Public Notice TEL01691

International Telecommunications

Action Taken Public Notice

2014-09-18

FCC.report > IB > Public Notices > TEL01691

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. 14-1351 Report No. TEL-01691 Thursday September 18, 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-214-20130726-00202 E First Technology Development, 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: 09/05/2014 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 September 5, 2014, by the Department of Justice (DOJ). Accordingly, we condition grant of this international section 214 authority on compliance by First Technology Development, Inc. with the commitments and undertakings set forth in the August 25, 2014 letter from Mahreen Nasir, Director, First Technology Development, 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-214-20130726-00202 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 6

ITC-214-20140210-00040 E Yatango Mobile USA 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: 09/11/2014 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 September 11, 2014, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 authority on compliance by Yatango Mobile USA LLC with the commitments and undertakings set forth in the September 10, 2014 letter from John Wilkinson, CFO, Yatango Mobile 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-214-20140210-00040 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20140306-00062 E VoxVision, 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: 09/10/2014 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 September 10, 2014, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 authority on compliance by VoxVision, Inc. with the commitments and undertakings set forth in the August 26, 2014 letter from Jesse Cavalcante, VoxVision, 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-214-20140306-00062 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20140310-00092 E KOL TELECOM 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: 09/10/2014 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 September 10, 2014, by the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 authority on compliance by KOL TELECOM SERVICES with the commitments and undertakings set forth in the August 25, 2014 letter from Sunil Daniel Charly, Director, KOL TELECOM SERVICES, 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-214-20140310-00092 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20140408-00126 E Thales USA Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/17/2014 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). Page 2 of 6

ITC-214-20140806-00233 E Stream Communications LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/12/2014 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-214-20140815-00238 E Carrier Exchange, 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: 09/12/2014 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-214-20140818-00251 E 2600hz 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: 09/12/2014 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-20140731-00227 E BCN Telecom Inc Assignment Grant of Authority Date of Action: 09/12/2014 Current Licensee: AMI Communications, Inc. FROM: AMI Communications, Inc. TO: BCN Telecom Inc Application filed for consent to the assignment of certain assets of AMI Communications, Inc. (AMI) to BCN Telecom, Inc. (BCN). Pursuant to the terms of an Asset Purchase Agreement, executed on June 1, 2014, BCN will acquire all assets related to and comprising the customer base of AMI. Specifically, BCN will acquire AMI's customer base and contractual and other rights with respect to customer accounts that constitutes its business, including customer base deposits or prepayments, all supporting documentation and customer base account information and files, all agreement and arrangements with customer base suppliers including customer letter of authorizations and customer service term agreements, all Post Start Date Accounts Receivables, all cash, including cash deposits and cash collateral, marketable securities and other cash equivalents, relating to and arising out of the operation of the business of AMI after the start date except for cash attributable to Pre-Start Date Accounts Receivable, and assumed contracts of seller. BCN will not acquire AMI's international section 214 authorization - ITC-214-19940215-00074. Upon closing, BCN will provide services to its newly acquired customers pursuant to its existing international section 214 authorizations, ITC-214-19951228-00061 and ITC-214-19960529-00214. BCN is wholly owned by Telecom Acquisition Company, LLC (TAC), a NJ limited liability holding company. The following U.S. entity and individual hold 10 percent or greater equity and voting interest in TAC: Richard M. Boudria Family Trust (67.1%) (trustee: Joseph Michael IV, U.S. citizen; beneficiary: Boudria Family Partnership, LTD (managing director: Richard M. Boudria,Jr., general partner; limited partners: Richard Boudria Jr., George Boudria, Kathrine Boudria, and Kathleen Boudria)); and, George F. Burns. Jr. (15%). No other entity or individual will hold a 10 percent or greater ownership interest in BCN. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20140816-00247 E Vanco US, LLC Transfer of Control Grant of Authority Date of Action: 09/17/2014 Current Licensee: Vanco US, LLC FROM: Reliance Globalcom BV TO: GCX Limited Notification filed August 16, 2014 of the pro forma transfer of control of international section 214 authorization, ITC-214-20070703-00262, held by Vanco US LLC, from Reliance Globalcom BV (RGBV) to GCX Limited (GCX), effective July 17, 2014. In a reorganization of the Reliance Communications Limited (RCOM) corporate structure, Global Cloud Xchange Limited and GCX, both Bermuda entities, were inserted into the corporate structure between RGBV and FLAG Telecom Group Services Limited (FLAG), the indirect 100% parent of Vanco US. RGBV, Global Cloud Xchange, GCX, FLAG and Vanco US are all wholly-owned subsidiaries of RCOM. Page 3 of 6

