Public Notice TEL01712

International Telecommunications

Action Taken Public Notice

2015-01-22

FCC.report > IB > Public Notices > TEL01712

12 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. 15-82 Report No. TEL-01712 Thursday January 22, 2015 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-214-20140305-00048 E US Voicecom 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: 01/13/2015 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 January 13, 2015, 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 US Voicecom LLC, with the commitments and undertakings set forth in the December 23, 2014 letter from US Voicecom LLC, to the Assistant Attorney General, National Security Division, US Department of Justice (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-214-20140305-00048 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 7

ITC-214-20140409-00112 E One Allied Fund Corporation International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 01/14/2015 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 January 14, 2015, by the Department of Justice (DOJ), including the Federal Bureau of Investigation (FBI), with concurrence of the Department of Homeland Security (DHS) and the U.S. Department of Defense (DOD). Accordingly, we condition grant of this international section 214 authorization on compliance by One Allied Fund Corporation, with the commitments and undertakings set forth in the December 15, 2014 letter from Angel Meza, President, One Allied Fund Corporation, to the Deputy General Counsel, Federal Bureau of Investigation (FBI) (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-214-20140409-00112 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20141031-00293 E Artisan Infrastructure Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 01/14/2015 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-214-20141118-00303 E HunTel Communications 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: 01/16/2015 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-214-20141218-00327 E Telwave, 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: 01/16/2015 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-214-20141222-00326 E Phonata 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: 01/16/2015 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-20150108-00002 E Yeoman Telephone Company Inc. Assignment Grant of Authority Date of Action: 01/21/2015 Current Licensee: Yeoman Communications Co. FROM: Yeoman Communications Co. TO: Yeoman Telephone Company Inc. Notification filed January 8, 2015, of the pro forma assignment of international section 214 authorization, ITC-214-20070831-00353, held by Yeoman Communications Co. (YCC) to Yeoman Telephone Company Inc. (YTCI), effective January 1, 2015. In a corporate restructuring, YCC was merged into its 100% parent, YTCI, with YTCI being the surviving entity. Page 2 of 7

