Public Notice TEL01856

International Telecommunications

Action Taken Public Notice

2017-07-06

FCC.report > IB > Public Notices > TEL01856

Filings Included

File NumberService
ITC-T/C-20170524-00100International Telecommunications
ITC-T/C-20170524-00101International Telecommunications
ITC-T/C-20170210-00015International Telecommunications
ITC-214-20160628-00179International Telecommunications
IBFS_PN_1245101

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. 17-649 Report No. TEL-01856 Thursday July 6, 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-214-20160628-00179 E Arycom USA LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/29/2017 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 5

ITC-T/C-20170210-00015 E TeleGuam Holdings, LLC Transfer of Control Grant of Authority Date of Action: 06/22/2017 Current Licensee: TeleGuam Holdings, LLC FROM: AP TeleGuam Holdings, Inc. TO: Forager Holdings Corp. Application filed for consent to the transfer of control of TeleGuam Holdings, LLC (TeleGuam), which holds international section 214 authorizations ITC-214-20041117-00453 and ITC-214-20060202-00082, from its 100 percent direct parent, AP TeleGuam Holdings, Inc. (AP TG), to Forager Holdings Corp. (Forager). Pursuant to the terms of an Agreement and Plan of Merger dated January 31, 2017, Forager will acquire all of the ownership interests in AP TG, thereby acquiring indirect ownership of TeleGuam. Specifically, Forager Acquisition Corp., a wholly-owned subsidiary of Forager, will merge with and into AP TG, with AP TG being the surviving entity. As a result, AP TG (which will be renamed TeleGuam Holdings, Inc. upon the consummation of the merger) will become a direct wholly-owned subsidiary of Forager, and TeleGuam will become an indirect wholly-owned subsidiary of Forager. Forager, a Delaware corporation, is owned by two stockholders: B88 Financial Group LLC (B88) and Mariana Holdings, LLC (Mariana Holdings). B88, a Delaware limited liability company, will hold 100 percent of the voting stock of Forager and is expected to hold less than 10 percent of the total equity. B88 is owned and controlled by Benjamin Wu, a U.S. citizen. Mariana Holdings, a Delaware limited liability company, is expected to hold a majority of the non-voting stock of Forager. Mariana Holdings is owned by Huntsman Family Investments, LLC (HFI), a Delaware limited liability company (20%) and The Huntsman Foundation, a Utah non-profit corporation (80%). HFI is owned and controlled by Jon M. Huntsman Sr. and Paul Huntsman, both U.S. citizens. The Huntsman Foundation is controlled by Jon M. Huntsman Sr. No other person or entity will hold a ten percent or greater direct or indirect equity or voting interest in Forager or TeleGuam. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20170524-00100 E West IP Communications, Inc. Transfer of Control Grant of Authority Date of Action: 06/30/2017 Current Licensee: West IP Communications, Inc. FROM: West Corporation TO: Olympus Holdings II, LLC Application filed for consent to the transfer of control of West IP Communications, Inc. (WIPC), which holds international section 214 authorization ITC-214-20110309-00066, from West Corporation (West), its 100 percent indirect parent, to Olympus Holdings II, LLC (Olympus). Pursuant to the terms of an agreement and plan of merger dated May 9, 2017, Olympus Merger Sub, Inc., a wholly-owned subsidiary of Olympus, will merge with and into West, with West emerging as the surviving entity. The current issued and outstanding shares of West will be converted into the right for each West shareholder to receive a cash payment. After closing, West will become a wholly-owned direct subsidiary of Olympus, and WIPC will remain a wholly-owned indirect subsidiary of West and will become a wholly-owned indirect subsidiary of Olympus. Olympus, a Delaware limited liability company, is wholly owned by Olympus Holdings I, LLC (Olympus Holdings), a Delaware limited liability company. Olympus Holdings, in turn, is wholly owned by Mount Olympus Holdings, Inc. (Mount Olympus Holdings), a Delaware entity. Mount Olympus Holdings is owned by (1) Mount Olympus Parent, L.P. (Mount Olympus Parent), a Delaware limited partnership (100% equity interest as sole Class B non-voting shareholder), and (2) AP VIII Olympus VoteCo, LLC (VoteCo), a Delaware limited liability company (100% voting interest as sole Class A voting shareholder). Joshua J. Harris, Matthew Nord, and Robert Kalsow-Ramos, all U.S. citizens, will each hold 33.3 percent equity interests in VoteCo. Mr. Harris will hold 51 percent voting interest and the power to appoint the two-person board of managers. Messrs Nord and Kalsow-Ramos are members and the initial two managers of VoteCo. They will each hold 24.5 percent voting interests. The following two limited partnerships are expected to hold ten percent or greater direct equity interests in Mount Olympus Parent, L.P: AP VIII Olympus Holdings, L.P., a Delaware limited partnership that is a limited partner (approx. 75-85% equity), and AP Olympus Co-Invest, L.P., a Delaware limited partnership (potentially greater than 10% equity). The following three entities will hold ten percent or greater direct equity interest in AP VIII Olympus Holdings, L.P.: Apollo Investment Fund VIII, L.P. (AIF VIII), a Delaware limited partnership (47.93% equity); AOP VIII (AIV), L.P. (AOP VIII), a Delaware limited partnership (14.67% equity); Apollo Overseas Partners (Delaware 892) VIII, L.P. (AOP DE 892), a Delaware limited partnership (30.07% equity). No entity or individual holds a ten percent or greater interest in AIF VIII, AOP VIII, or AOP DE 892. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5

