Public Notice TEL01961

International Telecommunications

Action Taken Public Notice

2019-05-30

FCC.report > IB > Public Notices > TEL01961

6 Filings Included [expand]

IBFS_PN_1707623

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. 19-486 Report No. TEL-01961 Thursday May 30, 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-214-20190507-00110 E Alcasagar Investments Corporation International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 05/24/2019 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-T/C-20190524-00114 E Intelsat General Communications LLC Transfer of Control Grant of Authority Date of Action: 05/29/2019 Current Licensee: Intelsat General Communications LLC FROM: Intelsat S.A. TO: Intelsat S.A. Notification filed May 24, 2019, for the pro forma transfer of control of Intelsat General Communications LLC (IGC), which holds international Section 214 authorization ITC-MOD-20050329-00170, effective May 2, 2019. In a corporate reorganization, a new wholly owned subsidiary, Intelsat US Finance LLC, a Delaware limited liability company, was inserted into the ownership chain between Intelsat Alliance LP and Intelsat US LLC. IGC remains a direct wholly owned subsidiary of Intelsat US LLC and is now an indirect wholly owned subsidiary of Intelsat US Finance LLC. All of the entities are wholly owned subsidiaries of Intelsat, S.A. Page 1 of 4

INFORMATIVE ITC-T/C-20161220-00377 AST Telecom, LLC d/b/a Bluesky On November 16, 2018, the International Bureau granted consent for the transfer of control of AST Telecom, LLC d/b/a Bluesky (AST) and its affiliates American Samoa Hawaii Cable, LLC and Samoa American Samoa Cable, LLC from Amper, S.A. to Amalgamated Telecom Holdings Limited (ATH). International Authorizations Granted, ITC-T/C-20161220-00377, Public Notice, Report No. TEL-01935, DA 18-1187 (IB rel. Nov. 21, 2018) (AST-ATH Grant PN). In seeking such consent, ATH and AST made voluntary commitments concerning traffic routing and settlement rates. In particular, AST agreed to provide U.S.-outbound switched services on the U.S.-Fiji, U.S.-Vanuatu, U.S.-Kiribati, U.S.-Cook Islands, and U.S.-Independent Samoa routes (each an "Affiliated Route") solely via the resale of an unaffiliated U.S. facilities-based carrier's switched services until it demonstrates in writing that the relevant Affiliated Route complies with the Commission's settlement rate benchmark on that route. The grant permits AST to continue to provide facilities-based service on the U.S.-Independent Samoa route, provided AST requests Commission permission and makes the requisite demonstration. On March 8, 2019, AST filed its request (Request) to continue providing direct facilities-based service on the U.S.-Independent Samoa route. AST states in its Request that its affiliated foreign carrier, Bluesky Samoa Limited (Bluesky Samoa), has negotiated a settlement rate with AST that is at or below the Commission's benchmark rate of $0.19 per minute. According to the Request, AST and Bluesky Samoa have agreed to - and do - terminate traffic on the U.S.-Independent Samoa route at US $0.19 per minute. AST states that the Bluesky Samoa rate is available to all other U.S. carriers, as evidenced by the rate table attached to the Request. In further support of AST's assertion that the $0.19 per minute termination rate is and will continue to be generally available to all U.S. carriers, AST also provides for the record the Affidavits of Mr. Anish Chandra, Chief Financial Officer for Bluesky Samoa Limited, and Mr. Ivan Fong, Chief Executive Officer, ATH. AST states that it will notify the Commission in the event that circumstances change rendering it unable to continue offering a benchmark-compliant rate. On April 17, 2019, the International Bureau sought comment on AST's Request. Request Of AST Telecom To Continue Provision Of Services On U.S.-Independent Samoa Route Using The Switched Services Of An Affiliated U.S. Facilities-Based Carrier, Pleading Cycle Established, IB Docket No. 16-420, Public Notice, DA 19-295 (IB rel. Apr. 17, 2018). No comments were received. Based on the information and representations submitted for the record by AST in its March 8, 2019 Request, including the commitment to notify the Commission in the event that circumstances change rendering it unable to continue offering a benchmark-compliant rate, AST is authorized pursuant to international section 214 authorizations ITC-214-19980918-00671 and ITC-214-19981207-00860 to continue providing facilities-based service on the U.S.-Independent Samoa route. SURRENDER ITC-214-20120607-00149 Lan IP Voice, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective May 16, 2019. ITC-214-20160323-00124 Hammer Fiber Optic Investments Ltd. Applicant notified the Commission of the Surrender of its international section 214 authorization effective May 22, 2019. ITC-214-20160622-00172 USTelco, LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective April 1, 2019. Page 2 of 4

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 3h of 4 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 4 of 4


Document Created: 2019-05-29 14:25:18
Document Modified: 2019-05-29 14:25:18
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC