Public Notice TEL01868

International Telecommunications

Action Taken Public Notice

2017-09-28

FCC.report > IB > Public Notices > TEL01868

8 Filings Included [expand]

IBFS_PN_1282427

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. 17-942 Report No. TEL-01868 Thursday September 28, 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-214-20170828-00147 E Call Networks 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: 09/22/2017 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). Page 1 of 6

ITC-ASG-20170918-00156 E Fusion Global Services LLC Assignment Grant of Authority Date of Action: 09/27/2017 Current Licensee: Fidelity Telecom, LLC FROM: Fidelity Telecom, LLC TO: Fusion Global Services LLC Notification filed September 18, 2017, of the pro forma assignment of international section 214 authorization, ITC-214-20091217-00545, held by Fidelity Telecom, LLC (Fidelity) to Fusion Global Services LLC (FGS), effective August 31, 2017. At the time of the transaction, both Fidelity and FGS were wholly-owned subsidiaries of Fusion Telecommunications International, Inc. (Fusion). Subsequent to the assignment, on September 1, 2017, FGS sold 40% of its membership interests to Xcomip, LLC. Fidelity now provides international service to its customers under authority of the international 214 authorization held by its 100% parent, Fusion, ITC-214-19971001-00592, pursuant to Section 63.21(h) of the Commission's rules, 47 CFR § 63.21(h). ITC-T/C-20170818-00136 E Globecomm Systems, Inc. Transfer of Control Grant of Authority Date of Action: 09/22/2017 Current Licensee: Globecomm Systems, Inc. FROM: Wasserstein Cosmos Co-Invest, L.P. TO: HCT Acquisition, LLC Application filed for consent to the transfer of control of Globecomm Systems, Inc. (Globecomm), which holds international section 214 authorization ITC-214-20030811-00396, from Wasserstein Cosmos Co-Invest, L.P. to HCT Acquisition, LLC. Wasserstein owns 95.5% of the shares of Cosmos Holdings Acquisition Corp. (Cosmos), the direct 100% parent of Globecomm. Pursuant to an August 7, 2017 Agreement and Plan of Merger, HCT Merger Sub Corporation, a subsidiary of HCT, will merge with and into Cosmos with Cosmos being the surviving entity. Upon consummation, Cosmos and Globecomm will be direct and indirect wholly-owned subsidiaries of HCT, respectively. HCT, a Delaware limited liability company, will be owned by a group of investors including: (1) Lincoln Investment Solutions, Inc. (Lincoln Investments), a Delaware holding company (37.5% equity and voting interests), (2) American United Life Insurance Company (American United), an Indiana corporation (25.01% equity and voting interests), (3) various investment funds managed by Cerberus Capital Management II, LP (Cerberus Capital), all Delaware entities, and (4) and various investment funds managed Tennenbaum Capital Partners, LLC (Tennenbaum Capital), all Delaware entities. Lincoln Investments and American United are parties to investment management agreements with HPS Investment Partners, LLC (HPS), a Delaware limited liability company, pursuant to which HPS will exercise discretion and control over their investments in HCT. The ultimate parent of Lincoln Investments is Lincoln National Corporation, an Indiana corporation. The ultimate parent of American United is American United Mutual Insurance Holding Company, an Indiana corporation. No shareholder of Lincoln National Corporation or American United Mutual Insurance Company will have a 10% or greater interest in HCT or Globecomm. HPS Investment Partners does not hold any equity interests in Lincoln Investment Solutions or American United, and will not hold an ownership interest in HCT. However, HPS, through its investment management relationships with these entities will have a controlling interest in HCT. HPS is ultimately owned by Mr. Scott Kapnick, a U.S. citizen. Various U.S. funds ultimately managed by Cerberus Capital will individually hold ownership interests of less than 10% in HCT, but collectively will hold a 16% direct ownership interest in HCT post-consummation. Cerberus Capital is ultimately controlled by Mr. Stephen Feinberg, a U.S. citizen. Various U.S. funds ultimately managed by Tennenbaum Capital will individually hold ownership interests of less than 10% in HCT, but collectively will hold a 21.49% direct ownership interest in HCT post-consummation. The investment committee for Tennenbaum Capital has four voting members - Howard Levkowitz, Michael Leitner, Rajneesh Vig, and Philip Tseng, each U.S. citizens - none of whom will hold an attributable 10 percent or greater ownership or a controlling interest in HCT post-consummation. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 6