ITC-T/C-20170524-00101 E West Telecom Services, LLC Transfer of Control Grant of Authority Date of Action: 06/30/2017 Current Licensee: West Telecom Services, LLC FROM: West Corporation TO: Olympus Holdings II, LLC Application filed for consent to the transfer of control of West Telecom Services, LLC (fka HyperCube Telecom, LLC) (West Telecom), which holds international section 214 authorization ITC-214-20050203-00058, from West Corporation (West), its 100 percent direct parent, to Olympus Holdings II, LLC (Olympus). Pursuant to the terms of an agreement and plan of merger dated May 9, 2017, Olympus Merger Sub, Inc. (Merger Sub), a wholly-owned subsidiary of Olympus, will merge with and into West, with West emerging as the surviving entity. The current issued and outstanding shares of West will be converted into the right for each West shareholder to receive a cash payment. After closing, West will become a wholly-owned direct subsidiary of Olympus, and West Telecom will remain a direct subsidiary of West and will become an indirect subsidiary of Olympus. Olympus, a Delaware limited liability company, is wholly owned by Olympus Holdings I, LLC (Olympus Holdings), a Delaware limited liability company. Olympus Holdings, in turn, is wholly owned by Mount Olympus Holdings, Inc. (Mount Olympus Holdings), a Delaware entity. Mount Olympus Holdings is owned by (1) Mount Olympus Parent, L.P. (Mount Olympus Parent), a Delaware limited partnership (100% equity interest as sole Class B non-voting shareholder), and (2) AP VIII Olympus VoteCo, LLC (VoteCo), a Delaware limited liability company (100% voting interest as sole Class A voting shareholder). Joshua J. Harris, Matthew Nord, and Robert Kalsow-Ramos, all U.S. citizens, will each hold 33.3 percent equity interests in VoteCo. Mr. Harris will hold 51 percent voting interest and the power to appoint the two-person board of managers. Messrs Nord and Kalsow-Ramos are members and the initial two managers of VoteCo. They will each hold 24.5 percent voting interests. The following two limited partnerships are expected to hold ten percent or greater direct equity interests in Mount Olympus Parent, L.P: AP VIII Olympus Holdings, L.P., a Delaware limited partnership that is a limited partner (approx. 75-85% equity), and AP Olympus Co-Invest, L.P., a Delaware limited partnership (potentially greater than 10% equity). The following three entities will hold ten percent or greater direct equity interest in AP VIII Olympus Holdings, L.P.: Apollo Investment Fund VIII, L.P. (AIF VIII), a Delaware limited partnership (47.93% equity); AOP VIII (AIV), L.P. (AOP VIII), a Delaware limited partnership (14.67% equity); Apollo Overseas Partners (Delaware 892) VIII, L.P. (AOP DE 892), a Delaware limited partnership (30.07% equity). No entity or individual holds a ten percent or greater interest in AIF VIII, AOP VIII, or AOP DE 892. This authorization is without prejudice to the Commission's action in any other related pending proceedings. 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: 2017-07-05 18:49:58
Document Modified: 2017-07-05 18:49:58
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