Public Notice TEL01828

International Telecommunications

Action Taken Public Notice

2016-12-22

FCC.report > IB > Public Notices > TEL01828

19 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. 16-1436 Report No. TEL-01828 Thursday December 22, 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-214-20140918-00265 E Telekomunikasi Indonesia International (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: 12/15/2016 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 15, 2016, by the U.S. Department of Justice (DOJ) in concurrence with the Department of Homeland Security and the U.S. Department of Defense. Accordingly, we condition grant of this international section 214 application on compliance by Telekomunikasi Indonesia International (USA) Inc., PT Telekomunikasi Indonesia Tbk., and PT Telekomunikasi Indonesia International (collectively, "Telkom Parties") with the commitments and undertakings set forth in the National Security Agreement between the Telkom Parties and DOJ executed on December 13, 2016 (NSA). 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 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 NSA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-214-20140918-00265 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 7

ITC-214-20161128-00335 E Summit Telecom, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/16/2016 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-ASG-20161110-00296 E Midcontinent Communications Assignment Grant of Authority Date of Action: 12/16/2016 Current Licensee: Knology of Kansas, Inc. FROM: Knology of Kansas, Inc. TO: Midcontinent Communications Application filed for consent to the assignment of assets, held by Knology of Kansas, Inc. (Knology Kansas) to Midcontinent Communications (Midcontinent). Knology Kansas, a Delaware corporation, is a wholly-owned subsidiary of Knology, Inc. (Knology), a Delaware corporation, and provides international service under the international section 214 authorization held by Knology, ITC-214-20000203-00075, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). Under the terms of an asset purchase agreement executed between the parties on October 20, 2016, Midcontinent, a general partnership organized under the laws of South Dakota, will acquire from Knology Kansas its operating communications business assets in and around Lawrence, Kansas, including network facilities and equipment, contracts, and customer base. Knology Kansas will continue to provide services to its remaining customers under international section 214 authorization, ITC-214-20000203-00075, held by Knology. Upon closing, Midcontinent will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-20010606-00327. The following two U.S. entities, Midcontinent Communications Investor, LLC (Midcontinent Investor), a South Dakota limited liability company, and Comcast Midcontinent, LLC (Comcast Midcontinent), a Delaware limited liability company, each hold 50 percent equity interest in Midcontinent through general partnership interests. Midcontinent Investor is the managing partner of Midcontinent. Midcontinent Investor is wholly owned by Midcontinent Media, Inc. (MMI), a U.S. entity. In turn, MMI is owned equally by two individuals, both U.S. citizens, Patrick McAdaragh, President of Midcontinent, and Steven Grosser, CFO of Midcontinent. Comcast Midcontinent is wholly owned by Comcast Corporation, a public company organized under the laws of Pennsylvania in which no entity or individual holds 10 percent or greater equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 7

ITC-T/C-20160708-00185 E Freedom Ring Communications, LLC d/b/a BayRing Communications Transfer of Control Grant of Authority Date of Action: 12/15/2016 Current Licensee: Freedom Ring Communications, LLC d/b/a BayRing Communications FROM: Oxford Networks Holdings Inc TO: OHCP Northeastern Fiber Buyer, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19961216-00630, held by Freedom Ring Communications, LLC d/b/a BayRing Communications (BayRing), from its 100% indirect parent, Oxford Networks Holdings Inc. (ONH), to OHCP Northeastern Fiber Buyer, Inc. (OHCP NFB). Pursuant to the terms of a Securities Purchase Agreement, dated June 23, 2016, OHCP NFB will acquire 100% of the outstanding securities of ONH. Upon closing, the parties propose that ONH will become a direct, and BayRing an indirect, wholly-owned subsidiary of TVC Albany, Inc. (TVC), a corporation that will become an indirect wholly-owned subsidiary of OHCP NFB. See ITC-T/C-2016-0329-00129. OHCP NFB, is a direct subsidiary of OHCP Northeastern Fiber Buyer Holdco, L.P. (OHCP Holdco), both Delaware entities. Upon consummation, OHCP Holdco will be minority owned in aggregate 15% by existing management and interest holders in ONH, and will be majority owned (85.0%) by the Oak Hill IV Funds, all Cayman Islands' entities, consisting of 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., and Oak Hill Capital Partners IV (Offshore 892), L.P. through a name as yet undetermined Delaware limited partnership (OHCP Aggregator). The Oak Hill IV Funds, which are held by numerous, primarily U.S.-based investors, including individuals, trusts, institutions and business entities, are all ultimately controlled by OHCP MGP IV, Ltd (MGP IV), a Cayman Island general partnership, the voting members of which hold 100 shares each and are all U.S. citizens. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 15, 2016, by the U.S. Department of Justice (DOJ) with the concurrence of the U.S. Department of Defense and the U.S. Department of Homeland Security. Accordingly, we condition grant of this international section 214 transfer of control application on continued compliance by Oxford County Telephone & Telegraph with the commitments and undertakings set forth in the April 28, 2014 letter from Thadeus Mocarski, President, Oxford Networks Holdings, Inc., and Craig Gunderson, President and CEO, Oxford County Telephone and Telegraph Company, to the Assistant Attorney General for National Security, National Security Division, DOJ (Letter). 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 Letter may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20160708-00185 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 3 of 7

