Public Notice TEL01876

International Telecommunications

Action Taken Public Notice

2017-11-09

FCC.report > IB > Public Notices > TEL01876

8 Filings Included [expand]

IBFS_PN_1301343

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. 17-1097 Report No. TEL-01876 Thursday November 9, 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-214-20170816-00143 E BT Group, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service Grant of Authority Date of Action: 11/03/2017 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1). ITC-214-20171016-00172 E Astound Phone Services, 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: 11/03/2017 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-20171006-00165 E RGT Utilities, Inc. Assignment Grant of Authority Date of Action: 11/08/2017 Current Licensee: Rockefeller Group Communications, Inc. FROM: Rockefeller Group Communications, Inc. TO: RGT Utilities, Inc. Notification filed October 6, 2017, of the pro forma assignment of international section 214 authorization ITC-214-20090901-00405, from Rockefeller Group Communications, Inc. (RGC) to RGT Utilities, Inc. (RGTU), effective September 15, 2017. Both RGC and RGTU were wholly-owned subsidiaries of Rockefeller Group Technology Solutions, Inc. (Technology Solutions). In a corporate reorganization, RGC merged into RGTU, with RGTU being the surviving entity. RGTU continues to be a wholly-owned subsidiary of Technology Solutions. As part of the reorganization Technology Solutions changed its name to RGTS, Inc. ITC-ASG-20171006-00166 E RGT Utilities, Inc. Assignment Grant of Authority Date of Action: 11/08/2017 Current Licensee: RGT Utlities of Connecticut, Inc. FROM: RGT Utlities of Connecticut, Inc. TO: RGT Utilities, Inc. Notification filed October 6, 2017, of the pro forma assignment of international section 214 authorization ITC-214-20030214-00100, from RGT Utilities of Connecticut, Inc. (RGTU-CT) to RGT Utilities, Inc. (RGTU), effective September 15, 2017. Both RGTU-CT and RGTU were wholly-owned subsidiaries of Rockefeller Group Technology Solutions, Inc. (Technology Solutions). In a corporate reorganization, RGTU-CT merged into RGTU, with RGTU being the surviving entity. RGTU continues to be a wholly-owned subsidiary of Technology Solutions. As part of the reorganization Technology Solutions changed its name to RGTS, Inc. ITC-ASG-20171006-00167 E RGT Utilities, Inc. Assignment Grant of Authority Date of Action: 11/08/2017 Current Licensee: RGT Utilities of California, Inc. FROM: RGT Utilities of California, Inc. TO: RGT Utilities, Inc. Notification filed October 6, 2017, of the pro forma assignment of international section 214 authorization ITC-214-20020829-00434, from RGT Utilities of California, Inc. (RGTU-CA) to RGT Utilities, Inc. (RGTU), effective September 15, 2017. Both RGTU-CA and RGTU were wholly-owned subsidiaries of Rockefeller Group Technology Solutions, Inc. (Technology Solutions). In a corporate reorganization, RGTU-CA merged into RGTU, with RGTU being the surviving entity. RGTU continues to be a wholly-owned subsidiary of Technology Solutions. As part of the reorganization Technology Solutions changed its name to RGTS, Inc. Page 2 of 6

