Public Notice TEL01948

International Telecommunications

Action Taken Public Notice

2019-03-21

FCC.report > IB > Public Notices > TEL01948

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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. 19-199 Report No. TEL-01948 Thursday March 21, 2019 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-214-20190214-00076 E Livewire FLA, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/15/2019 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-214-20190215-00078 E EBB Connect, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/15/2019 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-214-20190221-00085 E Aquatel Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/15/2019 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-ASG-20190219-00079 E GTT Americas LLC Assignment Grant of Authority Date of Action: 03/20/2019 Current Licensee: Hibernia Atlantic U.S. LLC FROM: Hibernia Atlantic U.S. LLC TO: GTT Americas LLC Notification filed February 19, 2019, of the pro forma assignment of international section 214 authorization ITC-214-20090612-00283, from Hibernia Atlantic U.S. LLC (Hibernia Atlantic) to GTT Americas, LLC (GTT Americas), effective January 22, 2019. In an intracorporate reorganization, GTT Americas merged with its commonly-owned affiliate, Hibernia Atlantic, with GTT Americas being the surviving entity. As a result of the merger, the international section 214 authorization was assigned to GTT Americas, a Delaware company. Hibernia Atlantic was, and GTT Americas remains, a wholly-owned subsidiary of GTT Communications, Inc., a publicly-traded Delaware corporation. ITC-T/C-20190201-00069 E West IP Communications, Inc. Transfer of Control Grant of Authority Date of Action: 03/15/2019 Current Licensee: West IP Communications, Inc. FROM: Olympus Holdings II, LLC TO: AP VIII Olympus VoteCo, LLC Application filed for consent to the transfer of control of West IP Communications, Inc. (WIPC), which holds international section 214 authorization ITC-214-20110309-00066, from Olympus Holdings II, LLC to AP VIII Olympus VoteCo, LLC (Olympus VoteCo). WIPC is a direct wholly owned subsidiary of West Corporation (West) which is a direct wholly owned subsidiary of Olympus Holdings II. Olympus VoteCo holds 100% voting control over Mount Olympus Holdings, Inc, the indirect 100% parent of Olympus Holdings II. Pursuant to a proposed unit purchase agreement (Agreement), Joshua J. Harris, who currently holds 33.3% equity interest and 51% voting interest in Olympus VoteCo, will assign his equity and voting interests to current sole officers and managers of Olympus VoteCo, Matthew Nord and Robert Kalsow-Ramos (collectively Managers), both U.S. citizens. Currently Messrs. Nord and Kaslow-Ramos each hold 24.5% voting interest and 33.3% equity interest in Olympus VoteCo. Mount Olympus Parent, L.P. (Mount Olympus Parent), which holds a 100% equity interest in Mount Olympus Holdings, will receive a nonattributable 9.9% voting and equity interest in Olympus VoteCo pursuant to the Agreement. Upon closing, Messrs. Nord and Kalsow-Ramos will each hold 45.5% equity and voting interests in Olympus Voteco, and Olympus VoteCo will indirectly control Olympus Holding II and WIPC. Mount Olympus Parent is owned directly by AP VIII Olympus Holdings, L.P. (AP VIII Holdings) (73% equity), and by AP Olympus Co-Invest, L.P. (AP Co-Invest) and members of West management (27% equity). The following three limited partnerships (Collectively AP Funds) hold equity interests in AP VIII Holdings as follows: Apollo Investment Fund VIII, L.P. (47.93%), Apollo Overseas Partners (Delaware 892) VIII, L.P., and AOP VIII (AIV), L.P. (14.67%). No entity or individual holds a 10% or greater direct or indirect aggregate equity in the AP Funds. Other than the AP Funds, no entity or individual holds a 10% or greater direct or indirect equity in Mount Olympus Parent. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20190201-00070 E West Telecom Services, LLC Transfer of Control Grant of Authority Date of Action: 03/15/2019 Current Licensee: West Telecom Services, LLC FROM: AP VIII Olympus VoteCo, LLC TO: AP VIII Olympus VoteCo, LLC Application filed for consent to the transfer of control of West Telecom Services, LLC (f/k/a Hypercube Telecom, LLC) (West Telecom), which holds international section 214 authorization ITC-214-20050203-00058, from Olympus Holdings II, LLC to AP VIII Olympus VoteCo, LLC (Olympus VoteCo). West Telecom is an indirect wholly owned subsidiary of West Corporation (West) which is a direct wholly owned subsidiary of Olympus Holdings II. Olympus VoteCo holds 100% voting control over Mount Olympus Holdings, Inc, the indirect 100% parent of Olympus Holdings II. Pursuant to a proposed unit purchase agreement (Agreement), Joshua J. Harris, who currently holds 33.3% equity interest and 51% voting interest in Olympus VoteCo, will assign his equity and voting interests to current sole officers and managers of Olympus VoteCo, Matthew Nord and Robert Kalsow-Ramos (collectively Managers), both U.S. citizens. Currently Messrs. Nord and Kaslow-Ramos each hold 24.5% voting interest and 33.3% equity interest in Olympus VoteCo. Mount Olympus Parent, L.P. (Mount Olympus Parent), which holds a 100% equity interest in Mount Olympus Holdings, will receive a nonattributable 9.9% voting and equity interest in Olympus VoteCo pursuant to the Agreement. Upon closing, Messrs. Nord and Kalsow-Ramos will each hold 45.5% equity and voting interests in Olympus Voteco, and Olympus VoteCo will indirectly control Olympus Holdings II and West Telecom. Mount Olympus Parent is owned directly by AP VIII Olympus Holdings, L.P. (AP VIII Holdings) (73% equity), and by AP Olympus Co-Invest, L.P. (AP Co-Invest) and members of West management (27% equity). The following three limited partnerships (Collectively AP Funds) hold equity interests in AP VIII Holdings as follows: Apollo Investment Fund VIII, L.P. (47.93%), Apollo Overseas Partners (Delaware 892) VIII, L.P., and AOP VIII (AIV), L.P. (14.67%). No entity or individual holds a 10% or greater direct or indirect aggregate equity in the AP Funds. Other than the AP Funds, no entity or individual holds a 10% or greater direct or indirect equity in Mount Olympus Parent. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5