ITC-T/C-20140816-00248 E Reliance Globalcom Services, Inc. Transfer of Control Grant of Authority Date of Action: 09/17/2014 Current Licensee: Reliance Globalcom Services, Inc. FROM: Reliance Globalcom BV TO: GCX Limited Notification filed August 16, 2014 of the pro forma transfer of control of international section 214 authorization, ITC-214-20031104-00505, held by Reliance Globalcon Services Inc. (RGSI), from Reliance Globalcom BV (RGBV) to GCX Limited (GCX), effective July 17, 2014. In a reorganization of the Reliance Communications Limited (RCOM) corporate structure, Global Cloud Xchange Limited and GCX, both Bermuda entities, were inserted into the corporate structure between RGBV and FLAG Telecom Group Services Limited (FLAG), the indirect 100% parent of Vanco US. RGBV, Global Cloud Xchange, GCX, FLAG and RGSI are all wholly-owned subsidiaries of RCOM. ITC-T/C-20140816-00249 E Vanco Solutions, Inc. Transfer of Control Grant of Authority Date of Action: 09/17/2014 Current Licensee: Vanco Solutions, Inc. FROM: Reliance Globalcom BV TO: GCX Limited Notification filed August 16, 2014 of the pro forma transfer of control of international section 214 authorization, ITC-214-20070703-00260, held by Vanco Solutions Inc., from Reliance Globalcom BV (RGBV) to GCX Limited (GCX), effective July 17, 2014. In a reorganization of the Reliance Communications Limited (RCOM) corporate structure, Global Cloud Xchange Limited and GCX, both Bermuda entities, were inserted into the corporate structure between RGBV and FLAG Telecom Group Services Limited (FLAG), the indirect 100% parent of Vanco US. RGBV, Global Cloud Xchange, GCX, FLAG and Vanco Solutions are all wholly-owned subsidiaries of RCOM. ITC-T/C-20140816-00250 E Reliance Communications, Inc. Transfer of Control Grant of Authority Date of Action: 09/17/2014 Current Licensee: Reliance Communications Inc FROM: Yipes Holdings, Inc. TO: Reliance Globalcom BV Notification filed August 16, 2014 of the pro forma transfer of control of international section 214 authorization, ITC-214-20021107-00535, held by Reliance Communications Inc. (RCI), from Yipes Holdings Inc. (Yipes) to Reliance Globalcom BV (RGBV), effective July 17, 2014. RCI is a direct, wholly-owned subsidiary of Reliance Infocom, Inc. (RII) and an indirect, wholly-owned subsidiary of RGBV, which is a wholly-owned subsidiary of Reliance Communications Limited (RCOM). In a reorganization of the corporate structure of RCOM, FLAG Telecom Group Services Limited (FLAG) and Yipes were removed as intermediate owners of RII and RCI. RII is now a direct wholly-owned subsidiary of RGBV and RCI remains an indirect wholly-owned subsidiary of RBGV. ITC-T/C-20140820-00252 E NTI TALK INC. Transfer of Control Grant of Authority Date of Action: 09/12/2014 Current Licensee: NTI TALK INC. FROM: Kawthar Rabie TO: Noor Rabie Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20110823-00281, held by NTI Talk, Inc. (NTI Talk) from Kawthar Rabie to Noor Rabie. Noor Rabie, a U.S. citizen, will acquire 100 percent of the equity interests of NTI Talk from Kawthar Rabie. This authorization is without prejudice to the Commission's action in any other related pending proceedings. 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


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Document Modified: 2014-09-17 16:28:16
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