Public Notice TEL01815

International Telecommunications

Action Taken Public Notice

2016-09-29

FCC.report > IB > Public Notices > TEL01815

23 Filings Included [expand]

IBFS_PN_1152491

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. 16-1105 Report No. TEL-01815 Thursday September 29, 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-214-20160824-00253 E 1LD, 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: 09/23/2016 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-ASG-20160812-00246 E GetGo Audio Assignment Grant of Authority Date of Action: 09/23/2016 Current Licensee: Citrix Online Audio LLC FROM: Citrix Online Audio LLC TO: GetGo Audio Application filed for consent to the assignment of international section 214 authorization, ITC-214-20090113-00015, held by Citrix Online Audio LLC (Citrix Online Audio) to GetGo Audio LLC. Citrix Online Audio is a direct wholly-owned subsidiary of Citrix Systems, Inc. (Citrix). In the first step of a multi-step Reverse Morris Trust transaction in which subsidiaries of Citrix will be transferred to LogMeIn, Inc. (LogMeIn), Citrix Online Audio will be merged into GetGo Audio LLC (GetGo Audio), with GetGo Audio being the surviving entity. GetGo Audio is a wholly-owned subsidiary of GetGo, Inc. (GetGo), which in turn is a wholly-owned subsidiary of Citrix. GetGo will then merge with Lithium Merger Sub, Inc., a wholly-owned subsidiary of LogMeIn, with GetGo being the surviving entity. GetGo will thus become a direct wholly-owned subsidiary of LogMeIn, and GetGo Audio will be an indirect wholly-owned subsidiary. After closing, GetGo Audio will provide services pursuant to ITC-214-20090113-00015. Upon completion of the transaction, shareholders of Citrix will hold a 50.1% interest in LogMeIn and current shareholders of LogMeIn will hold a 49.9% interest. After consummation, LogMeIn's existing President and Chief Executive Officer and Chief Financial Officer will continue in their respective roles. LogMeIn's board of directors will consist of nine directors: five current LogMeIn directors and four Citrix director appointees. Applicants state that there will be no ten percent or greater direct or indirect equity ownership interests in LogMeIn after closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20160531-00162 E inContact, Inc Transfer of Control Grant of Authority Date of Action: 09/22/2016 Current Licensee: inContact, Inc FROM: TO: NICE, Ltd. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19980407-00234, held by inContact, Inc. (inContact) to NICE-Systems, Ltd. (NICE Systems). Pursuant to the terms of a merger agreement, inContact will merge with Victory Merger Sub Inc., a wholly-owned subsidiary of NICE Systems, with inContact being the surviving entity. Upon closing, inContact will become a wholly-owned direct subsidiary of NICE Systems. NICE Systems is an Israeli publicly traded company in which no individual or entity directly or indirectly holds 10 percent or greater equity or voting interest. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on September 21, 2016, by the U.S. Department of Justice (DOJ), including the Federal Bureau of Investigation, with the concurrence of the Department of Homeland Security and Department of Defense. Accordingly, we condition grant of this international section 214 transfer of control application on compliance by inContact Inc. and NICE Ltd. with the commitments and undertakings set forth in the September 20, 2016 Letter of Agreement (LOA) from Daniel Lloyd, Corporate Secretary and General Counsel, inContact, Inc., and Eran Liron, EVP, Corporate Development and Marketing, NICE, Ltd. to the Assistant Attorney General for National Security, National Security Division, DOJ. 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 LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20160531-00162 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. Page 2 of 7

ITC-T/C-20160812-00243 E GetGo Communications LLC Transfer of Control Grant of Authority Date of Action: 09/23/2016 Current Licensee: GetGo Communications LLC FROM: Citrix Systems, Inc. TO: LogMeIn, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20130118-00015, held by GetGo Communications LLC (GetGo Communications) a direct wholly-owned subsidiary of Citrix Systems, Inc. (Citrix), to LogMein, Inc. (LogMein). In the first step of a multi-step Reverse Morris Trust transaction in which subsidiaries of Citrix will be transferred to LogMeIn, Inc. (LogMeIn), Citrix Communications LLC was renamed GetGo Communications. Next GetGo Communications will be transferred to GetGo, Inc. (GetGo), a direct wholly-owned subsidiary of Citrix. Finally, GetGo will merge with Lithium Merger Sub, Inc., a wholly-owned subsidiary of LogMeIn, with GetGo being the surviving entity. GetGo will thus become a direct wholly-owned subsidiary of LogMeIn, and GetGo Communications will be an indirect wholly-owned subsidiary. Upon completion of the transaction, shareholders of Citrix will hold a 50.1% interest in LogMeIn and current shareholders of LogMeIn will hold a 49.9% interest. After consummation, LogMeIn's existing President and Chief Executive Officer and Chief Financial Officer will continue in their respective roles. LogMeIn's board of directors will consist of nine directors: five current LogMeIn directors and four Citrix director appointees. Applicants state that there will be no ten percent or greater direct or indirect equity ownership interests in LogMeIn after closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20160812-00247 E Grasshopper Group, LLC Transfer of Control Grant of Authority Date of Action: 09/23/2016 Current Licensee: Grasshopper Group, LLC FROM: Citrix Systems, Inc. TO: LogMeIn, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20090916-00417, held by Grasshopper Group LLC (Grasshopper), a direct wholly-owned subsidiary of Citrix Systems, Inc. (Citrix), to LogMein, Inc. (LogMein). In the first step of a multi-step Reverse Morris Trust transaction, Grasshopper will be transferred to GetGo, Inc. (GetGo), a direct wholly-owned subsidiary of Citrix. Next GetGo will merge with Lithium Merger Sub, Inc., a wholly-owned subsidiary of LogMeIn, with GetGo being the surviving entity. GetGo will thus become a direct wholly-owned subsidiary of LogMeIn, and Grasshopper will be an indirect wholly-owned subsidiary. Upon completion of the transaction, shareholders of Citrix will hold a 50.1% interest in LogMeIn and current shareholders of LogMeIn will hold a 49.9% interest. After consummation, LogMein's existing President and Chief Executive Officer and Chief Financial Officer will continue in their respective roles. LogMein's board of directors will consist of nine directors: five current LogMein directors and four Citrix director appointees. Applicants state that there will be no ten percent or greater direct or indirect equity ownership interests in LogMein after closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. CORRECTIONS ITC-T/C-20160307-00115 DSCI, LLC Page 3 of 7

