Public Notice TEL01906

International Telecommunications

Action Taken Public Notice

2018-05-10

FCC.report > IB > Public Notices > TEL01906

10 Filings Included [expand]

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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. 18-478 Report No. TEL-01906 Thursday May 10, 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-214-20180405-00073 E Voice Tele Services Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/04/2018 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-214-20180412-00072 E sipIQ LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/04/2018 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). Page 1 of 7

ITC-ASG-20180226-00040 E Nicholville Telco LLC Assignment Grant of Authority Date of Action: 05/04/2018 Current Licensee: Nicholville Telephone Co., Inc. FROM: Nicholville Telephone Co., Inc. TO: Nicholville Telco LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20171229-00234, held by Nicholville Telephone Company, Inc. (Nicholville) to Nicholville Telco LLC (Nicholville Telco). Existing stockholders of Nicholville will contribute all of their ownership in Nichoville to Altas Connectivity LLC (Atlas) in exchange for shares of Atlas. Nicholville will then transfer all of its regulated assets, including all of its certificates, base of subscribers, liabilities, and contracts, to Nicholville Telco LLC (Nicholville Telco), a wholly-owned subsidiary of Atlas. Thereafter, Nicholville will be merged with and into Slic Network Solutions Inc. (Slic), with Slic being the surviving entity. Upon closing, Nicholville Telco will hold ITC-214-20171229-00234. Atlas is a Delaware limited liability company. 5LOOP, LLC (5LOOP), a Delaware limited liability company, will hold a 57.6% interest in Atlas. Management, employees, and existing Nicholville shareholders will hold a combined 34.5% interest in Atlas, but no individual will hold a ten percent or greater interest. Rock Island Capital Fund II, L.P. (RICF II), a Delaware partnership and a private equity fund manager, will hold a 76% interest in 5LOOP. Bradley Patteli and his family, all U.S. citizens, will hold the remaining 24% interest in 5LOOP. All voting interests in RICF II are controlled by RIC GP II, LLC (RIC GP II), the general partner of RICF II, a Delaware limited liability company. The managing members of RIC GP II are Patrick Hartman, Alfred Mattaliano and Michael Nugent, all U.S. citizens. M2 NY Pioneer Fund I, L.P. (M2 NY Pioneer), a Delaware limited partnership, holds 21.9% direct equity interest in RICF II. The New York State Common Retirement Fund (NYSCRF), a public pension plan, holds 100% equity interest in M2NY. Pioneer.Silver Star G.P., LLC (Silver Star), a Delaware limited liability company, is the general partner of M2 NY Pioneer, and holds all voting interests. Muller & Monroe Asset Management, LLC (Muller & Monroe), a Delaware limited liability company, is the managing partner of Silver Star. Andre Rice, a U.S. citizen, is the President of Muller & Monroe. Irwin C. Loud, III, Alfred D. Sharp, Shannon L. Warland and Marcia Markowitz are all managing directors of Muller & Monroe, and are U.S. citizens. No other individual or entity will hold a ten percent or greater direct or indirect equity or voting interest in Atlas or Slic. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20180226-00046 E Allstream Business US, LLC Assignment Grant of Authority Date of Action: 05/09/2018 Current Licensee: Allstream Business US, Inc. FROM: Allstream Business US, Inc. TO: Allstream Business US, LLC Notification filed February 26, 2018, of the pro forma assignment of international section 214 authorization, ITC-214-19970820-00500, held by Allstream Business US, Inc. to Allstream Business US, LLC, effective February 2, 2018. Allstream Business US converted from a Washington corporation to a Washington limited liability company. Page 2 of 7

