Public Notice TEL01689

International Telecommunications

Action Taken Public Notice

2014-09-04

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14 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. 14-1278 Report No. TEL-01689 Thursday September 4, 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-214-20130426-00122 E 3GTY,INC. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/25/2014 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on August 25, 2014, by the Department of Justice (DOJ). Accordingly, we condition grant of this international section 214 authorization on compliance by 3GTY, INC. with the commitments and undertakings set forth in the August 4, 2014 letter from Wenjun Yang, CEO, 3GTY, 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-214-20130426-00122 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 6

ITC-214-20140523-00163 E ZABTEL LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/29/2014 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-214-20140630-00184 E Salish Networks, Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/29/2014 Application to provide International Global or Limited Global Resale Authority to all international points ITC-214-20140709-00203 E ICD 365 Inc. International Telecommunications Certificate Service(s): Individual Facilities-Based Service Grant of Authority Date of Action: 08/29/2014 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-214-20140724-00224 E USA China Network Corp. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/29/2014 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-214-20140801-00231 E Promedia Technology Services, Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/29/2014 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-214-20140806-00232 E SeniorTech LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/29/2014 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 2 of 6

ITC-T/C-20140721-00218 E Goldfield Communications Service Corp. Transfer of Control Grant of Authority Date of Action: 08/29/2014 Current Licensee: Goldfield Communications Service Corp. FROM: Goldfield Telephone Co Inc TO: BYC Investments, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970811-00481, held by Goldfield Communications Services, Corp. (GCSC), a wholly-owned subsidiary of Goldfield Telephone Co., Inc. (GTCI), from current shareholders of GTCI, to BYC Investments, LLC (BYC). Pursuant to the terms of an agreement executed between the parties, BYC will acquire all outstanding stock of GTCI from its current shareholders and, upon closing GCSC will become a wholly-owned indirect subsidiary of BYC. BYC is owned equally by: Communications 1 Network, Inc. (C1NI) (33.33% equity & voting); Schaller Telephone Company (STC) (33.33% equity & voting); Webster-Calhoun Cooperative Telephone Association (WCCTA) (33.33% equity & voting). The following Iowa investment trusts will hold at least 10% of the equity and voting interests in C1NI: William R. Johnson 2012 Exempt Trust (Wayne Reames, trustee) (31.65%); Mary L. Johnson 2009 Marital Trust (c/o First Citizens Trust and Investments) (24.08%); Mary L. Johnson 2013 Exempt Trust (c/o First Citizens National Bank) (12.55%); William R. Johnson 2009 Revocable Trust (William R. Johnson, trustee) (5.20%). The beneficiaries of all four trusts are William R. and Mary L. Johnson's three children: Susan Weigenant, Melanie Steinkamp, and Sally Manzano, all U.S. citizens. No other entity or individual holds a 10 percent or greater ownership interest in C1NI. The following entity and individuals hold 10 percent or greater equity and voting interests in STC: Stevens S. Reimers Family Trust (JoAnn Reimers, trustee and spouse of Stevens S. Reimers), a Iowa trust (49%); Melissa Kestel, a U.S. citizen (37%); JoAnn Reimers, a U.S. citizen (14%). The beneficiaries of the Steven S. Reimers Family Trust are his children Melissa Kestel (mother JoAnn Reimers) and Matthew Reimers, both U.S. citizens. No other entity or individual holds a 10 percent or greater ownership interests in STC. WCCTA is a telephone cooperative and none of its members holds a 10 percent or greater direct or indirect ownership interest in WCCTA. No other entity or individual will hold a 10 percent or greater ownership interest in GCSC after closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20140721-00223 E Benchmark Communications, LLC d/b/a Com One Transfer of Control Grant of Authority Date of Action: 08/29/2014 Current Licensee: Benchmark Communications, LLC d/b/a Com One FROM: TDMM CABLE FUNDING, LLC TO: Hunt Telecommunications, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20041005-00393, held by Benchmark LLC d/b/a Com One (Benchmark), from its 100 percent parent TDMM Cable Funding, LLC (TDMM), through William J. Brown, in his capacity as Receiver, to Hunt Telecommunications, LLC (Hunt). On April 20, 2010, William J. Brown, Esq. was appointed temporary receiver by the U.S. District Court for the N. District of New York (Case No. 1:10-CV-0057-GLS-CFH), for both TDMM and Benchmark. The receivership was made permanent by a Preliminary Injunction Order entered June 22, 2011 (Docket No. 96). An agreement for purchase of the entire LLC interests of Benchmark from TDMM was entered into as of November 12, 2013 by Hunt, and an Order approving Motion of William J. Brown, as receiver, for an Order Approving Purchase Agreement with Hunt was filed in Case No. 1:10-C-457 on November 25, 2013 (Docket No. 649), thereby approving the sale of the membership interests of Benchmark to Hunt. Pursuant to the terms of the agreement, Hunt will acquire 100 percent of the issued and outstanding membership interests in Benchmark from transferors, and become the 100 percent corporate parent of Benchmark. The following four individuals, all U.S. citizens, hold 10 percent or greater direct membership interests in Hunt: Kevin Hunt (24%), Jason Hunt (24%), Robert Leithman (17.33%), and Madeleine G. Leithman (14.70%). No other entity or individual holds a 10 percent or greater direct or indirect membership interest in Hunt. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

