Public Notice TEL01718

International Telecommunications

Action Taken Public Notice

2015-03-05

FCC.report > IB > Public Notices > TEL01718

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. 15-292 Report No. TEL-01718 Thursday March 5, 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-214-20140522-00160 E AMERICA NET COMMUNICATION 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: 02/20/2015 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 February 20, 2015, by the Federal Bureau of Investigation, Department of Justice. Accordingly, we condition grant of this international section 214 authorization on compliance by America Net Communications, LLC, with the commitments and undertakings set forth in the January 23, 2015 letter from Oziel Souza, Country Manager, America Net Communications, LLC, to the 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-214-20140522-00160 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 6

ITC-214-20140826-00255 E Iron Bow Technologies, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/27/2015 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-214-20150122-00012 E Optivon International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/27/2015 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-214-20150127-00021 E Abdiwahab Rashid ( d/b/a Halaltel ) International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/27/2015 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-214-20150204-00027 E Cellular Properties, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/27/2015 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-214-20150209-00036 E Storm Mobile LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/27/2015 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-214-20150209-00037 E Solutions Express Ltd. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/27/2015 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-214-20150210-00035 E Amerimex Solutions, 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: 02/27/2015 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). Page 2 of 6

ITC-T/C-20150129-00022 E Inland Cellular Telephone Company Transfer of Control Grant of Authority Date of Action: 02/27/2015 Current Licensee: Inland Cellular Telephone Company FROM: Inland Cellular Telephone Company TO: Nathan R Weis Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20000731-00443, held by Inland Cellular Telephone Company (ICTC), from current shareholders to Nathan R. Weis (Weis). Pursuant to a stock purchase agreement, ICTC will buy back the shares held by all stockholders other than those held by Mr. Weis, a U.S. citizen, and the Weis Children Trust (the Trust), a U.S. trust. Thereafter the only shares of ICTC that will remain issued and outstanding will be held by Mr. Weis (69%), with a controlling interest, and the Weis Children Trust (31%). The Trust is established for the benefit of the two minor children of Mr. Weis. Rodney Jovanovich, a U.S. citizen is the trustee of the Weis' trust. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150204-00029 E BroadRiver Communication Corporation Transfer of Control Grant of Authority Date of Action: 02/27/2015 Current Licensee: BroadRiver Communication Corporation FROM: Michael Oken TO: Appia Communications, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20000504-00275, held by BroadRiver Communication Corporation (BCC), from its 100 percent owner Michael Owen, to Appia Communications, Inc. Pursuant to a stock purchase agreement, Appia will acquire all of the issued and outstanding shares of BCC from Mr. Owen. The following two individuals, both U.S. citizens, hold 10 percent or greater ownership interests in Appia: Victor von Schlegell (50%) and William Bollinger (20%). The remaining shares are owned by nine other shareholders none of whom hold 10 percent or greater interests in Appia. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150223-00053 E ANPI Business, LLC Transfer of Control Grant of Authority Date of Action: 03/04/2015 Current Licensee: ANPI Business, LLC FROM: e-Kong Group Limited TO: Distacom International Limited Notification filed February 23, 2015 of the pro forma transfer of control of international section 214 authorization, ITC-214-20000717-00403, held by ANPI Business, LLC (ANPI Business), from e-Kong Group Limited (e-Kong) to Distacom International Limited (Distacom), effective January 22, 2015. ANPI Business is a wholly-owned subsidiary of ANZ Communications LLC, which in turn is equally owned by Zone USA, Inc (Zone USA) and ANPI Holding, Inc. Zone USA was an indirect, wholly-owned subsidiary of e-Kong, a publicly traded Bermuda company in which Richard John Siemens (Mr. Siemens) holds a 24.6% controlling interest. Distacom International Limited (Distacom), a BVI holding company, is 100 percent owned by Mr. Siemens. Upon closing, e-Kong was eliminated from, and Distacom was inserted into, the ownership chain. Zone USA is now an indirect, wholly-owned of Distacom. ITC-T/C-20150223-00054 E ANPI, LLC Transfer of Control Grant of Authority Date of Action: 03/04/2015 Current Licensee: ANPI, LLC FROM: e-Kong Group Limited TO: Distacom International Limited Notification filed February 23, 2015 of the pro forma transfer of control of international section 214 authorization, ITC-214-19960209-00017, held by ANPI, LLC (ANPI), from e-Kong Group Limited (e-Kong) to Distacom International Limited (Distacom), effective January 22, 2015. ANPI is a wholly-owned subsidiary of ANZ Communications LLC, which in turn is equally owned by Zone USA, Inc (Zone USA) and ANPI Holding, Inc. Zone USA was an indirect, wholly-owned subsidiary of e-Kong, a publicly traded Bermuda company in which Richard John Siemens (Mr. Siemens) holds a 24.6% controlling interest. Distacom International Limited (Distacom), a BVI holding company, is 100 percent owned by Mr. Siemens. Upon closing, e-Kong was eliminated from, and Distacom was inserted into, the ownership chain. Zone USA is now an indirect, wholly-owned of Distacom. Page 3 of 6

ITC-T/C-20150223-00058 E Zone USA, Inc. Transfer of Control Grant of Authority Date of Action: 03/04/2015 Current Licensee: Zone USA, Inc. FROM: e-Kong Group Limited TO: Distacom International Limited Notification filed February 23, 2015 of the pro forma transfer of control of international section 214 authorization, ITC-214-19970311-00142, held by Zone USA, Inc. (Zone USA), from e-Kong Group Limited (e-Kong) to Distacom International Limited (Distacom), effective January 22, 2015. Zone USA was an indirect, wholly-owned subsidiary of e-Kong, a publicly traded Bermuda company in which Richard John Siemens (Mr. Siemens) holds a 24.6% controlling interest. Distacom International Limited (Distacom), a BVI holding company, is 100 percent owned by Mr. Siemens. Upon closing, e-Kong was eliminated from, and Distacom was inserted into, the ownership chain. Zone USA is now an indirect, wholly-owned of Distacom. ITC-T/C-20150226-00059 E The Alaska Wireless Network, LLC Transfer of Control Grant of Authority Date of Action: 03/04/2015 Current Licensee: The Alaska Wireless Network, LLC FROM: ACS Wireless, Inc. TO: GCI Communication Corp. Notification filed February 26, 2015, of the pro forma transfer of control of international section 214 authorization, ITC-214-20120618-00162, held by The Alaska Wireless Network, LLC (AWN), from ACS Wireless, Inc. (AWI) to GCI Communication Corp. (GCICC), effective February 2, 2015. Prior to consummation, AWN was jointly owned by GCICC (66.66%) and ACS (33.33%). Pursuant to the terms of a Purchase and Sale agreement executed on December 4, 2014, ACS transferred its 33.33% interest in AWN to GCICC. Upon consummation, GCICC now holds 100 percent indirect control of AWN. 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. (13) Carriers shall comply with the Communications Assistance for Law Enforcement Act (CALEA), see 47 C.F.R. §§ 1.20000 et seq. Page 5 of 6

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 6 of 6


Document Created: 2015-03-04 17:30:52
Document Modified: 2015-03-04 17:30:52
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