Public Notice TEL01768

International Telecommunications

Action Taken Public Notice

2015-12-24

FCC.report > IB > Public Notices > TEL01768

12 Filings Included [expand]

IBFS_PN_1119529

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. 15-1492 Report No. TEL-01768 Thursday December 24, 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-214-20141230-00328 E IVDA Resources, 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: 12/18/2015 Request for 214 authority to offer global or limited global facilities and resale authority pursuant to 63.18(e)(1) and (2) ITC-214-20150412-00089 E D3UC 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: 12/18/2015 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 7

ITC-214-20151117-00272 E Interactive Intelligence Telecom, Inc. International Telecommunications Certificate Service(s): Other (Section 63.18(e)(6)) Grant of Authority Date of Action: 12/18/2015 Application for Authority to provide VoIP international calling service to all countries where, to the best of Interactive Intelligence Telecom, Inc's knowledge, services have been approved by the FCC. ITC-214-20151124-00283 E Stanton Telecom, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/18/2015 Application for Authority to Provide International Resold Services to All International Points ITC-ASG-20151016-00238 E X5 OpCo LLC Assignment Grant of Authority Date of Action: 12/22/2015 Current Licensee: NovaTel Ltd., Inc. FROM: NovaTel Ltd., Inc. TO: X5 OpCo LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20010719-00393, held by Novatel Ltd., Inc. (Novatel), a Texas corporation, to X5 OpCo LLC (X5 OpCo), a Delaware limited liability company. Pursuant to an assets purchase agreement, X5 OpCo will acquire substantially all of the assets of Novatel, including its international section 214 authorization, ITC-214-20010719-00393, and upon closing X5 OpCo will provide telecommunications services to Novatel's customers. X5 OpCo is wholly-owned by X5 Holdings LLC (X5 Holdings), a Delaware limited liability company that is in turn majority owned by X5 Partners LLC (X5 Partners), a Delaware limited liability company (70.2%). X5 Partners is owned by NewSpring Holdings LLC (NewSpring Holdings), a Delaware limited liability company (68.0%) and NewSpring Holdings Parallel LLC (NewSpring Holdings Parallel), a Delaware limited liability company (32.0%). X5 OpCo is ultimately controlled by NewSpring Holdings Management Company LLC (NewSpring), a Delaware limited liability company. NewSpring is managed by Walter P. Maner and James Ashton, both U.S. citizens. NewSpring is the non-member manager of X5 Partners and the member manager of NewSpring Holdings and NewSpring Holdings Parallel. Ohana Holdings, LLC (Ohana Holdings), a Delaware limited liability company holds 40.3% equity interest in NewSpring Holdings, and is in turn wholly owned by the Pierre M. Omidyar Trust (100%). The trustees of the Pierre M. Omidyar Trust are Pierre M. Omidyar and Michael G. Mohr, both U.S. citizens. The sole beneficiary of the trust is Pierre M. Omidyar. NewSpring Holdings Parallel is owned by Carbon Investments LLC (98%), which is in turn majority owned by the Charles G. Koch 1997 Trust (75%). The sole trustee and beneficiary of the Charles G. Koch 1997 Trust is Charles G. Koch, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20151117-00271 E Pineland Telephone Cooperative, Inc. Assignment Grant of Authority Date of Action: 12/23/2015 Current Licensee: Pineland PCS, Inc. FROM: Pineland PCS, Inc. TO: Pineland Telephone Cooperative, Inc. Notification filed November 17, 2015, of the pro forma assignment of international section 214 authorization, ITC-214-19990208-00061, held by Pineland PCS, Inc. (Pineland PCS), a Georgia corporation, to its 100 percent parent Pineland Telephone Cooperative, Inc. (Pineland Telephone Cooperative), effective November 1, 2015. After closing, Pineland PCS continued to provide services, and Pineland Telephone Communications, Inc. (Pineland Telephone Communications), a Georgia corporation that is also wholly-owned by Pineland Telephone Cooperative, began providing resold international service under the authority of Pineland Telephone Cooperative's international section 214 authorization, ITC-214-19990208-00061, pursuant to Section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). Page 2 of 7

