Public Notice TEL01753

International Telecommunications

Action Taken Public Notice

2015-09-17

FCC.report > IB > Public Notices > TEL01753

13 Filings Included [expand]

IBFS_PN_1103092

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. 15-1041 Report No. TEL-01753 Thursday September 17, 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-214-20141202-00312 E Vezeti 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: 08/27/2015 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). ITC-214-20150730-00191 E RS Fiber Cooperative International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/28/2015 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-214-20150805-00193 E PRIDE Wireless, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/11/2015 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-214-20150813-00201 E LB Communications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/11/2015 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-214-20150821-00206 E Telecomp Computer Services, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/11/2015 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-20150608-00141 E Solavei Holdings, LLC Assignment Consummated Date of Action: 07/30/2015 Current Licensee: Solavei, LLC Debtor-in-Possession FROM: Solavei, LLC Debtor-in-Possession TO: Solavei Holdings, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20120815-00203, held by Solavei, LLC, Debtor-in-Possession (Solavei DIP), to Solavei Holdings, LLC (Solavei Holdings). On June 11, 2014, Solavei, LLC (Solavei) filed a voluntary petition for reorganization under Chapter 11 of the United States Bankruptcy Code with the U.S. Bankruptcy Court for the Western District of Washington (Bankruptcy Court). See In re Solavei, LLC, Case No. 14-14505-TWD (Bankr. W.D. Wash. June 11, 2014). The filing resulted in Solavei's international section 214 authorization, ITC-214-20120815-00203, being assigned to Solavei DIP. On April 17, 2015, the Bankruptcy Court confirmed Solavei's Amended Plan of Reorganization, pursuant to which Solavei Holdings was created. See In re Solavei, LLC, Order Confirming Amended Plan of Reorganization (Bankr. W.D. Wash. April 17, 2015). Pursuant to the Amended Plan of Reorganization, the following holders of Solavei's pre-petition debt and to new investors will have a ten percent or greater equity or voting interest in Solavei Holdings: (1) Allin 1, LLC, a State of Washington limited liability company (14.7 percent equity, 22.4 percent voting interest) (wholly owned by founder and CEO of Solavei, Ryan Wuerch, a U.S. citizen); (2) Josh Gooden, a U.S. citizen (10.03 percent equity, 13.8 percent voting interest); (3) Stream Investment Holdings, LLC, (13.7 percent voting interest) (owned by Stream Family and William Gray Stream, all U.S. citizens); (4) Red Mobile, LLC (24.5 percent equity) (10 percent or greater ownership interest in Red Mobile - Joshua Gordon, a U.S. citizen). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20150821-00204 E ACN Communication Services, LLC Assignment Grant of Authority Date of Action: 09/16/2015 Current Licensee: ACN Communication Services, Inc. FROM: ACN Communication Services, Inc TO: ACN Communication Services, LLC Notification filed August 21, 2015, of the pro forma assignment of international section 214 authorization, ITC-214-20000203-00052, from ACN Communication Services, Inc. to ACN Communication Services, LLC, effective July 24, 2015. The company converted from a Michigan corporation to a Michigan limited liability company. Page 2 of 7

ITC-T/C-20150604-00140 E Freedom Ring Communications, LLC d/b/a BayRing Communications Transfer of Control Grant of Authority Date of Action: 08/26/2015 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. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on August 25, 2015, by the U.S. Department of Justice ("DOJ") including the Federal Bureau of Investigation ("FBI"), with the concurrence of the Department of Homeland Security ("DHS") and the U.S. Department of Defense ("DoD"). Accordingly, We condition grant of this international transfer of control application on compliance by Oxford County Telephone and Telegraph with the commitments and undertakings set forth in the April 28, 2014 letter from Thadeus Mocarski, President, Oxford Networks Holdings, 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 underlying 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-T/C-20150604-00140 and accessing the "Other Filings related to this application" from the Document Viewing Area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150629-00162 E MVS USA, Inc. Transfer of Control Grant of Authority Date of Action: 09/16/2015 Current Licensee: MVS USA, Inc. FROM: MVS USA, Inc. TO: Deborah Deffaa Notification filed June 29, 2015, of the pro forma transfer of control of international section 214 authorizations, ITC-214-19970714-00397 and ITC-214-19970714-00399, held by MVS USA, Inc. (MVS USA), to Deborah Deffaa (Ms. Deffaa), a U.S. citizen. In a corporate reorganization, Ms. Deffaa, who had been the indirect 100 percent parent of MVS USA, became the 100 percent direct parent of MVS USA, effective June 1, 2015. Page 3 of 7

