Public Notice TEL01683

International Telecommunications

Action Taken Public Notice

2014-07-25

FCC.report > IB > Public Notices > TEL01683

17 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. 14-1062 Report No. TEL-01683 Friday July 25, 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-214-20120920-00244 E Quickly Phone USA, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/18/2014 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on July 18, 2014, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 authorization on compliance by Quickly Phone USA, LLC with the commitments and undertakings set forth in the June 19, 2014 letter from Marco Antonio Fernandez Martinez, President, Quickly Phone USA, LLC, to the Assistant Attorney General, National Security Division, DOJ and Unit Chief, Science and Technology Policy and Law Unit, Federal Bureau of Investigation (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 the authorization and thus grounds for declaring the 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-214-20120920-00244 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 7

ITC-214-20131106-00302 E Altex Group Corp. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/23/2014 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on July 23, 2014, by the Department of Justice (DOJ), the Department of Defense (DOD), and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 authorization on compliance by Altex Group Corp. with the commitments and undertakings set forth in the June 2, 2014 letter from Paola Galindo, President, Altex Group Corp., to the 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 the authorization and thus grounds for declaring the 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-214-20131106-00302 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20131121-00316 E TI Wholesale Services Puerto Rico, 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: 07/17/2014 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). Applicant agrees to be classified as a dominant carrier pursuant to section 63.10 of the Commission's rules, 47 C.F.R. § 63.10, on the U.S.- Argentina, U.S.-Brazil, U.S.-Chile, U.S.-Colombia, U.S-Peru, and U.S.-Spain routes. ITC-214-20131121-00317 E iTellum, LTD International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/22/2014 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on July 22, 2014, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 authorization on compliance by iTellum, LTD with the commitments and undertakings set forth in the June 16, 2014 letter from Tim Foss, President, iTellum, LTD, to the 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 the authorization and thus grounds for declaring the 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-214-20131121-00317 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20131121-00319 E Telediga, LTD International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/22/2014 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on July 22, 2014, by the Department of Justice (DOJ), the Department of Defense (DOD), and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 authorization on compliance by Telediga, LTD with the commitments and undertakings set forth in the June 16, 2014 letter from Tim Foss, President, Telediga, to the 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 the authorization and thus grounds for declaring the 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-214-20131121-00319 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 2 of 7

ITC-214-20131206-00337 E Angel Mobile 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: 07/10/2014 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on July 10, 2014, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 authorization on compliance by Angel Mobile Inc. with the commitments and undertakings set forth in the July 7, 2014 letter from Roland Bopp, CEO, Angel Mobile Inc., to the Assistant Attorney General, National Security Division, DOJ and Unit Chief, Science and Technology Policy and Law Unit, Federal Bureau of Investigation (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 the authorization and thus grounds for declaring the 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-214-20131206-00337 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20131217-00329 E JAGAT INTERNATIONAL LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/17/2014 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-214-20140228-00060 E RCLEC, 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: 07/21/2014 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-214-20140603-00167 E Prab Consulting and Services International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/21/2014 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-214-20140619-00186 E Latitude Telecom, 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: 07/21/2014 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-214-20140619-00187 E Switchsoft Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/21/2014 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-214-20140627-00190 E Idealtel Dominicana USA, Inc. dba myidealtel.com International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/21/2014 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 3 of 7

