Public Notice TEL01798

International Telecommunications

Action Taken Public Notice

2016-06-09

FCC.report > IB > Public Notices > TEL01798

17 Filings Included [expand]

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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. 16-642 Report No. TEL-01798 Thursday June 9, 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-214-20150703-00175 E Speedtel 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: 05/26/2016 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). ITC-214-20150706-00174 E VueTel 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: 05/26/2016 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). Page 1 of 7

ITC-214-20160509-00152 E PEG Bandwidth, 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: 06/03/2016 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). ITC-ASG-20160503-00147 E Winnebago Cooperative Telecom Association Assignment Grant of Authority Date of Action: 06/03/2016 Current Licensee: Crystal Communications, Inc. FROM: Crystal Communications, Inc. TO: Winnebago Cooperative Telecom Association Application filed for consent to the partial assignment of assets held by Crystal Communications, Inc. (Crystal) to Winnebago Cooperative Telecom Association (Winnebago). Crystal and Consolidated Communications of Iowa Company f/k/a Heartland Telecommunications Company of Iowa (Heartland) are direct wholly-owned subsidiaries of Consolidated Communications, Inc. (CCI). In the first step of a two-step transaction, CCI will transfer ownership and control of Heartland to Mutual Telephone Company of Sioux Center, Iowa d/b/a Premier Communications (Mutual). In step two, Mutual will assign Heartland's customer base located in Bancroft, Iowa and Lakota, Iowa, to Winnebago. Since Crystal provides the long distance services, including international service, to Heartland's customers, Crystal will assign the long distance services for those customers to Winnebago. Upon consummation of the transaction, Crystal will continue to serve its remaining customers pursuant to its international section 214 authorization, ITC-214-19971029-00668, while Winnebago will provide services to its newly assigned customers pursuant to its existing international section 214 authorization, ITC-214-20080521-00228. Winnebago is a cooperative association of which no member holds ten percent or greater ownership interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20160503-00150 E Premier Communications Assignment Grant of Authority Date of Action: 06/03/2016 Current Licensee: Crystal Communications, Inc. FROM: Crystal Communications, Inc. TO: Premier Communications Application filed for consent to the partial assignment of assets held by Crystal Communications, Inc. (Crystal) to Premier Communications, Inc. (Premier). Crystal and Consolidated Communications of Iowa Company f/k/a Heartland Telecommunications Company of Iowa (Heartland) are direct wholly-owned subsidiaries of Consolidated Communications, Inc. (CCI). In the first step of a two-step transaction, ownership and control of Heartland will be transferred from CCI to Mutual Telephone Company of Sioux Center, Iowa d/b/a Premier Communications (Mutual), the direct 100 percent parent of Premier. Since Crystal provides the long distance services, including international service, to Heartland's customers, in step two Crystal will assign the long distance services it currently provides to Heartland local exchange customers (other than those in Bancroft and Lakota exchanges in Iowa) to Premier, an affiliate of Heartland, which will provide long distance service to the Heartland customers after consummation. Upon consummation of the transaction, Crystal will continue to serve its remaining customers in other geographic areas pursuant to its international section 214 authorization, ITC-214-19971029-00668, while Premier will provide services to its newly assigned customers pursuant to its existing international section 214 authorization, ITC-214-19970905-00537. No individual or entity has a ten percent or great direct or indirect equity or voting interest in Mutual or Premier. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 7

