Public Notice TEL01850

International Telecommunications

Action Taken Public Notice

2017-05-25

FCC.report > IB > Public Notices > TEL01850

12 Filings Included [expand]

IBFS_PN_1230899

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. 17-514 Report No. TEL-01850 Thursday May 25, 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-214-20170418-00079 E Expedient Telecommunications, 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: 05/19/2017 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-214-20170425-00084 E Alkhateeb Trading, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/19/2017 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 7

ITC-ASG-20170413-00065 E Latin American Nautilus Limited Assignment Grant of Authority Date of Action: 05/24/2017 Current Licensee: Mediterranean Nautilus Limited FROM: Mediterranean Nautilus Ltd. TO: Latin American Nautilus Limited Notification filed April 13, 2017, of the pro forma assignment of international section 214 authorization, ITC-214-20120809-00205, held by Mediterranean Nautilus Ltd. (MED) to Latin American Nautilus Ltd. (LAN), effective June 30, 2010. In a corporate reorganization, LAN acquired all the assets and business of MED, including its international section 214 authorization. LAN and MED were wholly-owned subsidiaries of Telecom Italia Sparkle S.p.A. at the time of the transaction. LAN is classified as a dominant carrier on the U.S.-Italy route, pursuant to section 63.10 of the Commission's rules, 47 CFR § 63.10. ITC-ASG-20170509-00093 E Axtel, S.A.B. de C.V. Assignment Grant of Authority Date of Action: 05/23/2017 Current Licensee: Alestra, S. de R.L. de C.V. FROM: Alestra, S. de R.L. de C.V. TO: Axtel, S.A.B. de C.V. Notification filed May 9, 2017, of the pro forma assignment of international section 214 authorization, ITC-214-20120809-00205, held by Alestra, S. de R.L. de S.V. (Alestra) to Axtel, S.A.B. de C.V. (Axtel), effective May 1, 2017. In a corporate reorganization, Alestra was merged into Axtel, its 100% direct parent, with Axtel being the surviving entity. Alestra was and Axtel continues to be controlled by Alfa, S.A.B. de C.V. ITC-T/C-20170407-00061 E ETS Telephone Company Transfer of Control Grant of Authority Date of Action: 05/19/2017 Current Licensee: ETS Telephone Company FROM: En-Touch Holdings, LLC TO: ACME Communications Inc. Application filed for consent to the transfer of control of ETS Telephone Company f/k/a Kingsgate Telephone Inc. (ETS), which holds international section 214 authorization, ITC-214-19960311-00007, from En-Touch Holdings, LLC (Holdings) to ACME Communications, Inc. (ACME). ETS is a wholly-owned subsidiary of En-Touch Systems, Inc. (En-Touch), which is a wholly-owned subsidiary of Holdings. Pursuant to a Securities Purchase Agreement, dated March 24, 2017, Holdings will sell 100 percent of the outstanding stock of En-Touch to ACME, and upon closing En-Touch and ETS will become, respectively, wholly owned direct and indirect subsidiaries of ACME. ACME is majority owned (95%) by Jim Chiu, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20170414-00070 E Catskills Communications, Inc. d/b/a MTC Long Distance Transfer of Control Grant of Authority Date of Action: 05/19/2017 Current Licensee: Catskills Communications, Inc. d/b/a MTC Long Distance FROM: Margaretville Telephone Company, Inc TO: Margaretville Telephone Co., Inc. Employee Stock Ownership Application filed for consent to the transfer of control of Catskills Communications, Inc. d/b/a MTC Long Distance (MTC LD), which holds international section 214 authorization, ITC-214-19970225-00116. MTC LD is a wholly-owned subsidiary of Margaretville Telephone Company, Inc. (MTC). The Margaret Telephone Company, Inc. Employee Stock Ownership Plan (MTC ESOP), organized under the laws of the State of New York, currently holds an approximate 30 percent ownership interest in MTC. Through a series of internal steps, MTC ESOP will increase its current holdings through purchasing shares from existing shareholders. After consummation, MTC ESOP will have a 63.54 percent and controlling interest in MTC and MTC LD. In addition, Larry S. Roadman, a U.S. citizen, will hold 18.27 percent interest, Karen D. Harris, a U.S. citizen, will hold 9.88 percent interest, and the Dawn B. Rodman Irrevocable Trust with hold a 8.31 percent interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 7

