Public Notice TEL01832

International Telecommunications

Action Taken Public Notice

2017-01-05

FCC.report > IB > Public Notices > TEL01832

12 Filings Included [expand]

IBFS_PN_1162992

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. 17-9 Report No. TEL-01832 Thursday January 5, 2017 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-214-20130204-00048 E IP Network America 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: 12/29/2016 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 March 14, 2016, by the U.S. Department of Justice (DOJ). Accordingly, we condition grant of this international section 214 application on compliance by IP Network America LLC (IP Network) with the commitments and undertakings set forth in the January 12, 2016 letter of assurances from Rosario Gonzalez Zambrano, CEO, IP Network America, to the Assistant Attorney General, National Security Division, DOJ (LOA) . 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 LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-214-20130204-00048 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 5

ITC-214-20141117-00298 E iTalk Mobile Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/22/2016 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 22, 2016, by the U.S. Department of Justice (DOJ) to include its components the National Security Division (NSD) and the Federal Bureau of Investigation (FBI). Accordingly, we condition grant of this international section 214 application on compliance by iTalkMobile Corporation (iTalkMobile) with the commitments and undertakings set forth in the National Security Agreement between iTalkMobile and DOJ executed on December 22, 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-21420141117-00298 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20160719-00190 E IPLAN INTERNATIONAL BUSINESS INC. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/29/2016 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-214-20161208-00351 E BillyRonks 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: 12/30/2016 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-214-20161213-00350 E Zebra Telecom 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: 12/30/2016 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-20161220-00378 E Limitless Mobile, LLC, Debtor-In-Possession Assignment Grant of Authority Date of Action: 01/04/2017 Current Licensee: Limitless Mobile, LLC FROM: Limitless Mobile, LLC TO: Limitless Mobile, LLC, Debtor-In-Possession Notification filed December 20, 2016, of the pro forma assignment of international section 214 authorization, ITC-214-20100525-00214, held by Limitless Mobile, LLC (Limitless Mobile), to Limitless Mobile, LLC, Debtor-in-Possession, effective December 2, 2016. Limitless Mobile has filed for bankruptcy protection under chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court, District of Delaware (Case No. 16-12685), and as a result has converted to debtor-in-possession status. Page 2 of 5

ITC-T/C-20161121-00332 E FPL FiberNet, LLC Transfer of Control Grant of Authority Date of Action: 12/30/2016 Current Licensee: FPL FiberNet, LLC FROM: NextEra Energy, Inc. TO: Crown Castle International Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20101014-00406, held by FPL FiberNet, LLC (FPLFN), from its indirect parent, NextEra Energy, Inc. (NEE), to Crown Castle International Corp. (CCIC). Pursuant to a November 1, 2016 Purchase and Sale Agreement, CC FN Holdings LLC (CC FN Holdings), an indirect wholly-owned subsidiary of CCIC, will acquire all of the membership interests of the following indirect wholly-owned subsidiaries of NEE: (1) NextEra FiberNet, LLC, (2) FPL Fibernet Holdings, LLC (FPL Holdings), the direct parent of FPLFN, and (3) FPL TEL, LLC. Upon consummation, FPL Holdings and FPLFN will become direct and indirect wholly-owned subsidiaries of CC FN Holdings, respectively, and indirect wholly-owned subsidiaries of CICC. CICC is a publicly traded corporation in which no individual or entity holds a ten percent or greater direct or indirect ownership interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20161121-00333 E NextEra FiberNet, LLC Transfer of Control Grant of Authority Date of Action: 12/30/2016 Current Licensee: NextEra FiberNet, LLC FROM: NextEra Energy, Inc. TO: Crown Castle International Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20101117-00470, held by NextEra FiberNet, LLC (NEFN), from its indirect parent, NextEra Energy, Inc. (NEE), to Crown Castle International Corp. (CCIC). Pursuant to a November 1, 2016 Purchase and Sale Agreement, CC FN Holdings LLC (CC FN Holdings), an indirect wholly-owned subsidiary of CCIC, will acquire all of the membership interests of the following indirect wholly-owned subsidiaries of NEE: (1) NEFN, (2) FPL Fibernet Holdings, LLC, and (3) FPL TEL, LLC. Upon consummation, NEFN will become a direct wholly-owned subsidiary of CC FN Holdings and an indirect wholly-owned subsidiary of CICC. CICC is a publicly traded corporation in which no individual or entity holds a ten percent or greater direct or indirect ownership interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20161222-00380 E Uno Communications, Inc. Transfer of Control Grant of Authority Date of Action: 01/04/2017 Current Licensee: Uno Communications, Inc. FROM: Uno Communications SpA TO: KC Industries Srl Notification filed December 22, 2016, of the pro forma transfer of control of international section 214 authorization, ITC-214-20051223-00527, held by Uno Communications, Inc., effective December 22, 2016. Uno Communications Inc. was a wholly-owned subsidiary of Uno Communications SpA, which was controlled by Mr. Carlo Capacci through a 26.5% direct ownership and a 49.7% indirect ownership through KC Industries Srl (KC Industries). Mr. Capacci holds a 98% interest in KC Industries, an Italian corporation. KC Industries acquired all of the stock of Uno Communications held by Uno Communications SpA, and now Uno Communications Inc. is a wholly-owned subsidiary of KC Industries. Mr. Capacci continues to control KC Industries and Uno Communications Inc. INFORMATIVE ITC-214-20150310-00064 CereTel Incorporated By letter dated December 23, 2016, Applicant notified the Commission that CereTel Incorporated will be discontinuing its telecommunications services associated with the calling card brands set forth in Attachment 1 of the discontinuance letter effective February 28, 2017. SURRENDER ITC-214-20010511-00282 BT Conferencing Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective December 30, 2016. ITC-214-20151027-00246 NEOLINK TELECOM, INC. Applicant notified the Commission of the Surrender of its international section 214 authorization effective December 31, 2016. Page 3 of 5

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 214 Authorizations, which identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is at the end of this Public Notice. The list applies to all U.S. international carriers, including those that have previously received global or limited global Section 214 authority, whether by Public Notice or specific written order. Carriers are advised that the attached Exclusion List is subject to amendment at any time pursuant to the procedures set forth in Streamlining the International Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, 11 FCC Rcd 12884 (1996), para. 18. A copy of the current Exclusion List will be maintained in the FCC Reference and Information Center and will be available at http://transition.fcc.gov/ib/pd/pf/exclusionlist.html. It also will be attached to each Public Notice that grants international Section 214 authority. (2) The export of telecommunications services and related payments to countries that are subject to economic sanctions may be restricted. For information concerning current restrictions, call the Office of Foreign Assets Control, U.S. Department of the Treasury, (202) 622-2520. (3) Carriers shall comply with the requirements of Section 63.11 of the Commission's rules, which requires notification by, and in certain circumstances prior notification by, U.S. carriers acquiring an affiliation with foreign carriers. A carrier that acquires an affiliation with a foreign carrier will be subject to possible reclassification as a dominant carrier on an affiliated route pursuant to the provisions of Section 63.10 of the rules. (4) A carrier may provide switched services over its authorized resold private lines in the circumstances specified in Section 63.23(d) of the rules, 47 C.F. R. § 63.23(d). (5) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (6) Carriers regulated as dominant for the provision of a particular communications service on a particular route for any reason other than a foreign carrier affiliation under Section 63.10 of the rules shall file tariffs pursuant to Section 203 of the Communications Act, as amended, 47 U.S.C. § 203, and Part 61 of the Commission's Rules, 47 C.F.R. Part 61. Carriers shall not otherwise file tariffs except as permitted by Section 61.19 of the rules, 47 C.F.R. § 61.19. Except as specified in Section 20.15 with respect to commercial mobile radio service providers, carriers regulated as non-dominant, as defined in Section 61.3, and providing detariffed international services pursuant to Section 61.19, must comply with all applicable public disclosure and maintenance of information requirements in Sections 42.10 and 42.11. (7) Carriers shall file the annual traffic and revenue reports required by Section 43.62(b). See http://www.fcc.gov/encyclopedia/international-traffic-and-revenue-report. (8) Carriers shall file annual circuit capacity reports required by Section 43.62(a). See http://www.fcc.gov/encyclopedia/circuit-capacity-report. (9) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. (10) If any carrier is reselling service obtained pursuant to a contract with another carrier, the services obtained by contract shall be made generally available by the underlying carrier to similarly situated customers at the same terms, conditions and rates. 47 U.S.C. § 203. (11) To the extent the applicant is, or is affiliated with, an incumbent independent local exchange carrier, as those terms are defined in Section 64.1902 of the rules, it shall provide the authorized services in compliance with the requirements of Section 64.1903. (12) Except as otherwise ordered by the Commission, a carrier authorized here to provide facilities-based service that (i) is classified as dominant under Section 63.10 of the rules for the provision of such service on a particular route and (ii) is affiliated with a carrier that collects settlement payments for terminating U.S. international switched traffic at the foreign end of that route may not provide facilities-based switched service on that route unless the current rates the affiliate charges U.S. international carriers to terminate traffic are at or below the Commission's relevant benchmark adopted in International Settlement Rates, IB Docket No. 96-261, Report and Order, 12 FCC Rcd 19806 (1997). See also Report and Order on Reconsideration and Order Lifting Stay in IB Docket No. 96-261, FCC 99-124 (rel. June 11, 1999). For the purposes of this rule, "affiliated" and "foreign carrier" are defined in Section 63.09. Page 4 of 5

(13) Carriers shall comply with the Communications Assistance for Law Enforcement Act (CALEA), see 47 C.F.R. §§ 1.20000 et seq. (14) Every carrier must designate an agent for service in the District of Columbia. See 47 U.S.C. § 413, 47 C.F.R. §§ 1.47(h), 64.1195. Exclusion List for International Section 214 Authorizations The following is a list of countries and facilities not covered by grant of global Section 214 authority under Section 63.18(e)(1) of the Commission's Rules, 47 C.F.R. § 63.18(e)(1). Carriers desiring to serve countries or use facilities listed as excluded hereon shall file a separate Section 214 application pursuant to Section 63.18(e)(3) of the Commission's Rules. See 47 C.F.R. § 63.22(c). Countries: None. Facilities: Any non-U.S.-licensed space station that has not received Commission approval to operate in the U.S. market pursuant to the procedures adopted in the Commission's DISCO II Order, IB Docket No. 96-111, Report and Order, FCC 97-399, 12 FCC Rcd 24094, 24107-72 paragraphs 30-182 (1997) (DISCO II Order). Information regarding non-U.S.-licensed space stations approved to operate in the U.S. market pursuant to the Commission's DISCO II procedures is maintained at http://transition.fcc.gov/bureaus/ib/sd/se/market_acess.html. This list is subject to change by the Commission when the public interest requires. The most current version of the list is maintained at http://transition.fcc.gov/ib/pd/pf/exclusionlist.html. For additional information, contact the International Bureau's Telecommunications and Analysis Division, (202) 418-1480. Page 5 of 5


Document Created: 2017-01-04 16:30:08
Document Modified: 2017-01-04 16:30:08
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