Public Notice TEL01765

International Telecommunications

Action Taken Public Notice

2015-12-10

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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. 15-1406 Report No. TEL-01765 Thursday December 10, 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-214-20151027-00246 E NEOLINK TELECOM, INC. International Telecommunications Certificate Service(s): Individual Switched Resale Service Grant of Authority Date of Action: 12/04/2015 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-214-20151106-00265 E FARMERS MUTUAL TELEPHONE COMPANY International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/04/2015 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-214-20151106-00269 E Project Mutual Telephone Cooperative Association, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/04/2015 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 6

ITC-214-20151109-00268 E NetworkStack Technologies, 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: 12/04/2015 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-214-20151110-00270 E Netcom Systems Group, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/04/2015 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-214-20151111-00267 E Alta Municipal Utilities International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/04/2015 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-214-20151112-00264 E Federated Telephone Cooperative International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/04/2015 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-214-20151116-00274 E Syringa Networks, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/04/2015 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-214-20151116-00275 E LDI Networks Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/04/2015 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-20151120-00277 E CornerStone Telephone Company, LLC Assignment Grant of Authority Date of Action: 12/09/2015 Current Licensee: Public Interest Network Services, Inc. FROM: Public Interest Network Services, Inc. TO: CornerStone Telephone Company, LLC Notification filed November 20, 2015, of pro forma assignment of international section 214 authorization, ITC-214-20110131-00021, from Public Interest Network Services, Inc. (Public Interest) to CornerStone Telephone Company, LLC (CornerStone), effective November 17, 2015. In a corporate reorganization, Public Interest assigned its international section 214 authorization to its 100% direct parent, CornerStone. Post transaction, Public Interest provides international services under authority of CornerStone's international Section 214 authorization, ITC-214-20110131-00021, pursuant to section 63.21(h) of the Commission's rules. See 47 C.F.R. § 63.21(h). Page 2 of 6

ITC-T/C-20150929-00230 E OnStar, LLC Transfer of Control Grant of Authority Date of Action: 11/20/2015 Current Licensee: OnStar, LLC FROM: General Motors Company (UST Controlled BoD) TO: General Motors Company Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070823-00346, held by OnStar, LLC (OnStar), a Delaware limited liability company, from the previous board of directors of its parent company General Motors Company (GM), a publicly-traded Delaware corporation, to the current board of directors of GM. GM's board of directors was previously controlled by the United States Treasury (UST) due to its majority shareholder interests and power to designate more than half of the members of GM's initial board of directors. GM is now controlled by its diverse shareholder base and current board of directors. Applicants state that the transfer of control from the previous board of directors of GM to the current board of directors occurred without the Commission's knowledge or prior approval when the UST divested its ownership interest and GM became controlled by its diverse shareholder base and current board of directors, who were elected after the UST divested all of its shares. Applicant states that on July 16, 2009, the Commission granted consent to the transaction that permitted General Motors Corporation, Debtor-In-Possession (GM-DIP), to transfer its assets, including international Section 214 authorization, ITC-214-20070823-00346, to GM, whose board of directors was controlled by the UST. Subsequently, GM-DIP exited bankruptcy protection in July 2009, and on November 24, 2009, OnStar notified the Commission of an internal corporate restructuring. Upon consummation of the restructuring, OnStar was indirectly controlled by four entities: (1) UST, which held 60.8 percent of GM's outstanding shares; (2) UAW Retiree Medical Benefits Trust (VEBA), which held 17.5 percent of GM's outstanding shares; (3) 7176384 Canada, Inc., a wholly-owned subsidiary of the Canadian Development Investment Corporation (CDIC), which held 11.7 percent of GM's outstanding shares; and (4) Motors Liquidation Company (Old GM), which held 10 percent of GM's outstanding shares. On November 17, 2010, the UST's interest in GM's outstanding stock fell below 50 percent when the UST sold shares in GM's initial public offering, and on November 18, 2010, the UST no longer had the power to designate nominees for election to GM's board of directors. The UST sold its remaining shares in GM in 2013. CDIC divested its remaining shares in GM in 2015. Old GM and VEBA reduced their holdings in GM's outstanding stock, and currently each holds less than 10 percent of GM's outstanding stock. GM's outstanding stock is now widely held, and there are no 10 percent or greater equity or voting interests. The following members of GM's current board of directors were elected at GM's 2015 Annual Meeting: Mary T. Barra, Joseph J. Ashton, Stephen J. Girsky, Linda R. Gooden, Joseph Jimenez, Kathryn V. Marinello, James J. Mulva, Admr. Michel G. Mullen, (USN ret.), Patricia F. Russo, Thomas M. Schoewe, Theodore M. Solso, all U.S. citizens, and Carol M. Stephenson, who is a Canadian citizen. Applicant filed a request for Special Temporary Authority (STA), ITC-STA-20151022-00243, related to this transaction, which was granted on October 30, 2015. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20151030-00258 E ITC Global Transfer of Control Grant of Authority Date of Action: 12/09/2015 Current Licensee: ITC Global FROM: Panasonic Corporation of North America TO: Panasonic Avionics Corporation Notification filed October 30, 2015, of pro forma transfer of control of international section 214 authorization, ITC-214-20110609-00184, held by ITC Global, from Panasonic Corporation of North America (PNA) to Panasonic Avionics Corporation (Avionics), effective October 29, 2015. In a corporate reorganization, PNA transferred control of ITC Global to Avionics, a wholly-owned subsidiary of PNA. ITC-T/C-20151124-00280 E Telefonica Digital Inc. Transfer of Control Grant of Authority Date of Action: 12/09/2015 Current Licensee: Telefonica Digital Inc. FROM: Telefonica Europe plc TO: Telefonica Digital Limited Notification filed November 24, 2015, of the transfer of control of international section 214 authorization, ITC-214-20121106-00284, held by Telefonica Digital Inc. f/k/a Jajah, Inc. (Jajah) (TDI), from its direct parent Telefonica Europe plc (Telefonica Europe) to affiliate Telefonica Digital Limited (TD Ltd.), effective October 27, 2015. TD Ltd., an United Kingdom entity, purchased all of TDI's issued share capital from Telefonica Europe. After closing, TDI became a wholly owned direct subsidiary of TD Ltd. Both Telefonica Europe and TD Ltd. are wholly-owned indirect subsidiaries of Telefonica S.A., a holding company located in Spain. INFORMATIVE ITC-214-20090831-00403 GTI Corporation By letter dated November 30, 2015, Applicant notified the Commission that GTI Corporation d/b/a GTI Telecom will be discontinuing its provision of Call-on-Demand service effective December 31, 2015. Page 3 of 6

INFORMATIVE ITC-214-20110309-00066 West IP Communications, Inc. On July 24, 2015, the Commission was notified that Smoothstone IP Communications Corporation has changed its name to West IP Communications, Inc. SURRENDER ITC-214-19981207-00852 Allstream Fiber US, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 25, 2015 Page 4 of 6

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 5 of 6

(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 6 of 6


Document Created: 2015-12-09 18:44:28
Document Modified: 2015-12-09 18:44:28
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