Public Notice TEL01908

International Telecommunications

Action Taken Public Notice

2018-05-25

FCC.report > IB > Public Notices > TEL01908

Filings Included

File NumberService
ITC-214-20030312-00131International Telecommunications
ITC-ASG-20160901-00256International Telecommunications
ITC-T/C-20180131-00020International Telecommunications
ITC-T/C-20180326-00067International Telecommunications
IBFS_PN_1402458

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. 18-554 Report No. TEL-01908 Friday May 25, 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. Page 1 of 5

ITC-ASG-20160901-00256 E 18C, LLC Assignment Grant of Authority Date of Action: 05/15/2018 Current Licensee: 1 800 Collect, Inc. FROM: 1 800 Collect, Inc. TO: 18C, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20110511-00128, held by 1 800 Collect, Inc. (1 800 Collect), a Florida corporation, to 18C, LLC (18C), a Delaware limited liability company that was created under the direction of its sole member 1 800 Collect to effectuate the underlying contract between 1 800 Collect and WiMacTel, Inc. (WMT), a Delaware corporation. Pursuant to the terms of an agreement between the parties, 18C will acquire the section 214 authorization and certain assets owned by 1 800 Collect in exchange for specified consideration. Upon closing, the membership interests of 18C will be owned by the shareholders of 1 800 Collect, and 18C will be controlled by WMT, which will be appointed to serve as the Manager of 18C. Upon consummation, the following individuals and entities will hold ten percent or greater direct or indirect ownership interests in 1 800 Collect and in WMT: 1 800 Collect will be owned equally by CMG 2011 Irrevocable Trust, established under the Declaration of Trust, dated March 28, 2011 (CMG 2011 Irrevocable Trust) (50%) and RKG 2011 Irrevocable Trust, established under the Declaration of Trust, dated March 28, 2011 (RKG 2011 Irrevocable Trust) (50%), both of which are created under the laws of California. David Abeles, a U.S. citizen, is the trustee of both trusts, and the beneficiaries of the trusts are Rafael Galicot and Gregorio Galicot, both U.S. citizens. WMT is a direct subsidiary of Quortech Equities Ltd. (Quortech Equities) (100%), a Canadian corporation. Quortech Equities is owned by IBT Consulting, Inc. (IBT Consulting) (50%) and iTechnology Concepts, Inc. (iTechnology Concepts) (50%), both Canadian corporations. IBT Consulting is wholly owned by James MacKenzie, a Canadian citizen. iTechnology Concepts is owned by John Wilson (75% equity and voting) and Joanne Wilson (25% equity and non-voting), both Canadian citizens. Applicants state that no other individual or entity will hold ten percent or greater direct or indirect interest in 18C, upon consummation. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on May 14, 2018, by the U.S. Department of Justice (DOJ), to include its components, the National Security Division and the Federal Bureau of Investigation. Accordingly, we condition grant of this application for transfer of control of international section 214 authority on compliance by 1 800 Collect LLC and 18C, LLC with the commitments and undertakings set forth in the Letter of Agreement from James MacKenzie, President & CEO, WiMacTel Inc., to the Assistant Attorney General for National Security, DOJ, dated May 11, 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 underlying international section 214 authorization, ITC-214-20110511-00128, 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-ASG-20160901-00256 and accessing the "Other Filings related to this application" from the Document Viewing Area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5