ITC-T/C-20170417-00066 E RGT Utilities, Inc. Transfer of Control Grant of Authority Date of Action: 05/19/2017 Current Licensee: RGT Utilities, Inc. FROM: Rockefeller Group International, Inc. TO: ConvergeOne, Inc. Application filed for consent to the transfer of control of RGT Utilities, Inc. (RGT Utilities), which holds international section 214 authorization, ITC-214-19920105-00138, from Rockefeller Group International, Inc. (RGII) to ConvergeOne, Inc. (ConvergeOne). RGT Utilities is a wholly-owned subsidiary of Rockefeller Group Technology Solutions, Inc. (RGTS), which is a wholly-owned subsidiary of RGII. Pursuant to a Stock Purchase Agreement dated April 3, 2017, ConvergeOne will acquire all of the shares of RGTS from RGII, and upon closing, RGTS and RGT Utilities will become wholly-owned direct and indirect subsidiaries of ConvergeOne, respectively. ConvergeOne, Inc. (ConvergeOne), a Minnesota corporation is wholly owned by Clearlake Capital Partners III (Master), L.P. (CCP III (Master)), a Delaware limited partnership. Clearlake Capital Partners III, L.P. (CCP III), a Delaware limited partnership has a 100 percent interest in CCP III (Master). Clearlake Capital Partners III GP, L.P. (CCP III GP), a Delaware limited partnership, is the general partner of both CCP III and CCP III (Master). Clearlake Capital Partners, LLC (CCP LLC), a Delaware limited liability company, is the general partner of CCP III GP. CCG Operations, LLC (CCGO), a Delaware limited liability company, is the managing member of CCP LLC. In turn, CCGO is owned by JK Pacific Group, LLC (JKPG) (approx. 50%), a California limited liability company, and Eden Rock Investments, LLC (ERI) (approx. 50%), a California limited liability company. JKPG is wholly owned by Jose Feliciano and Kwanza Jones Revocable Trust, a U.S. entity (Joint beneficiaries: Jose Feliciano and Kwanza Jones, both U.S. citizens). ERI is wholly owned by Behdad Eghball, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20170417-00067 E RGT Utilities of California, Inc. Transfer of Control Grant of Authority Date of Action: 05/19/2017 Current Licensee: RGT Utilities of California, Inc. FROM: Rockefeller Group International, Inc. TO: ConvergeOne, Inc. Application filed for consent to the transfer of control of RGT Utilities of California, Inc. (RGT Utilities CA), which holds international section 214 authorization, ITC-214-20020829-00434, from Rockefeller Group International, Inc. (RGII) to ConvergeOne, Inc. (ConvergeOne). RGT Utilities CA is a wholly-owned subsidiary of Rockefeller Group Technology Solutions, Inc. (RGTS), which is a wholly-owned subsidiary of RGII. Pursuant to a Stock Purchase Agreement dated April 3, 2017, ConvergeOne will acquire all of the shares of RGTS from RGII, and upon closing, RGTS and RGT Utilities CA will become wholly-owned direct and indirect subsidiaries of ConvergeOne, respectively. ConvergeOne, Inc. (ConvergeOne), a Minnesota corporation is wholly owned by Clearlake Capital Partners III (Master), L.P. (CCP III (Master)), a Delaware limited partnership. Clearlake Capital Partners III, L.P. (CCP III), a Delaware limited partnership has a 100 percent interest in CCP III (Master). Clearlake Capital Partners III GP, L.P. (CCP III GP), a Delaware limited partnership, is the general partner of both CCP III and CCP III (Master). Clearlake Capital Partners, LLC (CCP LLC), a Delaware limited liability company, is the general partner of CCP III GP. CCG Operations, LLC (CCGO), a Delaware limited liability company, is the managing member of CCP LLC. In turn, CCGO is owned by JK Pacific Group, LLC (JKPG) (approx. 50%), a California limited liability company, and Eden Rock Investments, LLC (ERI) (approx. 50%), a California limited liability company. JKPG is wholly owned by Jose Feliciano and Kwanza Jones Revocable Trust, a U.S. entity (Joint beneficiaries: Jose Feliciano and Kwanza Jones, both U.S. citizens). ERI is wholly owned by Behdad Eghball, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20170417-00072 E RGT Utlities of Connecticut, Inc. Transfer of Control Grant of Authority Date of Action: 05/19/2017 Current Licensee: RGT Utlities of Connecticut, Inc. FROM: Rockefeller Group International, Inc. TO: ConvergeOne, Inc. Application filed for consent to the transfer of control of RGT Utilities of Connecticut, Inc. (RGT Utilities CN), which holds international section 214 authorization, ITC-214-20030214-00100, from Rockefeller Group International, Inc. (RGII) to ConvergeOne, Inc. (ConvergeOne). RGT Utilities CN is a wholly-owned subsidiary of Rockefeller Group Technology Solutions, Inc. (RGTS), which is a wholly-owned subsidiary of RGII. Pursuant to a Stock Purchase Agreement dated April 3, 2017, ConvergeOne will acquire all of the shares of RGTS from RGII, and upon closing, RGTS and RGT Utilities CN will become wholly-owned direct and indirect subsidiaries