Public Notice TEL01810

International Telecommunications

Action Taken Public Notice

2016-09-01

FCC.report > IB > Public Notices > TEL01810

10 Filings Included [expand]

IBFS_PN_1148106

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. 16-1002 Report No. TEL-01810 Thursday September 1, 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 7

ISP-PDR-20160329-00005 E TVC Albany, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 08/26/2016 TVC Albany, Inc. (TVC) and OHCP Northeastern Fiber Buyer, Inc. (OHCP) (together, Petitioners) have filed a petition for declaratory ruling (Petition) 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 TVC 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 have filed the Petition in connection with an application to transfer control of TVC to OHCP. See ULS File No. 0007203840. TVC holds a nationwide common carrier wireless license, Call Sign WQLH897, in the 3650-3700 MHz band. TVC is a Delaware corporation that is currently a direct, wholly-owned subsidiary of Tech Valley Holdings, LLC. OHCP is also a Delaware corporation formed for the purpose of acquiring TVC. Upon closing, OHCP will wholly own and control TVC through a yet-to-be-formed Delaware entity; OHCP will, in turn, be wholly owned by OHCP Northeastern Fiber Buyer Holdco, L.P. (OHCP Holdco); and OHCP Holdco will be owned in majority part (90.10%) by OHCP Aggregator (Name to be Determined) (OHCP Aggregator). It is expected that the remaining 9.90 percent interest in OHCP Holdco will be held collectively by other entities and individuals, including members of TVC management and other existing interest holders. According to Petitioners, although OHCP and TVC will ultimately be controlled by U.S. citizens, there will be a number of upstream, intervening investment funds organized in the Cayman Islands through which various passive and institutional investors will make their financial investments indirectly in OHCP through OHCP Aggregator, specifically: Oak Hill Capital Partners IV (Management), L.P. (6.99%); Oak Hill Capital Partners IV (Onshore), L.P. (62.07%); Oak Hill Capital Partners IV (Onshore Tax Exempt), L.P. (0.72%); Oak Hill Capital Partners IV (Offshore), L.P. (16.76%); and Oak Hill Capital Partners IV (Offshore 892), L.P. (3.55%) (collectively, the "Oak Hill IV Funds"). The general partner of each of the Oak Hill IV Funds, OHCP GenPar IV, L.P. (OHCP GenPar), is also organized in the Cayman Islands, as is OHCP GenPar's general partner, OHCP MGP IV, Ltd. (OHCP MGP IV). Petitioners state that the voting members of OHCP MGP IV are all U.S. citizens that, as members of the "Investment Committee," exercise oversight and control of the Oak Hill IV Funds. It is expected that the Oak Hill IV Funds will implement a new incentive equity plan for management in connection with or following consummation of the transaction. Finally, Petitioners state that the equity in the Oak Hill IV Funds is held by numerous, primarily U.S.-based investors, including individuals, trusts, institutions, and business entities. This equity is held through limited partnership interests that Petitioners state are fully insulated in accordance with section 1.993 of the Commission's rules, 47 CFR § 1.993, with no foreign limited partner holding a 5 percent or greater direct or indirect interest in OHCP. Further, OHCP GenPar and OHCP MGP IV will each hold a less than one percent equity interest in OHCP. Pursuant to section 1.991(i) of the rules, Petitioners request specific approval for the following foreign-organized entities to hold, directly or indirectly, equity and/or voting interests of 5 percent or more in OHCP, the proposed controlling U.S. parent of TVC: Oak Hill Capital Partners IV (Management), L.P. (6.99% equity and voting interests) Oak Hill Capital Partners IV (Onshore), L.P. (62.07% equity and voting interests) Oak Hill Capital Partners IV (Onshore Tax Exempt), L.P. (0.72% equity and voting interests) Oak Hill Capital Partners IV (Offshore), L.P. (16.76% equity and voting interests) Oak Hill Capital Partners IV (Offshore 892), L.P. (3.55% equity and voting interests) OHCP GenPar IV, L.P. (less-than-1% equity and 100% voting interests) OHCP MGP IV, Ltd. (less-than-1% equity and 100% voting interests) Pursuant to section 1.991(k) of the rules, Petitioners also request approval for the above-named entities to increase their ownership interests beyond the percentages specified above, up to 100 percent, collectively, of OHCP's direct and/or indirect equity and/or voting interests. Petitioners explain that, because the Oak Hill IV Funds have not closed and additional investors could still participate, and because the equity and voting interests of other investors (currently under 10% collectively) have not been finalized, the respective ownership percentages of the individual Oak Hill IV Funds in OHCP may change. 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 OHCP, as the controlling U.S. parent of TVC, in excess of the 25 percent benchmark in section 310(b)(4) of the Act. Specifically, this ruling permits aggregate foreign ownership of TVC's proposed controlling U.S. parent company, OHCP, to exceed, directly and/or indirectly, 25 percent of its equity and/or voting interests, subject to the terms and conditions set forth in section 1.994 of the Commission's rules, 47 C.F.R. § 1.994, including the requirement to obtain Commission approval before TVC and OHCP's foreign ownership exceeds the terms and conditions of this ruling. In addition, this ruling specifically authorizes Oak Hill Capital Partners IV (Management), L.P., Oak Hill Capital Partners IV (Onshore), L.P., Oak Hill Capital Partners IV (Onshore Tax Exempt), L.P., Oak Hill Capital Partners IV (Offshore), L.P., Oak Hill Capital Partners IV (Offshore 892), L.P., OHCP GenPar IV, L.P., and OHCP MGP IV, Ltd. to hold equity and voting interests in TVC and OHCP up to and including the amounts specified above. This ruling also includes advanced approval for the above-named entities to increase their ownership interests beyond the percentages specified above, up to and including 100 percent, collectively, of OHCP's direct and/or indirect equity and/or voting interests. 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). Page 2 of 7

