Public Notice TEL01878

International Telecommunications

Action Taken Public Notice

2017-11-24

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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. 17-1143 Report No. TEL-01878 Friday November 24, 2017 International Authorizations Granted Section 214 Applications (47 C.F.R. §§ 63.18, 63.24); Section 310(b) Petitions (47 C.F.R. § 1.5000) 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-214-20151230-00313 E Bharti Airtel (USA) Ltd. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 11/15/2017 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on November 14, 2017 (dated November 13, 2017), by the U.S. Department of Justice (DOJ). Accordingly, we condition grant of this application for international section 214 authority on compliance by Bharti Airtel (USA) Ltd. (Bharti Airtel) with the commitments and undertakings set forth in the Letter of Agreement from Eric Gillenwater, CEO, Bharti Airtel, to the Assistant Attorney General for National Security, DOJ, dated November 6, 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-214-20151230-00313 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 6

ITC-214-20161219-00353 E TvF Cloud, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/22/2017 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on November 22, 2017, by the U.S. Department of Justice (DOJ). Accordingly, we condition grant of this application for international section 214 authority on compliance by TvF Cloud, Inc. (TvF) with the commitments and undertakings set forth in the Letter of Agreement from Paul B. Harrison, President, TvF, to the Assistant Attorney General for National Security, DOJ, dated November 20, 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-214-20161219-00353 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-ASG-20171009-00169 E First Communications, LLC Assignment Grant of Authority Date of Action: 11/21/2017 Current Licensee: Xtension Services Inc. FROM: Xtension Services Inc. TO: First Communications, LLC Notification filed October 9, 2017, of the pro forma assignment of international section 214 authorization, ITC-214-20010305-00116, from Xtension Services, Inc. (XSI) to First Communications, LLC (FCL), effective October 1, 2017. XSI and FCL were both wholly-owned subsidiaries of Summit Data Services Inc. (Summit). In a corporate restructuring, XSI was merged with and into FCL, with FCL emerging as the surviving entity. FCL continues to be a wholly-owned subsidiary of Summit. ITC-ASG-20171031-00204 E Cricket Wireless LLC Assignment Grant of Authority Date of Action: 11/21/2017 Current Licensee: Cricket Communications, LLC FROM: Cricket Communications, LLC TO: Cricket Wireless LLC Notification filed October 31, 2017, of the pro forma assignment of international section 214 authorization, ITC-214-20100604-00227, from Cricket Communications, LLC (Cricket Communications) to Cricket Wireless, LLC (Cricket Wireless), effective October 1, 2017. Cricket Communications and Cricket Wireless were wholly-owned subsidiaries of AT&T, Inc. In a corporate restructuring, Cricket Communications was merged with and into Cricket Wireless, with Cricket Wireless emerging as the surviving entity. Cricket Wireless continues to be a wholly-owned subsidiary of AT&T, Inc. ITC-ASG-20171031-00206 E Peoples Communications, LLC Assignment Grant of Authority Date of Action: 11/22/2017 Current Licensee: Peoples Communication, Inc. FROM: Peoples Communication, Inc. TO: Peoples Communications, LLC Notification filed October 31, 2017 of the pro forma assignment of international section 214 authorization, ITC-214-19940201-00028, from Peoples Communications, Inc. to Peoples Communications, LLC, effective October 1, 2017. In a corporate restructuring, Peoples Communications, Inc. was converted to Peoples Communications, LLC, a Texas limited liability company. Page 2 of 6