ITC-T/C-20140723-00222 E DFT Local Service Corporation Transfer of Control Grant of Authority Date of Action: 08/29/2014 Current Licensee: DFT Local Service Corporation FROM: Brighton Communications Corporation TO: Brick Skirt Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20000420-00234, held by DFT Local Service Corporation (DFT Local), from its 100% indirect parent, Brighton Communications Corporation (Brighton), to Brick Skirt Holdings, Inc. (Brick Skirt). DFT Local is a wholly-owned subsidiary of DFT Communications Corporation (DFT Communications), which in turn is a wholly-owned subsidiary of Brighton. Brick Skirt will purchase all of the issued and outstanding stock of DFT Communications from Brighton. Upon closing, DFT Communications and DFT Local will be direct and indirect wholly-owned subsidiaries of Brick Skirt, respectively. Brick Skirt is owned by the following four individuals, all U.S. citizens: Robert A. Maytum (50%), Mark R. Maytum (16.66%), Kurt W. Maytum (16.66%), Sheri Stoltenburg (16.66%). Robert A. Maytum is the father of Mark R. and Kurt W. Maytum, and the uncle of Sheri Maytum. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Dismissal ITC-214-20140508-00152 Mobal Communications INC By letter filed August 27, 2014, Applicant notified the Commission of the withdrawal of its international section 214 application. INFORMATIVE ITC-214-20000927-00570 tw telecom holdings inc. By letter dated September 2, 2014, Applicant notified the Commission that tw telecom of alabama llc will be discontinuing its Analog PBX Trunk, Business Line, Business Terminal, Channel 12, Complete Lines/Trunk (a/k/a Complete Lines DO0), Complete Xpress, VersiPak Flix T, VersiPak Power T, VersiPak IPRI, VersiPak Lines, and Trunks, VersiPak Mach2, and itsVersiPak Mach3 services in the Mobile, Alabama metropolitan area effective December 10, 2014. ITC-214-20090123-00027 Flowroute Inc. By letter dated August 6, 2014, the Commission was notified that Flowroute LLC has changed its name to Flowroute Inc. effective August 1, 2014. ITC-214-20130416-00106 ITC GLOBAL NETWORKS LLC By letter dated September 2, 2014, Applicant notified the Commission that ITC Global Networks, LLC will be discontinuing its international non-dominant prepaid calling service effective December 31, 2014. Page 4 of 6

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: 2014-09-03 16:20:32
Document Modified: 2014-09-03 16:20:32
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