ITC-T/C-20150521-00129 E Selectel, Inc. Transfer of Control Grant of Authority Date of Action: 05/26/2016 Current Licensee: Selectel, Inc. FROM: Selectel, Inc. TO: Compass Atlantic Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20090326-00133, held by SelecTel, Inc. (SelecTel), from its current shareholders to Compass Atlantic Inc. (Compass Atlantic). Currently, SelecTel is owned by three shareholders, Teri L. O'Flaherty, Matthew O'Flaherty, and Stacy Hergenrader, each of whom holds 33.33 percent of the stock of SelecTel. Compass Atlantic will acquire all of the stock of Teri L. O'Flaherty and Stacy Hergenrader, amounting to 66.67 percent of the outstanding stock of SelecTel. Thus, upon closing Compass Atlantic will own directly 66.67 percent of the outstanding stock of SelecTel and Matthew O'Flaherty will continue to hold the remaining 33.33 percent stock. Selectel is a newly formed Delaware company that is wholly owned by Compass Capital Incorporated (Compass Capital), an entity organized under the laws of the province of Ontario, Canada. Compass Capital is 100 percent owned by The CC Trust (2014), a trust formed in Ontario, Canada. The beneficiaries of the trust are (i) the issue of Grant Hood, a Canadian citizen (Mr. Hood), (ii) 2445506 Ontario Inc., an Ontario, Canada corporation, which is wholly owned by Mr. Hood, and (iii) any corporation wholly owned by any one or more of the beneficiaries. According to applicants, Mr. Hood will hold an ultimate indirect 66.67 percent ownership interest in the outstanding stock of SelecTel. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20150824-00214 E Western Wireless International Bolivia LLC dba Trilogy Dominicana S.A. Transfer of Control Grant of Authority Date of Action: 05/31/2016 Current Licensee: Western Wireless International Bolivia LLC dba Trilogy Dominicana S.A. FROM: Trilogy International Dominican Republic LLC TO: Trilogy International Dominican Republic LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20021021-00502, held by Western Wireless International Bolivia LLC dba Trilogy Dominicana S.A. (Trilogy Dominicana), from Trilogy International Dominican Republic LLC (Trilogy International), to Servicios Ampliados de Teléfonos, S.A. (SATEL). Trilogy Dominicana is a wholly owned subsidiary of All American Cables & Radio, Inc. - Dominican Republic (AACRI), a Grand Cayman Islands corporation, which in turn is a wholly owned subsidiary of Trilogy International. SATEL will acquire AACRI and thus indirect control of the stock of Trilogy Dominicana including the interests of Trilogy Dominicana in IRUs for undersea cable capacity between the United States and the Dominican Republic, its rights and obligations under all its international telecommunications traffic exchange agreements, and its ownership of facilities used for the provision of international telecommunications services. Upon consummation, AACRI and Trilogy Dominicana will become wholly owned direct and indirect subsidiaries of SATEL, respectively. SATEL, a Domican Republic entity, is majority owned by its president, Ivette Esmeralda Gómez Gómez (approx. 97%), a Dominican Republic citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20151112-00261 E Logix Communications, LP Transfer of Control Grant of Authority Date of Action: 05/26/2016 Current Licensee: Logix Communications, LP FROM: Ron Henriksen TO: Logix Acquisition Company, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970409-00200, held by Logix Communications, LP (Logix), a Texas limited partnership, from Ronald W. Henriksen, a U.S. citizen, to Logix Acquisition Company, LLC (LAC), a Delaware limited liability company. Mr. Henriksen indirectly owns and controls Logix through his ownership and control of LOGIX Holding Company (HoldCo), the indirect parent of Logix. Pursuant to an October 29, 2015 Stock Purchase Agreement, LAC will acquire all of the issued and outstanding stock of HoldCo. Upon closing Holdco will become a direct subsidiary of LAC and thus Logix will be an indirect subsidiary of LAC. LAC is a wholly-owned subsidiary of LOGIX Intermediate Holding Corporation (Sub-Parent), which is wholly owned by LOGIX Parent Corporation (Parent). The following hold direct ownership in Parent: (1) Astra-LOGIX Holdings, LLC (Astra Holdings) (6%); (2) LOGIX Co-Invest I, LLC (LOGIX Co-Invest) (35%); and (3) WRA-Astra Logix Investors LLC (WRA-Astra Logix Investors) (sole member WRA-Logix