ITC-T/C-20150112-00008 E Transtelco, Inc. Transfer of Control Grant of Authority Date of Action: 12/11/2015 Current Licensee: Transtelco, Inc. FROM: Transtelco, Inc. TO: Transtelco Holding, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070228-00088, held by Transtelco, Inc. (Transtelco), to Transtelco Holding, Inc. (THI). On May 1, 2010, Transtelco undertook a corporate reorganization in which THI was formed as a holding company with a 100 percent direct ownership of Transtelco. Prior to that, Miguel Fernandez and Rodrigo Fernandez, both U.S. citizens who are brothers, had control of Transtelco. Axiscom, SA. De CV (Axiscom), a Mexican company, held an approximately 26% ownership share of Transtelco. Upon closing of the May 1, 2010 transaction that established THI, the holdings of the Fernandez brothers in Transtelco were reduced with each brother holding 26.15% ownership in THI (and combined approximately 52.3% interest), and Axiscom holding a 40% interest in THI. According to applicant, the additional investment from Axiscom in 2010 did not affect the controlling interests of Miguel and Rodrigo Fernandez in Transtelco and THI. On December 26, 2012, Miguel and Rodrigo Fernandez were divested of positive control of THI and Transtelco, leaving the company with no single controlling shareholder or control group. This occurred when the shareholders sold additional shares in THI amounting to a 15% ownership to Finestra, SA de CV, a Mexican holding company. Transtelco remains a wholly-owned subsidiary of THI, and the following individuals and entities have a ten percent or greater direct ownership in THI: Miguel Fernandez (20%), Rodrigo Fernandez (20%), Axiscom (39.1%), and Finestra (15%). Fernando de Jesus Canales Clariond, a Mexican citizen, holds a 99.99% ownership interest in Finestra. Aida Floridet del Carmen Destarac Saenz, a citizen of Mexico, holds a 29.25% ownership interest in Axiscom. No other entity or individual holds a ten percent or greater direct or indirect equity or voting interest in THI or Transtelco. Applicants filed a request for Special Temporary Authority (STA) related to this transaction, ITC-STA-20150112-00010, which was granted on January 30, 2015. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20151105-00252 E Equivoice Holdings, Inc. Transfer of Control Grant of Authority Date of Action: 12/18/2015 Current Licensee: Equivoice Holdings, Inc. FROM: Richard Pierce TO: Scott Grau Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20051102-00446, held by Equivoice Holdings, Inc. (Equivoice Holdings), an Illinois corporation, from Richard Pierce, a U.S. citizen, to Scott Grau, a U.S. citizen. Currently, Equivoice Holdings is equally owned and controlled by Scott Grau (50%) and Richard Pierce (50%). Pursuant to a Stock Purchase Agreement, Scott Grau will acquire Richard Pierce's 50 percent ownership interest in Equivoice Holdings and its wholly-owned subsidiary, Equivoice Cruise, LLC (Equivoice Cruise), an Illinois limited liability company. Upon closing, Scott Grau will own and control 100 percent of Equivoice Holdings and Equivoice Cruise. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20151105-00253 E Matrix Telecom, Inc. Transfer of Control Grant of Authority Date of Action: 12/18/2015 Current Licensee: Matrix Telecom Inc. FROM: Impact Telecom, Inc. TO: Garrison TNCI LLC Application filed for consent to the transfer of control of international section 214 authorizations, ITC-214-19900713-00004, ITC-214-19930330-00053, ITC-214-19940830-00266, ITC-214-19970415-00212, ITC-214-19980507-00300, and ITC-214-19980915-00644, held by Matrix Telecom, Inc. (Matrix), a Texas corporation that is wholly owned by Impact Telecom, Inc. (Impact), a Nevada corporation, to Garrison TNCI LLC (Garrison), a Delaware limited liability company. Pursuant to a November 3, 2015 Securities Purchase Agreement, Impact Acquisition LLC (Acquisition), a Delaware limited liability company formed by TNCI Impact, LLC (TNCI Impact), a Delaware limited liability company that is wholly owned by Garrison, will acquire all the equity of Impact. Upon closing, Garrison will become the ultimate majority owner (90%) of Acquisition, and the indirect ownership of Matrix and its wholly owned subsidiary Matrix Telecom of Virginia, Inc. (Matrix-VA), will be transferred to Acquisition. The following U.S. entities, will hold ten percent or greater direct or indirect ownership interest in Garrison upon closing: (1) Garrison Opportunity Fund III A LLC (GOF-III-A) (64.25% direct interest) (Managing member Garrison Opportunity Fund III A MM LLC (GOF-III-A-MM)). Garrison Opportunity Fund III A Holdings MM LLC (GOF-III-A-Holdings) is the managing member of GOF-III-A-MM; (2) GOF II A Series A-2 LLC (35.75% direct interest). Garrison Opportunity Fund II A LLC (GOF-II-A) holds 100 percent equity and voting interest in GOF II A Series A-2 LLC. Garrison Opportunity Fund MM II A LLC (GOF-MM-II-A) is the managing member of GOF-II-A. Garrison Opportunity Fund II A MM LLC (GOF-II-A-Holdings) holds 100 percent equity in and is the managing member of GOF-MM-II-A. Joseph Tansey and Steven Stuart, both U.S. citizens, each hold 25 percent of the equity and 50 percent of the voting rights in GOF-III-A-Holdings and GOF-II-A-Holdings. Applicants state that no other entity or individual, directly or indirectly holds a 10 percent or greater ownership interest in Garrison. Upon closing, Matrix-VA will continue to provide international services under authority of Matrix's international Section 214 authorizations, pursuant to section 63.21(h) of the Commission's rules. See 47 C.F.R. § 63.21(h). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20151111-00260 E Equivoice, Inc. Transfer of Control Grant of Authority Date of Action: 12/18/2015 Current Licensee: Equivoice, Inc. FROM: Marcus McEwen TO: MNJ Technology Services LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20140303-00093, held by Equivoice, Inc. (Equivoice), an Illinois company, from its sole owner, Marcus McEwen, to MNJ Technology Services LLC (MNJ Technology Services), an Illinois limited liability company. Pursuant to a Stock Purchase Agreement, MNJ Technology Services will acquire all of Marcus McEwen's 100 percent ownership interest in Equivoice. Upon closing, Equivoice will become a wholly owned subsidiary of MNJ Technology Services LLC (MNJ Technology Services), an Illinois limited liability company. MNJ Technology Services is wholly-owned by MNJ Technologies Direct, Inc., which is in turn wholly-owned by Susan Kozak, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20151120-00278 E Allo Communications LLC Transfer of Control Grant of Authority Date of Action: 12/18/2015 Current Licensee: Allo Communications LLC FROM: Allo Communications LLC TO: Nelnet, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20081029-00480, held by Allo Communications LLC (Allo), a Nebraska limited liability company, to Nelnet, Inc. (Nelnet), a Nebraska corporation. Pursuant to a November 16, 2015 Membership Unit Purchase Agreement, Nelnet will acquire 92.5 % of the equity and membership units of Allo, which will then become a direct subsidiary of Nelnet. Upon consummation, the following two individuals, both U.S. citizens, will hold 10% or greater direct ownership interests in Nelnet, and indirect interests in Allo: Michael S. Dunlap (25%) and Angela Muhleisen (12%). No other entity or individual will hold 10 percent or greater membership interest in Allo post-closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 4 of 7