ITC-214-20160728-00228 E Barnes City Cooperative Telephone Co. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/26/2016 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-214-20160802-00230 E Telispire Ohana LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/26/2016 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-214-20160802-00232 E CubaMobile 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: 08/26/2016 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-ASG-20160718-00187 E GTT Americas LLC Assignment Grant of Authority Date of Action: 08/29/2016 Current Licensee: Global Telecom & Technology Americas, Inc. FROM: Global Telecom & Technology Americas, Inc. TO: GTT Americas LLC Notification filed July 18, 2016, of the pro forma assignment of international section 214 authorization, ITC-214-20020619-00332, held by Global Telecom & Technology Americas, Inc. (GTTA), to GTT Americas LLC (GTT Americas), effective July 15, 2016. GTTA and GTT Americas are both wholly owned by GTT Communications, Inc. ITC-ASG-20160801-00229 E TracFone Wireless, Inc. Assignment Grant of Authority Date of Action: 08/26/2016 Current Licensee: T-Mobile USA, Inc. FROM: T-Mobile USA, Inc. TO: TracFone Wireless, Inc. Application filed for consent to the partial assignment of a certain subset of the customer base of T-Mobile USA, Inc. (T-Mobile USA), a Delaware corporation, to TracFone Wireless, Inc. (TracFone), a Delaware corporation. Pursuant to the terms of an underlying assets purchase agreement executed between the parties on June 30, 2016, the parties contemplate that TracFone will acquire from T-Mobile USA certain of T-Mobile USA's customers and, upon closing, will provide services to its newly acquired customer base pursuant to its existing international section 214 authorization, ITC-214-20030401-00162. T-Mobile USA will retain its international section 214 authorizations, ITC-214-20061004-00452, ITC-214-19960930-00473, ITC-214-20120301-00067, and ITC-214-20011116-00601. The following entities and individuals, all Mexican citizens, hold 10 percent or greater direct and indirect ownership interests in TracFone: Direct - AMX USA Holding, S.A. de C.V. (AMX USA Holding) (100%). Indirect - Sercotel, S.A. de C.V. (Sercotel) (100% direct interest in AMX USA Holding); America Movil, S.A.B. de C.V. (America Movil), a publicly traded company (100% direct interest in Sercotel); Mr. Carlos Slim Helu and certain members of his immediate family (the Slim Family) (60.58% equity interest and 89.88% voting interest in America Movil). No other individual or entity holds a direct or indirect 10 percent or greater equity or voting interest in America Movil. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20160329-00129 E TVC Albany, Inc. Transfer of Control Grant of Authority Date of Action: 08/26/2016 Current Licensee: TVC Albany, Inc. FROM: TO: OHCP Northeastern Fiber Buyer, Inc. Application filed for consent to the transfer of control of international section 214 authorizations, ITC-214-19990825-00538 and ITC-214-20010209-00086, held by TVC Albany, Inc. (TVC) from its 100 percent direct parent, Tech Valley Holdings, LLC (Tech Valley), to OHCP Northeastern Fiber Buyer, Inc. (OHCP) (together, "Applicants"). Pursuant to a Securities Purchase Agreement dated as of March 18, 2016, OHCP will purchase 100 percent of the outstanding securities of TVC from Tech Valley. Prior to closing, however, OHCP will assign its rights under the Agreement to a yet-to-be-formed Delaware entity (Oak Hill Buyer). Thus, upon completion of the transaction, TVC will be a wholly-owned, direct and indirect subsidiary of Oak Hill Buyer and OHCP, respectively. OHCP will, in turn, be wholly owned by OHCP Northeastern Fiber Buyer Holdco, L.P. (OHCP Holdco); and OHCP Holdco will be owned in majority part (90.10%) by OHCP Aggregator (Name to be Determined) (OHCP Aggregator). It is expected that the remaining 9.90 percent interest in OHCP Holdco will be held collectively by other entities and individuals, including members of TVC management and other existing interest holders. Applicants state that, post-closing, OHCP will be predominantly (more than 90%) owned indirectly by private equity funds formed in the Cayman Islands for investment purposes, specifically: Oak Hill Capital Partners IV (Management), L.P. (6.99%); Oak Hill Capital Partners IV (Onshore), L.P. (62.07%); Oak Hill Capital Partners IV (Onshore Tax Exempt), L.P. (0.72%); Oak Hill Capital Partners IV (Offshore), L.P. (16.76%); and Oak Hill Capital Partners IV (Offshore 892), L.P. (3.55%) (collectively, the "Oak Hill IV Funds"). According to the Application, the equity in the Oak Hill IV Funds is primarily held in the form of limited partnership interests held by numerous, primarily U.S.