ITC-ASG-20180413-00075 E Alteva of Warwick LLC Assignment Grant of Authority Date of Action: 05/04/2018 Current Licensee: Alteva Long Distance, Inc. FROM: Alteva Long Distance, Inc. TO: Alteva of Warwick LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-19931022-00192, held by Alteva LD Inc. (Alteva LD) to Alteva of Warwick (Alteva Warwick). Alteva LD and Alteva Warwick are both direct wholly-owned subsidiaries of Alteva, Inc. (Alteva), which is an indirect wholly-owned subsidiary of MBS Holdings, Inc. (MBS). The assignment will occur as part of a larger transaction in which Castle Intermediate Holdings, Inc. (Castle Intermediate Holdings) will acquire control of MBS and its affiliates, including Alteva. Pursuant to a March 1, 2018 Agreement and Plan of Merger, Castle Merger Sub, Inc. (Merger Sub), a direct subsidiary of Castle Intermediate Holdings formed to effectuate the transaction, will merge with MBS with MBS emerging as the surviving entity. As part of the transaction Alteva LD will be dissolved and its international 214 authorization will be assigned to Alteva Warwick. Upon closing, MBS will become a wholly-owned direct subsidiary of Castle Intermediate Holdings, and Alteva and Alteva Warwick will become indirect wholly-owned subsidiaries of Castle Intermediate Holdings. Castle Intermediate Holdings is a Delaware corporation. Castle Holdings Company, LLC (Castle Parent), a Delaware limited liability company, was formed to hold the investment of Court Square Capital Partners (Court Square), a New York equity firm, and members of MBS management in Castle Intermediate Holdings. Castle Parent will have 91-98% equity and 100% voting interests in Castle Intermediate Holdings. Members of MBS management will hold the remaining equity interest in Castle Intermediate Holdings. CSC Castle Holdings, L.P. (Castle Aggregator), will hold 91-98% equity interest in Castle Parent. Members of MBS management will hold the remaining equity interest in Castle Parent. Court Square Capital Partners III, L.P. (Partners III), a Delaware limited partnership, will hold a 96.82% equity interest in Castle Aggregator and Court Square Capital Partners (Executive) III, L.P. (Partners (Executive) III), a Delaware limited partnership, will hold a 3.18% equity interest in Castle Aggregator. Court Square Capital GP III, LLC (GP), is the sole general partner of Partners III, Partners (Executive) III and Castle Aggregator. The GP is owned by the investment professionals at Court Square and is managed and controlled by a Board of Managers (Board) composed of the following individuals: William Comfort, David Thomas, Michael Delaney, Joseph Silvestri, Ian Highet, John Weber, Christopher Bloise, Thomas McWilliams and John Civantos, each of whom was appointed in the limited liability company agreement of the GP and will continue to serve on the Board as long as they remain investment professionals at Court Square. Decisions of the Board, including designation of replacement members, are made by the approval of a majority of the board members. No other individual or entity will have a ten percent or greater direct or indirect ownership interest in Castle Intermediate Holdings or Alteva Warwick. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20180226-00039 E Slic Network Solutions, Inc. Transfer of Control Grant of Authority Date of Action: 05/04/2018 Current Licensee: Slic Network Solutions, Inc. FROM: Nicholville Telephone Co., Inc. TO: Atlas Connectivity LLC Application filed for consent to the transfer of control of Slic Network Solutions Inc. (Slic), which holds international section 214 authorization ITC-21420171229-00233, from its 100% parent, Nicholville Telephone Company, Inc. (Nicholville), to Altas Connectivity LLC (Atlas). Existing stockholders of Nicholville will contribute all of their ownership in Nichoville to Atlas in exchange for shares of Atlas. Nicholville will transfer all of its regulated assets, including all of its certificates, base of subscribers, liabilities, and contracts, to Nicholville Telco LLC (Nicholville Telco), a wholly-owned subsidiary of Atlas. Thereafter, Nicholville will be merged with and into Slic, with Slic being the surviving entity. Upon closing, Slic will become a direct wholly-owned subsidiary of Atlas. Atlas is a Delaware limited liability company. 