Public Notice TEL01685

International Telecommunications

Action Taken Public Notice

2014-08-07

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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. 14-1147 Report No. TEL-01685 Thursday August 7, 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-214-20131213-00341 E MTI (USA) LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/31/2014 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-214-20140701-00195 E Traci.net International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/01/2014 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 1 of 7

ITC-214-20140703-00196 E Zactly Managed Services, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/01/2014 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-214-20140714-00199 E Global Calling Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/01/2014 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-ASG-20140304-00065 E Hibernia NGS Limited Assignment Grant of Authority Date of Action: 08/06/2014 Current Licensee: Hibernia Group ehf FROM: Hibernia Group ehf TO: Hibernia NGS Limited Notification filed March 4, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-20100303-00093, from Hibernia Group ehf (Hibernia Group) to Hibernia NGS Limited (Hibernia NGS), effective January 31, 2014. In a corporate restructuring, Hibernia Group was merged into its direct, 100% parent, Hibernia NGS, with Hibernia NGS being the surviving entity. ITC-ASG-20140430-00138 E DSCI, LLC Assignment Grant of Authority Date of Action: 08/06/2014 Current Licensee: DSCI Corporation FROM: DSCI Corporation TO: DSCI, LLC Notification filed April 30, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-20040309-00098, from DSCI Corporation (DSCI) to its wholly-owned subsidiary, DSCI, LLC, effective March 28, 2014. DSCI contributed all of its assets and substantially all of its liabilities to DSCI, LLC pursuant to the terms of a Contribution Agreement, dated March 28, 2014. Also under the terms of the agreement, DSCI, LLC issued Class A and Class B Units (collectively the voting units) to current shareholders of DSCI and Class C Units (non-voting units), to current shareholders Tim Battles (33.33%), Sean Dandley (33.33%), and James Maloney (33.33%) of DSCI. Pursuant to a March 31, 2014 Unit Purchase Agreement, DSCI retained 50.56% of all outstanding shares of the voting stock of DSCI, LLC and sold approximately 35% of the Company Units, representing 35.78% of the Voting Units, to McCarthy DSCI Investors, LLC, and approximately 13% of the Company Units, representing 13.54% of the Voting Units, to McCarthy DSCI Investors II, LLC, both Delaware limited liability companies. The remaining .12% of the Voting Units will be held by DSCI Holdings Affiliate, Inc., a wholly owned subsidiary of DSCI. Upon completion of the transaction, DSCI changed its name to DSCI Holdings Corporation (DSCI Holdings). Following the transaction DSCI Holdings continues to maintain its majority interest in DSCI LLC, and its shareholders continue to hold the same proportion of ownership interest vis-à-vis one another that they held prior to the March 28th and the March 31st transactions. Upon closing, DSCI LLC began to provide services pursuant to international section 214 authorization, ITC-214-20040309-00098. Page 2 of 7

ITC-ASG-20140618-00185 E Cellular South, Inc. Assignment Grant of Authority Date of Action: 08/01/2014 Current Licensee: Megagate Broadband, Inc. FROM: Megagate Broadband, Inc. TO: Cellular South, Inc. Appllication filed for consent to the assignment of international section 214 authorization, ITC-214-19980630-00447, held by MegaGate Broadband, Inc. (MegaGate) to Cellular South, Inc. (CSI). Pursuant to the terms of an assets purchase agreement, CSI will acquire assets and license held by MegaGate. Upon closing, CSI will continue the services that are currently provided by MegaGate. CSI is wholly owned by Telapex, Inc. (Telapex). The following entity and individual hold a 10% or greater attributable interest inTelapex: Telapex, Inc. Employee Stock Ownership Plan (Telapex ESOP), a Mississippi trust plan (sole trustee Trustmark National Bank Trust Department, a domestic bank (13.7972%); James H. Creekmore, Sr., a U.S. citizen (11.9827%). In addition members of the Creekmore family hold approximately 72% of Telapex, although none individually holds a ten percent or greater interest. There are no 10% or greater interest holders of Telapex ESOP. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20140717-00206 E Hibernia Media LLC Assignment Grant of Authority Date of Action: 08/06/2014 Current Licensee: Hibernia NGS Limited FROM: Hibernia NGS Limited TO: Hibernia Media LLC Notification filed July 17, 2014, of the pro forma assignment of international section 214 authorization, ITC-21420100303-00093, from Hibernia NGS Limited to its wholly-owned subsidiary, Hibernia Media LLC, effective July 15, 2014. ITC-ASG-20140730-00228 E Cricket Communications, Inc. Assignment Grant of Authority Date of Action: 08/06/2014 Current Licensee: STX Wireless, LLC FROM: STX Wireless, LLC TO: Cricket Communications, Inc. Notification filed July 30, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-20100604-00227, from STX Wireless, LLC (STX Wireless) to Cricket Communications, Inc. (Cricket), effective June 30, 2014. STX Wireless was merged into Cricket and was eliminated. Cricket now holds licenses and authorizations formerly held by STX Wireless, including ITC-214-20100604-00227. STX Wireless was, and Cricket continues to be, an indirect, wholly-owned subsidiary of AT&T, Inc. ITC-ASG-20140730-00229 E Santa Rosa Communications Ltd. Assignment Grant of Authority Date of Action: 08/06/2014 Current Licensee: Santa Rosa Communications, Inc. FROM: Santa Rosa Communications, Inc. TO: Santa Rosa Communications Ltd. Notification filed July 30, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-19981125-00827, from Santa Rosa Communications, Inc. to Santa Rosa Communications Ltd., effective December 31, 2003. Santa Rosa Communications changed its format from a Texas corporation to a Texas limited partnership. Page 3 of 7

