Public Notice TEL01889

International Telecommunications

Action Taken Public Notice

2018-02-01

FCC.report > IB > Public Notices > TEL01889

15 Filings Included [expand]

IBFS_PN_1332096

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. 18-94 Report No. TEL-01889 Thursday February 1, 2018 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-214-20170413-00069 E NYXCOMM CORP International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 01/31/2018 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 January 30, 2018, by the U.S. Department of Justice (DOJ). Accordingly, we condition grant of this application for international section 214 authority on compliance by NYXCOMM CORP (Nyxcomm) with the commitments and undertakings set forth in the Letter of Agreement from Nyxcomm, to the Assistant Attorney General for National Security, DOJ, dated October 30, 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-214-20170413-00069 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 5

ITC-214-20180104-00004 E Hablax, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 01/26/2018 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-214-20180110-00003 E The Chillicothe Telephone Company International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 01/26/2018 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-T/C-20171220-00224 E Hiawatha Broadband Communications Inc. Transfer of Control Grant of Authority Date of Action: 01/26/2018 Current Licensee: Hiawatha Broadband Communications Inc. FROM: Hiawatha Broadband Communications Inc. TO: Schurz Communications, Inc. Application filed for consent to the transfer of control of Hiawatha Broadband Communications, Inc. (Hiawatha Broadband), which holds international section 214 authorization ITC-214-20071113-00536, from its largest shareholder Robert A. Kierlin to Schurz Communications, Inc. (Schurz). Pursuant to an Agreement and Plan of Merger, Ten Thousand Lakes Broadband, Inc., a wholly-owned affiliate of Schurz created solely for the purpose of effectuating the merger transaction, will merge with and into Hiawatha, with Hiawatha being the surviving entity. Upon closing, Hiawatha will become a wholly-owned direct subsidiary of Schurz. The Schurz Communications Voting Trust Agreement (Schurz Trust) holds 75.17% interest in Schurz. Franklin D. Schurz, Jr., Todd F. Schurz, and Scott C. Schurz are the trustees of the Schurz Trust, each of whom are U.S. citizens and individually hold a 33.3% voting interest in Schurz. Franklin D. Schurz and Scott C. Schurz are beneficiaries and each hold a 28% equity interest along with Mary Ann Schurz, also a U.S. citizen and beneficiary, who holds a 19% equity interest in Schurz. Prior disclosable interest holder David C. Ray passed away on August 10, 2017, and his interests passed to his wife Laura E. Ray and their four children. Ms. Ray holds a 12% indirect voting interest in Schurz. Harvey B. Wallace, the family's attorney, is an independent trustee of five trusts established for the benefit of Ms. Ray and her four children, and the David C. Ray Trust, an irrevocable trust formed under the laws of Indiana. As independent trustee, Mr. Wallace holds an indirect 15% voting interest in Schurz. Applicants state that, post-consummation, no other entity or individual will hold a direct or indirect 10 percent or greater equity or voting interest in Schurz. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20171226-00226 E MassComm, Inc. d/b/a MASS Communications Transfer of Control Grant of Authority Date of Action: 01/26/2018 Current Licensee: MassComm, Inc. d/b/a MASS Communications FROM: MassComm, Inc. d/b/a MASS Communications TO: Windstream Services, LLC Application filed for consent to the transfer of control of MassCom, Inc., d/b/a MASS Communications (MassCom), which holds international section 214 authorization ITC-214-20080220-00084, to Windstream Services, LLC (Windstream). Pursuant to a December 22, 2017, stock purchase agreement, Windstream will purchase all of the issued and outstanding capital stock of MassCom. Upon closing MassCom will become a wholly owned subsidiary of Windstream. Windstream, a Delaware limited liability company, is wholly owned by Windstream Holdings, Inc. (Windstream Holdings), a publicly traded Delaware corporation. Applicants state that Windstream Holdings has a single 10 percent or greater ownership interest holder, The Vanguard Group, Inc. (Vanguard), a U.S. based investment management company that holds 13.4% of Windstream Holdings' common stock. The board members are: F. William McNabb III, Chairman; Mortimer J. (Tim) Buckley, President, CEO and Director; and the remaining board members are - Emerson U. Fullwood, Rajiv L. Gupta, Amy Gutmann, JoAnn Heffernan Heisen, F. Joseph Loughrey, Mark Loughridge, Scott C. Malpass, Deanna Mulligan, Andre F. Perold, Sarah Bloom Raskin, and Peter F. Volanakis. Applicants stae that all board members are U.S. citizens, except Andre F. Perold, who was born in South Africa. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5

