Public Notice TEL01737

International Telecommunications

Action Taken Public Notice

2015-06-11

FCC.report > IB > Public Notices > TEL01737

10 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. 15-690 Report No. TEL-01737 Thursday June 11, 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-214-20130119-00017 E Five9, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/09/2015 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on June 9, 2015, by the Department of Justice (DOJ). Accordingly, we condition grant of this international section 214 authorization on compliance by Five9, Inc., with the commitments and undertakings set forth in the June 8, 2015 letter from Barry Zwarenstein, CFO of Five9, Inc., to the Unit Chief, Science and Technology Policy and Law Unit, 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-214-20130119-00017 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 5

ITC-214-20140806-00234 E My Fi, 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: 05/28/2015 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 May 28, 2015, by the Department of Justice (DOJ) to include its component the Federal Bureau of Investigation (FBI). Accordingly, we condition grant of this international section 214 authorization on compliance by Mi Fi, LLC, with the commitments and undertakings set forth in the May 19, 2015 letter from Jorge Mezzadra, CEO, Mi Fi, LLC, to the Unit Chief, Science and Technology Policy and Law Unit, 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-214-20140806-00234 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20150512-00121 E Smart Link Telecommunications LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/05/2015 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-214-20150512-00122 E Republic Wireless, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/05/2015 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-ASG-20150422-00104 E Blue Casa Telephone, LLC Assignment Grant of Authority Date of Action: 05/29/2015 Current Licensee: Telscape Communications, Inc. FROM: Telscape Communications, Inc. TO: Blue Casa Telephone, LLC Application filed for consent to the assignment of assets from Telscape Communications, Inc. (Telscape) to Blue Casa Telephone, LLC (BCT). Pursuant to an agreement between the parties, BCT will acquire for cash consideration Telscape's retail California wireline customer base, along with account contracts, records, and other associated assets. Telscape will retain its international section 214 authorization, ITC-214-20010815-00433, and continue providing services to its remaining customers located in other geographic locations in the U.S. BCT will provide services to its newly acquired customers located in California pursuant to its existing international section 214 authorization, ITC-214-20030602-00265. BCT is owned and controlled by two individuals, both U.S. citizens, Jeff Compton (49%) and Howard Brand (51%). Grant of this application is without prejudice to Commission action in any other related proceedings. ITC-ASG-20150511-00119 E Inmarsat Group Holdings Inc. Assignment Grant of Authority Date of Action: 06/10/2015 Current Licensee: Stratos Holdings, Inc. FROM: Stratos Holdings, Inc. TO: Inmarsat Group Holdings Inc. Notification filed May 11, 2015 of the pro forma assignment of the international section 214s listed below, from Stratos Holdings, Inc. (SHI) to Inmarsat Group Holdings Inc. (IGHI), on April 30, 2015. In a corporate reorganization, SHI was merged into IGHI, its 100 percent parent, with IGHI being the surviving entity. Consequently the following international section 214 authorizations held by SHI were assigned to IGHI: ITC-214-19901030-00011; ITC-214-19910301-00010; ITC-214-19910615-00009; ITC-214-19911206-00007; ITC-214-19911206-00008; ITC-214-19921026-00123; ITC-214-19921026-00124; ITC-214-19930201-00255; ITC-214-19930511-00253; ITC-214-19931001-00254; ITC-214-19950526-00034; ITC-214-19951001-00032; ITC-214-19951001-00033; ITC-214-19960101-00012; ITC-214-19961003-00481; ITC-214-19970627-003356; ITC-214-19970804-00455; ITC-214-19970924-00580; ITC-214-19980121-00028; ITC-214-19980326-00205; ITC-214-19980828-00591; ITC-214-19981214-00859; ITC-214-20010220-00657; ITC-214-50826-00351; ITC-MOD-20040624-00241. Page 2 of 5

ITC-T/C-20150505-00116 E Blue Casa Telephone, LLC Transfer of Control Grant of Authority Date of Action: 05/29/2015 Current Licensee: Blue Casa Telephone, LLC FROM: TCAST Communications, Inc. TO: Jeff Compton Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20030602-00265, held by Blue Casa Telephone, LLC (BCT), from TCAST Communications, Inc. (TCAST) to two individuals, Howard Brand, and Jeff Compton, both U.S. citizens. In 2011, BCT acquired the customer base and other assets of Blue Casa Communications, Inc. (BCC), including international section 214 authorization, ITC-214-20030602-00265, via an assignment transaction undertaken for the benefit of BCC's creditors in a bankruptcy proceeding (ITC-ASG-20110204-00043, Public Notice, DA No. 11-471, 26 FCC Rcd 3744, 3747 (Int'l Bur. 2011). At the time, BCT was a wholly-owned subsidiary of TCAST, which was in turn owned by six individuals, all U.S. citizens, and managed by Messrs. Brand and Compton. In 2012, without prior Commission consent, Messrs. Brand and Compton acquired joint ownership and control of BCT, for cash. Mr. Brand holds a 51% ownership interest and Mr. Compton holds a 49% ownership interest in BCT, and they share control. Applicants filed a request for Special Temporary Authority (STA) related to this transaction, ITC-STA-20150505-00115, which was granted on May 6, 2015. Grant of this application is without prejudice to Commission action in any other related proceedings. ITC-T/C-20150519-00125 E Talk America Services, LLC Transfer of Control Grant of Authority Date of Action: 06/10/2015 Current Licensee: Talk America Services, LLC FROM: Windstream Holdings, Inc. TO: Communications Sales & Leasing, Inc. Notification filed May 19, 2015, of the pro forma transfer of control of international section 214 authorization, ITC-214-20141022-00280, held by Talk America Services, LLC (TAS), from Windstream Holdings, Inc. (Windstream Holdings), to Communications Sales & Leasing, Inc. (CSL), an indirect subsidiary of Windstream Holdings, effective April 24, 2015. Pursuant to an internal restructuring to improve overall operational and financial efficiencies of the company, the majority of the shares of CSL were spun off from its direct parent, Windstream Services, LLC (Windstream Services), a wholly owned direct subsidiary of Windstream Holdings, to the shareholders of Windstream Holdings, with Windstream Services retaining 19.9 percent of CSL. After the transaction, customers of Windstream Services who were provided services pursuant to its international section 214 authorization, ITC-214-19980925-00658, were assigned to TAS. After closing, TAS began providing services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-20141022-00280. INFORMATIVE ITC-214-19971229-00821 Level 3 Communications, LLC By letter dated June 3, 2015, Applicant notified the Commission that Level 3 Communications, LLC will be discontinuing its Analog Phone and IVAD Services in the Colorado Springs and Greenwood Village, Colorado areas on or around July 30, 2015. SURRENDER ITC-214-20101021-00409 Oopa Communication Inc By letter filed May 27, 2015, Applicant notified the Commission of the Surrender of its international section 214 authorization effective May 12, 2015. 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: 2015-06-10 18:08:13
Document Modified: 2015-06-10 18:08:13
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