Public Notice TEL01881

International Telecommunications

Action Taken Public Notice

2017-12-21

FCC.report > IB > Public Notices > TEL01881

9 Filings Included [expand]

IBFS_PN_1317113

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. 17-1233 Report No. TEL-01881 Thursday December 21, 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-214-20161109-00292 E Lexitel Worldwide Telesync Solutions Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service, Global or Limited Global Facilities-Based Service Grant of Authority Date of Action: 12/08/2017 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 December 8, 2017, by the U.S. Department of Justice (DOJ). Accordingly, we condition grant of this application for international section 214 authority on compliance by Lexitel Worldwide Telesync Solutions Corporation (Lexitel) with the commitments and undertakings set forth in the Letter of Agreement from Nick Ramon, Vice President, Lexitel, 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-214-20161109-00292 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 5

ITC-214-20170207-00017 E Wing Tel Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/13/2017 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). ITC-214-20171116-00208 E PayG, LLC dba Skyswitch International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/15/2017 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). ITC-214-20171121-00209 E City of Burlington d/b/a Burlington Telecom International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/15/2017 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). ITC-214-20171128-00213 E BryteCall 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: 12/15/2017 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). ITC-AMD-20170111-00003 E Lexitel Worldwide Telesync Solutions Corporation Amendment Service(s): Global or Limited Global Facilities-Based Service Grant of Authority Date of Action: 12/08/2017 Application for amendment of file no. ITC-214-20161109-00292 to include 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-ASG-20171129-00211 E Limitless Mobile, LLC Assignment Consummated Date of Action: 11/30/2017 Current Licensee: Limitless Mobile, LLC, Debtor-In-Possession FROM: Limitless Mobile, LLC, Debtor-In-Possession TO: Limitless Mobile, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20100525-00214, held by Limitless Mobile, LLC. Debtor-In-Possession (Limitless DIP) to Limitless Mobile, LLC. On December 2, 2016, Limitless Mobile, LLC filed for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code with the United States Bankruptcy Court for the District of Delaware (Case No. 16-12685). On November 17, 2017, Limitless DIP filed the Third Amended Plan of Reorganization (Plan) with the Bankruptcy Court. The Plan provides that, upon emergence from bankruptcy, all of the currently outstanding equity interest of Limitless DIP will be cancelled and extinguished, and Limitless Mobile LLC will authorize and issue new common stock to Tower Bridge Mobile Holdings, LLC (Tower Bridge). Tower Bridge, a newly formed Delaware limited liability company owned by former owners of Limitless DIP, will be the sole shareholder of the outstanding stock of Limitless Mobile, LLC. The Bankruptcy Court confirmed the Plan on November 28, 2017. Three U.S. citizens hold a ten percent or greater interest in Tower Bridge: Richard B. Worley (approximately 29.7%, 25.3% direct ownership and 4.4% as the trustee for the Irrevocable Deed of Trust of Richard B. Worley for Richard B. Worley and the trustee for the Irrevocable Deed of Trust of Richard B. Worley for Elizabeth Mai Worley); Sara Miller Coulson (29.3%); and, Roberto Sella (29.7%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5

ITC-T/C-20170612-00113 E Alpheus Communications, LLC Transfer of Control Grant of Authority Date of Action: 12/20/2017 Current Licensee: Alpheus Communications, LLC FROM: Gores AC Holdings, LLC TO: Logix Acquisition Company, LLC Application filed for consent to the transfer of control of Alpheus Communications, LLC (Alpheus Communications), which holds international section 214 authorization ITC-214-20070420-00148, from Gores AC Holdings, LLC (Gores AC) to Logix Acquisition Company, LLC (LAC). Alpheus Communications is a wholly-owned subsidiary of Alpheus Holding, LLC (Alpheus Parent). Pursuant to a May 26, 2017 Membership Interest Purchase Agreement, Logix Holding Company (HoldCo), a wholly-owned subsidiary of LAC, will acquire control all of the interest in Alpheus Parent, from Gores AC. Alpheus Communications will become indirect wholly-owned subsidiaries of LAC. Alpheus Data Services, L.L.C., a wholly-owned subsidiary of Alpheus Communications, provides international services under authority of ITC-214-20070420-00148, pursuant to section 63.21(h) of the Commission's rules, 47 CFR § 63.21(h). LAC, a Delaware limited liability company, is an indirect wholly-owned subsidiary of Logix Parent Corporation (Logix Parent). The following entities or individuals will hold 10 percent or greater, direct or indirect, equity and voting interests in LAC and Logix Parent, after closing: LAC - Astra Capital Management, LLC (ACM), a Delaware limited liability company, exercises day-to-day operational control of LAC. Mark J. Johnson, a U.S. citizen, holds more than 50 percent of the equity of ACM and exercises control over ACM. Logix Parent - Astra-Logix Co-Invest I, LLC (Co-Invest), a Delaware limited liability company (33%), and WRA-Astra Logix Investors LLC (54%). Co-Invest is wholly owned by Secondary Opportunities Fund III LP (SOF III), a United Kingdom entity based in the Cayman Islands. SOF III will be the sole member of Co-Invest, and Astra-Logix Manager, LLC (Astra Manager) will be the manager of Co-Invest. ACM is the manager of ACM. Leonardo Secondary Opportunities Fund III (GP) Limited (Leonardo SOF III), a Cayman Islands entity, is the general partner of SOF III. Leonardo Secondary Opportunities Fund III (Alternate GP), LP (Leonardo SOF III-Alt-GP), a Delaware limited partnership, is the second general partner of SOF III, and is wholly owned by Leonardo SOF III. Intertrust Fund Services Limited (IFSL), a Cayman Islands entity, wholly owns Leonardo SOF III. The direct parent of IFSL is Intertrust NV, a publicly traded Netherlands investment group. Applicants state that no other individual or entity directly or indirectly holds a cognizable interest in LAC or Logix Parent. WRA-Astra Logix Investors LLC, a U.S. entity, is wholly owned by sole member WRA-Logix Investors LLC, a Delaware limited liability company, which in turn is wholly owned by sole member WRA-Logix Holdings Ltd., a Bermuda investment holding company. Wafra Real Assets & Infrastructure Fund I L.P. (WAFS RAIF I), a Cayman Islands entity, is the sole shareholder of WRA-Logix Holdings Ltd. WRAIF I GP L.P. is the general partner of WAFS RAIF I. WRAIF I GP Ltd., a Cayman Island entity, is the ultimate general partner of WRAIF I GP L.P., a Cayman Islands entity that is ultimately and equally owned by three U.S. citizens who are employees of Wafra Investment Advisory Group, Inc. - Mohamad W. Khouja, Fawaz Al- Mubaraki, and Anthony G. Barbuto, each of whom holds a 33.3 percent interest. The Public Institution for Social Security, an autonomous agency of the Government of Kuwait, holds 95.24 percent limited partnership interest in Wafra Real Assets & Infrastructure Fund I L.P. Applicants state that there will be no other direct or indirect, ownership interests in Alpheus Parent upon consummation. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-20060315-00155 ABA NET, LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective November 3, 2017. 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 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. (13) Every carrier must designate an agent for service in the District Page 4 of 5of Columbia. See 47 U.S.C. § 413, 47 C.F.R. §§

(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 5 of 5


Document Created: 2017-12-20 16:40:39
Document Modified: 2017-12-20 16:40:39
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