Public Notice TEL01928

International Telecommunications

Action Taken Public Notice

2018-10-11

FCC.report > IB > Public Notices > TEL01928

6 Filings Included [expand]

IBFS_PN_1550878

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. 18-1040 Report No. TEL-01928 Thursday October 11, 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-214-20180711-00148 E SMG Holdings International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 10/05/2018 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-T/C-20180821-00158 E BCM One, Inc. Transfer of Control Grant of Authority Date of Action: 10/05/2018 Current Licensee: BCM One, Inc. FROM: BCM One, Inc. TO: Thompson Street Capital Partners V, L.P. Application filed for consent to the transfer of control of by BCM One, Inc. f/k/a McGraw Communications, Inc. (BCM), which holds international section 214 authorization ITC-214-20020327-00146, to Thompson Street Capital Partners V, L.P. (Thompson Street). Pursuant to the terms of a Letter of Intent (LOI) executed between the parties on July 18, 2018, Thompson Street, a Delaware limited partnership, proposes to acquire a controlling interest in BCM, a New York corporation. Specifically, BCM One Group Holdings, Inc. (BCM Holdings), a newly formed Delaware corporation, will acquire BCM, and Thompson Street will hold 70% of the equity and voting interests in BCM Holdings and the remaining 30% interest in BCM Holdings will be held separately and independently by a combination of the three current equity holders of BCM (who will each roll over a portion of their sale proceeds into equity in BCM Holdings), certain lender co-investors, and other commercial partners who will co-invest alongside the seller rollover parties. None of these individual holders will hold 10% or greater equity or voting shares of 10% or greater. Thompson Street Capital Fund V GP, L.P. (TSCF GP) is the general partner of Thompson Street. All limited partners of Thompson Street are insulated under the Commission's rules and none of the limited partners hold 10% or greater equity interest. Thompson Street Capital LLC (TSC), a Delaware limited liability company, is the general partner of TSCF GP and Thompson Street Capital Manager LLC (TSCM), a Delaware limited liability company, is the sole limited partner of TSCF GP. At closing, TSCM will hold a 20% interest in TSCF GP. Currently, James A Cooper is the sole member of TSCF GP and TSCM, but Robert C. Dunn will be added as another member of TSCM with a minority ownership interest. TSCF GP is undergoing restructuring which will add more limited partners, all U.S. citizens, but the only limited partners expected to hold 10% or greater membership interests are Messrs. Cooper and Dunn. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20180824-00169 E UTC Long Distance LLC Transfer of Control Grant of Authority Date of Action: 10/05/2018 Current Licensee: UTC Long Distance LLC FROM: William H Bradford TO: MTE Holdings LLC Application filed for consent to the transfer of control of UTC Long Distance, LLC (UTC-LD), which holds international section 214 authorization ITC-214-19970205-00061, from William H. Bradford to MTE Holdings LLC (MTEH). UTC-LD, a Tennessee limited liability company, is a wholly owned subsidiary of United Communications Holdings, LLC (UCH), a Delaware limited liability company, and Mr. Bradford owns 82% of the voting shares of UCH. The proposed transaction contemplates that MTEH will purchase 875,000 newly issued Class A membership interests in UCH. Contemporaneously, UCH will redeem 137,000 Class A membership interests in UCH held by Mr. Bradford and all outstanding Class B membership interests in UCH. Upon closing MTEH will hold 875,000 Class A membership interests representing 68.6% voting and equity interests, Mr. Bradford will hold 304,343 Class A membership interests in UCH representing 23.8% voting and equity interests, and Eugene B. Johnson, a current member, will hold 96,891 Class A membership interests representing 7.6% voting and equity interests. The UCH Operating Agreement will be amended to eliminate Class B membership interests. UCH will be directly controlled by a Board of Managers, initially, composed of five members, with two members appointed by Messrs. Bradford (President and CEO) and Johnson (Chairman) and three members appointed by MTEH. MTEH is a wholly owned subsidiary of The Middle Tennessee Electric Membership Corporation (MTEMC), a Tennessee cooperative that is owned by its member customers, none of whom hold a ten percent or greater direct or indirect equity or voting interest in MTEMC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5