ITC-ASG-20150112-00009 E Inmarsat Mobile Networks, Inc. Assignment Grant of Authority Date of Action: 01/21/2015 Current Licensee: Inmarsat Hawaii Inc. FROM: Inmarsat Hawaii Inc. TO: Inmarsat Mobile Networks, Inc. Notification filed January 12, 2015, of the pro forma assignment of international section 214 authorization, ITC-214-20090501-00194, held by Inmarsat Hawaii Inc. (Inmarsat Hawaii) to Inmarsat Mobile Networks, Inc. (IMN), effective December 31, 2014. In a corporate restructuring, Inmarsat Hawaii was merged into IMN, with IMN being the surviving entity. Inmarsat Hawaii was, and IMN remains, an indirect, wholly-owned subsidiary of Imarsat plc. ITC-T/C-20140820-00242 E Hibernia Atlantic U.S. LLC Transfer of Control Grant of Authority Date of Action: 01/12/2015 Current Licensee: Hibernia Atlantic U.S. LLC FROM: Columbia Ventures Corporation TO: Murosa Development S.A R.L. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20090612-00283, held by Hibernia Atlantic U.S., LLC (HB Atlantic), from Columbia Ventures Corporation (CVC) to Murosa Development S.A.R.L. (Murosa). HB Atlantic, a Washington state corporation, is a direct, wholly-owned subsidiary of Hibernia NGS Limited (Hibernia NGS), an Irish company. Pursuant to the terms of an Investment Agreement and a Shareholder Agreement, dated July 17, 2014, Murosa, a Luxembourg company, proposes to acquire a direct controlling interest in Hibernia NGS, and thus HB Atlantic, through a three stage transaction. Murosa is a wholly-owned subsidiary of KCK-FHN, Ltd. (KCK-FHN), a Cayman Islands company, which in turn is a wholly-owned subsidiary of KCK, Limited (KCK), a British Virgin Islands company. In Stage One, on July 17, 2014, Murosa acquired a 27.9% interest in Hibernia NGS. CVC, a Washington state corporation, has a 60.1% controlling interest in Hibernia NGS, and CVC III Hibernia Blocker, Inc. (CV Hibernia), a Delaware investment company, has a 12% interest. In Stage Two, CVC Hibernia's direct ownership interest in Hibernia NGS will be transferred to Murosa and CVC Hibernia will take an ownership interest in Murosa. Depending on how the debt is financed, CV Hibernia will hold either a 24.5% or 29.1% interest in Murosa, and KCK-FHN will hold the remaining interest of either 75.5% or 70.1% in Murosa. Murosa will hold no more than a 40% interest in Hibernia NGS and CVC will continue to control Hibernia NGS. In Stage Three, Murosa will increase its ownership in Hibernia NGS to a controlling interest. Specifically, at the end of Stage Three Murosa will hold a 51% interest in Hibernia NGS and CVC will have a 49% non-controlling interest in Hibernia NGS. At the end of Stage Three, the following individuals and entities will have a ten percent or greater direct or indirect interest in Hibernia NGS and HB Atlantic. CVC will have a 49% interest in Hibernia NGS. CVC is 100% owned by Mr. Kenneth Peterson, a U.S. citizen. Murosa will hold a 51% interest in Hibernia NGS. CV Hibernia will hold either a 24.5% or 29.1% interest in Murosa. Constellation Venture Capital III, L.P. has a 67% interest in CVC Hibernia.. KCK-FHN will hold the remaining interest of either 75.5% or 70.1% in Murosa. KCK-FHN is wholly-owned by KCK. KCK is owned by five members of the Clin/Karim Kassar family. Specifically, Jean Francois Clin, a French citizen, has a 42.5% interest in KCK; Radwan Karim Kassar, a Lebanese and French citizen, has a 21.25% interest; Annabel Karim Kassar, a Lebanese and French citizen, has a 21.25% interest; Nael Karim Kassar, a Lebanese and French citizen, has a 10% interest; and, Kamal Karim Kassar, a Lebanese and French citizen, has a 5% interest in KCK. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 19, 2014, by the Department of Homeland Security (DHS), on behalf of the Department of Justice (DOJ) and the Department of Defense (DOD). Accordingly, we condition grant of this Application on Hibernia NGS Limited and KCK Limited abiding by (1) the commitments and undertakings set forth in the December 15, 2104 letter from Bjarni K. Thovardarson, Director and Chief Executive Officer, Hibernia NGS Limited and Nael Karim Kassar, Director, KCK Limited, to the Assistant Secretary, Office of Policy, DHS, the Acting Department of Defense Chief Information Officer, DOD, and the Assistant Attorney General, National Security Division, DOJ (2014 Letter); and, (2) the commitments and undertakings set forth in the September 30, 2010 letter from Bjarni K. Thovardarson, Chief Executive Officer and Director, Hibernia Group EHF, to the Assistant Secretary, Office of Policy, DHS, the Assistant Secretary of Defense for Netwoorks NII (Acting), DOD, the General Counsel, Defense Infomration Systems Agency, and and the Assistant Attorney General, National Security Division, DOJ (2010 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 underlying international section 214 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, the 2014 Letter and the 2010 Letter may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20140820-00242 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. Page 3 of 7