ITC-T/C-20150629-00163 E I-LINX LLC Transfer of Control Grant of Authority Date of Action: 09/16/2015 Current Licensee: I-LINX LLC FROM: Deborah Deffaa TO: MVS USA, Inc. Notification filed June 29, 2015, of the pro forma transfer of control of international section 214 authorization, ITC-214-20050310-00092, held by I-Linx LLC (I-Linx), from its 100 percent parent, Deborah Deffaa (Ms. Deffaa), a U.S. citizen, to MVS USA, Inc. (MVS USA), effective June 1, 2015. In a corporate reorganization, the direct ownership of I-Linx was transferred to MVS USA, which is wholly owned by Ms. Deffaa. ITC-T/C-20150722-00179 E Roman LD Inc. Transfer of Control Grant of Authority Date of Action: 09/11/2015 Current Licensee: Roman LD Inc. FROM: Sapina Quayum TO: Monotaz Begum Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20110512-00132, held by Roman LD, Inc. (Roman LD), from Sapina Quayum to Monotaz Begum. In January 2013, without prior prior Commission consent, Monotaz Begum, a U.S. citizen, purchased all of the outstanding shares of Roman LD from Sapina Quayum. After closing, Roman LD is now wholly owned by Monotaz Begum. Applicant filed a Special Temporary Authority (STA) request, ITC-STA-20150820-00208, related to this transaction, which was granted on August 27, 2015. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150819-00203 E The People's Operator USA, LLC Transfer of Control Grant of Authority Date of Action: 09/16/2015 Current Licensee: The People's Operator USA, LLC FROM: The People's Operator Holdings Limited TO: The People's Operator (US) LLP Notification filed August 19, 2015, of the pro forma transfer of control of international Section 214 authorization, ITC-214-20141219-00324, held by The People's Operator USA, LLC (TPO USA), from its 100% direct parent, The People's Operator Holdings Limited (TPO Holdings), to The People's Operator (US) LLP (TPO (US) LLP), effective July 20, 2015. In a corporate reorganization, TPO (US) LLP, a United Kingdom limited liability partnership, was created and inserted into the ownership structure as a direct parent of TPO USA, to facilitate and enable the commitment of TPO USA to ultimately direct 25% of its profits to charitable causes. Upon closing, TPO USA became a direct wholly owned subsidiary of TPO (US) LLP. TPO Holdings contributed 90.9% of the capital of TPO (US) LLP and is entitled to receive 75% of its profits. The remaining 25% of the TPO (US) LLP will be directed initially to TPOF (US) Limited (TPOF (US)), an England and Wales incorporated private limited company that contributed 9.1% of the capital of TPO (US) LLP. TPOF (US) is wholly owned by the TPO (US) Foundation, an England and Wales incorporated private company that will direct that all of its funds go to the TPO Charitable Foundation, a District of Columbia non-profit corporation, which in turn will identify the charities to which 25% of TPO US profits will be directed. The People's Operator PLC, a UK entity, retains pre- and post- transaction control of TPO USA. ITC-T/C-20150820-00205 E IXC LLC Transfer of Control Grant of Authority Date of Action: 09/11/2015 Current Licensee: IXC LLC FROM: Benson Talaharry TO: IXC Capital Partners LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20150219-00048, held by IXC LLC, from Mr. Benson Talaharry to IXC Capital Partners LLC. Mr. Talaharry, a U.S. citizen, is currently the sole owner of IXC LLC. IXC Capital Partners has agreed to purchase 95% of the membership units of IXC LLC; Mr. Talaharry will retain the other 5% of the membership units. Mr. Arkady Sorokin, a U.S. citizen, is the sole owner of IXC Capital Partners. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 4 of 7

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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. (13) Carriers shall comply with the Communications Assistance Page 6 of for 7Law Enforcement Act (CALEA), see 47 C.F.R. §§

(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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Document Modified: 2015-09-16 16:29:40
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