ITC-T/C-20170818-00137 E Telaurus Communications LLC Transfer of Control Grant of Authority Date of Action: 09/22/2017 Current Licensee: Telaurus Communications LLC FROM: Wasserstein Cosmos Co-Invest, L.P. TO: HCT Acquisition, LLC Application filed for consent to the transfer of control of Telaurus Communications LLC (Telaurus), which holds international section 214 authorization ITC-214-20090717-00337, from its indirect controlling parent, Wasserstein Cosmos Co-Invest, L.P. (Wasserstien), to HCT Acquisition, LLC (HCT). Wasserstein owns 95.5% of the shares of Cosmos Holdings Acquisition Corp. (Cosmos), the indirect 100% parent of Telaurus. Pursuant to an August 7, 2017 Agreement and Plan of Merger, HCT Merger Sub Corporation, a subsidiary of HCT, will merge with and into Cosmos with Cosmos being the surviving entity. Upon consummation, Cosmos and Telaurus will be direct and indirect wholly-owned subsidiaries of HCT, respectively. HCT, a Delaware limited liability company, will be owned by a group of investors including: (1) Lincoln Investment Solutions, Inc. (Lincoln Investments), a Delaware holding company (37.5% equity and voting interests), (2) American United Life Insurance Company (American United), an Indiana corporation (25.01% equity and voting interests), (3) various investment funds managed by Cerberus Capital Management II, LP (Cerberus Capital), all Delaware entities, and (4) and various investment funds managed Tennenbaum Capital Partners, LLC (Tennenbaum Capital), all Delaware entities. Lincoln Investments and American United are parties to investment management agreements with HPS Investment Partners, LLC (HPS), a Delaware limited liability company, pursuant to which HPS will exercise discretion and control over their investments in HCT. The ultimate parent of Lincoln Investments is Lincoln National Corporation, an Indiana corporation. The ultimate parent of American United is American United Mutual Insurance Holding Company, an Indiana corporation. No shareholder of Lincoln National Corporation or American United Mutual Insurance Company will have a 10% or greater interest in HCT or Telaurus. HPS Investment Partners does not hold any equity interests in Lincoln Investment Solutions or American United, and will not hold an ownership interest in HCT. However, HPS, through its investment management relationships with these entities will have a controlling interest in HCT. HPS is ultimately owned by Mr. Scott Kapnick, a U.S. citizen. Various U.S. funds ultimately managed by Cerberus Capital will individually hold ownership interests of less than 10% in HCT, but collectively will hold a 16% direct ownership interest in HCT post-consummation. Cerberus Capital is ultimately controlled by Mr. Stephen Feinberg, a U.S. citizen. Various U.S. funds ultimately managed by Tennenbaum Capital will individually hold ownership interests of less than 10% in HCT, but collectively will hold a 21.49% direct ownership interest in HCT post-consummation. The investment committee for Tennenbaum Capital has four voting members - Howard Levkowitz, Michael Leitner, Rajneesh Vig, and Philip Tseng, each U.S. citizens - none of whom will hold an attributable 10 percent or greater ownership or a controlling interest in HCT post-consummation. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20170821-00134 E Transbeam Inc. Transfer of Control Grant of Authority Date of Action: 09/22/2017 Current Licensee: Transbeam Inc. FROM: Transbeam Inc. TO: GTT Americas LLC Application filed for consent to the transfer of control of Transbeam, Inc. (Transbeam), which holds international section 214 authorization ITC-214-20061101-00500, to GTT Americas LLC (GTTA). Pursuant to an August 20, 2017 Agreement and Plan of Merger, GTI TBI Merger Sub. Inc., a wholly-owned subsidiary of GTTA, will merge with and into Transbeam, with Transbeam being the surviving entity. Upon closing, Transbeam will become a direct wholly-owned subsidiary of GTTA. GTTA is a wholly-owned subsidiary of GTT Communications, Inc. (GTT Parent), both Delaware entities. GTT Parent is a publicly traded company whose stock ownership varies on a daily basis. Applicants state that the only entity or individual that currently holds a 10 percent or greater direct or indirect ownership interest in GTT Parent is Universal Telecommunications, Inc. (UTI), a Delaware corporation that holds a direct approximately 16.60 percent interest. H. Brian Thompson, an individual who is a citizen of botht he United States and Ireland, is a majority shareholder in UTI, thus holding an approximately 16.60 percent indirect interest in GTT Parent. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