ITC-T/C-20180131-00020 E The Chillicothe Telephone Company Transfer of Control Grant of Authority Date of Action: 05/23/2018 Current Licensee: The Chillicothe Telephone Company FROM: Horizon Telcom, Inc. TO: Horizon Acquisition Parent, LLC Application filed for consent to the transfer of control of Chillicothe Telephone Company (CTC), which holds international section 214 authorization ITC-214-20180110-00003, from its direct parent Horizon Telecom, Inc. (Horizon) to Horizon Acquisition Parent, LLC (Horizon Acquisition). Pursuant to an Agreement and Plan of Merger dated January 25, 2018, Horizon Acquisition Merger Sub, Inc., a wholly-owned subsidiary of Horizon Acquisition, will merge with and into Horizon, with Horizon being the surviving entity. Upon closing, Horizon and CTC will become, respectively, direct and indirect wholly-owned subsidiaries of Horizon Acquisition. The following entities and individuals hold ten percent or greater direct and indirect ownership interests in Horizon Acquisition: Novacap TMT V, L.P. (Novacap TMT V), a Canadian entity incorporated in Quebec, Canada (Equity and Voting interests 55.49% each); Novacap International TMT V, L.P. (Novacap International TMT V), a Canadian entity incorporated in Quebec, Canada (Equity and Voting interests 40.20% each). Both Novacap TMT V and Novacap International TMT V are owned by Novacap Management Inc., a Canadian entity incorporated in Quebec, Canada (Voting interests 100%, Equity interests 0.001% in each), and by the limited partners of Novacap TMT V and Novacap International TMT V, all of whom are passive investors and citizens of Quebec, Canada and none of which holds an indirect interest in more than 10% of Horizon Acquisition. Novacap Fund Management Inc. (NFMI), is the corporate parent of Novacap Management Inc., and holds 100% voting interest in Novacap Management Inc. Novacap Management Inc. has delegated to the TMT Investment Committee (Committee) all decision-making authority relating to its role as the general partner of Novacap TMT V, in relation to its interest in Horizon Acquisition. The following Committee members are shareholders of Novacap Management Inc. holding 10% or greater shares: Pascal Tremblay, a Canadian citizen (Equity 21.38%), Stephane Tremblay, a Canadian citizen (17.98%), Thadeus Mocarski, a U.S. citizen (14.61%), Francois Laflamme, a Canadian citizen (14.61%), and Etienne Antoine Veilleux, a Canadian citizen (11.72%). The following Committee members are also shareholders of NFMI: Pascal Tremblay (25%), Stephane Tremblay (25%), Thadeus Mocarski (25%), and Francois Laflamme (25%). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on May 18, 2018, by the U.S. Department of Justice (DOJ), to include its components, the National Security Division and the Federal Bureau of Investigation. Accordingly, we condition grant of this application for transfer of control of international section 214 authority on compliance by Horizon Acquisition Parent, LCC, and Horizon Telcom, Inc. with the commitments and undertakings set forth in the Letter of Agreement from William McKell, CEO, HorizonTelcom, Inc. and Thadeus Mocarski, Presidents, Horizon Acquisition Parent, LLC, to the Assistant Attorney General for National Security, DOJ, dated May 17, 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 underlying international section 214 authorization, ITC-214-20180110-00003, 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-T/C-20180131-00020 and accessing the "Other Filings related to this application" from the Document Viewing Area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20180326-00067 E Tri-County Communications, Inc. Transfer of Control Grant of Authority Date of Action: 05/18/2018 Current Licensee: Tri-County Communications, Inc. FROM: Tri-County Telephone Membership Corp. TO: WILKES TELEPHONE MEMBERSHIP CORP Application filed for consent to the transfer of control of Tri-County Communications, Inc. (TCI), which holds international section 214 authorization ITC-214-20000706-00384, from its 100% parent, Tri-County Telephone Membership Corporation (TTMC), to Wilkes Telephone Membership Corp. (WTMC). TTMC will merge with and into WTMC, with WTMC emerging as the surviving entity from the merger. Upon consummation, TTMC will cease to exist and its subsidiary TCI will become a direct wholly-owned subsidiary of WTMC. 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. INFORMATIVE ITC-214-20030312-00131 Claro Enterprise Solutions On April 30, 2018, the Commission was notified that Telmex USA, LLC has changed its name to Claro Enterprise Solutions, LLC, effective April 17, 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 43.82. 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 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: 2018-05-25 07:19:45
Document Modified: 2018-05-25 07:19:45
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