Public Notice TEL01813

International Telecommunications

Action Taken Public Notice

2016-09-15

FCC.report > IB > Public Notices > TEL01813

Filings Included

File NumberService
ITC-214-20160816-00250International Telecommunications
ITC-T/C-20160816-00251International Telecommunications
ITC-214-20160314-00120International Telecommunications
ITC-T/C-20160307-00115International Telecommunications
IBFS_PN_1148926

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. 16-1042 Report No. TEL-01813 Thursday September 15, 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. ITC-214-20160314-00120 E Life Telecom, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/14/2016 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-214-20160816-00250 E Filer Mutual Telephone Company International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/09/2016 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). Page 1 of 4

ITC-T/C-20160307-00115 E DSCI, LLC Transfer of Control Grant of Authority Date of Action: 09/12/2016 Current Licensee: DSCI, LLC FROM: DSCI Holdings Corporation TO: U.S. TelePacific Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20040309-00098, held by DSCI, LLC (DSCI), from DSCI Holdings Corporation (DSCI Holdings) to U.S. TelePacific Corp. (TelePacific). Pursuant to an Agreement and Plan of Merger dated March 1, 2016, TelePacific Managed Services (Merger Sub), a wholly-owned subsidiary of TelePacific, will merge with and into DSCI, with DSCI being the surviving entity. Upon consummation, DSCI will become a direct wholly-owned subsidiary of TelePacific. TelePacific is a wholly-owned subsidiary U.S. TelePacific Holdings Corp. (TPAC Holdings). The following entities and individuals hold ten percent or greater direct or indirect ownership interest in TPAC Holdings: (1) Investcorp S.A. (39.6%), a Cayman Islands entity, and (2) Clarity Partners, L.P. (Clarity Partners) (20.71%). Investcorp Holdings ownership in TPAC Holdings is through its control of various corporations, only one of which holds a 10 percent or greater ownership interest: TelePacific Equity Limited (11.9%). Investcorp S.A. is wholly owned by Investcorp Holdings Limited (Investcorp Holdings), a Cayman Islands entity. Investcorp Holdings is owned by (1) CP Holdings Limited (CP Holdings) (48.3% voting), a Cayman Islands entity, and (2) Investcorp Bank B.S.C. (Investcorp Bank) (100% equity and 23.1% voting), a Bahrain entity. Investcorp Bank is owned by CP Holdings (48%) and Ownership Holdings Limited (Ownership Holdings) (17.1%), a Cayman Islands entity that also has 52.3% equity interest in CP Holdings. Ownership Holdings is in turn owned by SIPCO Limited (64.6%), a Cayman Islands entity, which is in turn owned by SIPCO Holdings Limited (SIPCO Holdings) (100% voting), a Cayman Islands entity. The following individuals manage SIPCO Holdings: Nemir Kirdar, a U.K. citizen; H.E. Abdul-Rahman Salim Al-Ateeqi, a Kuwait citizen; Abdul Aziz Jassim Kannoo, a Saudi Arabia citizen; Hussain Ibrahim Al-Fardan, a Qatar citizen; Khalid Rashid Al Zayani, a Bahrain citizen; Mohammed Bin Mahfoodh Alardhi, an Oman citizen; and Stephanie Bess, a U.S. citizen. Clarity GenPar, LLC (Clarity GenPar), a Delaware limited liability company and general partner of Clarity Partners, holds 4.31% interest in Clarity Partners. Clarity GenPar is also the general partner of Clarity Advisors, L.P. (Clarity Advisors) and Clarity Associates, L.P. (Clarity Associates), both Delaware limited partnerships which hold 2.98% and 0.28% ownership interest in TPAC Holdings, respectively. The following individuals hold 25 percent or greater interest in Clarity GenPar: Barry Porter, Stephen P. Rader, and David Lee, all U.S. citizens and managing members of Clarity GenPar. Applicants state that no other individual or entity holds 10 percent or greater direct or indirect ownership interest in TelePacific. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20160816-00251 E Millry Telephone LD, LLC D/B/A Millry Long Distance Transfer of Control Grant of Authority Date of Action: 09/09/2016 Current Licensee: Millry Telephone LD, LLC D/B/A Millry Long Distance FROM: Millry Corporation TO: Millry Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970508-00257, held by Millry Telephone LD, LLC d/b/a Millry Long Distance (Millry LD). Millry LD is a wholly-owned subsidiary of Millry Telephone Company, Inc., which in turn is a direct wholly-owned subsidiary of Millry Corporation (Millry Corp). Pursuant to a Purchase Agreement, Millry Corp will purchase the outstanding Class A voting stock and Class B non-voting stock held by the following trusts: Darrell R. Brown, Sr. Management Trust (14.44% equity ownership); Bryanell S. Brown Management Trust (2.36% equity ownership); GST Exempt Family Trust for the benefit of Darrell Raiford Brown, Jr. (11.07% equity ownership); GST Exempt Family Trust for the benefit of Lisa Renee Bond (11.07% equity ownership); and the GST Exempt Family Trust for the benefit of Chera Dare Ogburn (11.07% equity ownership). Upon closing, the remaining Millry Corp shareholders' ownership of Millry Corporation's outstanding stock and their voting membership will increase from an aggregate 50 percent to 100 percent, giving them de jure control of Millry Corp, and subsequently control of Millry LD. Upon closing, the following entities will hold ten percent or greater direct or indirect ownership interest in Millry Corp: Paul E. Brown, Sr. Management Trust (33.60% equity and 56.00% voting interest); and GST Exempt Family Trust for the benefit of Paul E. Brown, Jr. (66.40% equity and 44.00% voting interest), both U.S. entities. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 4

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 3 of 4

(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 4 of 4


Document Created: 2016-09-14 20:16:56
Document Modified: 2016-09-14 20:16:56
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