Public Notice TEL01755

International Telecommunications

Action Taken Public Notice

2015-10-01

FCC.report > IB > Public Notices > TEL01755

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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. 15-1107 Report No. TEL-01755 Thursday October 1, 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-214-20140825-00253 E Danale Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/22/2015 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-214-20150219-00046 E Microtalk USA 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: 09/22/2015 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). Page 1 of 5

ITC-214-20150826-00210 E Pine Cellular Phones, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/25/2015 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-214-20150826-00212 E AlphaWave Networks, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/25/2015 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-214-20150826-00217 E Pllatel Communications 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: 09/25/2015 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-214-20150831-00219 E Pine Long Distance, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/25/2015 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-T/C-20150730-00189 E BWTelcom Long Distance, Inc. Transfer of Control Grant of Authority Date of Action: 09/30/2015 Current Licensee: BWTelcom Long Distance, Inc. FROM: Randall J Raile Revocable Trust TO: Randall J Raile Revocable Trust Notification filed July 30, 2015, of the pro forma transfer of control of international section 214 authorization, ITC-214-20000516-00276, held by BWTelcom Long Distance, Inc. (BWTelcom), effective December 31, 2012. BWTelcom is a wholly owned subsidiary of Benkelman Telephone Company (Benkelman), which is controlled by the Randall J. Raile Revocable Trust. In 2009, the company created voting and non-voting shares, with Randall J. Raile continuing to own a majority (and controlling) of each type of stock through the Randall J. Raile Revocable Trust. The equity capital of Benkelman is allocated among 950 shares, of which 30 are voting and 920 are non-voting. The non-voting shares have no authority over the company. Although neither de facto nor de jure control of Benkelman changed, on December 31, 2012, the Kacey L. Raile Harper Revocable Trust (Kacey Revocable Trust) received 353 non-voting shares from Randall J. Raile Revocable Trust and another 353 non-voting shares from Loretta Raile, who had received the shares from the Randall Raile Revocable Trust the same day. The Kacey Revocable Trust now owns 77% of the non-voting shares of Benkelman. The Randall J. Raile Revocable Trust continues to own 93% of the voting stock of Benkelman. Benkelman remains the direct parent of BWTelcom. Page 2 of 5

ITC-T/C-20150819-00209 E opticAccess, LLC Transfer of Control Grant of Authority Date of Action: 09/25/2015 Current Licensee: opticAccess, LLC FROM: opticAccess, LLC TO: Integra Telecom Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20140922-00266, held by opticAccess, LLC (opticAccess) to Integra Telecom Holdings, Inc. (Integra Holdings). Pursuant to the terms of a purchase agreement, Integra Holding will purchase all of the membership interests in opticAccess. Upon closing, opticAccess will become a wholly owned subsidiary of Integra Holdings. Integra Holdings, an Oregon corporation, is a wholly owned subsidiary of Integra Telecom, Inc. (Integra Telecom), an Oregon corporation, which in turn is a wholly held subsidiary of Integra Telecom Parent, Inc. (Integra Parent), a Delaware corporation. The following entities or individuals hold ten percent or greater direct or indirect equity and voting interests in Integra Parent: (1) Searchlight Capital Partners GP, LP (Searchlight), a Delaware limited partnership (36.3%). Searchlight is the general partner to the following three funds, all Delaware limited partnerships, known collectively as the Searchlight Funds: Searchlight Capital, LP; Searchlight Capital PV, LP; and Searchlight/SIP Holdco SPV III (BLZ), LP. No equity holder in any of the Searchlight Funds holds a ten percent or greater ownership interest in Integra; (2) Tennenbaum Capital Partners. LLC (Tennenbaum), a Delaware limited liability company (21.8%). Tennenbaum is the investment manager to the Tennenbaum Funds, which include the following funds: Special Value Continuation Partners, LP, a Delaware limited partnership; Special Value Expansion Fund, LLC, a Delaware limited liability company; Special Value Opportunities Fund, LLC, a Delaware limited liability company; and Tennenbaum Opportunities Partners V, LP (TOPV), a Delaware limited partnership. In the aggregate, the Tennenbaum Funds will hold 21.8% of the common stock of Integra Parent. Tennenbaum Opportunities Fund V, LLC (TOF V), a Delaware limited liability company, holds 100 percent of the limited partnership interests in TOPV, which in turn holds 10.1 percent interest in Integra Holdings. No single owner of TOF V owns ten percent or greater ownership interest in Integra. No other equity holders in any of the Tennenbaum Funds will have in aggregate a ten percent or greater ownership interest in Integra; and (3) Farallon Capital Management, LLC (Farallon), a Delaware limited liability company (17.7%). Farallon is the investment manager to the Farallon Funds, which include the following funds: Farallon Capital AA Investors, LP (FCAAI), a Delaware limited partnership; Farallon Capital AM Investors LP (FCAMI, a Delaware limited partnership; Farallon Capital Institutional Partners, LP (FCIP), a California limited partnership; Farallon Capital Institutional Partners II, LP (FCIP II), a California limited partnership; Farallon Capital Institutional Partners III, LP (FCIP III), a California limited partnership; Farallon Capital Offshore Investors II, LP (FCOI II), a Cayman, BWI exempted limited partnership; Farallon Capital Partners, LP (FCP), a California limited partnership; and Noonday Offshore, Inc. (Noonday), a Cayman Islands corporation. In the aggregate, the Farallon Funds will hold 17.7 percent of the common stock of Integra Parent. Farallon AA GP, LLC, a Delaware limited liability company, is the sole general partner for FCAAI. Farallon Partners, LLC, a Delaware limited company, is the sole general partner for FCAMI, FCIP, FCIP II, FCIP III, FCOI II, and FCP. No equity holders in any of the Farallon Funds will hold a ten percent or greater ownership interest in Integra Holdings. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150924-00228 E Northstar License Corporation Transfer of Control Grant of Authority Date of Action: 09/30/2015 Current Licensee: Northstar License Corporation FROM: Alaska Communications Systems Group, Inc. TO: ALASKA COMMUNICATIONS SYSTEMS HOLDING, INC. Notification filed September 24, 2015, of the pro forma transfer of control of international Section 214 authorization, ITC-214-20000330-00209, held by Northstar License Corporation (Northstar), from Alaska Communications Systems Group, Inc. (ACS) to Alaska Communications Systems Holdings, Inc. (Holdings), effective September 8, 2015. Northstar is a wholly-owned indirect subsidiary of Crest Communications Corporation (Crest). Crest was a wholly-owned subsidiary ACS. In a corporate reorganization, Holdings, a direct wholly-owned subsidiary of ACS, was inserted between ACS and Crest. As a result, of Crest and Northstar became direct and indirect wholly-owned subsidiaries of Holdings respectively. ACS has remained the ultimate parent of Northstar. SURRENDER ITC-214-20140801-00231 Promedia Technology Services, Inc By letter filed September 28, 2015, Applicant notified the Commission of the Surrender of its international section 214 authorization. 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. (13) Carriers shall comply with the Communications Assistance Page 4 of for 5Law 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 5 of 5


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Document Modified: 2015-09-30 16:34:53
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