Investors LLC (WRA-Logix Investors), a Delaware limited liability company) (59%). The following three individuals, all U.S. citizens, hold a ten percent or greater direct interest in Astra Holdings: Mark J. Johnson (50%), Matthew M. Murphy (25%), and Kevin L. Beebe (25%). The sole member of Logix Co-Invest is Secondary Opportunities Fund III LP (SOF III) (100%), a UK investment fund, located in the Cayman Islands, and Astra-Logix Manager, LLC (Astra Manager) is the manager of Logix Co-Invest. The sole member and manager of Astra Manager is Mr. Johnson. The following entities hold ten percent or greater direct interest in SOF III: (1) Leonardo Secondary Opportunities Fund III (GP) Limited (Leonardo SOF III), a Cayman Islands investment fund (General Partner of SOF III); and (2) Leonardo Secondary Opportunities Fund III (Alternate GP) LP (Leonardo SOF III-Alt-GP) (less than 0.01% as the second General Partner of SOF III), is wholly-owned by Leonardo SOF III. Leonardo SOF III is wholly owned by Intertrust Fund Services Limited (Intertrust Fund), a Cayman Islands Company. The direct parent of Intertrust Fund is Intertrust NV (100%), a Netherlands publicly-traded company. The Blackstone Group L.P. (Blackstone), a U.S.-based publicly-traded multinational investment group, holds 46.4 percent interest in Intertrust NV. WRA-Logix Investors is wholly owned by WRA-Logix Holdings Ltd. (WRA-Logix Holdings), a Bermuda company that is the sole member of WRA-Logix Investors. WRA-Logix Holdings is wholly owned by its sole shareholder Wafra Real Assets & Infrastructure Fund I L.P. (Wafra Real Assets & Infrastructure Fund I), a Cayman Islands close-ended investment fund. The following entities hold ten percent or greater direct interest in Wafra Real Assets & Infrastructure Fund I: (1) WRAIF I GP L.P. (General Partner of Wafra Real Assets & Infrastructure Fund I), a Cayman Islands company, of which WRAIF I GP Ltd. is the ultimate General Partner; and (2) Public Institution for Social Security, an autonomous agency of the Government of Kuwait, (95.24 % limited partnership interest in Wafra Real Assets & Infrastructure Fund I). No other entity or individual directly or indirectly holds a ten percent or greater ownership interest in LAC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Dismissal ISP-PDR-20150612-00005 TeleGuam Holdings, LLC By letter filed June 2, 2016, Applicant notified the Commission of the withdrawal of its petition for declaratory ruling. ITC-214-20150915-00221 Telcan America, Inc. By letter filed May 15, 2016, Applicant notified the Commission of the withdrawal of its international section 214 application. ITC-T/C-20150612-00146 Telekomunikasi Indonesia International (USA) Inc. By letter filed June 2, 2016, Applicant notified the Commission of the withdrawal of its international section 214 application for transfer of control. INFORMATIVE ITC-214-19990824-00529 Farmers Telecommunications Corporation On April 25, 2016, the Commission was notified that Farmers Long Distance, Inc. has changed its name to Farmers Telecommunications Corporation. ITC-214-20000927-00570 Level 3 Telecom Holdings, LLC By letter dated May 25, 2016, Applicant notified the Commission that Level 3 Telecom of Oregon, LLC will be discontinuing its certain voice services in the Portland, Oregon metropolitan area on or around August 25, 2016. ITC-214-20150605-00136 X5 OpCo LLC By letter filed May 31, 2016, Applicant notified the Commission that the following wholly-owned subsidiary may provide international telecommunications service under the international section 214 authorization held by the applicant, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): X5 International LLC. ITC-214-20160226-00112 Sky Long Distance, Inc. On May 16, 2016, the Commission was notified that Ziga Internaitonal, Inc. has changed its name to Sky Long Distance, Inc. Page 4 of 7

SURRENDER ITC-214-20090223-00101 Nexus Communication, Inc. dba TSI Applicant notified the Commission of the Surrender of its international section 214 authorization effective June 2, 2016. ITC-214-20150708-00171 Reycom LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective April 29, 2016. 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: 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 7 of 7


Document Created: 2016-06-08 17:02:00
Document Modified: 2016-06-08 17:02:00
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