn, wholly owned and controlled by Deutsche Telekom AG ("DT"), a publicly-traded German corporation. Two shareholders hold a ten percent or greater equity and/or voting interest in DT: (1) the Federal Republic of Germany ("FRG") holds approximately a 15 percent direct equity and voting interest in DT, and (2) Kreditanstalt für Wiederaufbau ("KfW") - a German bank that is 80 percent owned by the FRG and 20 percent owned by the German federal states - holds a 17 percent direct equity and voting interest in DT. Petitioner explains that, under a planned internal corporate reorganization to streamline and simplify DT's corporate structure, T-Mobile Holding will contribute all its shares of T-Mobile US to DT Holding B.V., a wholly-owned subsidiary of T-Mobile Holding. Following the transaction, DT Holding B.V. will hold the 74 percent direct interest in T-Mobile US. Because DT Holding B.V. was not specifically approved as part of the DT/MetroPCS Order, Iowa Wireless now seeks specific approval for the insertion of DT Holding B.V. into its vertical ownership chain. In addition, pursuant to the new rules adopted in the Foreign Ownership Second Report and Order, FCC 13-50, 28 FCC Rcd 5741 (2013), Iowa Wireless requests that the Commission's declaratory ruling include all authority available under the new rules, including the standard terms and conditions set forth in section 1.994 of the rules. Iowa Wireless also requests that the ruling specifically permit: (1) the specific foreign entities with a non-controlling interest in T-Mobile US, as described in the Petition (i.e., KfW and FRG), to increase their equity and/or voting interests, at some future time, up to and including a non-controlling indirect 49.99 percent equity and/or voting interest; and (2) the specific foreign entities with a controlling interest in T-Mobile US (i.e, DT Holding B.V., T-Mobile Holding, T-Mobile Global, and DT) to increase their interests, at some future time, up to and including 100 percent of T-Mobile US's equity and/or voting interests. Iowa Wireless states that the Commission has previously granted such authority for all of these controlling interest holders, with the exception of DT Holding B.V. Iowa Wireless does not seek approval in the instant Petition to increase the amount of indirect foreign ownership in Iowa Wireless permissible under the Commission's prior declaratory rulings. It asserts that grant of its Petition will serve the public interest by facilitating foreign investment in a U.S. telecommunications company that will allow expanded and improved service to U.S. consumers. Pursuant to the rules and policies established by the Commission's Foreign Ownership Second Report and Order, we find that the public interest would not be served by prohibiting foreign ownership of Iowa Wireless in excess of the 25 percent benchmark in section 310(b)(4) of the Act. Specifically, this ruling permits aggregate foreign equity and voting interests in Iowa Wireless's controlling U.S. parent company, IWS-LLC, to exceed 25 percent of its equity and/or voting interests, subject to the terms and conditions set forth in section 1.994 of the Commission's rules, 47 C.F.R. § 1.994, including the requirement to obtain Commission approval before its foreign ownership exceeds the terms and conditions of this ruling. In addition, this ruling specifically permits DT Holding B.V., T-Mobile Holding, T-Mobile Global, and DT, individually or collectively, to hold up to and including a 60 percent (equity) non-managing member interest in IWS-LLC as a result of ownership interests held directly and/or indirectly in T-Mobile US or in a U.S.-organized successor-in-interest formed as part of a pro forma reorganization. This ruling also specifically permits KfW and FRG, individually or collectively, to hold directly and/or indirectly up to and including a non-controlling 49.99 percent equity and/or voting interest in T-Mobile US or in a U.S.-organized successor-in-interest formed as part of a pro forma reorganization. See ISP-PDR-20130924-00006 (petition for declaratory ruling under section 310(b)(4) of the Act filed by T-Mobile US, Inc.). This ruling is conditioned on compliance with the provisions of the Agreement entered into on January 12, 2001, as amended, between DT and the United States Department of Justice ("DOJ"), the Federal Bureau of Investigation ("FBI"), and the United States Department of Homeland Security ("DHS") (which was made a party to the Agreement in January 2008). The January 12, 2001 Agreement is appended to the DT-VoiceStream Order, 16 FCC Rcd 9779. The 2008 amendment is appended to the T-Mobile/SunCom Order, 23 FCC Rcd 2515. A second amendment to the Agreement, dated March 5, 2013, is appended to the T-Mobile/MetroPCS Order, 28 FCC Rcd 2322. We grant the Petition to Adopt Conditions to Authorizations and Licenses ("Petition to Adopt Conditions") filed on December 30, 2013, by DOJ, including the FBI, with the concurrence of DHS, to condition this grant on compliance by T-Mobile US, Inc. with the commitments and undertakings set forth in the December 27, 2013, Letter of Assurances ("LOA") from Georgianne Riley, Vice President, Legal Affairs, T-Mobile US, Inc. to John Carlin, Acting Assistant Attorney General, National Security Division, DOJ. A copy of the Petition to Adopt Conditions and the LOA are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20131030-00007 and accessing "Other filings related to this application" from the Document Viewing area. Page 5 of 9

