Public Notice TEL01735

International Telecommunications

Action Taken Public Notice

2015-05-28

FCC.report > IB > Public Notices > TEL01735

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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. 15-639 Report No. TEL-01735 Thursday May 28, 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)). 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-214-20150121-00011 E callmonitor llc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/15/2015 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-214-20150420-00096 E CoastCom, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/22/2015 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-214-20150422-00102 E Ingenuity Telecom llc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/22/2015 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). Page 1 of 5

ITC-ASG-20150428-00109 E Birch Communications, Inc. Assignment Grant of Authority Date of Action: 05/22/2015 Current Licensee: OrbitCom, Inc. FROM: OrbitCom, Inc. TO: Birch Communications, Inc. Application filed for consent to the assignment of assets held by OrbitCom, Inc. (OrbitCom) to Birch Communications, Inc. (Birch). Pursuant to the terms of an April 24, 2015, Asset Purchase Agreement, Birch will purchase certain assets from OrbitCom, including customer accounts and receivables, certain customer and vendor agreements and contracts, equipment, and certain intellectual property, but not including OrbitCom's international section 214 authorization, ITC-214-20060616-00320. The proposed transaction involves customers that currently receive services from OrbitCom in Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. The customers to be acquired from OrbitCom will receive services from Ionex Communications North, Inc. an indirect wholly-owned subsidiary of Birch, which provides international service under authority of international section 214 authorization, ITC-214-19990701-00441, held Birch Telecom, Inc., a direct wholly-owned subsidiary of Birch, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). Birch is wholly owned by Birch Communications Holdings, Inc. (Birch Holdings). The following two individuals, both U.S. citizens, hold 10 percent or greater direct or indirect ownership interests in Birch Holdings: Holcombe Green (53% equity and voting interest) and R. Kirby Godsey (Mr. Godsey) (21% equity and voting interest). Mr. Godsey holds his ownership percentage through his individual holdings and through the R. Kirby Godsey 2008 Grantor Retained Annuity Trust. No other individual or entity owns a ten percent or greater direct or indirect equity or voting interest in Birch Holdings. Grant of this application is without prejudice to Commission action in any other related proceedings. ITC-ASG-20150506-00118 E Oregon Farmers Mutual Long Distance, Inc. Debtor In Possession Assignment Grant of Authority Date of Action: 05/27/2015 Current Licensee: Oregon Farmers Mutual Long Distance, Inc. FROM: Oregon Farmers Mutual Long Distance, Inc. TO: Oregon Farmers Mutual Long Distance, Inc. Debtor In Possession Notification filed May 6, 2015, of the pro forma assignment of international section 214 authorization, ITC-214-19990825-00589, held by Oregon Farmers Mutual Long Distance, Inc. (OFMLD) to Oregon Farmers Mutual Long Distance, Inc. Debtor-in Possession (OFMLD DIP), effective April 6, 2015. OFMLD has filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (See Case 15-10730, United States Bankruptcy Court, Dist. of Delaware, filed April 6, 2015). OFMLD is now operating as a debtor-in-possession. ITC-T/C-20150427-00100 E TeleGuam Holdings, LLC Transfer of Control Grant of Authority Date of Action: 05/27/2015 Current Licensee: TeleGuam Holdings, LLC FROM: Advantage Partners, LLP TO: Advantage Partners, Inc. Notification filed April 27, 2015 of the pro forma transfer of control of international section 214 authorizations, ITC-214-20041117-00453 and ITC-214-20060202-00082, held by TeleGuam Holdings, LLC (TeleGuam), a direct wholly-owned subsidiary of AP TeleGuam Holdings, Inc., from Advantage Partners, LLP (APL), a Japanese limited liability company, to Advantage Partners, Inc. (API), a Japanese corporation, effective April 1, 2015. The pro forma transaction occurred when APL transferred its interests in its direct subsidiaries, AP IV GP Co., Ltd, and AP5 Co. Ltd, both Japanese entities, to API, that is in turn wholly owned by Advantage Partners, Ltd. (AP Ltd), a Hong Kong limited company. Upon closing, APL was removed from, and API and its direct owner AP Ltd were inserted in, the ownership chain. Prior to closing, the ultimate owners Richard L. Folsom, a U.S. citizen, and Taisuke Sasanuma, a Japanese citizen, each held 43.4% equity interest in APL, and after closing, Messrs. Folsom and Sasanuma, each holds 43.4% direct and indirect equity interests in AP Ltd and API. Upon consummation, TeleGuam became a wholly-owned indirect subsidiary of AP Ltd and API. Page 2 of 5