ITC-T/C-20190206-00071 E Advanced Tel, L.L.C. Transfer of Control Grant of Authority Date of Action: 03/15/2019 Current Licensee: Advanced Tel, L.L.C. FROM: EATELCORP, L.L.C. TO: Reserve Communications and Computer Corporation Application filed for consent to the transfer of control of Advanced Tel LLC, which holds international section 214 authorizations ITC-214-19940131-00027 and ITC-214-19950814-00070, from its 100% direct parent, EATELCORP, LLC (EATEL), to Reserve Communications and Computer Corporation (Reserve). Pursuant to a December 18, 2018 Agreement and Plan of Merger, Reserve will acquire all outstanding equity interests in EATEL from current owner-members for cash. RTC MergerCo, LLC, a direct wholly owned subsidiary of Reserve formed to accomplish the transaction, will merge with and into EATEL, with EATEL being the surviving entity. As a result, EATEL and Advance Tel will become direct and indirect wholly owned subsidiaries of Reserve, respectively. Reserve is wholly owned by RTC Interco, L.L.C., which in turn is wholly owned by RTC Holdings, L.L.C. Three investments trusts established for the benefits of the Reilly family own RTC Holdings. (1) Jennifer and Sean Reilly Family, LLC holds a 44.44% interest in RTC Holdings. Kevin P. Reilly Jr. is the Trustee and Managing Member. (2) Ninemile, L.L.C., holds a 28.58% interest in RTC Holdings. William M. Reilly and Ross L. Reilly are the Trustees of Ninemile and Kevin P. Reilly Jr. is the Managing Member. (3) The Reilly Family Limited Partnership holds an 11.12% interest in RC Holdings. Kevin P. Reilly Jr., Anna Reilly Cullinan, Sean Reilly and Wendall Gray Reilly are the General Partners. No other individuals or entities hold a ten percent of greater interest in RTC Holdings. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20190227-00082 E SJI, LLC Transfer of Control Grant of Authority Date of Action: 03/15/2019 Current Licensee: SJI, LLC FROM: EATELCORP, L.L.C. TO: Reserve Communications and Computer Corporation Application filed for consent to the transfer of control of SJI, LLC, which holds international section 214 authorization ITC-214-20020402-00156, from its 100% indirect parent, EATELCORP, LLC (EATEL), to Reserve Communications and Computer Corporation (Reserve). Pursuant to a December 18, 2018 Agreement and Plan of Merger, Reserve will acquire all outstanding equity interests in EATEL from current owner-members for cash. RTC MergerCo, LLC, a direct wholly owned subsidiary of Reserve formed to accomplish the transaction, will merge with and into EATEL, with EATEL being the surviving entity. As a result, EATEL and SJI will become direct and indirect wholly owned subsidiaries of Reserve, respectively. Reserve is wholly owned by RTC Interco, L.L.C., which in turn is wholly owned by RTC Holdings, L.L.C. Three investments trusts established for the benefits of the Reilly family own RTC Holdings. (1) Jennifer and Sean Reilly Family, LLC holds a 44.44% interest in RTC Holdings. Kevin P. Reilly Jr. is the Trustee and Managing Member. (2) Ninemile, L.L.C., holds a 28.58% interest in RTC Holdings. William M. Reilly and Ross L. Reilly are the Trustees of Ninemile and Kevin P. Reilly Jr. is the Managing Member. (3) The Reilly Family Limited Partnership holds an 11.12% interest in RC Holdings. Kevin P. Reilly Jr., Anna Reilly Cullinan, Sean Reilly and Wendall Gray Reilly are the General Partners. No other individuals or entities hold a ten percent of greater interest in RTC Holdings. This authorization is without prejudice to the Commission's action in any other related pending proceedings. 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) International facilities-based service providers must file and maintain a list of U.S.-international routes on which they have direct termination arrangements with a foreign carrier. 47 CFR § 63.22(h). A new international facilities-based service provider or one without existing direct termination arrangements must file its list within thirty (30) days of entering into a direct termination arrangement(s) with a foreign carrier(s). Thereafter, international facilities-based service providers must update their lists within thirty (30) days after adding a termination arrangement for a new foreign destination or discontinuing an arrangement with a previously listed destination. See Process For The Filing Of Routes On Which International Service Providers Have Direct Termination Arrangements With A Foreign Carrier, ITC-MSC-20181015-00182, Public Notice, 33 FCC Rcd 10008 (IB 2018). (8) Any U.S. Carrier that owned or leased bare capacity on a submarine cable between the United States and any foreign point must file a Circuit Capacity Report to provide information about the submarine cable capacity it holds. 47 CFR § 43.82(a)(2). See https://www.fcc.gov/circuit-capacity-data-us-international-submarine-cables. (9) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. (10) 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. (11) 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. (12) Except as otherwise ordered by the Commission, a carrier authorized here to provide facilities-based service that (i) i l ifi d d i d S i 63 10 f h Page l f 4h of 5 i i f h i i l d (ii)

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. (13) Carriers shall comply with the Communications Assistance for Law Enforcement Act (CALEA), see 47 C.F.R. §§ 1.20000 et seq. (14) 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: 2019-03-20 17:42:33
Document Modified: 2019-03-20 17:42:33
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