ITC-ASG-20140710-00200 E New Cingular Wireless PCS, LLC Assignment Grant of Authority Date of Action: 07/24/2014 Current Licensee: ATM Tide Acquisition Company LLC FROM: ATM Tide Acquisition Company LLC TO: New Cingular Wireless PCS, LLC Notification filed July 10, 2014 of the pro forma assignment of international section 214 authorization, ITC-214-20000707-00386, held by ATM Tide Acquisition Company LLC (ATM Tide), to New Cingular Wireless PCS, LLC (New Cingular), effective June 11, 2014. Prior to closing both ATM Tide and New Cingular were wholly owned indirect subsidiaries of AT&T, Inc. (AT&T), a widely held publicly owned entity. ATM Tide was merged with and into New Cingular, and eliminated. Upon closing, New Cingular holds international section 214 authorization, ITC-214-20000707-00386, and remains a wholly owned indirect subsidiary of AT&T. ITC-T/C-20130605-00164 E Primus Telecommunications, Inc. Transfer of Control Grant of Authority Date of Action: 07/18/2014 Current Licensee: Primus Telecommunications, Inc. FROM: Primus Telecommunications Group, Inc. TO: PTUS, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19960705-00299 (Old File No. ITC-96-374), ITC-214-19951015-00041 (Old File No. ITC-95-631), ITC-214-19960215-00015 (Old File No. ITC-96-075), held by Primus Telecommunications, Inc. (PTI), from its indirect 100% parent, Primus Telecommunications Group, Inc. (PTGI), to PTUS, Inc. (PTUS). Pursuant to an Equity Purchase Agreement, dated May 10, 2013, PTUS will acquire all of the stock of PTI from Primus Telecommunications Holding, Inc., PTGI's wholly-owned intermediate subsidiary, and PTI will become a wholly-owned subsidiary of PTUS. PTUS is 100% owned by PT Holdco, Inc., a Canadian holding company, which in turn is wholly owned by PT Investor, L.P. (PT Investor), a Cayman Islands limited partnership. PT Investor is controlled by its sole general partner, York Special Opportunities Domestic Holdings, LLC (YSODH), a New York limited liability company. Abu Dhabi Investment Authority (ADIA), an investment institution organized under the laws of the United Arab Emirates holds a 19.84% limited partnership equity interest in PT Investor. No other limited partner of PT Investor holds a 10% or greater limited partnership equity interest. Control of YSODH is vested solely in its managing member, York Capital Management Global Advisors, LLC (YCMGA), a New York limited liability company. YCMGA is controlled by its Chairman, Chief Executive Officer, and founder, James Dinan, U.S. citizen. No other entity or individual will hold a 10% or greater direct or indirect ownership interest in PTI after closing. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on July 17, 2014, by the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). Accordingly, we condition grant of this application on compliance by Primus Telecommunications, Inc. with the commitments and undertakings set forth in the July 16, 2014 letter from Glen Gordon, CEO, PTUS, Inc., to the 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 the authorization and thus grounds for declaring the 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-20130605-00164 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-20140714-00198 E Zayo Enterprise Networks, LLC Transfer of Control Grant of Authority Date of Action: 07/24/2014 Current Licensee: Zayo Enterprise Networks, LLC FROM: Zayo Group Holdings, Inc. TO: Communications Infrastructure Investments, LLC Notification filed July 14, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20091016-00444, held by Zayo Enterprise Networks, LLC (ZEN), from Zayo Group Holdings, Inc. (Holdings) to Communications Infrastructure Investments, LLC (CII), effective June 16, 2014. ZEN is a wholly-owned, direct subsidiary of Onvoy, LLC (Onvoy). The membership interests of Onvoy were transferred from Holdings, the direct 100% parent of Onvoy, to CII, the direct 100% parent of Holdings and the indirect 100% parent of Onvoy. Upon closing, Onvoy became a direct subsidiary of CII, and ZEN continues to remain a direct subsidiary of Onvoy and an indirect subsidiary of CII. Page 4 of 7

ITC-T/C-20140714-00201 E Onvoy, LLC Transfer of Control Grant of Authority Date of Action: 07/24/2014 Current Licensee: Onvoy, LLC FROM: Zayo Group Holdings, Inc. TO: Communications Infrastructure Investments, LLC Notification filed July 14, 2014, of the pro forma transfer of control of international section 214 authorizations, ITC-214-19971205-00766 and ITC-214-19970722-00425, held by Onvoy, LLC (Onvoy), from Zayo Group Holdings, Inc. (Holdings) to Communications Infrastructure Investments, LLC (CII), effective June 16, 2014. The membership interests of Onvoy were transferred from Holdings, the direct 100% parent of Onvoy, to CII, the direct 100% parent of Holdings and the indirect 100% parent of Onvoy. Upon closing, Onvoy became a direct subsidiary of CII. INFORMATIVE ITC-214-20070928-00393 Asia Consultancy Group, LLC By letter dated July 10, 2014, the Commission was notified that the name change from Asia Consultancy Group, LLC to ARX Communications, LLC, posted in the Actions Taken Public Notice released May 29, 2014, did not take place and the applicant's name remains Asia Consultancy Group, LLC. Page 5 of 7

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 214 Authorizations, which identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is 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 6 of 7

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 7 of 7


Document Created: 2014-07-24 16:20:40
Document Modified: 2014-07-24 16:20:40
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