ITC-T/C-20150430-00110 E Cricket Communications, LLC Transfer of Control Grant of Authority Date of Action: 05/27/2015 Current Licensee: Cricket Communications, LLC FROM: Cricket, Inc. TO: Cricket Wireless LLC Notification filed April 30, 2015, of the pro forma transfer of control of international section 214 authorization,, ITC-214-20100604-00227, held by Cricket Communications, LLC (Cricket Communications), from Cricket, Inc. (Cricket) to Cricket Wireless LLC (Cricket Wireless), effective March 31, 2015. In an internal restructuring, immediate ownership and control of Cricket Communications was transferred from Cricket to Cricket Wireless. Cricket Communications, Cricket and Cricket Wireless are all ultimately owned and controlled by AT&T Inc. ITC-T/C-20150501-00108 E SOFTBANK TELECOM AMERICA CORP. Transfer of Control Grant of Authority Date of Action: 05/27/2015 Current Licensee: SOFTBANK TELECOM AMERICA CORP. FROM: SOFTBANK Telecom Corp. TO: SoftBank Mobile Corp. Notification filed May 1, 2015, of the pro forma transfer of control of international section 214 authorizations, ITC-214-20040129-00035, ITC-214-19970804-00461, ITC-214-19970307-00139, held by SOFTBANK Telecom America Corp. (STAC), from SOFTBANK Telecom Corp. (STC) to SoftBank Mobile Corp. (SMC), effective April 1, 2015. In a corporate restructuring, STC merged with and into SMC, with SMC emerging as the surviving entity. STC was, and SMC remains, a wholly-owned subsidiary of SOFTBANK Corp., a Japanese entity. ITC-T/C-20150513-00123 E Gamma Acquisition L.L.C. Transfer of Control Grant of Authority Date of Action: 05/27/2015 Current Licensee: Gamma Acquisition L.L.C. FROM: DISH Network Corporation TO: DISH Wireless Holding L.L.C. Notification filed May 13, 2015, of the pro forma transfer of control of international section 214 authorizations, ITC-214-20100513-00194 and ITC-214-20100513-00195, held by Gamma Acquisition L.L.C. (Gamma), from DISH Network Corporation (DISH) to DISH Wireless Holding L.L.C. (DISH Wireless), effective May 1, 2014. In a corporate restructuring, DISH transferred control of Gamma to DISH Wireless, a wholly-owned subsidiary of DISH. 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://transition.fcc.gov/ib/pd/pf/exclusionlist.html. 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 traffic and revenue reports required by Section 43.62(b). See http://www.fcc.gov/encyclopedia/international-traffic-and-revenue-report. (8) Carriers shall file annual circuit capacity reports required by Section 43.62(a). See http://www.fcc.gov/encyclopedia/circuit-capacity-report. (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. Page 4 of 5

(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: Any non-U.S.-licensed space station that has not received Commission approval to operate in the U.S. market pursuant to the procedures adopted in the Commission's DISCO II Order, IB Docket No. 96-111, Report and Order, FCC 97-399, 12 FCC Rcd 24094, 24107-72 paragraphs 30-182 (1997) (DISCO II Order). Information regarding non-U.S.-licensed space stations approved to operate in the U.S. market pursuant to the Commission's DISCO II procedures is maintained at http://transition.fcc.gov/bureaus/ib/sd/se/market_acess.html. This list is subject to change by the Commission when the public interest requires. The most current version of the list is maintained at http://transition.fcc.gov/ib/pd/pf/exclusionlist.html. For additional information, contact the International Bureau's Policy Division, (202) 418-1460. Page 5 of 5


Document Created: 2015-05-27 17:45:38
Document Modified: 2015-05-27 17:45:38
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