Public Notice TEL01902

International Telecommunications

Action Taken Public Notice

2018-04-12

FCC.report > IB > Public Notices > TEL01902

9 Filings Included [expand]

IBFS_PN_1371143

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. 18-360 Report No. TEL-01902 Thursday April 12, 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-214-20180308-00043 E TRIUMPH GLOBAL LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 04/06/2018 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-ASG-20180320-00061 E Everstream Solutions LLC Assignment Grant of Authority Date of Action: 04/11/2018 Current Licensee: Everstream Holding Company LLC FROM: Everstream Holding Company LLC TO: Everstream Solutions LLC Notification filed March 20, 2018, of the pro forma assignment of international section 214 authorization, ITC-214-20160120-00027, held by Everstream Holding Company LLC (Everstream Holding) to its wholly owned subsidiary Everstream Solutions LLC (Everstream Solutions), effective March 16, 2018. Page 1 of 6

ITC-ASG-20180323-00062 E VTX Communications, LLC Assignment Grant of Authority Date of Action: 04/11/2018 Current Licensee: GRANDE RIVER COMMUNICATIONS, L.P. FROM: Grande River Communications, LLC TO: VTX Communications, LLC Notification filed March 23, 2018, of the pro forma assignment of section 214 authorization, ITC-214-19980825-00584, effective December 29, 2008. Grande River Communications, L.P. (GRC) changed its name and business structure format from a limited partnership to a limited liability company. GRC is now known as VTX Communications, LLC (VTX). At all times Valley Telephone Cooperative Inc., has remained the ultimate corporate parent and controlling party of GRC and now VTX. ITC-MOD-20180410-00068 P Office des postes et Telecommunications de Polynesie francaise Modification Grant of Authority Date of Action: 04/11/2018 Request of Office des Postes et Telecommunications de Polynesie Francaise (OPT) to modify the condition placed on its international section 214 authorization, ITC-214-20081008-00453. Grant of the authorization, which is for construction of the Honotua Cable System, SCL-LIC-20081008-00017, was conditioned on OPT abiding by the commitments and undertakings contained in its December 3, 2010 National Security Agreement (NSA) with the Department of Homeland Security and the Department of Justice. See ITC-214-20081008-00453, International Authorizations Granted, Public Notice, Report No. TEL-01470, DA 10-2311, 25 FCC Rcd 17052, 17054 (IB 2010). Effective March 27, 2018, OPT executed Amendment No. 1 to the NSA in order to update certain substantive terms of that agreement. OPT therefore requests that the Commission amend the international 214 authorization to require compliance with the NSA as amended by Amendment No. 1. Accordingly, we hereby modify international section 214 authorization ITC-214-20081008-00453 to condition it on compliance by Office des Postes et Telecommunications de Polynesie Francaise with the commitments and undertakings contained in its December 3, 2010 National Security Agreement as amended by Amendment No. 1. 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. A copy of the NSA and Amendment No. 1 is publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-MOD-20180410-00068 and accessing "Attachment Menu" from the Document Viewing area. Page 2 of 6

ITC-T/C-20170821-00135 E South Carolina Telecommunications Group Holdings, LLC Transfer of Control Grant of Authority Date of Action: 03/20/2018 Current Licensee: South Carolina Telecommunications Group Holdings, LLC FROM: SCTG, LLC TO: Clemson BidCo, LLC Application filed for consent to the transfer of control of South Carolina Telecommunications Group Holdings, LLC (SCTG Holdings), which holds international section 214 authorization ITC-214-19930512-00081, from its 100% direct parent, SCTG, LLC dba Spirit Communications (Spirit Parent), to Clemson BidCo, LLC (Clemson). Pursuant to an August 4, 2017 Membership Unit Purchase agreement, Clemson will acquire all the outstanding membership in Spirit Parent. Upon consummation, Spirit Parent and SCTG Holdings will become direct and indirect wholly-owned subsidiaries of Clemson respectively. Clemson is wholly-owned indirect subsidiary of MTN Infrastructure TopCo, Inc. (MTN Infrastructure). 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 SCTG Holdings 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. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20180207-00029 E San Isabel Telecom, Inc. Transfer of Control Grant of Authority Date of Action: 03/23/2018 Current Licensee: San Isabel Telecom, Inc. FROM: San Isabel Telecom, Inc. TO: Futurum Communications Corp Application filed for consent to the transfer of control of San Isabel Telecom, Inc. (San Isabel), which holds international section 214 authorization ITC-214-20060320-00162, to Futurum Communications Corp. On December 19, 2016, without prior Commission consent, Forethought Acquisition, a wholly-owned subsidiary of Futurum, acquired all of the issued and outstanding stock in San Isabel. Upon closing, San Isabel became direct wholly-owned subsidiary of Forethought Acquisition, and an indirect wholly-owned subsidiary of Futurum. Jawaid Bazyar, a U.S. citizen, is the sole owner of Futurum. Applicants filed a request for Special Temporary Authority (STA) related to this transaction, ITC-STA-20180208-00032, which was granted on February 22, 2018. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

ITC-T/C-20180209-00031 E Jive Communications, INC Transfer of Control Consummated Date of Action: 04/03/2018 Current Licensee: Jive Communications, INC FROM: Jive Communications, INC TO: LogMeIn, Inc. Application filed for consent to the transfer of control of Jive Communications, Inc. (JCI), which holds international section 214 authorization ITC-21420130802-00209, from its current shareholders to LogMeIn, Inc. (LogMeIn). Pursuant to a February 7 2018 agreement, Jazz Merger Sub, Inc., a Delaware corporation and a wholly-owned direct subsidiary of LogMein USA, Inc., (LogMein USA), a Delaware corporation that is, in turn, a wholly owned direct subsidiary of LogMein, will merge with and into Jive, with Jive being the surviving entity. Upon closing, Jive will become a direct subsidiary of LogMeIn USA and an indirect subsidiary of LogMeIn. LogMeIn is a widely held publicly traded Delaware company. FMR LLC (FMR), a Delaware privately held limited liability company, holds a 10.32% interest in LogMeIn. FMR is owned and controlled by Abigail P. Johnson (CEO, Chairman, Director) and the Johnson family. Ms. Johnson is a U.S. citizen. No other person or entity has a ten percent or greater voting or equity interest in LogMeIn. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Dismissal ITC-214-20161129-00336 ClearNuvo Technology Inc. Application hereby dismissed by Chief, Telecommunications and Analysis Division, International Bureau on March 20, 2018, pursuant to section 1.1910(b)(3) of the Commission's rules, 47 C.F.R. § 1.1910(b)(3), for failure to address delinquent debt owed to the Commission. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. SURRENDER ITC-214-20160802-00230 Telispire Ohana LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 15, 2018. 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. (13) Every carrier must designate an agent for service in the District Page 5 of 6of 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 6 of 6


Document Created: 2018-04-11 15:34:09
Document Modified: 2018-04-11 15:34:09
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