5LOOP, LLC (5LOOP), a Delaware limited liability company, will hold a 57.6% interest in Atlas. Management, employees, and existing Nicholville shareholders will hold a combined 34.5% interest in Atlas, but no individual will hold a ten percent or greater interest. Rock Island Capital Fund II, L.P. (RICF II), a Delaware partnership and a private equity fund manager, will hold a 76% interest in 5LOOP. Bradley Patteli and his family, all U.S. citizens, will hold the remaining 24% interest in 5LOOP. All voting interests in RICF II are controlled by RIC GP II, LLC (RIC GP II), the general partner of RICF II, a Delaware limited liability company. The managing members of RIC GP II are Patrick Hartman, Alfred Mattaliano and Michael Nugent, all U.S. citizens. M2 NY Pioneer Fund I, L.P. (M2 NY Pioneer), a Delaware limited partnership, holds 21.9% direct equity interest in RICF II. The New York State Common Retirement Fund (NYSCRF), a public pension plan, holds 100% equity interest in M2NY. Pioneer.Silver Star G.P., LLC (Silver Star), a Delaware limited liability company, is the general partner of M2 NY Pioneer, and holds all voting interests. Muller & Monroe Asset Management, LLC (Muller & Monroe), a Delaware limited liability company, is the managing partner of Silver Star. Andre Rice, a U.S. citizen, is the President of Muller & Monroe. Irwin C. Loud, III, Alfred D. Sharp, Shannon L. Warland and Marcia Markowitz are all managing directors of Muller & Monroe, and are U.S. citizens. No other individual or entity will hold a ten percent or greater direct or indirect equity or voting interest in Atlas or Slic. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20180309-00051 E ConvergeOne Technology Utilities, Inc. Transfer of Control Grant of Authority Date of Action: 05/09/2018 Current Licensee: ConvergeOne Technology Utilities, Inc. FROM: ConvergeOne Corp. TO: ConvergeOne Corp. Notification filed March 9, 2018, and supplemented on April 27, 2018, of the pro forma transfer of control of ConvergeOne Technology Utilities, Inc., fka RGT Utilities, Inc. (COTU), which holds international section 214 authorizations ITC-214-19920105-00138, ITC-214-20020829-00434, ITC-214-20030214-00100, and ITC-214-20090901-00405, effective February 22, 2018. Prior to the transaction COTU was an indirect wholly-owned subsidiary of ConvergeOne Inc., which in turn was an indirect wholly-owned subsidiary of C1 Investment Corp. (C1). Clearlake Capital Partners III (Master), L.P. (Clearlake), held an 82% controlling interest in C1. In a two-step transaction, first C1 was merged with and into FMC Merger Subsidiary Corp., a wholly subsidiary of Forum Merger Corporation (FMC), with C1 being the surviving entity and thus becoming a direct wholly-owned subsidiary of FMC. Second, C1 was then merged with and into FMC Merger Subsidiary LLC (FMC Merger Sub), also a wholly subsidiary of FMC, with FMC Merger Sub being the surviving entity. FMC then changed its names to ConvergeOne Holdings Inc. and ConvergeOne, Inc. changed its name to ConvergeOne, Corp. Clearlake holds a 54.7% interest in ConvergeOne Holdings Inc. and has the power to appoint all of the members of the board of ConvergeOne Holdings Inc. Thus Clearlake had indirect control of COTU prior to the transaction and maintains indirect control of COTU. ITC-T/C-20180313-00052 E NTC International, Inc. Transfer of Control Grant of Authority Date of Action: 05/04/2018 Current Licensee: NTC International, Inc. FROM: NTC Holding, Inc. TO: NTC Holding, Inc. Application filed for consent to the transfer of control of NTC International, Inc. (NTC), which holds international section 214 authorization ITC-214-20170309-00033, from Richard L. Mahfouz to Giuseppe Giurfa. NTC is a direct wholly-owned subsidiary of NTC Holding, Inc. (NTC Holding). Mr. Mahfouz is the sole owner of NTC Holding. Pursuant to a February 23, 2018 stock purchase agreement, Mr. Giurfa will acquire all of the stock interests in NTC Holding from Mr. Mahfouz. Upon closing NTC Holding will be directly held and controlled by Mr. Giurfa, and NTC will be indirectly held and controlled by Mr. Giurfa through his interest in NTC Holding. