Public Notice TEL01919

International Authorizations GrantedSection 214 Applications (47 C.F.R. §§ 63.18, 63.24); Section 310(b) Petitions (47 C.F.R. § 1.5000)

International Telecommunications

Action Taken Public Notice

2018-08-02

FCC.report > IB > Public Notices > TEL01919

13 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. 18-806 Report No. TEL-01919 Thursday August 2, 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 7

ISP-PDR-20171228-00004 E LB License Co, LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 07/24/2018 LB License Co, LLC (LB License or Petitioner) has filed a petition for declaratory ruling (Petition), pursuant to section 1.5000(a)(1) of the Commission's rules, 47 CFR § 1.5000(a)(1), asking the Commission to permit foreign ownership of LB License's controlling U.S. parent, LB Spectrum Holdings, LLC (LB Spectrum Holdings), to exceed the 25 percent benchmark in section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. § 310(b)(4). LB License filed its petition in connection with an application for consent to the assignment of sixteen 600 MHz Band licenses from AT&T to LB License. See ULS File No. 0008036917. LB License filed an Amended Petition for Declaratory Ruling on April 11, 2018. LB License is wholly owned and controlled by LB Spectrum Holdings, both of which are Delaware limited liability companies. Petitioner states that a Board of Directors is vested with operational control over LB Spectrum Holdings and will consist initially of Monish Kundra and James B. Fleming, Jr., both of whom are U.S. citizens. According to the Petition, three groups of investors hold, directly and/or indirectly, equity and/or voting interests of 10 percent or more in LB Spectrum Holdings: the Columbia Parties (an aggregate 19.52% equity and 100% voting interest); the Future Fund Parties (an aggregate 49.36% equity and 7.78% voting interest); and Greenspring Associates, Inc. Greenspring Associates, Inc. is a Delaware corporation that serves as the general partner of entities that hold directly an aggregate 11.21% of LB Spectrum Holdings' equity interests. The Columbia Parties are organized in Delaware and commonly controlled by Columbia Capital, a U.S. venture capital firm founded in 1989 with headquarters in Alexandria, Virginia. The managing members of Columbia Capital are James B. Fleming, Jr. and John T. Siegel, Jr., both of whom are U.S. citizens. Petitioner states that three of the Columbia Party entities are collectively vested with the power to appoint LB Spectrum Holdings' Board of Directors and hold equity and voting interests directly in LB Spectrum Holdings as follows: Columbia LB VI, LLC (0.19% equity and 33.33% voting interest); Columbia Capital Employee Investors VI, L.P. (0% equity and 33.33% voting interest); and Columbia Capital Equity Partners VI (QP), L.P. (1.11% equity and 33.33% voting interest). Two Columbia Party entities hold direct equity interests but no voting interests in LB Spectrum Holdings as follows: Columbia Spectrum Partners II-A, L.P. (17.67% equity interest) and Columbia LB, LLC (0.55% equity interest). James B. Fleming, Jr. and John T. Siegel, Jr., both U.S. citizens, ultimately control the above-named Columbia Parties jointly through a series of intervening entities organized in Delaware. Messrs. Fleming and Siegel each holds less than 0.02% equity interest in LB Spectrum Holdings. The Petition states that the Future Fund Parties consist of Future Fund Investment Company No.5 Pty Ltd (FFIC5) (an Australian sovereign wealth fund) and its sole beneficial member, Future Fund Board of Guardians (FFBG) (a statutory body corporate established by the Future Fund Act of 2006 (Commonwealth of Australia)). FFIC5 holds directly 48.49% of LB Spectrum Holdings' equity interests and 0.00% of its voting interests. Petitioner states that FFIC5 also holds indirectly a 0.61% equity and 0.00% voting interest in LB Spectrum Holdings for a total equity interest of 49.10% and 0.00% voting interest. FFBG, in turn, indirectly holds FFIC5's 49.10% equity interest in LB Spectrum Holdings, and FFBG holds an additional 0.26% equity interest and 7.78% voting interest through an investment in Columbia Capital Equity Partners VI (QP), L.P. FFBG thus holds, directly and indirectly, an aggregate 49.36% equity interest and 7.78% voting interest in LB Spectrum Holdings. According to the Petition, the direct and indirect interests held by FFIC5 and FFBG in LB Spectrum Holdings are insulated within the meaning of section 1.5003 of the Commission's rules. Because these interests are insulated, for purposes of our foreign ownership calculations we deem FFIC5 and FFBG to hold direct and indirect voting interests in LB Spectrum Holdings that are equal to their respective direct and indirect equity interests. According to the Petition, FFBG, supported by the Future Fund Management Agency, has responsibility for investing and managing Future Fund assets. Petitioner states that, while FFBG holds Future Fund assets for and on behalf of the Commonwealth of Australia, FFBG is responsible for specific investment decisions and any control exercised in respect of those investments within the framework of the Act is exercised independently of the Government of Australia. FFBG holds all of the shares of FFIC5 through its custodian The Northern Trust Company (TNTC, organized in the State of Illinois). Likewise, FFIC5 has appointed TNTC to hold legal title to its interests in LB Spectrum Holdings. Petitioner states that, in relation to the investment in LB Spectrum Holdings, TNTC has no power or authority in respect of the investment except to the extent it is specifically directed to take action by FFIC5. Petitioner states that an additional 8.08% of LB Spectrum Holdings' equity interests is held directly by Railway Pension Investments Ltd (Railpen), a trust organized in the United Kingdom. Railpen also holds a 0.06% indirect equity interest and 1.95% voting interest in LB Spectrum Holdings through Columbia Capital Equity Partners VI (QP), L.P., giving Railpen an aggregate, direct and indirect 8.14% equity interest and 1.95% voting interest in LB Spectrum Holdings. According to the Petition, the direct and indirect interests held by Railpen are insulated within the meaning of section 1.5003 of the Commission's rules. Because these interests are insulated, we deem Railpen to hold direct and indirect voting interests in LB Spectrum Holdings that are equal to its direct and indirect equity interests. Petitioner estimates that other foreign investors hold directly an additional 1.84% equity interest in LB Spectrum Holdings, bringing its total foreign direct equity investment to 58.41%. Aside from the 58.41% direct foreign ownership, Petitioner estimates that there is an additional 10.24% aggregate amount of foreign investment held indirectly in LB Spectrum Holdings, bringing the total foreign equity interests to 68.65%. Pursuant to the rules and policies established by the Commission's Foreign Ownership Second Report and Order in IB Docket No. 11-133, FCC 13-50, 28 FCC Rcd 5741 (2013), as amended in GN Docket No. 15-236, FCC 16-128, 31 FCC Rcd 11272 (2016), we find that the public interest would not be served by prohibiting foreign ownership of LB Spectrum in excess of the 25 percent benchmark in section 310(b)(4) of the Act. This ruling authorizes aggregate foreign ownership of LB License's controlling U.S.-organized parent, LB Spectrum Holdings, to exceed, directly and/or indirectly, 25 percent of its equity and/or voting interests, subject to the terms and conditions set forth in section 1.5004 of the Commission's rules, 47 CFR § 1.5004, including the requirement to obtain Commission approval before foreign ownership of LB Spectrum Holdings exceeds the terms and conditions of this ruling. Specifically, this ruling approves the following direct and indirect foreign equity and voting interests in LB Spectrum Holdings: (1) the 49.10% equity and voting interest held directly and indirectly by FFIC5; (2) the 49.36% equity and voting interest held indirectly by FFBG; and (3) the 8.14% equity and voting interest held directly and indirectly by Railpen. Page 2 of 7