of ConvergeOne, respectively. ConvergeOne, Inc. (ConvergeOne), a Minnesota corporation is wholly owned by Clearlake Capital Partners III (Master), L.P. (CCP III (Master)), a Delaware limited partnership. Clearlake Capital Partners III, L.P. (CCP III), a Delaware limited partnership has a 100 percent interest in CCP III (Master). Clearlake Capital Partners III GP, L.P. (CCP III GP), a Delaware limited partnership, is the general partner of both CCP III and CCP III (Master). Clearlake Capital Partners, LLC (CCP LLC), a Delaware limited liability company, is the general partner of CCP III GP. CCG Operations, LLC (CCGO), a Delaware limited liability company, is the managing member of CCP LLC. In turn, CCGO is owned by JK Pacific Group, LLC (JKPG) (approx. 50%), a California limited liability company, and Eden Rock Investments, LLC (ERI) (approx. 50%), a California limited liability company. JKPG is wholly owned by Jose Feliciano and Kwanza Jones Revocable Trust, a U.S. entity (Joint beneficiaries: Jose Feliciano and Kwanza Jones, both U.S. citizens). ERI is wholly owned by Behdad Eghball, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20170417-00073 E Rockefeller Group Communications, Inc. Transfer of Control Grant of Authority Date of Action: 05/19/2017 Current Licensee: Rockefeller Group Communications, Inc. FROM: Rockefeller Group International, Inc. TO: ConvergeOne, Inc. Application filed for consent to the transfer of control of Rockefeller Group Communications, Inc. (RGCI), which holds international section 214 authorization, ITC-214-20090901-00405, from Rockefeller Group International, Inc. (RGII) to ConvergeOne, Inc. (ConvergeOne). RGCI is a wholly-owned subsidiary of Rockefeller Group Technology Solutions, Inc. (RGTS), which is a wholly-owned subsidiary of RGII. Pursuant to a Stock Purchase Agreement dated April 3, 2017, ConvergeOne will acquire all of the shares of RGTS from RGII, and upon closing, RGTS and RGCI will become wholly-owned direct and indirect subsidiaries of ConvergeOne, respectively. ConvergeOne, Inc. (ConvergeOne), a Minnesota corporation is wholly owned by Clearlake Capital Partners III (Master), L.P. (CCP III (Master)), a Delaware limited partnership. Clearlake Capital Partners III, L.P. (CCP III), a Delaware limited partnership has a 100 percent interest in CCP III (Master). Clearlake Capital Partners III GP, L.P. (CCP III GP), a Delaware limited partnership, is the general partner of both CCP III and CCP III (Master). Clearlake Capital Partners, LLC (CCP LLC), a Delaware limited liability company, is the general partner of CCP III GP. CCG Operations, LLC (CCGO), a Delaware limited liability company, is the managing member of CCP LLC. In turn, CCGO is owned by JK Pacific Group, LLC (JKPG) (approx. 50%), a California limited liability company, and Eden Rock Investments, LLC (ERI) (approx. 50%), a California limited liability company. JKPG is wholly owned by Jose Feliciano and Kwanza Jones Revocable Trust, a U.S. entity (Joint beneficiaries: Jose Feliciano and Kwanza Jones, both U.S. citizens). ERI is wholly owned by Behdad Eghball, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20170418-00068 E Westphalia Broadband, Inc. Transfer of Control Grant of Authority Date of Action: 05/19/2017 Current Licensee: Westphalia Broadband, Inc. FROM: Clinton County Telephone Co TO: Chapin Communications Corporation Application filed for consent to the transfer of control of Westphalia Broadband, Inc. (WBI), which holds international section 214 authorization, ITC-214-19980710-00463, from Clinton County Telephone Company (Clinton) to Chapin Communications Corporation (CCC). Pursuant to a stock purchase agreement, CCC will purchase the issued and outstanding stock of WBI and its affiliated rural independent incumbent local exchange carrier Westphalia Telephone Company, Inc. Upon closing, WBI will become a wholly owned subsidiary of CCC. There are no ten percent or greater direct or indirect owners of CCC, and operational control rests with its seven member Board of Directors, all U.S. citizens: Aaron Somers, Steve Maynard, Ron Maynard, Laurie Ringle, Daren Mort, Gene Maynard, and Roger Reed. This authorization is without prejudice to the Commission's action in any other related pending proceedings. INFORMATIVE ITC-214-19980303-00160 TELENOR GLOBAL SERVICES AS Page 4 of 7

INFORMATIVE By letter filed May 01, 2017, Applicant notified the Commission that the following wholly-owned subsidiaries may provide international telecommunications service under the international section 214 authorization held by the applicant, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): Telenor Global Wholesale USA, LLC. 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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Document Modified: 2017-05-24 17:21:11
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