ITC-T/C-20140116-00012 E Hibernia Group ehf Transfer of Control Grant of Authority Date of Action: 08/06/2014 Current Licensee: Hibernia Group ehf FROM: Hibernia Group ehf TO: Hibernia NGS Limited Notification filed January 16, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20100303-00093, held by Hibernia Group ehf (Hibernia Group) to Hibernia NGS Limited (Hibernia NGS), effective July 24, 2013. In an intra-corporate transaction, a new holding company was inserted into the ownership chain. Prior to the transaction, Columbia Ventures Corporation (CVC) held an 83% direct interest in Hibernia Group and CVC III Hibernia Blocker, Inc. (CV Hibernia) held a 17% direct interest in Hibernia Group. In the transaction, Hibernia NGS was inserted between Hibernia Group and its owners - CVC and CV Hibernia. Hibernia Group is now a wholly-owned direct subsidiary of Hibernia NGS, and CVC and CV Hibernia now hold the same ownership interests in Hibernia NGS that they previously held in Hibernia Group, i.e., 83% and 17%, respectively. ITC-T/C-20140304-00064 E Hibernia Atlantic U.S. LLC Transfer of Control Grant of Authority Date of Action: 08/06/2014 Current Licensee: Hibernia Atlantic U.S. LLC FROM: Hibernia Group ehf TO: Hibernia NGS Limited Notification filed March 4, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20090612-00283, held by Hibernia Atlantic U.S. LLC (Hibernia Atlantic), from its 100% direct parent, Hibernia Group ehf (Hibernia Group), to Hibernia NGS Limited (Hibernia NGS), effective January 31, 2014. In a corporate restructuring, Hibernia Group was merged into its direct, 100% parent, Hibernia NGS, with Hibernia NGS being the surviving entity. Hibernia Atlantic is now a direct, wholly-owned subsidiary of Hibernia NGS. ITC-T/C-20140721-00217 E Business Telecom, LLC d/b/a EarthLink Business Transfer of Control Grant of Authority Date of Action: 08/06/2014 Current Licensee: Business Telecom, LLC d/b/a EarthLink Business FROM: EarthLink, LLC TO: EarthLink Holdings Corp. Notification filed July 21, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20040708-00260, held by Business Telecom LLC d/b/a EarthLink Business (BTI), from EarthLink LLC to its direct parent, EarthLink Holdings Corp., effective June 30, 2014. In a corporate restructuring, EarthLink LLC was removed as an intermediate holdings company between BTI and EarthLink Holdings in the corporate ownership chain. ITC-T/C-20140721-00219 E DeltaCom, LLC d/b/a EarthLink Business Transfer of Control Grant of Authority Date of Action: 08/06/2014 Current Licensee: DeltaCom, LLC d/b/a EarthLink Business FROM: EarthLink, LLC TO: EarthLink Holdings Corp. Notification filed July 21, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20050325-00139, held by DeltaCom LLC d/b/a EarthLink Business (DeltaCom), from EarthLink LLC to its direct parent, EarthLink Holdings Corp., effective June 30, 2014. In a corporate restructuring, EarthLink LLC was removed as an intermediate holdings company between DeltaCom and EarthLink Holdings in the corporate ownership chain. Page 4 of 7

ITC-T/C-20140721-00220 E EarthLink Business, LLC Transfer of Control Grant of Authority Date of Action: 08/06/2014 Current Licensee: EarthLink Business, LLC FROM: EarthLink, LLC TO: EarthLink Holdings Corp. Notification filed July 21, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20020514-00229, held by EarthLink Business LLC, from EarthLink LLC to its direct parent, EarthLink Holdings Corp., effective June 30, 2014. In a corporate restructuring, EarthLink LLC was removed as an intermediate holdings company between EarthLink Business and EarthLink Holdings in the corporate ownership chain. ITC-T/C-20140721-00221 E EarthLink Carrier, LLC Transfer of Control Grant of Authority Date of Action: 08/06/2014 Current Licensee: EarthLink Carrier, LLC FROM: EarthLink, LLC TO: EarthLink Holdings Corp. Notification filed July 21, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20070427-00165, held by EarthLink Carrier LLC, from EarthLink LLC to its direct parent, EarthLink Holdings Corp., effective June 30, 2014. In a corporate restructuring, EarthLink LLC was removed as an intermediate holdings company between EarthLink Carrier and EarthLink Holdings in the corporate ownership chain. ITC-T/C-20140731-00230 E 89Degree Networks LLC Transfer of Control Grant of Authority Date of Action: 08/06/2014 Current Licensee: 89Degree Networks LLC FROM: Polar Star Consulting, LLC TO: Elaina M Mangione Notification filed July 31, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20120514-00127, held by 89 Degree Networks LLC (89 Degree Networks), effective April 1, 2014. The ownership interests in 89 Degree Networks was distributed from its then immediate parent Polar Star Consulting LLC (Polar Star), to the four members of Polar Star in accordance with their percentage ownership interests: Elaina M. Mangione (51%), Robert Crinks (24%), John Sherrard (10%), and Wesley Kaplow (15%). 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


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Document Modified: 2014-08-06 16:02:42
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