LB License has an affirmative duty to monitor its foreign equity and voting interests, calculate these interests consistent with the principles enunciated by the Commission, including the standards and criteria set forth in sections 1.5002 through 1.5003 of the Commission's rules, 47 CFR §§ 1.5002-1.5003, and otherwise ensure continuing compliance with the provisions of section 310(b) of the Act. See 47 CFR § 1.5004, Note to paragraph (a). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed by the Department of Justice (DOJ) on July 23, 2018 (DOJ Petition), to condition our consent to the Petition on compliance by LB License with the commitments and undertakings set forth in the July 20, 2018, Letter of Agreement (LOA) from Monish Kundra, Member, Board of Directors, LB License to the Assistant Attorney General for National Security, DOJ. 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 this ruling and the underlying licenses and thus grounds for declaring them terminated without further action on the part of the Commission. Failure to meet a condition of this ruling may also result in monetary sanctions or other enforcement action by the Commission. A copy of the DOJ Petition and the LOA, which is attached to the DOJ Petition, are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20171228-00004 and accessing "Other filings related to this application" from the Document Viewing area. Grant of this declaratory ruling is without prejudice to the Commission's action on any other related pending application(s). ITC-214-20161230-00382 E QBR Telecom Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/24/2018 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 July 24, 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 international section 214 authority on compliance by QBR Telecom, Inc. with the commitments and undertakings set forth in the Letter of Agreement from Vasimahmad Solanki, CEO & President, QBR Telecom, Inc. to the Assistant Attorney General for National Security, DOJ, dated July 23, 2018 (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-214-20161230-00382 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20180614-00127 E Q LINK MOBILE 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: 07/27/2018 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-214-20180618-00126 E Kiono Communications LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/27/2018 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-214-20180619-00128 E VividTalk Wireless International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/27/2018 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-214-20180622-00129 E Voipcom, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/27/2018 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 3 of 7

