Public Notice TEL01925

International Telecommunications

Action Taken Public Notice

2018-09-13

FCC.report > IB > Public Notices > TEL01925

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IBFS_PN_1530299

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. 18-945 Report No. TEL-01925 Thursday September 13, 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-214-20180515-00096 E Operrtel, 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: 09/07/2018 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-214-20180815-00162 E Tekscape, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/07/2018 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 5

ITC-214-20180815-00163 E SIP.US LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/07/2018 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-20180827-00170 E XO Communications Services, LLC Assignment Grant of Authority Date of Action: 09/12/2018 Current Licensee: XO Communications, LLC FROM: XO Communications, LLC TO: XO Communications Services, LLC Notification filed August 27, 2018, of the pro forma assignment of international section 214 authorization, ITC-214-2000117-00674, held by XO Communications, LLC (XOC), to XO Communications Services, LLC, both Delaware limited liability companies and wholly owned indirect subsidiaries of Verizon Communications Inc. (Verizon), through a series of wholly owned holding companies in the Verizon corporate ownership chain. As a result of internal restructuring that occurred on July 31, 2018, international section 214 authorization, ITC-214-20001117-00674, was assigned from XOC to XOCS, and then XOC was merged with and into MCI Communications Services Inc. (MCICS), with MCICS surviving the pro forma merger transaction. As part of the same restructuring, XOCS became a direct subsidiary of MCICS and was re-located in the ownership chain. In addition, the following subsidiaries of XOC who provided services under section 63.21(h) of the Commission's rules, 47 C.F.R. §63.21(h), pursuant to international section 214 authorization, ITC-214-20001117-00674, held by XOC were eliminated or relocated in the corporate chain as follows: Telecommunications of Nevada, LLC, was merged with XOCS with XOCS surviving the transaction; XO International, LLC and XO NS, Inc. became wholly owned subsidiaries of XOCS and continue to provides services pursuant to ITC-214-20001117-00674 now held by XOCS; and XO Virginia, LLC (XOV) was relocated in the ownership chain and became a wholly owned indirect subsidiary of Verizon Business Network Services, Inc., and wholly owned indirect subsidiaries of MCI Communications Corp. (MCI) and Verizon. Pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. §63.21(h), XOV now provides services pursuant to international section 214 authorizations, ITC-214-19961003-00486 and ITC-214-19961231-00659, held by MCI. INFORMATIVE ITC-214-19990211-00083 TrustComm, Inc. By letter dated August 30, 2018, the Department of Homeland Security (DHS) notified the Commission that it was withdrawing as a party to the January 16, 2013 letter of Assurance (LOA) from the Chief Executive Officer and President of Global Secure Networks, Inc. (GSN) and the Chief Financial Officer of TrustComm, Inc. to Assistant Attorney General, National Security Division, Department of Justice (DOJ); Assistant Secretary for Policy, DHS; and the Deputy General Counsel of the Federal Bureau of Investigation. The Commission conditioned grant of the transfer of control of TrustComm, Inc., which holds international section 214 authorization ITC-214-19990211-00083, on GSN and TrustComm abiding by the commitments and undertakings in the LOA. See ITC-T/C-20120531-00145, International Authorizations Granted, Rep. No. TEL-01600, Public Notice, 28 FCC Rcd 351, 352 (IB 2013). This change has no effect on the validity of the LOA and the assurances made in it with respect to DOJ, and compliance with the LOA remains a condition of the international section 214 authorization. A failure to comply and/or remain in compliance with any of the commitments and undertakings in the LOA 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 DHS August 30 2018 Letter and the LOA are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-T/C- 20120531-00145 and accessing "Other filings related to this application" from the Document Viewing area. ITC-214-20071013-00427 Ekofon, Inc. By letter dated August 30, 2018, the Department of Homeland Security (DHS) notified the Commission that it was withdrawing as a party to the May 14, 2008 Letter of Assurance (LOA) from the President of Ekofon, Inc. to the Assistant Attorney General, National Security Division, Department of Justice (DOJ) and the Assistant Secretary for Policy, DHS. The Commission conditioned grant of the international section 214 authorization on Ekofon abiding by the commitments and undertakings in the LOA. See ITC-214-20071013-00427, International Authorizations Granted, Rep. No. TEL-01278, Public Notice, 23 FCC Rcd 9306 (IB 2008). This change has no effect on the validity of the LOA and the assurances made in it with respect to DOJ, and compliance with the LOA remains a condition of the international section 214 authorization. A failure to comply and/or remain in compliance with any of the commitments and undertakings in the LOA 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 DHS August 30 2018 Letter and the LOA are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-214-20071013-00427 and accessing "Other filings related to this application" from the Document Viewing area. SURRENDER ITC-214-20030811-00396 Globecomm Systems, Inc. Page 2 of 5

SURRENDER Applicant notified the Commission of the Surrender of its international section 214 authorization effective September 7, 2018. ITC-214-20070824-00349 Zed Telecom LLC. Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 29, 2018. ITC-214-20090717-00337 Telaurus Communications LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective September 7, 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 Page in the District 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: 2018-09-12 15:21:25
Document Modified: 2018-09-12 15:21:25
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