ITC-T/C-20171229-00231 E Central Louisiana License Co., LLC Transfer of Control Grant of Authority Date of Action: 01/26/2018 Current Licensee: Central Louisiana License Co., LLC FROM: Alta Communications IX, L.P. TO: Jonathan D. Foxman and Daniel E. Hopkins Application filed for consent to the transfer of control of Central Louisiana License Co., LLC (CLLC), which holds international section 214 authorization ITC-214-20101103-00432, from its indirect controlling parent, Alta Communications IX, L.P. (Alta), to Jonathan D. Foxman and Daniel E. Hopkins (Messrs. Foxman and Hopkins). CLLC is an indirect wholly-owned subsidiary of Central Louisiana Holdco, LLC (CLH). Alta holds a 58.7% controlling interest and Mr. Hopkins holds a 21.68% interest in CLH. Alta's interest in CLH, including interests held by Alta IX-B, L.P. and Alta IX Associates (combined 5.8%) will be distributed to Messrs. Foxman and Hopkins. Upon consummation, Messrs. Foxman and Hopkins interest will be held by Anacoco Capital Partners, LLC (Anacoco), which will hold a 84% interest in CLH. Messrs. Foxman and Hopkins, both U.S. citizens each hold a 50% interest in Anacoco, resulting in each holding a 42% indirect interest in CLH and CLLC. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in CLH or CLLC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20171229-00232 E Texas 10, LLC Transfer of Control Grant of Authority Date of Action: 01/26/2018 Current Licensee: Texas 10, LLC FROM: Alta Communications IX, L.P. TO: Jonathan D. Foxman and Daniel E. Hopkins Application filed for consent to the transfer of control of Texas10, LLC (Texas 10), which holds international section 214 authorization ITC-214-20071219-00538, from its indirect controlling parent, Alta Communications IX, L.P. (Alta), to Jonathan D. Foxman and Daniel E. Hopkins (Messrs. Foxman and Hopkins). Texas 10 is a wholly-owned subsidiary of TX-10 Holdco, LLC (TX-10 Holdco). Alta holds a 56.72% controlling interest, Mr. Foxman holds 13.07% interest and Mr. Hopkins holds a 10.57% interest in TX-10 Holdco. Alta's interest in TX-Holdo, including interests held by Alta IX-B, L.P. and Alta IX Associates (combined 5.8%) will be distributed to Messrs. Foxman and Hopkins. Upon consummation, Messrs. Foxman and Hopkins interest will be held by Anacoco Capital Partners, LLC (Anacoco), which will hold a 83.36% interest in TX-10 Holdco. Messrs. Foxman and Hopkins, both U.S. citizens each hold a 50% interest in Anacoco, resulting in each holding a 41.93% indirect interest in TX Holdco and Texas 10. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Texas Holdco or Texas 10. This authorization is without prejudice to the Commission's action in any other related pending proceedings. INFORMATIVE ITC-214-20010713-00369 Blue Sky Network, LLC On January 25, 2018, the Commission was notified that BSN Buyer, LLC has changed its name to Blue Sky Network, LLC. ITC-214-20140408-00126 Thales USA, Inc. By letter filed January 19, 2018, Applicant notified the Commission that the following wholly-owned subsidiary may provide international telecommunications service under the international section 214 authorization held by the applicant, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): Thales Avionics, Inc. SURRENDER ITC-214-19960308-00105 Sprint Spectrum Holding Company, LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective January 24, 2018. ITC-214-20010117-00023 Dynegy Communications Clearinghouse, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective January 19, 2018. ITC-214-20010501-00277 Nextel Partners, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective January 24, 2018. ITC-214-20020524-00292 Dynegy UK Communications Limited Applicant notified the Commission of the Surrender of its international section 214 authorization effective January 19, 2018. ITC-214-20100730-00330 Origin Networks, LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective January 19, 2018. ITC-MOD-20151207-00293 HELIO LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective January 19, 2018. 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: 2018-01-31 15:30:54
Document Modified: 2018-01-31 15:30:54
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