Public Notice TEL01741

International Telecommunications

Action Taken Public Notice

2015-07-09

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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. 15-798 Report No. TEL-01741 Thursday July 9, 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-214-20141103-00291 E Pro-Telecom, 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: 06/30/2015 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-214-20141219-00324 E The People's Operator USA, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/30/2015 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-214-20150403-00092 E D4US, LLC dba dimension4 International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2015 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-214-20150605-00136 E X5 OpCo LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2015 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-214-20150609-00145 E Ameritel Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2015 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-20140829-00264 E Last Mile USA., LLC Assignment Grant of Authority Date of Action: 06/29/2015 Current Licensee: Last Mile Corp. FROM: Last Mile Corp. TO: Last Mile USA., LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20130422-00112, from Last Mile Corp. to Last Mile USA, LLC. Last Mile Corp. is 100% owned by Edwin Morales. Last Mile USA, LLC will purchase 100% of Last Mile Corp. from Mr. Morales, and Last Mile USA, LLC will provide international service pursuant to international section 214 authorization, ITC-214-20130422-00112. Last Mile USA, LLC is owned by Mike Murray (50%), a U.S. citizen, and Vicente Abarca Del Rio (50%), a citizen of Chile. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5

ITC-T/C-20150604-00140 E Freedom Ring Communications, LLC d/b/a BayRing Communications Transfer of Control Grant of Authority Date of Action: 07/03/2015 Current Licensee: Freedom Ring Communications, LLC d/b/a BayRing Communications FROM: Utel, Inc. TO: Oxford County Tel & Tel Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19961216-00630, held by Freedom Ring Communications, LLC d/b/a BayRing Communications (BayRing), from Utel Inc. (Utel) to Oxford County Telephone & Telegraph Co. (Oxford). Oxford will purchase 100 percent of the ownership interests of Utel, the indirect 100% parent of BayRing. Upon closing, Utel and BayRing will become, respectively, direct and indirect wholly owned subsidiaries of Oxford. The following entities or individuals hold 10 percent or greater ownership interests in Oxford: Oxford is controlled by its sole shareholder Oxford Networks Holdings, Inc. (Oxford Holdings), a Delaware corporation, which is in turn ultimately controlled by certain principals of Novacap Management, Inc. The following entities hold a 10 percent or greater equity interest in Oxford Holdings: BSCP-OX Holdings, LLC, a Delaware entity (15.8 percent) (sole managing member Thadeus Mocarski, a U.S. citizen), Novacap Technologies III, L.P., a Quebec entity (34.7 percent) (Novacap Partners Technologies III, L.P., a Quebec limited partnership holds 100 percent voting interests; all limited partners are passive investors with less than 10 percent equity interest in Oxford), Novacap TMT IV, L.P. (Novacap TMT), a Quebec entity (35.9 percent) (Novacap Management, Inc. (Novacap Mgt.), a Quebec entity, general partner 100 percent voting interest). Novacap Management Technologies III Inc., a Quebec entity, has a 100 percent voting interest in Novacap Partners Technologies III, L.P. The following individuals, all Canadian citizens, own equity and corresponding voting interests in Novacap Management Technologies III Inc.: Marc Beauchamp (14.01 percent), Alain Bélanger (25.06 percent), Pascal Tremblay (25.06 percent), Stéphane Tremblay (24.06 percent). Novacap Mgt. has delegated its decision making authority as to Novacap TMT, to the TMT Investment Committee. The majority of TMT Investment Committee members are also shareholders of Novacap Fund Management, Inc., a Quebec entity and the corporate parent of Novacap Management Inc., holding 100 percent voting interest. The members who hold 10 percent or greater equity interests are: Pascal Tremblay (21.65 percent), Alain Bélanger (20.06 percent), Stéphane Tremblay (19.40 percent), Thadeus Mocarski (10.56 percent), François Laflamme (10.56 percent). Applicants also state that the following interests relate to each individual's voting interest in Novacap Fund Management, Inc., as such interest relates to Novacap Management, Inc.'s role as the general partner of Novacap TMT IV, L.P., in relation to its interest in Oxford Holdings: Pascal Tremblay, Alain Bélanger, Stéphane Tremblay, Thadeus Mocarski, François Laflamme, Stéphane Blanchet, Marc Beauchamp. All individuals are Canadian citizens, except for Thadeus Mocarski, who is a U.S. citizen, and all hold voting interests of 14.29 percent. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Dismissal ITC-214-20150422-00101 iFAX Solutions, Inc. d/b/a T38Fax.com By letter filed July 1, 2015, Applicant notified the Commission of the withdrawal of its international section 214 application. INFORMATIVE ITC-214-19930308-00042 ACOMM Inc. By letter dated July 1, 2015, Applicant notified the Commission that ACOMM, Inc. will be discontinuing its switched long distance international voice services on or after August 21, 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: 2015-07-08 16:08:46
Document Modified: 2015-07-08 16:08:46
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