ITC-T/C-20170302-00027 E LUMOS NETWORKS OPERATING COMPANY Transfer of Control Grant of Authority Date of Action: 11/08/2017 Current Licensee: LUMOS NETWORKS OPERATING COMPANY FROM: Lumos Networks Corp. TO: MTN Infrastructure TopCo, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970418-00215, held by Lumos Networks Operating Company (Lumos Networks Operating), from its 100% direct parent, Lumos Networks Corp. (Lumos Parent), to MTN Infrastructure TopCo, Inc. (MTN Infrastructure). Pursuant to the terms of an agreement and plan of merger dated February 18, 2017, MTN Infrastructure BidCo, Inc. (Merger Sub), a wholly owned subsidiary of MTN Infrastructure, created to effectuate the transaction, will merge with and into Lumos Parent, with Lumos Parent emerging as the surviving corporation. Upon closing, Lumos Parent and Lumos Networks Operating will become, direct and indirect subsidiaries of MTN Infrastructure, respectively. Upon consummation, MTN Infrastructure will be owned by various investment funds ultimately managed by EQT AB, a Swedish entity. EQT AB, is owned by EQT International Holdings B.V., a Netherlands entity (81%) and Investor Investment Holding AB, a Swedish entity (19%). EQT Holdings Cooperatief W.A., a Dutch cooperative association of its members, is the 100% equity owner of EQT International Holdings B.V. No single member holds 10 percent or greater voting rights under its articles of formation. However, one member exercises 12.97% voting rights - Qarlbo Netherlands B.V, a Netherlands entity. It is wholly owned by Conni Yngve Jonsson, a Swedish citizen. EQT Holdings Cooperatief W.A. is managed by two individuals, Victor Alexander de Roo and Martijn van der Schaaf, both citizens of Netherland and appointed by majority vote. Investor AB, a Swedish publicly traded company, holds 100% indirect interest in Investor Investment Holding AB through its interest in Investor Holding AB, both Swedish entities. The ownership of Investor AB is broadly held and no single entity or individual will have a 10 percent or greater equity or controlling interest in Investor AB. The various intermediate funds between MTN Infrastructure and EQT AB that will have a 10 percent of greater direct or indirect interest in Lumos Networks Networks Operating are: (1) MTN Infrastructure Intermediate, LP, a Delaware limited partnership (sole general partner MTN Infrastructure Intermediate GP, Inc., a Delaware general partnership); (2) MTN Infrastructure TopCo Blocker, Inc., a Delaware company (100 percent as sole limited partner of MTN Infrastructure Intermediate LP and 100% owner of MTN Infrastructure Intermediate GP, Inc.); and, (3) MTN Infrastructure TopCo, LP, a Delaware limited partnership (100 percent equity and voting interests in MTN Infrastructure TopCo Blocker, Inc.) (sole general partner MTN Infrastructure TopCo GP, LLC). Upon completion of the transaction the following entities will each be limited partners of MTN Infrastructure TopCo, LP, and as a result may hold a 10 percent or greater interest in Lumos Parent and Lumos Networks Operating: MTN Infrastructure Lux II S.a.r.l.; MTN Infrastructure Lux III S.a.r.l.; MTN Infrastructure Co-invest 1 SCSp; MTN Infrastructure Co-invest 2 SCSp, MTN Infrastructure Sidecar 1 SCSp; and MTN Infrastructure Sidecar 2 SCSp (all Luxembourg entities). The immediate controlling owner of each of these limited partners is EQT Infrastructure III (GP) SCS, a Luxembourg entity. EQT Infrastructure III (GP) SCS is indirectly owned and controlled by EQT AB. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on November 7, 2017, by the U.S. Department of Justice (DOJ), to include its component, the Federal Bureau of Investigation, in concurrence with the Department of Homeland Security and the U.S. Department of Defense. Accordingly, we condition grant of this application for transfer of control of international section 214 authority on compliance by Lumos Networks Operating Company ("Lumos") with the commitments and undertakings set forth in the Letter of Agreement from Timothy G. Blitz, CEO, Lumos, to the Assistant Secretary General for National Security, DOJ, dated November 7, 2017 (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 by searching for ITC-T/C-20170302-00027 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-20170922-00158 E Benchmark Communications, LLC d/b/a Com One Transfer of Control Grant of Authority Date of Action: 11/03/2017 Current Licensee: Benchmark Communications, LLC d/b/a Com One FROM: Hunt Telecommunications, LLC TO: JMF Solutions, Inc Application filed for consent to the transfer of control of Benchmark Communications, LLC d/b/a Com One (Benchmark), which holds international section 214 authorization ITC-214-20041005-00393, from Hunt Telecommunications, LLC (Hunt) and Crescent Affiliates, Inc. (Crescent) to JMF Solutions, Inc. (JMF Solutions). Benchmark is 50% owned by Hunt and 50% owned by Crescent. Pursuant to an August 25, 2017 Agreement, JMF Solutions will acquire 100% of the outstanding membership interests in Benchmark from Hunt and Crescent. Following the transaction, Benchmark will be 100% owned by JMF Solutions, an Alabama corporation. Three individuals, all U.S. citizens, hold a ten percent or greater ownership interest in JMF Solutions: John Michael Francis, II (52%), Blake Svoboda (17%), and Mark Guidry (12%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

ITC-T/C-20170928-00157 E Gridley Communications, Inc. Transfer of Control Grant of Authority Date of Action: 11/03/2017 Current Licensee: Gridley Communications, Inc. FROM: Mail Holdings, Inc. TO: EGYPTIAN COMMUNICATION SERVICES INC Application filed for consent to the transfer of control of Gridley Communications, Inc. (GCI), which holds international section 214 authorization ITC-214-19960315-00004, from its 100% direct parent, Mail Holdings, Inc. (Mail Holdings), to Egyptian Communications Services, Inc. (ECSI). Pursuant to the proposed transaction, ECSI will purchase from Mail Holdings, the 100% ownership interest of GCI. After the transaction, GCI will be a wholly-owned subsidiary of ECSI. ECSI, an Illinois corporation, is a wholly-owned subsidiary of Egyptian Telephone Cooperative Association, Inc. (ETCA). ETCA is an Illinois telephone cooperative and no individual or entity owns 10% or more of ETCA. Operational control of ETCA and ECSI rests with the ETCA President, CEO, and Board of Directors, who are all U.S. citizens. The individuals comprising the ETCA President, CEO, and Board of Directors are: Phil Carson, Rudy Eggemeyer, Curtis Wolfe, David Goetting, Jonathan Krause, Kenny Hollmann, David Ibendahl, Kevin Nurnberger, Susan B. Wennemann, and Kevin J. Jacobsen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. 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 annual circuit capacity reports required by Section 43.62(a). See http://www.fcc.gov/encyclopedia/circuit-capacity-report. (8) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. (9) 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. (10) 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. (11) 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. (12) Carriers shall comply with the Communications Assistance for Law Enforcement Act (CALEA), see 47 C.F.R. §§ 1.20000 et seq. Page 5 of 6

(13) 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: 2017-11-08 16:54:16
Document Modified: 2017-11-08 16:54:16
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