Public Notice TEL01700

International Telecommunications

Action Taken Public Notice

2014-11-13

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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. 14-1645 Report No. TEL-01700 Thursday November 13, 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-214-20130711-00352 E BlackWire Consulting Group LP International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 11/07/2014 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-214-20140825-00256 E B47 Consulting International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service, Individual Non-Interconnected Private Line Resale Service Grant of Authority Date of Action: 11/07/2014 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 5

ITC-214-20141016-00281 E Bluegrass Cellular, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/07/2014 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-214-20141016-00282 E Bluegrass Wireless LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/07/2014 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-214-20141022-00280 E Talk America Services, 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: 11/07/2014 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-20141024-00285 E Blackfoot Communications, Inc. Assignment Grant of Authority Date of Action: 11/12/2014 Current Licensee: Fretel Communications, LLC FROM: Fretel Communications, LLC TO: Blackfoot Communications, Inc. Notification filed October 24, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-19990125-00037, from Fretel Communications, LLC (Fretel) to Blackfoot Communications, Inc. (BCI), effective October 1, 2014. In a corporate reorganization, Fretel merged into BCI, with BCI emerging as the surviving entity. Fretel was, and BCI continues to be wholly-owned subsidiaries of BTC Holdings, Inc. ITC-MOD-20140923-00276 P Global Caribbean Network Modification Grant of Authority Date of Action: 11/12/2014 Request of Global Caribbean Network to modify international section 214 authorization, ITC-214-20050621-00231, held by Global Caribbean Network, to add a condition on the authorization. Global Caribbean Network, together with its parent companies Global Caribbean Fiber SAS and Auto-Guadeloupe Investissement, S.A. (collectively, the Loret Companies), entered into a Network Security Agreement (NSA) with the Department of Homeland Security and the Department of Justice effective September 8, 2014. GCN requests that the Commission condition its international section 214 authorizations on compliance with the NSA. Accordingly, we hereby modify international section 214 authorization, ITC-214-20050621-00231, to condition it upon compliance by the Loret Companies with the NSA. A failure to comply and/or remain in compliance with any the commitments and undertakings set forth in the NSA 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 authorizations may also result in monetary sanctions or other enforcement action by the Commission. A copy of the NSA is publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-MOD-20140923-00276 and accessing "Other filings related to this application" from the Document Viewing area. Page 2 of 5

ITC-MOD-20140923-00277 P Global Caribbean Network Modification Grant of Authority Date of Action: 11/12/2014 Request of Global Caribbean Network to modify international section 214 authorization, ITC-214-20050623-00237, held by Global Caribbean Network, to add a condition on the authorization. Global Caribbean Network, together with its parent companies Global Caribbean Fiber SAS and Auto-Guadeloupe Investissement, S.A. (collectively, the Loret Companies), entered into a Network Security Agreement (NSA) with the Department of Homeland Security and the Department of Justice effective September 8, 2014. GCN requests that the Commission condition its international section 214 authorizations on compliance with the NSA. Accordingly, we hereby modify international section 214 authorization, ITC-214-20050623-00237, to condition it upon compliance by the Loret Companies with the NSA. A failure to comply and/or remain in compliance with any the commitments and undertakings set forth in the NSA 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. A copy of the NSA is publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-MOD-20140923-00277 and accessing "Other filings related to this application" from the Document Viewing area. ITC-T/C-20141001-00273 E Blue Rooster Telecom, Inc. Transfer of Control Grant of Authority Date of Action: 11/03/2014 Current Licensee: Blue Rooster Telecom, Inc. FROM: Blue Rooster Telecom, Inc. TO: Norcast CommunicationsCorporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20100317-00112, held by Blue Rooster Telecom, Inc. (Blue Rooster), to Norcast Communications Corporation (Norcast). Norcast will acquire all of the issued and outstanding stock of Blue Rooster. Upon closing, Blue Rooster will be a wholly-owned subsidiary of Norcast. Upon consummation, Norcast will be owned by the following entities and individuals, all U.S. citizens: (1) Michael Gayaldo (equity 45%, voting stock interest 50.05%); (2) The Jacqueline Louise Johnston Living Trust (revocable) (equity 18%, voting stock 17%) (trustees: Jacqueline Louise Johnston who is the sole vested beneficiary of the trust, and Maria Louise Johnston); (3) Jeffrey C. Buckingham Family Trust (revocable) (equity 12%, voting stock 14%) (trustees: Jeffrey C Bockingham and Joan Buckingham are the sole beneficiaries and hold undivided interests in the entire trust); (4) Russ and Cheryl Lovell Family Trust (revocable) (equity 12%, voting stock 14%) (trustees: Russ Lovell and Cheryl Lovell are the sole beneficiaries and hold undivided interests in the entire trust). No other individuals or entities will have a 10 percent or greater direct or indirect equity or voting interest in Norcast or Blue Rooster. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-19960925-00466 SE Acquisitions, LLC By letter filed November 6, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-19980506-00299 Lightyear Network Solutions, LLC By letter filed November 6, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20001102-00665 Bell Aliant Regional Communications, Limited Partnership By letter filed November 3, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20050824-00344 Telesphere Networks Ltd. By letter filed November 7, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20081027-00479 Innovation Labs, LLC By letter filed October 15, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20090226-00105 Telesphere Networks Ltd. By letter filed November 7, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20100603-00225 Unison Communications, Inc. By letter filed October 24, 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. (13) Carriers shall comply with the Communications Assistance for Law Enforcement Act (CALEA), see 47 C.F.R. §§ 1.20000 et seq. Page 4 of 5

1.20000 et seq. 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: 2014-11-12 16:44:58
Document Modified: 2014-11-12 16:44:58
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