Public Notice TEL01933

International Telecommunications

Action Taken Public Notice

2018-11-08

FCC.report > IB > Public Notices > TEL01933

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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. 18-1142 Report No. TEL-01933 Thursday November 8, 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-214-20181009-00175 E Pinless Communications 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: 11/02/2018 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). Page 1 of 5

ITC-T/C-20180829-00168 E Illinois Valley Cellular RSA 2-I Partnership Transfer of Control Grant of Authority Date of Action: 11/02/2018 Current Licensee: Illinois Valley Cellular RSA 2-I Partnership FROM: Illinois Valley Cellular RSA 2-I Partnership TO: MTCO CORPORATION Application filed for consent to the transfer of control of Illinois Valley Cellular RSA 2-I Partnership (IVC RSA 2-I), which holds international section 214 authorization ITC-214-20010507-00291, to MTCO Corporation (MTCO). Applicants state that prior to January 1, 2017, IVC RSA 2-I had four general partners: Tonica Cellular, Inc. (Tonica), an Illinois corporation (11.11% general partnership interest); Leonore Cellular, Inc. (Leonore) (14.51% general partnership interest); Cencomm, Inc. (Cencomm) (37.19% general partnership interest); and Marseilles Cellular, Inc. (Marseilles), which is wholly owned by MTCO (37.19% general partnership interest). On January 1, 2017, without prior Commission consent, the general partnership interests held by Leonore and Cencomm were distributed to Marseilles and Tonica, and Leonore and Cencomm are no longer partners in IVC RSA 2-I. As a result, MTCO's indirect general partnership interest in IVC RSA 2-I through Marseilles, increased from 37.19% to 77%, and Tonica's general partnership interest in IVC RSA 2-I increased from 11.11% to 23%. The following entities and individuals, all U.S. entities and citizens, hold ten percent or greater direct and indirect ownership interests in MTCO, an Illinois corporation: Rauh Enterprises, L.P. (Rauh Enterprises) (36.53%); Allen J. Rauh (16.72%); Kathleen A. Rauh (14.72%). The GR/SR Irrevocable Trust, owns 93.69% of Rauh Enterprises, which owns 36.53% of MTCO. Ann Dickerson is the trustee of the GR/SR Irrevocable Trust. No other entity or individual holds a ten percent or greater direct or indirect equity or voting interest in MTCO. Applicants filed a request for Special Temporary Authority (STA) related to this transaction, ITC-STA-20180829-00167, which was granted on October 18, 2018. This grant is without prejudice to the Commission's action in any other related pending proceeding, and is without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission's rules. ITC-T/C-20181029-00194 E Meriplex Telecom LLC Transfer of Control Grant of Authority Date of Action: 11/07/2018 Current Licensee: Meriplex Telecom LLC FROM: Meriplex Communications, Ltd. TO: Henley Investments, Ltd. Notification filed on October 29, 2018, of the pro forma transfer of control of Meriplex Telecom LLC (Meriplex), which holds international section 214 authorization ITC-214-20100805-00325, from its 100% parent, Meriplex Communications Ltd. (MCom), to Henley Investments, Ltd. (Henley), effective October 2, 2018. Prior to the transaction, Meriplex, a Texas limited liability company, was wholly owned by MCom, which in turn was wholly owned by Henley, a Texas limited partnership. In the transaction Meriplex's membership interests were spun-off from MCom and distributed to Henley so that Henley now directly owns Meriplex. INFORMATIVE ITC-214-20060602-00300 BTI America LLC By letter dated October 18, 2018, the Department of Homeland Security (DHS) notified the Commission that it was withdrawing as a party to the October 6, 2006 Letter of Assurance (LOA) from the General Manager of BTI America LLC (BTI) to the Deputy Assistant Attorney General, Criminal Division, Department of Justice (DOJ), Deputy General Counsel, Federal Bureau of Investigation (FBI), and the Assistant Secretary for Policy, DHS. The Commission conditioned grant of the international section 214 authorization on BTI abiding by the commitments and undertakings in the LOA. See ITC-214-20060602-00300, International Authorizations Granted, Rep. No. TEL-01087, Public Notice, 21 FCC Rcd 13441 (IB 2006). This change has no effect on the validity of the LOA and the assurances made in it with respect to DOJ and FBI, 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 October 18 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-214-20060602-00300 and accessing "Other filings related to this application" from the Document Viewing area. Page 2 of 5

INFORMATIVE ITC-214-20060614-00315 Belgacom International Carrier Services N.V./S.A. By letter dated October 18, 2018, the Department of Homeland Security (DHS) notified the Commission that it was withdrawing as a party to the November 28, 2006 letter of Assurance (LOA) from the Chief Executive Officer of Belgacom International Carrier Services N.V./S.A. (Belgacom) to the Deputy Assistant Attorney General, Criminal Division, Department of Justice (DOJ), Deputy General Counsel, Federal Bureau of Investigation (FBI), and the Assistant Secretary for Policy, DHS. The Commission conditioned grant of the international section 214 authorization and the grant of the transfer of control of Belgacom International Carrier Services North America, Inc. on Belgacom abiding by the commitments and undertakings in the LOA. See ITC-214-20060614-00315 and ITC-T/C-20060614-00316, International Authorizations Granted, Rep. No. TEL-01094, Public Notice, 21 FCC Rcd 14186, 14187, 14189 (IB 2006). This change has no effect on the validity of the LOA and the assurances made in it with respect to DOJ and FBI, 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 October 18 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-214-20060614-00315 and ITC-T/C-20060614-00316 and accessing "Other filings related to this application" from the Document Viewing area. ITC-214-20140128-00033 Flock FZ-LLC By letter dated October 31, 2018, the Commission was notified that Riva FZC has changed its name to Flock FZ-FZC. ITC-214-20161012-00286 Talkie Communications, Inc. By letter dated October 17, 2018, the Commission was notified that Sonic Systems, Inc. has changed its name to Talkie Communications, Inc. SURRENDER ITC-214-20090817-00382 Meriplex Communications, Ltd. Applicant notified the Commission of the Surrender of its international section 214 authorization effective October 25, 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: 2018-11-07 15:54:14
Document Modified: 2018-11-07 15:54:14
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