Public Notice TEL01750

International Telecommunications

Action Taken Public Notice

2015-08-20

FCC.report > IB > Public Notices > TEL01750

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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. 15-924 Report No. TEL-01750 Thursday August 20, 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-214-20150622-00148 E Bonita Senorita Inc International Telecommunications Certificate Service(s): Individual Facilities-Based and Resale Service Grant of Authority Date of Action: 08/14/2015 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-214-20150717-00177 E AltaWorx LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/14/2015 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). Page 1 of 7

ITC-ASG-20150630-00166 E KCL Enterprises, Inc Assignment Grant of Authority Date of Action: 08/14/2015 Current Licensee: American Georgetown, Inc. FROM: American Georgetown, Inc. TO: KCL Enterprises, Inc Application filed for consent to the assignment of international section 214 authorization, ITC-214-20061017-00476, held by American Georgetown, Inc. (AGI) to KCL Enterprises, Inc. (KCL). Pursuant to the terms of a stock purchase agreement, AGI will sell all of the issued and outstanding stock of Georgetown Telephone Company, Inc. (GTC), a wholly owned subsidiary of AGI, as well as assign its own international section 124 authorization, ITC-214-20061017-00476, to KCL. The following two individuals, both U.S. citizens, hold 10 percent or greater ownership interests in KCL: Charles D. Mattingly, Jr. (90%), and Kimberly Starr (10%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20150723-00182 E Amherst Telephone Company Assignment Grant of Authority Date of Action: 08/19/2015 Current Licensee: Tomorrow Valley Communications FROM: Tomorrow Valley Communications TO: Amherst Telephone Company Notification filed July 23, 2015, of the pro forma assignment of international section 214 authorization, ITC-214-20050428-00176, held by Tomorrow Valley Communications (Tomorrow Valley) to its 100% direct parent, Amherst Telephone Company (Amherst), effective July 1, 2015. Pursuant to a distribution of assets agreement, Amherst assumed all long distance operations of Tomorrow Valley including its international section 214 authorization. ITC-ASG-20150729-00187 E New Cingular Wireless PCS, LLC Assignment Grant of Authority Date of Action: 08/19/2015 Current Licensee: Powell Acquisition Company LLC FROM: Powell Acquisition Company LLC TO: New Cingular Wireless PCS, LLC Notification filed July 29, 2015, of the pro forma assignment of international section 214 authorizations, ITC-214-20140714-00332, ITC-214-20030912-00435, and ITC-214-20030912-00441, held by Powell Acquisition Company LLC (Powell) to New Cingular Wireless PCS, LLC, (New Cingular), effective June 30, 2015. In a corporate reorganization, Powell was merged into New Cingular and eliminated. New Cingular now holds all of the international section 214 authorizations previously held by Powell. Powell was, and New Cingular continues to be, indirect wholly owned subsidiaries of AT&T Inc. Page 2 of 7

