Public Notice TEL01664

International Telecommunications

Action Taken Public Notice

2014-04-03

FCC.report > IB > Public Notices > TEL01664

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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. 14-451 Report No. TEL-01664 Thursday April 3, 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. ITC-214-20120518-00134 E Rubard LLC d/b/a Centmobile International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 04/02/2014 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). The Petition to Deny filed by Stanacard LLC alleging that Rubard LLC d/b/a Centmobile lacks qualifications to hold a Commission authorization is denied. The Rubard LLC application complies with the requirements of § 63.18 of the Commission's rules, 47 C.F.R. § 63.18. Rubard LLC did not misrepresent its ownership information or try to conceal its place of business as Stanacard alleges. Stanacard's additional claims that Rubard LLC lacks qualifications because it failed to inform the Commission that it already was providing services at the time that it filed it application and that it inaccurately represented the date on which it began providing services, are resolved by the Rubard LLC d/b/a Centmobile, Order DA 14-25, (rel. Jan. 17, 2014), 29 FCC Rcd 149 (Enf. Bur. 2014) (adopting consent decree). Page 1 of 6

ITC-214-20140115-00026 E Bright Telecom, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service Grant of Authority Date of Action: 03/28/2014 Application for Authority to Provide International Facilities-Based and Resold Services to All International Points. ITC-214-20140224-00042 E Phonetime US Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/14/2014 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-214-20140303-00061 E ActiveServe, 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: 03/28/2014 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-ASG-20131120-00315 E Southwestern Caruth Management, Inc. Assignment Grant of Authority Date of Action: 04/02/2014 Current Licensee: BorderCOMM Partners, LP FROM: BorderCOMM Partners, LP TO: Southwestern Caruth Management, Inc. Notification filed on November 20, 2013 and supplemented on March 28, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-19940120-00019, from BorderCOMM Partners, LP (BorderCOMM) to Southwestern Caruth Management, Inc. (SCM), effective November 19, 2013. As part of a corporate reorganization, BorderCOMM assigned its international section 214 authorization to SCM, its affiliate. Both BorderCOMM and SCM are owned by the same owners: Thomas J. Spackman, Jr. (23.95% direct); Bobby Lutz (16.81% direct); Vs Comm Interest, L.P. (12.18% direct); Vs Comm Interests GP, LLC (12.18% indirect as general partner of Vs Comm Interest, L.P.); Clearview Crown Partners, L.P. (12.18% indirect through Vs Comm Interest, L.P.); CCP GP, LLC (12.18% indirect as general partner of Clearview Crown Partners, L.P.); Crown Hill Trusts (12.18% indirect through Clearview Crown Partners, L.P.); and, Michael D. Starcher (12.18% indirect through Vs Comm Interest, L.P.). No other individual or entity has a ten percent or greater direct or indirect equity or voting interest in SCM. ITC-ASG-20140226-00055 E Trilogy Dominicana S.A. Assignment Grant of Authority Date of Action: 04/02/2014 Current Licensee: TRILOGY INTERNATIONAL ENTERPRISES, LLC FROM: TRILOGY INTERNATIONAL ENTERPRISES, LLC TO: Trilogy Dominicana S.A. Notification filed February 26, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-20021021-00502, held by Trilogy International Enterprises, LLC (TIE) to Trilogy Dominicana S.A. (TDSA), effective February 1, 2014. TIE assigned to TDSA its international section 214 authorization, its interests in IRUs for undersea cable capacity between the United States and the Dominican Republic, its rights and obligations under all its international telecommunications traffic exchange agreements, and its ownership of facilities used for the provisions of international telecommunications services. TIE and TDSA are both wholly-owned subsidiaries of Trilogy International Partners LLC. Page 2 of 6