ITC-T/C-20170907-00151 E Sigecom, LLC Transfer of Control Grant of Authority Date of Action: 09/27/2017 Current Licensee: Sigecom, LLC FROM: WideOpenWest, Inc. TO: WideOpenWest, Inc. Notification filed September 7, 2017, of the pro forma transfer of control of Sigecom, LLC (Sigecom), which holds international section 214 authorization, ITC-214-19991026-00677, effective September 5, 2017. Sigecom is an indirect, wholly-owned subsidiary of WideOpenWest, Inc. (WOW!). Although no entity holds 50 percent or more of WOW!, Avista Capital Managing Member, LLC (Avista) and Crestview, L.L.C. (Crestview), shared negative control rights through their rights to each appoint three directors to the WOW! Board of Directors (Board) and their contractual veto rights. WOW! has increased the size of the Board and appointed additional independent directors. Consequently, Avista and Crestview no longer share negative control of the Board, and no particular entity controls WOW! or Sigecom. ITC-T/C-20170907-00152 E Knology, Inc. Transfer of Control Grant of Authority Date of Action: 09/27/2017 Current Licensee: Knology, Inc. FROM: WideOpenWest, Inc. TO: WideOpenWest, Inc. Notification filed September 7, 2017, of the pro forma transfer of control of Knology, Inc. (Knology), which holds international section 214 authorization, ITC-214-20000203-00075, effective September 5, 2017. Knology is an indirect, wholly-owned subsidiary of WideOpenWest, Inc. (WOW!). Although no entity holds 50 percent or more of WOW!, Avista Capital Managing Member, LLC (Avista) and Crestview, L.L.C. (Crestview), shared negative control rights through their rights to each appoint three directors to the WOW! Board of Directors (Board) and their contractual veto rights. WOW! has increased the size of the Board and appointed additional independent directors. Consequently, Avista and Crestview no longer share negative control of the Board, and no particular entity controls WOW! or Knology. Pursuant to Section 63.21(h), 47 CFR § 63.21(h), the following wholly-owned subsidiaries of Knology, INC. operate under the international Section 214 authorization, ITC-214-20000203-00075: Globe Telecommunications, Inc., Knology of Alabama, Inc., Knology of Florida, LLC, Knology of Georgia, Inc., Knology of South Carolina, Inc., Knology of Tennessee, Inc., Knology of the Valley, Inc., Knology Total Communications, Inc., Valley Telephone Company, LLC, and Wiregrass Telecom, Inc. SURRENDER ITC-214-20140115-00026 BT Group Applicant notified the Commission of the Surrender of its international section 214 authorization by letter dated September 15, 2017.. Page 4 of 6

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 5 of 6

(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 6 of 6


Document Created: 2017-09-27 22:21:40
Document Modified: 2017-09-27 22:21:40
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