ISP-PDR-20131030-00007 and accessing "Other filings related to this application" from the Document Viewing area. Iowa Wireless has an affirmative duty to monitor its foreign equity and voting interests, calculate these interests consistent with the attribution principles enunciated by the Commission, including the standards and criteria set forth in sections 1.992 through 1.993 of the Commission's rules, 47 C.F.R. §§ 1.992-1.993, and otherwise ensure continuing compliance with the provisions of section 310(b) of the Act. See 47 C.F.R. § 1.994(a) note. Grant of this declaratory ruling is without prejudice to the Commission's action on any other related pending application(s). ITC-214-20131018-00327 E Goodwin Global Communications International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 01/03/2014 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-214-20131204-00322 E Global UC Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 01/03/2014 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-214-20131212-00339 E STN USA 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: 01/03/2014 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-214-20131212-00340 E Innovative Communications Systems, 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: 01/03/2014 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-214-20131217-00328 E Petra Connections LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 01/03/2014 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). Page 6 of 9

ITC-ASG-20130522-00143 E TracFone Wireless, Inc. Assignment Grant of Authority Date of Action: 01/06/2014 Current Licensee: Start Wireless Group, Inc., d/b/a Page Plus Cellular FROM: Start Wireless Group, Inc., d/b/a Page Plus Cellular TO: TracFone Wireless, Inc. Application filed for consent to the assignment of international section 214 authorization, ITC-214-20101215-00483, held by Start Wireless Group, Inc. d/b/a Page Plus Cellular (Page Plus) to TracFone Wireless, Inc. (TracFone). Pursuant to an Asset Purchase Agreement, executed between the parties on April 29,, 2013, TracFone will purchase from Page Plus its customer base and other assets associated with the provision of its international telecommunications service operations, including international section 214 authorization, ITC-214-20101215-00483. TracFone is 98.2% owned by AMX USA Holding, S.A. de C.V. (AMX USA Holding), a Mexican entity (98.2%), which is a wholly-owned subsidiary of Sercotel, S.A. de C.V. (Sercotel), a Mexican entity, which in turn is a wholly-owned subsidiary of America Movil S.A.B. de C.V. (America Movil), a Mexican entity. Carlos Slim Helu and certain members of his family, all of whom are Mexican citizens, hold approximately 21.24% of the equity (approximately 45.02% of the voting stock) of America Movil. AT&T Inc. holds approximately 9.11% of the equity (approximately 24.5% of the voting stock) of America Movil through AA shares. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on January 6, 2014, by the Department of Justice (DOJ). Accordingly, we condition grant of this application on TracFone Wireless, Inc. abiding by the commitments and undertakings set forth in the December 19, 2013 Letter ("Letter") from F.J. Pollak, President and CEO, TracFone Wireless, Inc. to John Carlin, Acting Assistant Attorney General, National Security Division, DOJ. The Petition and the Letter may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-ASG-20130522-00143 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-20131211-00331 E Callis Communications, Inc. Transfer of Control Grant of Authority Date of Action: 01/03/2014 Current Licensee: Callis Communications, Inc. FROM: Callis Communications, Inc. TO: Cellular South, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20051216-00504, held by Callis Communications,, Inc. (Callis), from current shareholders of Callis to Cellular South, Inc. (CSI). Pursuant to the terms of a Stock and Asset Purchase Agreement, CSI will purchase the stock of Callis. After closing, Callis will become a wholly-owned subsidiary of CSI. CSI is a wholly-owned subsidiary of Telapex, Inc. f/k/a Cellular Holding Inc. (Telapex). The following entity and individual holds 10% or greater ownership interests in Telapex: Telapex, Inc. Employee Stock Ownership Plan (Telapex ESOP), a Mississippi entity (13.79% voting common stock); James H. Creekmore, Sr., a U.S. citizen (11.98% voting common stock). Telapex ESOP is a defined contribution plan whose sole trustee is Trustmark National Bank Trust Department, a U.S. national bank. No other entity or individual holds a 10% or greater ownership interest in Telapex. However, the following 13 stockholders of Telapex, all U.S. citizens and each holding less than 10% ownership interest, have a familial relationship: Wade H. Creekmore, Jr., Betsy S. Creekmore, Meredith W. Creekmore, Ashley C. Meena, Victor H. (Hu) Meena, Elizabeth C. Byrd, Sidney C. Crews, Holt J. Crews, Dolly C. Goings, Wesley Goings, James H. Creekmore, Elizabeth Creekmore, Victor M. Meena, and 11 minor children of various stockholders listed above are the beneficiaries through trusts of stock interests. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Dismissal ITC-214-20111018-00323 Telespazio S.p.A. Application hereby dismissed by Chief, Policy Division, International Bureau on January 8, 2014, pursuant to sections 1.748(a) and 63.51(b) of the Commission's rules, 47 CFR 1.748(a), 63.51(b), for failure to respond to the Commission's request for information. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. INFORMATIVE ITC-214-20000927-00570 tw telecom holdings inc. By letter dated January 6, 2014, Applicant notified the Commission that tw telecom holdings inc. will be discontinuing its integrated business line service on or after March 10, 2014 on behalf of its wholly-owned affiliates. Page 7 of 9

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 8 of 9

(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 9 of 9


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Document Modified: 2014-01-08 16:33:20
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