Public Notice TEL01759

International Telecommunications

Action Taken Public Notice

2015-10-29

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IBFS_PN_1113011

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. 15-1228 Report No. TEL-01759 Thursday October 29, 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-214-20150925-00225 E Applied Tech Solutions Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 10/23/2015 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-214-20150930-00229 E ARS Aleut Services, 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: 10/23/2015 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-214-20151002-00232 E CallFire, 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: 10/23/2015 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-ASG-20151020-00242 E Logix Communications, LP Assignment Grant of Authority Date of Action: 10/28/2015 Current Licensee: Western Communications, Inc. FROM: Western Communications, Inc. TO: Logix Communications, LP Notification filed October 20, 2015 of the pro forma assignment of international Section 214 authorization, ITC-214-19940409-00200, held by Western Communications, Inc. d/b/a Logix Communications (Western Communications), a Texas corporation, to Logix Communications, LP (Logix Communications), a Texas limited partnership, effective December 31, 2005, that occurred when Western Communications converted its format from a Texas corporation to a Texas limited partnership and, upon consummation, is renamed Logix Communications. ITC-T/C-20150804-00192 E Airbus DS SatCom Government, Inc. Transfer of Control Grant of Authority Date of Action: 10/28/2015 Current Licensee: Airbus DS SatCom Government, Inc. FROM: Airbus DS Systems Holdings, Inc. TO: Satcom Direct Communications Inc. Application filed for consent to the transfer of control of international section 214 authorizations (lead authorization ITC-214-20061213-00558), held by Airbus DS SatCom Government, Inc. (SatCom Government), a wholly-owned, direct subsidiary of Airbus DS Systems Holdings, Inc. (ADS), to Satcom Direct Communications Inc. (SDC). Pursuant to the terms of a stock purchase agreement, executed on July 29, 2015, SDC will acquire 100 percent of the outstanding shares in SatCom Government from ADS. Upon closing, SatCom Government will become a wholly-owned, direct subsidiary of SDC. SDC is owned as follows: James W. Jensen Living Trust (James W. Jensen, Trustee, a U.S. citizen) (70%), and David E. Greenhill, a U.S. citizen (30%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150812-00198 E Airbus DS SatCom Government, Inc. Transfer of Control Grant of Authority Date of Action: 10/28/2015 Current Licensee: Airbus DS SatCom Government, Inc. FROM: Airbus Defense and Space, Inc. TO: Airbus Group, Inc. Notification filed August 12, 2015, of the pro forma transfer of control of international section 214 authorizations (lead authorization ITC-214-20061213-00558, other authorizations set out in Exhibit B) held by Airbus DS SatCom Government, Inc. (SatCom Government), from Airbus Defense and Space, Inc. to Airbus Group, Inc., effective April 25, 2014. In a corporate reorganization, Airbus Group, Inc. was inserted into the ownership structure between Airbus Group N.V. and Airbus Defense and Space, Inc., the indirect parent of SatCom Government. Page 2 of 5

ITC-T/C-20150820-00202 E TC3 Telecom, Inc. Transfer of Control Grant of Authority Date of Action: 10/23/2015 Current Licensee: TC3 Telecom, Inc. FROM: Joseph P. Mattausch Agreement of Trust TO: D&P Communications, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20041209-00492, held by TC3 Telecom, Inc. (TC3), a wholly-owned direct subsidiary of TC3 Leasing Company, Inc. (TLC), a Michigan corporation, from Joseph P. Mattausch Agreement of Trust (JPM Trust) (trustee Joseph P. Mattausch, a U.S. citizen), a State of Michigan organized trust, to D&P Communications, Inc. (D&P), a Michigan corporation. Applicants state that although TC3 has been wholly owned by the JPM Trust since TC3 filed its application for an international section 214 authorization in 2004, this fact was inadvertently omitted in the 214 application. Applicants also state that in 2008, there occurred a pro forma transaction that was not notified to the Commission, whereby TLC was inserted into the ownership structure. Both TLC and TC3 were wholly owned by JPM Trust until February 14, 2014, when JPM Trust, through Mr. Mattausch as Trustee, sold 100% of TLC's issued and outstanding stock to D&P. The transaction was not reported to the Commission, and its consent was not received for the transaction. Upon consummation, TLC and TC3 became, respectively, direct and indirect wholly owned subsidiaries of D&P. No shareholder owns 10 percent or more of the issued and outstanding stock of D&P. Applicants filed a request for Special Temporary Authority (STA), ITC-STA-20150820-00207, related to this transaction, which was granted September 29, 2015. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20151016-00239 E Google North America Inc. Transfer of Control Grant of Authority Date of Action: 10/28/2015 Current Licensee: Google North America Inc. FROM: Google Inc. TO: Alphabet Inc. Notification filed October 16, 2015, of the pro forma transfer of control of international section 214 authorization, ITC-214-20150312-00069, held by Google North America Inc. (Google North America), from its parent Google Inc. (Google), to Alphabet Inc., (Alphabet), a holding company created pursuant to an internal ongoing corporate reorganization, effective October 2, 2015. Pursuant to the underlying reorganization, Google became a direct, wholly-owned subsidiary of Alphabet, and Alphabet became the new ultimate parent of Google North America. Upon consummation, all issued and outstanding Google stock immediately prior to the transaction automatically converted into an equivalent corresponding share of Alphabet stock, and Google's stockholders immediately prior to the consummation of the transaction became stockholders of Alphabet. The directors of Alphabet are the same individuals who were the directors of Google immediately prior to the consummation of the transaction. The restructuring did not result in a change in the ultimate controlling shareholders of Google North America. ITC-T/C-20151020-00240 E Megaport (USA), Inc. Transfer of Control Grant of Authority Date of Action: 10/28/2015 Current Licensee: Megaport (USA), Inc. FROM: Bevan Slattery TO: Megaport Limited Notification filed October 20, 2015 of the pro forma transfer of control of international Section 214 authorization, ITC-214-20150416-00090, held by Megaport (USA), Inc. (Megaport USA), a Delaware corporation, from its controlling owner Bevan Slattery (Mr. Slattery), an Australian citizen, to a newly created holding company, Megaport Limited, an Australian unlisted public company, effective October 7, 2015. The underlying pro forma transaction consists of a two part corporate restructuring: First, Megaport USA changed its corporate format from a Delaware limited liability company to a Delaware corporation and changed its name from Megaport (USA), LLC, to Megaport (USA), Inc., effective July 31, 2015; Then, in a two-step measure completed on October 7, 2015, Mr. Slattery first created a holding company, Megaport Limited, to hold his interests in Megaport USA and certain affiliates, and then through a private placement with a limited number of investors and allocation of shares to employees, Mr. Slattery transferred 33 percent ownership interest in Megaport Limited to third party shareholders. At the time of creation, Mr. Slattery held 100 percent ownership interest in Megaport Limited, and now holds 67 percent of Megaport Limited's shares. Mr. Slattery continues to exercise control over both Megaport USA and Megaport Limited. 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: 2015-10-28 17:44:55
Document Modified: 2015-10-28 17:44:55
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