Public Notice TEL01794

International Telecommunications

Action Taken Public Notice

2016-05-26

FCC.report > IB > Public Notices > TEL01794

8 Filings Included [expand]

IBFS_PN_1136939

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. 16-585 Report No. TEL-01794 Thursday May 26, 2016 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-214-20150724-00185 E Reliance Jio Infocomm 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: 05/24/2016 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on May 20, 2016, by the U.S. Department of Justice ("DOJ"). Accordingly, we condition grant of this international section 214 application on compliance by Reliance Jio Infocomm USA, Inc. with the commitments and undertakings set forth in the February 12, 2016 letter from Joseph Harness, Secretary, Reliance Jio Infocomm USA, Inc. to the Assistant Attorney General, National Security Division, DOJ (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 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-214-20150724-00185 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 6

ITC-214-20160504-00148 E Primo Connect, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/20/2016 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-20160323-00125 E PBH Communications Services, LLC Assignment Grant of Authority Date of Action: 05/20/2016 Current Licensee: ARX Communications, LLC FROM: ARX Communications, LLC TO: PBH Communications Services, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20070928-00393, held by ARX Communications, LLC (ARX Communications) to PBH Communications Services, LLC (PBH Communications Services). Pursuant an agreement between the parties, PBH Communications Services will acquire the rights, title and interest in ARX Communications' international end user telecommunications contracts, including all of the current customers of ARX Communications that receive international telecommunications services. Upon closing, PBH Communications Services will provide services to its newly acquired customers pursuant to international section 214 authorization, ITC-214-20070928-00393. Applicants state that, upon closing of the proposed transaction, ARX Communications will continue to operate but will no longer provide international communications services. PBH Communications Services is owned by (1) Abdul Mohaymen Sahebzadah (50%), a U.S. citizen, and (2) Paul van Loon (50%), a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20160415-00143 E CoxCom, LLC Assignment Grant of Authority Date of Action: 05/25/2016 Current Licensee: EasyTEL Comm Carrier Corporation FROM: EasyTEL Comm Carrier Corporation TO: CoxCom, LLC Notification filed April 15, 2016, of the pro forma assignment of international section 214 authorization, ITC-214-20020509-00245, held by EasyTel Communications Carrier Corporation (EasyTel) to its parent CoxCom, LLC (CoxCom, LLC), effective March 31, 2016. Pursuant to an internal reorganization, on March 30, 2016, EasyTel was merged with and into EasyTel Merger Co. (EasyTel Merger), a Delaware corporation created to effectuate the pro forma transaction, with EasyTel Merger surviving the merger transaction. Then on March 31, 2016, EasyTel Merger was merged with and into CoxCom LLC, with CoxCom LLC emerging as the surviving entity. Page 2 of 6

ITC-T/C-20160119-00044 E Marlink, Inc. Transfer of Control Grant of Authority Date of Action: 05/24/2016 Current Licensee: Marlink, Inc. FROM: Airbus DS Holding SAS TO: Toruk AS Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20010529-00341, held by Astrium Services Business Communications, Inc. (ASBCI), a Deleware corporation, from Airbus DS Holding SAS (Airbus), a French entity, to Toruk AS (Toruk), a Norwegian private limited company. Pursuant to a December 17, 2015, Share Purchase Agreement, Toruk will purchase all of the outstanding shares of Astrium Services AS (Astrium), a Norwegian entity. Astrium is an indirect subsidiary of Airbus and the immediate parent of ASBCI. Upon closing, Astrium will become a direct subsidiary of Toruk and ASBCI an indirect subsidiary. Toruk is wholly owned by Makto S.a.r.l. (Makto), a Luxembourg entity, which in turn is owned by funds managed by the French private equity firm Apax Partners MidMarket SAS (APMM). APMM has indirect control over approximately 95% of the interests of Toruk. The following funds, all French entities and managed by APMM, have indirect ownership interests in Toruk: Apax France VIII-A (17%), Apax VIII-B (11%), Phenix (39%), Penix-B (12%), and Apax France IX-B (12%). The following individuals have a ten percent or greater indirect ownership interest in Toruk through their direct ownership in APPM: Edgard Misrahi (30%), Bertran Pivin (22%), Monique Cohen (18%), and Giles Rigal (15%), all French citizens. In addition, Altamir SCA, a French entity, has an 11% indirect interest in Toruk through its equity ownership in Apax France VIII-B, 12% through its equity ownership in Phenix, and a 12% interest through its equity ownership in Apax France IX-B. No other individuals or entities have a ten percent or greater interest in Toruk or ASBCI. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on May 24, 2016, by the U.S. Department of Justice ("DOJ"). Accordingly, we condition grant of this international section 214 transfer of control application on compliance by Marlink, Inc. with the commitments and undertakings set forth in the May 24, 2016 National Security Agreement between Marlink, Inc., Truk AS, on the one hand, and the U.S. Department of Justice on the other (NSA). 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 NSA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20160119-00044 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-20160422-00145 E ANPI, LLC Transfer of Control Grant of Authority Date of Action: 05/20/2016 Current Licensee: ANPI, LLC FROM: ANZ Communication, LLC TO: Onvoy, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19960209-00017, held by ANPI, LLC (ANPI), from its direct parent, ANZ Communication, LLC (ANZ Communications), to Onvoy, LLC (Onvoy). ANZ Communications is owned equally (50-50 percent) by Zone USA, Inc. (Zone), and ANPI Holding, Inc. (ANPI Holding). Pursuant to the terms of a Membership Interest Contribution and Purchase Agreement, executed between the parties on April 13, 2016, Onvoy and GTCR Onvoy Holdings, LLC (GTCR LLC), the indirect parent of Onvoy, will acquire all of the outstanding membership interests in ANZ Communications from Zone and ANPI Holding, and GTCR LLC will transfer all of the membership interests that it receives in ANZ Communications to Onvoy. After closing, ANPI will remain a direct wholly-owned subsidiary of ANZ Communication, which in turn will become a direct wholly-owned subsidiary of Onvoy. ANPI will become an indirect wholly-owned subsidiary of Onvoy and ultimately wholly owned by GTCR LLC. Onvoy is a direct wholly-owned subsidiary of Onvoy Intermediate Holdings, Inc., which in turn is a direct wholly-owned subsidiary of Onvoy Holdings, Inc., which in turn is a direct wholly-owned subsidiary of GTCR LLC. GTCR LLC is owned by the following U.S. entities: GTCR Fund X/A LP (Fund X/A) (61.79% direct), a Delaware limited partnership that has one limited partner that holds a ten percent or greater interest (12%); GTCR Fund X/C LP (Fund X/C) (17.69% direct), a Delaware limited partnership; GTCR Partners X/A&C LP (79.49% indirectly as the general partner of Funds X/A and X/C), a Delaware limited partnership; GTCR Investment X LLC (80.03% indirectly, as the general partner of GTCR Partners X/A&C LP and GTCR Co-Invest X LP (0.55% direct interest in GTCR LLC)), a Delaware limited liability company. The following individuals are members of the board of managers of GTCR Investment X LLC: Mark M. Anderson, Craig A. Bondy, Philip A. Canfield, David A. Donnini, Constantine S. Mihas, Collin E. Roche, Sean L. Cunningham, and Aaron D. Cohen, all U.S. citizens. Applicants state that no other person or entity will own ten percent or greater direct or indirect ownership interest in ANPI through Onvoy. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