ITC-ASG-20140303-00059 E Equivoice, Inc. Assignment Grant of Authority Date of Action: 03/28/2014 Current Licensee: Equivoice Holdings, Inc. FROM: Equivoice Holdings, Inc. TO: Equivoice, Inc. Application filed for the partial assignment of international section 214 authorization, ITC-214-20051102-00446, held by Equivoice Holdings, Inc. (Holdings) to Equivoice, Inc. (Equivocie). Equivoice is a wholly-owned subsidiary of Holdings and provides 214 services under the authority of the section 214 authorization held by Holdings, section 214 authorization, ITC-214-20051102-00446, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). Pursuant to a transfer agreement, Equivoice will be acquired by Marcus McEwen (currently a 33% owner of Holdings). Holdings will retain its international section 214 authorization, ITC-214-20051102-00446. Equivoice will provide international service pursuant to section 214 authorization, ITC-214-20140303-00093. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20140401-00105 E Comcast Business Communications, LLC Assignment Grant of Authority Date of Action: 04/02/2014 Current Licensee: COMCAST BUSINESS COMMUNICATIONS, INC. FROM: COMCAST BUSINESS COMMUNICATIONS, INC. TO: Comcast Business Communications, LLC Notification filed April 1, 2014, of the pro forma assignment of international section 214 authorizations, ITC-214-19961122-00591 and ITC-214-19961122-00593, from Comcast Business Communications, Inc. to Comcast Business Communications, LLC, effective December 31, 2005. As part of a corporate restructuring, two changes were made with respect to Comcast Business Communications, Inc. First, Comcast Business Communications, Inc. and Comcast Business Communications, LLC merged, with Comcast Business Communications, LLC being the surviving entity. Second, Comcast Telephony Communications, LLC's interest in Comcast Business Communications, LLC was transferred to Comcast Cable Communications, LLC. All the entities involved are wholly-owned by Comcast Corporation. ITC-T/C-20131218-00338 E Megatel Netcom Corporation Transfer of Control Grant of Authority Date of Action: 04/01/2014 Current Licensee: Megatel Netcom Corporation FROM: Xiangyang Luo TO: Yonghui Liu Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20090401-00143, held by Megatel Netcom Corp. (Megatel), from Xiangyang Luo a/k/a Sean Luo (Mr. Luo) to Yonghui (Peter) Liu (Mr. Liu). Mr. Liu, a citizen of China, will purchase all of the shares in Megatel held by Mr. Luo. Thus upon closing, Mr. Liu will hold 80% of the outstanding shares of Megatel. Mr. Liu is the current CEO of Megatel. The remaining 20% of Megatel shares will continue to be held by Huixi Chen a/k/a Fay Chen (CFO of Megatel), a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20140303-00063 E Equivoice Holdings, Inc. Transfer of Control Grant of Authority Date of Action: 03/28/2014 Current Licensee: Equivoice Holdings, Inc. FROM: Marcus McEwen TO: Scott Grau Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20051102-00446, held by Equivoice Holdings, Inc. (Holdings). Holdings is currently owned by Marcus McEwen (33.3%), Scott Grau (33.3%) and Richard Pierce (33.3%). Holdings has two wholly-owned subsidiaries: Equivoice, Inc. and Equivoice Cruise, LLC. Equivoice, Inc. provides 214 services under the authority of the section 214 authorization held by Holdings, section 214 authorization, ITC-214-20051102-00446, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). Pursuant to a purchase agreement, Messrs. Grau and Pierce will acquire Mr. McEwen's 33.3% equity interest in Holdings and Equivoice Cruise. After closing, Messrs. Grau and Pierce will each hold an equal 50-50% share in Holdings and Equivoice Cruise will continue to be a wholly-owned subsidiary of Holdings. Mr. McEwen will have a 100% ownership of Equivoice Inc. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

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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 at the end of 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) 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). (5) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (6) 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. (7) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). (8) Carriers shall file annual reports of circuit status required by Section 43.82. This requirement applies to facilities-based carriers and private line resellers, respectively. See also http:www.fcc.gov/ib/pd/pf/csmanual.html. (9) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. (10) 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. (11) 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. (12) 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 Page 5 of 6

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). 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. This list is subject to change by the Commission when the public interest requires. 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 6 of 6


Document Created: 2014-04-02 16:00:33
Document Modified: 2014-04-02 16:00:33
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