ITC-ASG-20171109-00205 E Telecom Italia Sparkle S.p.A. Assignment Grant of Authority Date of Action: 11/21/2017 Current Licensee: TI Sparkle Ireland Telecommunications Limited FROM: TI Sparkle Ireland Telecommunications Limited TO: Telecom Italia Sparkle S.p.A. Notification filed November 9, 2017 of the pro forma assignment of international section 214 authorization, ITC-214-20020412-00178, from TI Sparkle Ireland Telecommunications Limited (TIS Ireland) to Telecom Italia Sparkle S.p.a. (TIS), effective July 27, 2017. In a corporate reorganization, TIS Ireland was merged into its sole stockholder, TIS, an Italian company. TIS Ireland no longer exists as a separate legal entity. ITC-T/C-20171011-00170 E Telefonica Digital Inc. Transfer of Control Grant of Authority Date of Action: 11/21/2017 Current Licensee: Telefonica Digital Inc. FROM: Telefonica Digital Holdings, S.L. TO: Telefonica Digital Espana SLU Notification filed October 11, 2017, of the pro forma transfer of control of Telefonica Digital, Inc. (TDI), which holds international section 214 authorization ITC-214-20121106-00284, from its 100% direct parent, Telefonica Digital Holdings, S.L. (TD Holdings), to Telefonica Digital Espana SLU (TD Espana), effective September 14, 2017. TD Holdings and TD Espana were wholly-owned subsidiaries of Telefonica S.A. In a corporate reorganization, TD Holdings was merged with and into TD Espana with TD Espana being the surviving entity. Consequently, TDI became a wholly-owned subsidiary of TD Espana. Telefonica S.A. remains the ultimate parent of TD Espana and TDI. ITC-T/C-20171011-00171 E Falcon Broadband, Inc. Transfer of Control Grant of Authority Date of Action: 11/17/2017 Current Licensee: Falcon Broadband, Inc. FROM: Falcon Broadband, Inc. TO: FBB Holdings, LLC Application filed for consent to the transfer of control of Falcon Broadband, Inc. (Falcon Broadband), which holds international section 214 authorization ITC-214-20161107-00293, to FBB Holdings, LLC (FBB). Randy De Young and Cindy De Young each hold a 50% interest in Falcon Broadband. Pursuant to a Stock Purchase agreement, FBB will purchase the majority of the outstanding stock of Falcon Broadband. After the transaction, FBB will own an 80% interest in Falcon Broadband and Randy De Young, a U.S. citizen, will own 20% of Falcon Broadband. FBB is a Colorado limited liability company owned by Devoy Investments, LLC, a Missouri limited liability company (33.33%), Ingram Capital Ventures, LLC, a Kansas limited liability company (33.33%), and Ronald Reckrodt (33.34%), a U.S. citizen. The Devoy Family Trusts (consisting of the Dennis R. Devoy Irrevocable Trust and the Laura Gardner Devoy Irrevocable Trust) each hold a 50% interest in Devoy Investments, LLC. William Devoy and Laura Gardner Devoy are the trustees of the Dennis R. Devoy Irrevocable Trust, and Laura Gardner Devoy, Jason Russo, Shane Russo, Shallan Thudium, Krista Hundley and their descendants are the beneficiaries of the trust. Dennis R. Devoy is the trustee and beneficiary of the Laura Gardner Devoy Irrevocable Trust. All of these individuals are U.S. citizens. Jeffrey S. Ingram, a U.S. citizen, owns 100% of Ingram Capital Ventures, LLC. Dennis Devoy, Jeffrey Ingram, and Ronald Reckrodt are the managers of FBB. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20171012-00168 E Google North America Inc. Transfer of Control Grant of Authority Date of Action: 11/22/2017 Current Licensee: Google North America Inc. FROM: Alphabet Inc. TO: XXVI Holdings Inc. Notification filed October 12, 2017, of the pro forma transfer of control of Google North America Inc. (Google North America), which holds international section 214 authorization ITC-214-20150312-00069, from Alphabet Inc. (Alphabet) to XXVI Holdings, Inc. (XXVI Holdings), effective September 30, 2017. Google North America was a direct wholly-owned subsidiary of Google Inc., which in turn was a wholly-owned subsidiary of Alphabet. In a corporate reorganization, Alphabet inserted XXVI Holdings, a newly created corporation, into the vertical ownership chain between it and Google Inc., and then transferred ownership of Google Inc. to XXVI Holdings. Consequently, Google Inc. became a direct wholly-owned subsidiary of XXVI Holdings. Google Inc. was then converted from a corporation into a limited liability corporation, Google LLC. Alphabet was and remains the ultimate owner of Google North America. Page 3 of 6

ITC-T/C-20171108-00200 E UVNV, Inc. Transfer of Control Grant of Authority Date of Action: 11/21/2017 Current Licensee: UVNV, Inc. FROM: UVNV, Inc. TO: Ka'ena Corporation Notification filed November 8, 2017, of the pro forma transfer of control of UVNV, Inc. dba Ultra Mobile (UVNV), which holds international section 214 authorization ITC-214-20141103-00290, to Ka'ena Corporation (Ka'ena), effective February 5, 2016. In a corporate reorganization, the Common and Preferred shareholders of UVNV formed Ka'ena and Ka'ena became the holder of all of the issued and outstanding shares on UVNV. Thus Ka'ena was inserted as holding company between the shareholders and UVNV. The David & Paige Glickman Family Trust (David and Paige Glickman, Trustees) held a 55.64% controlling interest in UVNV and holds a 55.61% controlling interest in Ka'ena. ITC-T/C-20171108-00203 E BA Telecom, Inc. Transfer of Control Grant of Authority Date of Action: 11/21/2017 Current Licensee: BA Telecom, Inc. FROM: BA Telecom, Inc. TO: Primo Connect, Inc. Notification filed November 8, 2017, of the pro forma transfer of control of BA Telecom, Inc. (BA Telecom), which holds international section 214 authorization ITC-214-20141103-00292, to Primo Connect Inc. (Primo), effective November 1, 2017. In a corporate reorganization, BA Telecom became a direct wholly-owned subsidiary of Primo, which in turn is a wholly-owned subsidiary of Ka'ena Corporation (Ka'ena). The David & Paige Glickman Family Trust (David and Paige Glickman, Trustees) held a 61.1% controlling interest in BA Telecom and holds a 55.61% controlling interest in Ka'ena. ITC-T/C-20171108-00207 E Primo Connect, Inc. Transfer of Control Grant of Authority Date of Action: 11/21/2017 Current Licensee: Primo Connect, Inc. FROM: UVNV, Inc. TO: Ka'ena Corporation Notification filed November 8, 2017, of the pro forma transfer of control of Primo Connect, Inc. (Primo), which holds international section 214 authorization ITC-214-20160504-00148, from its 100% direct parent, UVNV, Inc. dba Ultra Mobile (UVNV), to Ka'ena Corporation (Ka'ena), effective February 5, 2016. In a corporate reorganization, the Common and Preferred shareholders of UVNV formed Ka'ena and Ka'ena became the holder of all of the issued and outstanding shares on UVNV and UVNV contributed all of its equity interest in Primo to Ka'ena, so that Primo became a direct wholly-owned subsidiary of Ka'ena. The David & Paige Glickman Family Trust (David and Paige Glickman, Trustees) held a 55.64% controlling interest in UVNV and holds a 55.61% controlling interest in Ka'ena. SURRENDER ITC-214-19840613-00002 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 30, 2017. ITC-214-19871106-00011 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 30, 2017. ITC-214-19871106-00012 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 30, 2017. ITC-214-19871106-00013 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 30, 2017. ITC-214-19890127-00013 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 30, 2017. ITC-214-19950308-00068 AT&T Corp. Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 30, 2017. ITC-214-19950913-00067 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 30, 2017. ITC-214-20131106-00302 Altex Group Corp. Applicant notified the Commission of the Surrender of its international section 214 authorization effective October 31, 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 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


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Document Modified: 2017-11-22 16:45:12
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