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20180316-00057 E Momentum Telecom, Inc Transfer of Control Grant of Authority Date of Action: 05/04/2018 Current Licensee: Momentum Telecom, Inc FROM: MBS Holdings, Inc. TO: Castle Intermediate Holdings, Inc. Application filed for consent to the transfer of control of Momentum Telecom, Inc. (Momentum), which holds international section 214 authorization ITC-214-20000814-00480, from its 100% indirect parent, MBS Holdings, Inc. (MBS), to Castle Intermediate Holdings, Inc. (Castle Intermediate Holdings). Pursuant to a March 1, 2018 Agreement and Plan of Merger, Castle Merger Sub, Inc. (Merger Sub), a direct subsidiary of Castle Intermediate Holdings formed to effectuate the transaction, will merge with MBS with MBS emerging as the surviving entity. Upon closing, MBS and Momentum will become, respectively, direct and indirect wholly-owned subsidiaries of Castle Intermediate Holdings. Castle Intermediate Holdings is a Delaware corporation. Castle Holdings Company, LLC (Castle Parent), a Delaware limited liability company, was formed to hold the investment of Court Square Capital Partners (Court Square), a New York equity firm, and members of MBS management in Castle Intermediate Holdings. Castle Parent will have 91-98% equity and 100% voting interests in Castle Intermediate Holdings. Members of MBS management will hold the remaining equity interest in Castle Intermediate Holdings. CSC Castle Holdings, L.P. (Castle Aggregator), will hold 91-98% equity interest in Castle Parent. Members of MBS management will hold the remaining equity interest in Castle Parent. Court Square Capital Partners III, L.P. (Partners III), a Delaware limited partnership, will hold a 96.82% equity interest in Castle Aggregator and Court Square Capital Partners (Executive) III, L.P. (Partners (Executive) III), a Delaware limited partnership, will hold a 3.18% equity interest in Castle Aggregator. Court Square Capital GP III, LLC (GP), is the sole general partner of Partners III, Partners (Executive) III and Castle Aggregator. The GP is owned by the investment professionals at Court Square and is managed and controlled by a Board of Managers (Board) composed of the following individuals: William Comfort, David Thomas, Michael Delaney, Joseph Silvestri, Ian Highet, John Weber, Christopher Bloise, Thomas McWilliams and John Civantos, each of whom was appointed in the limited liability company agreement of the GP and will continue to serve on the Board as long as they remain investment professionals at Court Square. Decisions of the Board, including designation of replacement members, are made by the approval of a majority of the board members. No other individual or entity will have a ten percent or greater direct or indirect ownership interest in Castle Intermediate Holdings or Momentum. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 4 of 7

ITC-T/C-20180326-00066 E ETCOM, LLC Transfer of Control Grant of Authority Date of Action: 05/04/2018 Current Licensee: ETCOM, LLC FROM: Daniel M Bennett TO: RiverStreet Management Services, LLC Application filed for consent to the transfer of control of ETCOM, LLC (ETCOM), which holds international section 214 authorization ITC-214-19980226-00153, from Daniel M. Bennett to RiverStreet Management Services, LLC (RiverStreet). ETCOM is a wholly-owned subsidiary of Ellerbe Telephone Company (Ellerbe). Mr. Bennett is the sole owner of Ellerbe. RiverStreet will purchase 100% of the shares of Ellerbe from Mr. Bennett, thereby acquiring control of Ellerbe and ETCOM. RiverStreet, a North Carolina limited liability company, is a wholly-owned subsidiary of Wilkes Telephone Membership Corporation (WTMC), a North Carolina cooperative association. WTMC is owned by its member/subscribers and no single member/subscriber holds or controls more than 5% of WTMC's ownership interests. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 5 of 7

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 43.82. 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 6 of 7of 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 7 of 7


Document Created: 2018-05-09 15:34:03
Document Modified: 2018-05-09 15:34:03
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