ITC-T/C-20160708-00186 E Oxford County Tel & Tel Transfer of Control Grant of Authority Date of Action: 12/15/2016 Current Licensee: Oxford County Tel & Tel FROM: Oxford Networks Holdings Inc TO: OHCP Northeastern Fiber Buyer, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970902-00523, held by Oxford County Telephone & Telegraph Company (Oxford T&T), from its 100% direct parent, Oxford Networks Holdings Inc. (ONH), to OHCP Northeastern Fiber Buyer, Inc. (OHCP NFB). Pursuant to the terms of a Securities Purchase Agreement, dated June 23, 2016, OHCP NFB will acquire 100% of the outstanding securities of ONH. Upon closing, the parties propose that ONH will become a direct, and Oxford T&T an indirect, wholly-owned subsidiary of TVC Albany, Inc. (TVC), a corporation that will become an indirect wholly-owned subsidiary of OHCP NFB. See ITC-T/C-2016-0329-00129. OHCP NFB, is a direct subsidiary of OHCP Northeastern Fiber Buyer Holdco, L.P. (OHCP Holdco), both Delaware entities. Upon consummation, OHCP Holdco will be minority owned in aggregate 15% by existing management and interest holders in ONH, and will be majority owned (85.0%) by the Oak Hill IV Funds, all Cayman Islands' entities, consisting of 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., and Oak Hill Capital Partners IV (Offshore 892), L.P. through a name as yet undetermined Delaware limited partnership (OHCP Aggregator). The Oak Hill IV Funds, which are held by numerous, primarily U.S.-based investors, including individuals, trusts, institutions and business entities, are all ultimately controlled by OHCP MGP IV, Ltd (MGP IV), a Cayman Island general partnership, the voting members of which hold 100 shares each and are all U.S. citizens. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 15, 2016, by the U.S. Department of Justice (DOJ) with the concurrence of the U.S. Department of Defense and the U.S. Department of Homeland Security. Accordingly, we condition grant of this international section 214 transfer of control application on continued compliance by Oxford County Telephone & Telegraph with the commitments and undertakings set forth in the April 28, 2014 letter from Thadeus Mocarski, President, Oxford Networks Holdings, Inc., and Craig Gunderson, President and CEO, Oxford County Telephone and Telegraph Company, to the Assistant Attorney General for National Security, National Security Division, DOJ (Letter). 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 Letter may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20160708-00186 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. ITC-T/C-20161110-00297 E Inteliquent, Inc. Transfer of Control Grant of Authority Date of Action: 12/16/2016 Current Licensee: Inteliquent, Inc. FROM: Inteliquent, Inc. TO: Onvoy, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20100423-00180, held by Inteliquent, Inc. (Inteliquent), a Delaware corporation, to Onvoy, LLC (Onvoy), a Minnesota limited liability company. Pursuant to the terms of an agreement and plan of merger, executed between the parties on November 2, 2016, Onvoy will acquire all of the outstanding equity interest in Inteliquent. Igloo Merger Sub, Inc. (Merger Sub), a wholly-owned direct subsidiary of Onvoy, will merge with and into Inteliquent with Inteliquent being the surviving entity. Inteliquent will then be a wholly-owned direct subsidiary of Onvoy. The following entities and individuals, all U.S. citizens, will hold 10 percent or greater, direct and indirect ownership interests in Onvoy: Onvoy is a wholly owned direct subsidiary of Onvoy Intermediate Holdings, Inc. (Int-Holdco). Onvoy Holdings, Inc. (Holdings Inc.), is the 100 percent direct owner of Int-Holdco. Holdings Inc. is wholly owned by GTCR Onvoy Holdings LLC (Holdco), a Delaware limited liability company. Holdco is owned as follows: GTCR Fund X/A LP (Fund X/A), a Delaware limited partnership (70.4% directly in Holdco) (sole limited partner holding more than 10 percent interest is a U.S. public pension fund that holds approximately 12 percent passive investment interest); GTCR Fund X/C LP (Fund X/C), a Delaware limited partnership (20.2% directly in Holdco); GTCR Partners X/A&C LP, a Delaware limited partnership (approx. 90.6% indirectly in Holdco as general partner of Fund X/A and Fund X/C). GTCR Investment X LLC, a Delaware limited liability company, holds approximately 91.2 percent indirect interest in Holdco as the general partner of GTCR Partners X/A&C LP and GTCR Co-Invest X LP. The following individuals are members of the board of managers of GTCR Investment X LLC: Mark M. Anderson, Craig A. Bondy, Philip A. Canfield, Aaron D. Cohen, Sean L. Cunningham, David A. Donnini, Constantine S. Mihas, and Collin E. Roche. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-19890214-00005 AT&T of Puerto Rico, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19890507-00008 AT&T of Puerto Rico, Inc. Page 4 of 7

SURRENDER Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19890507-00009 AT&T of Puerto Rico, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19890507-00011 AT&T of the Virgin Islands, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19890507-00012 AT&T of the Virgin Islands, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19891115-00010 AT&T of the Virgin Islands, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19900306-00014 AT&T of Puerto Rico, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19900315-00015 AT&T of the Virgin Islands, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19900421-00019 AT&T of Puerto Rico, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19910222-00025 AT&T of Puerto Rico, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19950930-00066 AT&T of Puerto Rico, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-19980814-00925 AT&T of Puerto Rico, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 10, 2016. ITC-214-20140130-00019 Bowhead Communication Services, LLC. Applicant notified the Commission of the Surrender of its international section 214 authorization effective December 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: 2016-12-21 17:27:16
Document Modified: 2016-12-21 17:27:16
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