ITC-214-20180709-00130 E AberVoice, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/27/2018 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-ASG-20180727-00152 E Intelsat General Communications LLC Assignment Grant of Authority Date of Action: 08/01/2018 Current Licensee: Intelsat General CORPORATION FROM: Intelsat General CORPORATION TO: Intelsat General Communications LLC Notification filed July 27, 2018, of the pro forma assignment of international section 214 authorization, ITC-MOD-20050329-00170, held by Intelsat General Corporation (IGC) to Intelsat General Communications LLC, effective July 2, 2018. As a part of a corporate restructuring, Intelsat General Corporation converted its format from a corporation to a limited liability company and changed its name to Intelsat General Communications LLC. In addition, several other holding companies were inserted in the ownership chain, including a new limited partnership, and the conversion of certain corporations to limited liability companies. There was no change in the ownership and control by Intelsat S.A., the indirect and ultimate parent company. ITC-T/C-20170927-00159 E Tello, LLC Transfer of Control Grant of Authority Date of Action: 07/24/2018 Current Licensee: Tello, LLC FROM: Tello Communication, LLC TO: Florin Miron Application filed for consent to the transfer of control of Tello, LLC (Tello), which holds international section 214 authorization ITC-214-20170714-00127, from Abdul Tawab Molvi to Florin Miron. Mr. Molvi, a U.S. citizen, is the 100% owner of Tello Communications, Inc. (Tello Communications), the 100% direct parent company of Tello. Mr. Molvi is selling a 92.5% controlling interest in Tello Communications, and indirect control of Tello, to Mr. Miron, a Romanian citizen. Mr. Molvi will retain a 2.5% interest in Tello Communications. In addition, Daniel Faur and Silvana Tatu, both Romanian citizens, will each hold a 2.5% interest in Tello Communications. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20180723-00151 E UTC Long Distance LLC Transfer of Control Grant of Authority Date of Action: 08/01/2018 Current Licensee: UTC Long Distance LLC FROM: Eugene B Johnson TO: William H Bradford Notification filed July 23, 2018, of the pro forma transfer of control of UTC Long Distance LLC (UTC LD), which holds international section 214 authorization ITC-214-19970205-00061, to William H. Bradford, effective July 5, 2018. UTC LD is a wholly-owned subsidiary of United Communications Holdings, LLC (UCH). On July 5, 2018, UCH owners William H. Bradford (President and CEO) and Eugene B. Johnson (Chairman) who held 50-50 ownership interests in UCH, engaged in an exchange of ownership interests whereby Mr. Johnson transferred his Class A voting membership interests in UCH to Mr. Bradford and Mr. Bradford transferred his non-voting Class B membership interests to Mr. Johnson. After closing, Mr. Bradford moved from a position of negative control of UCH (50%) to a position of positive control (82% voting interest) with no substantial change to his overall equity of approximately 54% in the company. Mr. Johnson continues to hold the remaining 18% of the class A voting membership interests in UCH. Additionally, on July 6, 2018, Mr. Johnson donated a portion of his Class B non-voting membership interests to a charitable trust, Community Investments Foundation, a Florida charitable trust (20.74%), which reduced Mr. Johnson's equity in UCH from 42% to approximately 22% upon closing. Dismissal ITC-214-20160719-00191 OKROUTE, INC. Application hereby dismissed by Chief, Telecommunications and Analysis Division, International Bureau on July 30, 2018, pursuant to section 1.748(a) and 63.51(b) of the Commission's rules, 47 CFR 1.748(a), 63.51(b), for failure to respond to the Commission's request for information. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. Page 4 of 7

INFORMATIVE ITC-214-19960116-00009 GCI Communication Corp. By letter dated August 1, 2018, Applicant notified the Commission that Unicom, Inc. will be discontinuing all international services in the state of Alaska by October 1, 2018. SURRENDER ITC-214-20100729-00309 Expereo USA, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective July 30, 2018. 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. Page 6 of 7

(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: 2018-08-01 18:01:15
Document Modified: 2018-08-01 18:01:15
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