CORRECTIONS On September 15, 2016, the International Bureau provided public notice of the grant of the application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20040309-00098, held by DSCI, LLC, from DSCI Holdings Corporation to U.S. TelePacific Corp. International Authorizations Granted, ITC-T/C-20160307-00115, Public Notice, DA 16-1042 (IB rel. Sept. 15, 2016). That grant inadvertently did not include a condition of the grant of the application. Consequently, the grant is corrected to read as follows: ITC-T/C-20160307-00115 DSCI, LLC Transfer of Control Grant of AuthorityDate 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. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on September 9, 2016, by the U.S. Department of Justice (DOJ), including the Federal Bureau of Investigation, and the Department of Homeland Security (DHS). Accordingly, we condition grant of this international section 214 transfer of control application on compliance by U.S. TelePacific Corp. and U.S. TelePacific Holdings Corp. with the commitments and undertakings set forth in the September 2, 2016 Letter of Assurances (LOA) from Richard A. Jalkut, President & Chief Executive Officer, U.S. TelePacific Corp. and U.S. TelePacific Holdings Corp., to the Assistant Attorney General for National Security, National Security Division, DOJ, and the Assistant Secretary of Policy, DHS. 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 LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20160307-00115 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. Dismissal ITC-214-20140818-00237 US Mobile LLC By letter filed August 26, 2016, Applicant notified the Commission of the withdrawal of its international section 214 application. ITC-214-20150604-00137 Unitycomm LLC Application hereby dismissed by Chief, Telecommunications and Analysis Division, International Bureau on September 28, 2016, pursuant to section 1.1910(b)(3) of the Commission's rules, 47 C.F.R. § 1.1910(b)(3), for failure to address delinquent debt owed to the Commission. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. INFORMATIVE ITC-214-19991019-00660 Magna5 LLC On September 26, 2016, the Commission was notified that X5 OpCo LLC has changed its name to Magna5 LLC. ITC-214-20010719-00393 Magna5 LLC On September 26, 2016, the Commission was notified that X5 OpCo LLC has changed its name to Magna5 LLC. Page 4 of 7

INFORMATIVE ITC-214-20051031-00443 Intelsat USA License Corp. By letter dated June 28, 2016, Applicant notified the Commission that Intelsat USA License LLC will be discontinuing its common carrier provision of switched voice and private line services effective immediately. ITC-214-20110131-00021 Magna5 LLC On September 26, 2016, the Commission was notified that X5 OpCo LLC has changed its name to Magna5 LLC. ITC-214-20150605-00136 Magna5 LLC On September 26, 2016, the Commission was notified that X5 OpCo LLC has changed its name to Magna5 LLC. ITC-214-20160802-00232 CubaMobile LLC By letter dated September 6, 2016, Cuba Mobile, LLC 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-214-19920318-00117 Intelsat USA License Corp. Applicant notified the Commission of the Surrender of its international section 214 authorization effective June 28, 2016. ITC-214-19930829-00248 Intelsat USA License Corp. Applicant notified the Commission of the Surrender of its international section 214 authorization effective June 28, 2016. ITC-214-20000906-00521 TeleUno, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 12, 2016. ITC-214-20010918-00487 ONELINK COMMUNICATIONS, INC. Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 16, 2016. ITC-214-20020808-00394 TELEDIAS COMMUNICATIONS, INC. Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 14, 2016. ITC-214-20100216-00082 Kodiak-Kenai Cable Company, LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective September 5, 2016. ITC-214-20100817-00331 Cytel, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 15, 2016. ITC-214-20110823-00281 NTI TALK INC. Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 29, 2016. ITC-214-20130723-00193 HC Cable OpCo, LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective September 9, 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: 2016-09-28 17:46:52
Document Modified: 2016-09-28 17:46:52
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