Public Notice TEL01808

International Telecommunications

Action Taken Public Notice

2016-08-18

FCC.report > IB > Public Notices > TEL01808

11 Filings Included [expand]

IBFS_PN_1146490

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. 16-939 Report No. TEL-01808 Thursday August 18, 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 47 CFR § 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. Page 1 of 5

ISP-PDR-20140716-00009 E Limitless Mobile, LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 08/10/2016 Limitless Mobile, LLC (Limitless) and its 100 percent parent company, Limitless Mobile Holdings, LLC (LMH) (together, Petitioners) have filed a petition for declaratory ruling (Petition), as modified on July 30, 2015, pursuant to section 1.990(a)(1) of the Commission's rules, 47 CFR § 1.990(a)(1), that the public interest would be served by allowing foreign ownership of Limitless to exceed the 25 percent benchmark in section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. § 310(b)(4). Petitioners state that Limitless holds Personal Communications Service (PCS) licenses in several markets in the northeastern U.S. It also holds numerous private microwave licenses. Limitless is a member managed Delaware limited liability company whose sole member is LMH, also a Delaware limited liability company. According to the Petition, LMH is owned by more than a dozen investors and is controlled by an investor group comprised of LMH's principal equity investors, each of which is a U.S. citizen: Richard B. Worley (25.22% equity and 25.52% voting interests, including fractional interests held by his wife (approximately 1%) and by two family trusts (each less than 2%) of which Mr. Worley serves as trustee); Sarah Miller Coulson (18.98% equity and 19.07% voting interests); and Peter Morse (11.07% equity and 11.44% voting interests, including the interest held by the Morse Charitable Foundation, Inc. (less than 1%) of which Mr. Morse serves as a director and officer). Pursuant to section 1.991(i) of the rules, Petitioners request that the Commission specifically approve the uninsulated membership interests held by two non-U.S. citizens: Atte Miettinen, a citizen of Finland (0.430% equity and 0.452% voting interests), and James Edward Croal, a U.K. citizen (0.289% equity and 0.141% voting interests). Messrs. Miettinen and Croal serve as LMH's Chief Executive Officer and Chief Technology Officer, respectively. As such, their membership interests are not insulated within the meaning of section 1.993 of the Commission's rules and thus require specific approval under section 1.991(i). (See also 47 CFR § 1.992(b)(2)(ii)(A).) Petitioners state that aggregate foreign ownership of LMH at present is otherwise below the 25 percent amount specified in section 310(b)(4) (2.603% equity and 0.593% voting interests). Pursuant to section 1.991(k) of the rules, Petitioners additionally seek advance approval for Messrs. Miettinen and Croal to hold, individually and in the aggregate, up to and including ten percent of the equity and/or voting interests in LMH to account for fluctuations in ownership percentages as a result of future capital calls and to account for any additional membership units that may be issued to Mr. Miettinen in the future. Pursuant to the rules and policies established by the Commission's Foreign Ownership Second Report and Order, we find that the public interest would not be served by prohibiting foreign ownership of LMH, as the controlling U.S. parent of Limitless, in excess of the 25 percent benchmark in section 310(b)(4) of the Act. Specifically, this ruling permits the uninsulated membership interests held by Atte Miettinen (0.430% equity and 0.452% voting interests) and James Edward Croal (0.289% equity and 0.141% voting interests) in LMH. In addition, this ruling specifically permits Messrs. Miettinen and Croal to hold, individually and in the aggregate, up to and including ten percent of the equity and/or voting interests in LMH. The Petitioners have an affirmative duty to monitor their foreign equity and voting interests, calculate these interests consistent with the standards and criteria set forth in sections 1.992 through 1.993 of the Commission's rules, 47 CFR §§ 1.992-1.993, and otherwise ensure continuing compliance with this ruling and the provisions of section 310(b) of the Act. Grant of this declaratory ruling is without prejudice to the Commission's action on any other related pending application(s). ITC-214-20151027-00245 E Westcon Group, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/08/2016 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-214-20160209-00052 E Tbass, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/10/2016 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-214-20160714-00189 E Global Communication Networks, 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: 08/12/2016 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 2 of 5

ITC-214-20160722-00192 E Stratford Mutual Telephone Company International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/12/2016 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-214-20160722-00193 E FARMERS MUTUAL COOP. TELE. COMPANY International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/12/2016 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-214-20160727-00194 E Goldfield Telephone Co Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/12/2016 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-214-20160727-00195 E Goldfield Access Network, L.C. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/12/2016 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). INFORMATIVE ITC-214-19960425-00002 Long Distance Consolidated Billing Company Applicant notified the Commission that they will be providing service under the d/b/a name of Beyond Wireless. ITC-214-19960830-00414 AT&T CORP By letter dated August 11, 2016, AT&T Corp. notified the Commission that it agrees to accept the terms and conditions for a waiver of the benchmark rate applicable to Cuba set forth in the FCC's April 8, 2011, Memorandum Opinion and Order, IB Docket No. 10-95, 26 FCC Rcd 5217 (IB 2011). See also International Settlements Policy Reform, IB Docket No. 11-80, Report and Order, 27 FCC Rcd 15521 (2012) (eliminating the application of the International Settlements Policy, except the nondiscrimination requirement, on the U.S.-Cuba route). SURRENDER ITC-214-20061129-00560 DBR360,LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective July 18, 2016. 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: 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 5 of 5


Document Created: 2016-08-18 08:26:34
Document Modified: 2016-08-18 08:26:34
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