ITC-T/C-20140820-00244 E Hibernia Media LLC Transfer of Control Grant of Authority Date of Action: 01/12/2015 Current Licensee: Hibernia Media LLC FROM: Hibernia NGS Limited TO: Murosa Development S.A R.L. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20100303-00093, held by Hibernia Media LLC (HB Media), from Columbia Ventures Corporation (CVC) to Murosa Development S.A.R.L. (Murosa). HB Media, a Delaware limited liability company, is a direct, wholly-owned subsidiary of Hibernia NGS Limited (Hibernia NGS), an Irish company. Pursuant to the terms of an Investment Agreement and a Shareholder Agreement, dated July 17, 2014, Murosa, a Luxembourg company, proposes to acquire a direct controlling interest in Hibernia NGS, and thus HB Media, through a three stage transaction. Murosa is a wholly-owned subsidiary of KCK-FHN, Ltd. (KCK-FHN), a Cayman Islands company, which in turn is a wholly-owned subsidiary of KCK, Limited (KCK), a British Virgin Islands company. In Stage One, on July 17, 2014, Murosa acquired a 27.9% interest in Hibernia NGS. CVC, a Washington state corporation, has a 60.1% controlling interest in Hibernia NGS, and CVC III Hibernia Blocker, Inc. (CV Hibernia), a Delaware investment company, has a 12% interest. In Stage Two, CVC Hibernia's direct ownership interest in Hibernia NGS will be transferred to Murosa and CVC Hibernia will take an ownership interest in Murosa. Depending on how the debt is financed, CV Hibernia will hold either a 24.5% or 29.1% interest in Murosa, and KCK-FHN will hold the remaining interest of either 75.5% or 70.1% in Murosa. Murosa will hold no more than a 40% interest in Hibernia NGS and CVC will continue to control Hibernia NGS. In Stage Three, Murosa will increase its ownership in Hibernia NGS to a controlling interest. Specifically, at the end of Stage Three Murosa will hold a 51% interest in Hibernia NGS and CVC will have a 49% non-controlling interest in Hibernia NGS. At the end of Stage Three, the following individuals and entities will have a ten percent or greater direct or indirect interest in Hibernia NGS and HB Media. CVC will have a 49% interest in Hibernia NGS. CVC is 100% owned by Mr. Kenneth Peterson, a U.S. citizen. Murosa will hold a 51% interest in Hibernia NGS. CV Hibernia will hold either a 24.5% or 29.1% interest in Murosa. Constellation Venture Capital III, L.P. has a 67% interest in CVC Hibernia. KCK-FHN will hold the remaining interest of either 75.5% or 70.1% in Murosa. KCK-FHN is wholly-owned by KCK. KCK is owned by five members of the Clin/Karim Kassar family. Specifically, Jean Francois Clin, a French citizen, has a 42.5% interest in KCK; Radwan Karim Kassar, a Lebanese and French citizen, has a 21.25% interest; Annabel Karim Kassar, a Lebanese and French citizen, has a 21.25% interest; Nael Karim Kassar, a Lebanese and French citizen, has a 10% interest; and, Kamal Karim Kassar, a Lebanese and French citizen, has a 5% interest in KCK. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 19, 2014, by the Department of Homeland Security (DHS), on behalf of the Department of Justice (DOJ) and the Department of Defense (DOD). Accordingly, we condition grant of this Application on Hibernia NGS Limited and KCK Limited abiding by (1) the commitments and undertakings set forth in the December 15, 2104 letter from Bjarni K. Thovardarson, Director and Chief Executive Officer, Hibernia NGS Limited and Nael Karim Kassar, Director, KCK Limited, to the Assistant Secretary, Office of Policy, DHS, the Acting Department of Defense Chief Information Officer, DOD, and the Assistant Attorney General, National Security Division, DOJ (2014 Letter); and, (2) the commitments and undertakings set forth in the September 30, 2010 letter from Bjarni K. Thovardarson, Chief Executive Officer and Director, Hibernia Group EHF, to the Assistant Secretary, Office of Policy, DHS, the Assistant Secretary of Defense for Netwoorks NII (Acting), DOD, the General Counsel, Defense Infomration Systems Agency, and and the Assistant Attorney General, National Security Division, DOJ (2010 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 underlying international section 214 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, the 2014 Letter and the 2010 Letter may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20140820-00244 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-20150107-00003 E Syniverse Technologies, LLC Transfer of Control Grant of Authority Date of Action: 01/21/2015 Current Licensee: Syniverse Technologies, LLC FROM: Buccaneer Holdings, Inc. TO: Syniverse Corporation Notification filed January 7, 2015, of the pro forma transfer of control of international section 214 authorization, ITC-214-20050420-00154, held by Syniverse Technologies, LLC (Syniverse Technologies), from Buccaneer Holdings, Inc. (Buccaneer Inc.) to Syniverse Corporation (Syniverse), effective March 26, 2014. Syniverse Technologies was an indirect wholly-owned subsidiary of Buccaneer. In a corporate reorganization, Syniverse was inserted into the corporate chain as an intermediate holding above Buccaneer Inc. Syniverse then created Buccaneer Holdings, LLC (Buccaneer LLC) as a wholly-owned subsidiary. Buccaneer Inc. was then merged into Buccaneer LLC with Buccaneer LLC being the surviving entity. Syniverse Technologies is now an indirect wholly-owned subsidiary of Buccaneer LCC and Syniverse. Carlyle Partners V, L.P. had an 85% ownership interest in Buccaneer Inc. and now has an 85% interest in Syniverse. Page 4 of 7

INFORMATIVE ITC-214-20140128-00033 Riva FZC By letter dated October 9, 2014, the Commission was notified that Talk. to FZC has changed its name to Riva FZC. 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. (13) C i h ll l ih h C i i APage i 6 off 7L E f A (CALEA) 47 C F R §§

(13) Carriers shall comply with the Communications Assistance for Law Enforcement Act (CALEA), see 47 C.F.R. §§ 1.20000 et seq. (14) Every carrier must designate an agent for service in the District of Columbia. See 47 U.S.C. § 413, 47 C.F.R. §§ 1.47(h), 64.1195. 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: 2015-01-21 17:25:59
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