ITC-T/C-20150702-00167 E West IP Communications, Inc. Transfer of Control Grant of Authority Date of Action: 08/14/2015 Current Licensee: West IP Communications, Inc. FROM: West Corporation TO: West Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20110309-00066, held by West IP Communications, Inc. (West IP), from current shareholders of its direct parent West Corporation (West), a publicly traded Delaware corporation, to prospective new shareholders of West The primary shareholders of West are: The THL Funds, managed by Thomas H. Lee Partners, L.P. (THL Funds), Delaware limited partnerships and limited liability companies (approx. 22%); The Quadrangle Group LLC (Quadrangle Funds) (approx. 5%), Delaware limited liability companies and limited partnerships; and Gary L. West and Mary E. West (jointly the West Family), both U.S. citizens (<10% each). Through their combined shares and control of seats on the board of directors for West, the THL Funds and the Quadrangle Funds exercise de facto control of West and its subsidiaries. Applicants propose to reduce the current stock holdings in West held by the THL Funds and the Quadrangle Funds, and anticipate that their interests may be reduced to below 10 percent, contingent on market conditions and related strategic factors. Through their combined shares and control of board seats, the THL Funds and the Quadrangle Funds exercise de facto control of West and its subsidiaries. The THL Funds' interest in West is primarily held through six investment funds: (1) Thomas H. Lee Equity Fund VI, L.P.; (2) Thomas H. Lee Parallel Fund VI, L.P.; (3) Thomas H. Lee Parallel (DT) Fund VI, L.P.; (4) THL Equity Fund VI Investors (West), L.P.; (5) THL Equity Fund VI Investors (West) HL, L.P.; (6) THL Coinvestment Partners, L.P. THL Equity Advisors VI, LLC is general partner of THL Funds (1) through (5). Thomas H. Lee Partners, L.P. is the general partner of THL Fund (6). Thomas H. Lee Partners, L.P. also is the sole member of THL Equity Advisors VI, LLC. Thomas H. Lee Advisors, LLC is the general partner of Thomas H. Lee Partners, L.P. THL Holdco, LLC is the managing member of Thomas H. Lee Advisors, LLC. The management committee of THL Holdco, LLC, which acts upon voting and investment control over securities that the THL Funds own, currently consists of Anthony J. DiNovi and Scott M. Sperling, both U.S. citizens. Quadrangle Funds's interest in West is held through three entities: (1) Quadrangle Capital Partners II LP; (2) Quadrangle Select Partners II LP; (3) Quadrangle Capital Partners II-A LP Quadrangle GP Investors II LP is the common general partner of the Quadrangle Funds. QCP GP Investors II LLC is the general partner of Quadrangle GP Investors II LP. Voting or investment control over securities that the Quadrangle Funds own are acted upon by the investment committee of QCP GP Investors II LLC. The current members of the investment committee of QCP GP Investors II LLC are the following three individuals, all U.S. citizens, Brian Bytof, Steven G. Felsher and Michael Huber. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150702-00168 E Hypercube Telecom, LLC Transfer of Control Grant of Authority Date of Action: 08/14/2015 Current Licensee: Hypercube Telecom, LLC FROM: West Corporation TO: West Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20050203-00058, held by HyperCube Telecom, LLC (HyperCube), from current shareholders of its indirect parent West Corporation (West), a publicly traded Delaware corporation, to prospective new shareholders of West. The primary shareholders of West are: The THL Funds, managed by Thomas H. Lee Partners, L.P. (THL Funds), Delaware limited partnerships and limited liability companies (approx. 22%); The Quadrangle Group LLC (Quadrangle Funds) (approx. 5%), Delaware limited liability companies and limited partnerships; and Gary L. West and Mary E. West (jointly the West Family), both U.S. citizens (<10% each). Through their combined shares and control of seats on the board of directors for West, the THL Funds and the Quadrangle Funds exercise de facto control of West and its subsidiaries. Applicants propose to reduce the current stock holdings in West held by THL Funds and the Quadrangle Funds, and anticipate that their interests may be reduced to below 10 percent, contingent on market conditions and related strategic factors. Through their combined shares and control of board seats, the THL Funds and the Quadrangle Funds exercise de facto control of West and its subsidiaries. The THL Funds' interest in West is primarily held through six investment funds: (1) Thomas H. Lee Equity Fund VI, L.P.; (2) Thomas H. Lee Parallel Fund VI, L.P.; (3) Thomas H. Lee Parallel (DT) Fund VI, L.P.; (4) THL Equity Fund VI Investors (West), L.P.; (5) THL Equity Fund VI Investors (West) HL, L.P.; (6) THL Coinvestment Partners, L.P. THL Equity Advisors VI, LLC is general partner of THL Funds (1) through (5). Thomas H. Lee Partners, L.P. is the general partner of THL Fund (6). Thomas H. Lee Partners, L.P. also is the sole member of THL Equity Advisors VI, LLC. Thomas H. Lee Advisors, LLC is the general partner of Thomas H. Lee Partners, L.P. THL Holdco, LLC is the managing member of Thomas H. Lee Advisors, LLC. The management committee of THL Holdco, LLC, which acts upon voting and investment control over securities that the THL Funds own, currently consists of Anthony J. DiNovi and Scott M. Sperling, both U.S. citizens. Quadrangle Funds' interest in West is held through three entities: (1) Quadrangle Capital Partners II LP; (2) Quadrangle Select Partners II LP; (3) Quadrangle Capital Partners II-A LP Quadrangle GP Investors II LP is the common general partner of the Quadrangle Funds. QCP GP Investors II LLC is the general partner of Quadrangle GP Investors II LP. Voting or investment control over securities that the Quadrangle Funds own are acted upon by the investment committee of QCP GP Investors II LLC. The current members of the investment committee of QCP GP Investors II LLC are three individuals, all U.S. citizens Brian Bytof, Steven G. Felsher and Michael Huber. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20150720-00176 E Sierra Telephone Long Distance Transfer of Control Consummated Date of Action: 01/12/2015 Current Licensee: Sierra Telephone Long Distance FROM: Harry H Baker TO: John H Baker Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19960718-00321 (Old File No. ITC-96-391), held by Sierra Telephone Long Distance (STLD), a wholly owned subsidiary of Sierra Tel Communications Group (STCG), from Harry H. Baker (since deceased), to his son John H Baker, both U.S. citizens. The transaction occurred on January 12, 2015, without prior Commission consent, when Harry H Baker resigned as trustee of each of the two trusts, Harry H. Baker, Jr. 1975 Trust (49%), and the Harry H. Baker Revocable Trust (2003) (49%), that hold a combined 98 percent of STCG, and appointed John H Baker as trustee for the two trusts. Mr. Harry H Baker died on April 3, 2015, and John H Baker, Executor of the Estate of Harry H Baker, became successor to and sole trustee for the two trusts. Applicant filed a request for Special Temporary Authority (STA) related to this transaction, ITC-STA-20150720-00173, which was granted on July 23, 2015. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150721-00181 E BTI America LLC Transfer of Control Grant of Authority Date of Action: 08/19/2015 Current Licensee: BTI America LLC FROM: Bayan Telecommunications Inc. TO: Bayan Telecommunications Holdings Corporation Notification filed July 21, 2015, of the pro forma transfer of control of international Section 214 authorization, ITC-214-20060602-00300, held by BTI America LLC (BTIA), from Bayan Telecommunications Inc. (Bayan) to Bayan Telecommunications Holdings Corporation (Bayan Holdings), effective June 23, 2015. BTIA was a direct wholly-owned subsidiary of Bayan and an indirect wholly-owned subsidiary of Bayan Holdings, both corporations organized under the Republic of the Philippines. In a corporate reorganization, Bayan was removed from the corporate ownership structure. Upon closing, BTIA became a direct wholly-owned subsidiary of Bayan Holdings. ITC-T/C-20150723-00183 E Riva FZC Transfer of Control Grant of Authority Date of Action: 08/19/2015 Current Licensee: Riva FZC FROM: Directi Web Technologies Holdings TO: Riva Technologies Inc Notification filed July 23, 2015, of the pro forma transfer of control of international section 214 authorization, ITC-214-20140128-00033, held by Riva FZC (Riva FZC), from Directi Web Technologies Holdings (DWTH) to Riva Technologies Inc. (RTI), effective July 1, 2015. Talk.to Holdings (TtH), a Mauritius holding company, holds a 99% interest in Riva FZC. In a corporate restructuring, the immediate parent of TtH was changed from Directi Web Technologies Holdings (DWTH), a Mauritius company, to Riva Technologies Inc. (RTI), a British Virgin Islands company, both wholly-owned subsidiaries of Directi Web Technologies FZC, a UAE entity. CORRECTIONS ITC-T/C-20150604-00140 Freedom Ring Communications, LLC d/b/a BayRing Communications The application was inadvertently included on the International Authorizations Granted public notice released on July 9, 2015 (TEL-01741, DA No. 15-798). The application is still pending. Dismissal ITC-214-20140527-00162 ClickHere Telecom Ltd. Application hereby dismissed by Chief, Policy Division, International Bureau on August 19, 2015, pursuant to sections 1.748(a) and 63.51(b) of the Commission's rules, 47 CFR 1.748(a), 63.51(b), for failure to respond to the Commission's request for information. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. INFORMATIVE ITC-214-19931022-00192 Alteva Long Distance, Inc. By letter August 14, 2015, Applicant notified the Commission that it has changed its name from Warwick Valley Long Distance to Alteva Long Distance, Inc. ITC-214-20100623-00263 Sprint Communications Co., LP Page 4 of 7

INFORMATIVE By letter dated August 7, 2015, Sprint Communications Company L.P. notified the Commission that it agrees to accept the terms and conditions for a waiver of the benchmark rate applicable to Cuba set forth in the FCC's April 8, 2011, Memorandum Opinion and Order, IB Docket No. 10-95, 26 FCC Rcd 5217 (Int'l Bur. 2011). See also International Settlements Policy Reform, IB Docket No. 11-80, Report and Order, 27 FCC Rcd 15521 (2012) (eliminating the application of the International Settlements Policy on the U.S.-Cuba route. SURRENDER ITC-214-20070418-00149 Access Media 3, Inc. By letter filed August 10, 2015, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20070913-00380 VEZA Telecom, Inc. By letter filed August 13, 2015, Applicant notified the Commission of the Surrender of its international section 214 authorization. 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://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 6 of 7

(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 7 of 7


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