ITC-T/C-20151126-00285 E International Telcom, Ltd. d/b/a Kallback Transfer of Control Grant of Authority Date of Action: 12/18/2015 Current Licensee: International Telcom, Ltd. d/b/a Kallback FROM: Yvette Melendez TO: SwiftReach Networks Inc Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19961031-00548, held by International Telcom, Ltd. d/b/a Kallback (International Telcom), a Delaware corporation, from its 100 percent owner Yvette Eisenberg Melendez, to SwiftReach Networks, Inc. (SwiftReach Networks). Pursuant to a November 25, 2015 Stock Purchase Agreement, SwiftReach Networks will acquire all of the issued and outstanding stock in International Telcom. After closing, International Telcom will become a wholly owned direct subsidiary of SwiftReach Networks. SwiftReach Networks is wholly-owned by Afognak Holdings, Inc. (Afognak Holdings), a Delaware corporation. The following individuals, all U.S. citizens, hold ten percent or greater ownership interests in Afognak Holdings: Jeffrey Alward (36.5%), Alward 2015 Children's Trust (36.5%), and Nick Felmlee (24%). The trustee of the Alward 2015 Children's Trust is Belinda Alward, and the beneficiaries are three children of Kevin and Belinda Alward. This authorization is without prejudice to the Commission's action in any other related pending proceedings. 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


Document Created: 2015-12-23 16:17:48
Document Modified: 2015-12-23 16:17:48
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