ITC-T/C-20180827-00166 E Illinois Valley Cellular RSA 2-II Partnership Transfer of Control Grant of Authority Date of Action: 10/10/2018 Current Licensee: Illinois Valley Cellular RSA 2-II Partnership FROM: Cencomm, Inc TO: Illinois Valley Cellular RSA 2-II Partnership Notification filed August 29, 2018, of the pro forma transfer of control of Illinois Valley Cellular RSA 2-II Partnership (IVC RSA 2-II), which holds international section 214 authorization ITC-214-20010507-00292, effective January 1, 2017. Prior to the transaction IVC RSA-2-II had five general partners and Marseilles Cellular, Inc. (Marseilles) was the Operational Partner and Network Partner of the partnership. On January 1, 2017, two of the general partners of IVC RSA 2-II, Cencomm, Inc. (22.31% ownership interest) and Lenore Cellular, Inc. (8.71% ownership interest) withdrew from the partnership and the proportionate ownership interests held by remaining general partners of IVC RSA 2-II, Alltel Communications, LLC (Alltel) (40% ownership interest), Marseilles (22.31% ownership interest) and Tonica Cellular, Inc. (Tonica) (6.67% ownership interest), increased pro rata to reflect the withdrawal. As a result, Alltel's interest increased to 57.99%; Marseilles' interest increased to 32.34%; and Tonica's interest increased to 9.67%. Marseilles continues to manage and control IVC RSA 2-II as Operational Partner and Network Partner of the partnership. Marseilles controls the daily operations of and carry out the day-to-day policy decisions for IVC RSA 2-II, controls the financial decisions associated with operating IVC RSA 2-II, controls personnel decisions, controls the use of IVC RSA 2-II facilities and equipment, and receive monies and profits from the operation of the facilities, and therefore continues to hold de facto control over IVC RSA 2-II. ITC-T/C-20180905-00172 E Smart City Telecommunications LLC Transfer of Control Grant of Authority Date of Action: 10/05/2018 Current Licensee: Smart City Telecommunications LLC FROM: Smart City Holdings, LLC TO: Sapphire Intermediate Holdings, LLC Application filed for consent to the transfer of control of Smart City Telecommunications LLC (SCT), which holds international section 214 authorization ITC-214-19940830-00265, from Smart City Holdings LLC (Smart City Holdings) to Sapphire Intermediate Holdings, LLC (Sapphire Intermediate Holdings). SCT is a wholly owned subsidiary of Smart City Finance, LLC (SCF), which in turn is a wholly owned subsidiary of Smart City Holdings, all Delaware limited liability companies. Pursuant to a purchase agreement, Smart City Holdings will transfer all of its limited liability company membership interests in SCF to Sapphire Intermediate Holdings. After closing, Sapphire Intermediate Holdings will indirectly own and control SCF and SCT through Sapphire Telecom, Inc. Sapphire Intermediate Holdings is direct wholly owned subsidiary of Sapphire Acquisition Holdings, LLC (SAH), both Delaware limited liability companies. SAH is owned and controlled as follows: CSC Sapphire Holdings, L.P. (CSC Sapphire Holdings) (93% equity/95.1% voting) and Management Investors (4.9% equity interest/7% voting interest). CSC Sapphire Holdings is owned as follows: Court Square Capital Partners III, L.P. (CSC Partners III), a Delaware limited partnership (96.82% equity interest/0% voting interest); Court Square Capital GP III, LLC, a Delaware limited liability company (0% equity interest/100% voting interest). CSC GP III, LLC is the sole general partner of CSC Partners III and CSC Sapphire Holdings. No entity or individual directly or indirectly holds 10% or greater equity of CSC Partners III, and no other entity or individual holds 10% or greater ownership interest in Sapphire Intermediate Holdings or in SCT. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-19960618-00254 Access Point, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective September 28, 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: 2018-10-10 13:41:54
Document Modified: 2018-10-10 13:41:54
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