Public Notice TEL01669

International Telecommunications

Action Taken Public Notice

2014-05-01

FCC.report > IB > Public Notices > TEL01669

11 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. 14-583 Report No. TEL-01669 Thursday May 1, 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-214-20140210-00039 E Veritas Prepaid Phone Company, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service Grant of Authority Date of Action: 04/25/2014 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-214-20140326-00106 E MiamiNode, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 04/25/2014 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). Page 1 of 5

ITC-214-20140401-00110 E SKC Consulting International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 04/25/2014 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-20130802-00206 E Kajeet/Airlink LLC Assignment Grant of Authority Date of Action: 04/25/2014 Current Licensee: AirLink Mobile, Inc. FROM: Airlink Mobile TO: Kajeet/Airlink LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20030606-00288, held by Airlink Mobile, Inc. (Airlink) to Kajeet/Airlink, LLC (KAL). On April 3, 2009, without prior Commission consent, Airlink sold to KAL the prepaid calling card customer base and licenses associated with the provisioning of its services relating to ITC-214-20030606-00288. The following entities and or individuals, all U.S. citizens, hold 10% or greater ownership interest in KAL: Gabriel Venture Partners II, L.P. (35.4%) (General Partner Gabriel Investment Partners II, LP, owned and controlled by Rick Bolander); Draper Fisher Jurvetson Growth Fund 2006, LP (32.9%) (managed/controlled by four managing partners: Mark W. Bailey, John H.N. Fisher, Randall S. Glein, and Barry M. Schuler). No other individual or entity has a ten percent or greater direct or indirect equity or voting interest in KAL. Applicants filed requests for Special Temporary Authority (STA) related to this transaction, ITC-STA-20111227-00392, which was granted on August 15, 2013, and ITC-STA-20140210-00030, which was granted on February 11, 2014. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20140116-00023 E Oxford County Telephone and Telegraph Company Transfer of Control Grant of Authority Date of Action: 04/30/2014 Current Licensee: Oxford County Telephone and Telegraph Company FROM: Oxford County Telephone and Telegraph Company TO: Oxford Networks Holdings Inc Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970902-00523, held by Oxford County Telephone & Telegraph Company (Oxford T&T) to Oxford Networks Holdings Inc. (Oxford Holdings). Oxford T&T will merge into Oxford Networks Merger Sub, Inc. (Oxford Merger Sub), a wholly-owned subsidiary of Oxford Holdings, with Oxford T&T being the surviving entity. Oxford T&T will thus become a wholly-owned subsidiary of Oxford Holdings. The following entities hold 10% or more equity interest in Oxford Holdings, a Canadian entity: Novacap Technologies III, L.P. (Novacap III), a Quebec, Canada limited partnership (67%) (controlled by managing partner Novacap Partners Technologies III, L.P. (Novacap Partners), a Canadian entity); BSCP-OX Holdings LLC, a Delaware limited liability company (18%) (controlled by sole managing member Thadeus Mocarski, a U.S. citizen). The general partner of Novacap Partners is Novacap Management Technologies III, Inc., a Quebec, Canadian entity. La Caisse de depot et placement du Quebec, a Quebec, Canadian investment management organization, a limited partner of Novacap III, holds an indirect passive interest of approximately 15% of the equity of Holdings. No other individual or entity will hold a ten percent or greater direct or indirect equity or voting interest in Oxford Holdings or Oxford T&T. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on April 30, 2014, by the Department of Justice (DOJ). Accordingly, we condition grant of this application on compliance by Oxford County Telephone Service Company with the commitments and undertakings set forth in the April 28, 2014 letter from Thadeus Mocarski, President, Oxford Networks Holdings, Inc. and Craig Gunderson, President and CEO, Oxford County Telephone and Telegraph Company, to the Acting Assistant Attorney General, National Security Division, DOJ (Letter). A failure to comply and/or remain in compliance with any of these commitments and undertakings shall constitute a failure to meet a condition of this authorization and thus grounds for declaring the underlying authorization terminated without further action on the part of the Commission. Failure to meet a condition of the authorization may also result in monetary sanctions or other enforcement action by the Commission. The Petition and the Letter may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20140116-00023 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. Page 2 of 5

ITC-T/C-20140313-00100 E ITELECOM, INC d/b/a Advent Telecom Transfer of Control Consummated Date of Action: 04/28/2014 Current Licensee: ITELECOM, INC d/b/a Advent Telecom FROM: DAVID W TUZINOWSKI TO: Robert Jenereaux Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20010816-00421, held by ITelecom, Inc. d/b/a Advent Telecom (ITelecom), from David W. Tuzinowski to Robert Jenereaux. Mr. Tuzinowski, a U.S. citizen, currently owns 91% of, and controls, ITelecom. Mr. Jenereaux, a U.S. citizen, owns the remaing 9% of ITelecom. Pursuant to an agreement between the parties, Mr. Tuzinowski will transfer his ownership interest in ITelecom to Mr. Jenereaux. Upon closing, Mr. Jenereaux will hold 100% ownership interest in ITelecom. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-20000131-00045 Signal Point Corp. By letter filed April 28, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20040930-00397 Signal Point Corp. By letter filed April 28, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20080722-00332 Broadband System Group, Inc. By letter filed April 23, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20090310-00118 Fluent Inc By letter filed April 2, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20111108-00344 GSH COMMUNICATIONS LLC By letter filed March 11, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. 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 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 4 of 5

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 5 of 5


Document Created: 2014-04-30 15:47:39
Document Modified: 2014-04-30 15:47:39
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