ITC-T/C-20160422-00146 E ANPI Business, LLC Transfer of Control Grant of Authority Date of Action: 05/20/2016 Current Licensee: ANPI Business, LLC FROM: ANZ Communication, LLC TO: Onvoy, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20000717-00403, held by ANPI Business, LLC (ANPI-Biz), from its direct parent, ANZ Communication, LLC (ANZ Communications), to Onvoy, LLC (Onvoy). ANZ Communications is owned equally (50-50 percent) by Zone USA, Inc. (Zone), and ANPI Holding, Inc. (ANPI Holding). Pursuant to the terms of a Membership Interest Contribution and Purchase Agreement, executed between the parties on April 13, 2016, Onvoy and GTCR Onvoy Holdings, LLC (GTCR LLC), the indirect parent of Onvoy, will acquire all of the outstanding membership interests in ANZ Communications from Zone and ANPI Holding, and GTCR LLC will transfer all of the membership interests that it receives in ANZ Communications to Onvoy. After closing, ANPI-Biz will remain a direct wholly-owned subsidiary of ANZ Communication, which in turn will become a direct wholly-owned subsidiary of Onvoy. ANPI-Biz will become an indirect wholly-owned subsidiary of Onvoy and ultimately wholly owned by GTCR LLC. Onvoy is a direct wholly-owned subsidiary of Onvoy Intermediate Holdings, Inc., which in turn is a direct wholly-owned subsidiary of Onvoy Holdings, Inc., which in turn is a direct wholly-owned subsidiary of GTCR LLC. GTCR LLC is owned by the following U.S. entities: GTCR Fund X/A LP (Fund X/A) (61.79% direct), a Delaware limited partnership that has one limited partner that holds a ten percent or greater interest (12%); GTCR Fund X/C LP (Fund X/C) (17.69% direct), a Delaware limited partnership; GTCR Partners X/A&C LP (79.49% indirectly as the general partner of Funds X/A and X/C), a Delaware limited partnership; GTCR Investment X LLC (80.03% indirectly, as the general partner of GTCR Partners X/A&C LP and GTCR Co-Invest X LP (0.55% direct interest in GTCR LLC)), a Delaware limited liability company. The following individuals are members of the board of managers of GTCR Investment X LLC: Mark M. Anderson, Craig A. Bondy, Philip A. Canfield, David A. Donnini, Constantine S. Mihas, Collin E. Roche, Sean L. Cunningham, and Aaron D. Cohen, all U.S. citizens. Applicants state that no other person or entity will own ten percent or greater direct or indirect ownership interest in ANPI-Biz through Onvoy. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-20020416-00187 Telinta, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective May 10, 2016. 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: None. 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 Telecommunications and Analysis Division, (202) 418-1480. Page 6 of 6


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Document Modified: 2016-05-25 18:27:45
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