-based investors. Based on current investment percentages, the following limited partners of the Oak Hill IV Funds will own or control a ten percent or greater equity interest (but no voting interest) in OHCP through their investments in one or more of these funds: FW Oak Hill Limited IV, L.P. (14.11%) (a Delaware entity that is ultimately wholly owned and controlled by Jay H. Hebert, a U.S. citizen, through two holding companies organized in Delaware, FW Oak Hill Limited Genpar IV, LLC and its sole member, FW GP Holdco, LLC; and Ohio Public Employees Retirement Systems (17.64%). Control of the Oak Hill IV Funds and, in turn, of OHCP, is vested in the funds' general partner, OHCP GenPar IV, L.P. (OHCP GenPar), a Cayman Islands entity. The general partner of OHCP GenPar is OHCP MGP IV, Ltd. (OHCP MGP IV), which is also organized in the Cayman Islands. OHCP GenPar and OHCP MGP IV will each hold indirectly a less than one percent equity interest in OHCP. Applicants state that the voting members of OHCP MGP IV are all U.S. citizens that, as members of the "Investment Committee," exercise oversight and control of the Oak Hill IV Funds. The shares in OHCP MGP IV are distributed equally among the thirteen members of the Investment Committee. According to the Applicants, the final ownership structure of OHCP is not fully established, and there may be one or more additional intervening wholly-owned holding companies inserted above OHCP in the vertical ownership chain prior to closing. OHCP and TVC request authorization for the addition of one or more intervening wholly owned holding company(ies) prior to, or concurrently with, closing. OHCP and TVC state that they will notify the Commission of the final ownership structure immediately following closing in the event any such additional holding companies are inserted. Further, because the Oak Hill IV Funds have not closed and additional investors could still participate, and because the equity and voting interests of other investors (currently under 10% collectively) have not been finalized, the respective ownership percentages disclosed in the Application may change. Applicants state that they will update the Application if any new investment or change in ownership percentages causes an entity or individual not already disclosed in the Application to obtain a 10 percent or greater direct or indirect interest in OHCP. CORRECTIONS ISP-PDR-20140716-00009 Limitless Mobile, LLC Page 4 of 7

CORRECTIONS On August 18, 2016, the International Bureau provided public notice of the grant of a petition for declaratory ruling filed by Limitless Mobile, LLC and its 100 percent parent company, Limitless Mobile Holdings, LLC. International Authorizations Granted, ISP-PDR-20140716-00009, Public Notice, DA 16-939 (IB rel. Aug. 18, 2016). That grant incorrectly identified Mr. Croal as James Edward Croal. His correct name is Edwards James Croal. Consequently, the grant is corrected to read as follows: ISP-PDR-20140716-00009 Limitless Mobile, LLC Petition for Declaratory Ruling Grant of Authority 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 Edward James 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 Edward James 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). Dismissal ITC-214-20150813-00200 DASTEL Corp. By letter filed August 24, 2016, and certified on August 23, 2016, Applicant notified the Commission of the withdrawal of its international section 214 application. SURRENDER ITC-214-20151117-00272 Interactive Intelligence Telecom, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 30, 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


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