Public Notice TEL01969

International Telecommunications

Action Taken Public Notice

2019-07-11

FCC.report > IB > Public Notices > TEL01969

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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. 19-639 Report No. TEL-01969 Thursday July 11, 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-214-20190610-00119 E WORLDCALLTEL.COM, 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: 07/05/2019 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). Page 1 of 6

ITC-ASG-20190528-00115 E Lingo Management, LLC Assignment Grant of Authority Date of Action: 07/10/2019 Current Licensee: Fusion Connect, Inc. FROM: Fusion Connect, Inc. TO: Lingo Management, LLC Notification filed May 28, 2019, of the pro forma assignment of assets from Fusion Connect, Inc. (Fusion Connect) to Lingo Management, LLC (Lingo), effective April 26, 2019. Pursuant to a February 1, 2019 Assets Purchase Agreement, Lingo acquired certain customers in 27 different states from Fusion Cloud Services, LLC f/k/a Birch Communications, LLC (Fusion Cloud Services), a wholly owned subsidiary of Fusion Connect. Lingo and Fusion Connect are both ultimately controlled by Holcombe T. Green and R. Kirby Godsey, both U.S. citizens. Fusion Cloud Services continues to provide international service to its remaining customers under the international section 214 authorization held by Fusion Connect, ITC-214-19971001-00592, pursuant to section 63.21(h) of the Commission's rules, 47 CFR § 63.21(h). The following wholly owned subsidiaries of Lingo provide international services under authority of Lingo's international 214 authorization, ITC-214-2016060-00180, and upon closing provide services to the newly acquired customers: Lingo Telecom of the Great Lakes, LLC; Lingo Telecom of the South LLC; Lingo Telecom of the West, LLC; Lingo Communications South, LLC; Lingo Communications North, LLC; Lingo Communications Midwest, LLC; and, Lingo Communications of the Northeast, LLC. INFORMATIVE ISP-PDR-20110726-00007 Choice Holdings LLC By letter dated June 26, 2019, the Department of Homeland Security (DHS) notified the Commission that it is withdrawing as a party to the July 19, 2007 Letter of Assurance (LOA) from Choice Holdings LLC 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 Choice Holdings' request for a declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), on Choice Holdings abiding by the commitments and undertakings in the LOA. See ISP-PDR-20110726-00007, International Authorizations Granted, Rep. No. TEL-01602, Public Notice, 28 FCC Rcd 1059, 1060 (IB 2013). 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 declaratory ruling and the underlying licenses. 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 declaratory ruling and the underlying licenses and thus grounds for declaring them terminated without further action on the part of the Commission. Failure to meet a condition of the ruling may also result in monetary sanctions or other enforcement action by the Commission. A copy of the DHS June 26, 2019 Letter and the July 19, 2007 LOA are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20110726-00007 and accessing "Other filings related to this application" from the Document Viewing area. ITC-214-19970804-00457 Bestel (USA) Inc. By letter dated June 26, 2019, the Department of Homeland Security (DHS) notified the Commission that it is withdrawing as a party to the November 9, 2007 Letter of Assurance (LOA) from Cablestar S.A. de C.V. and Bestel (USA) Inc. to the Assistant Attorney General, National Security 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 transfer of control of Bestel (USA) Inc., which holds international section 214 authorization ITC-214-1997080400457, on Cablestar and Bestel abiding by the commitments and undertakings in the LOA. See ITC-T/C-20070910-00370, International Authorizations Granted, Rep. No. TEL-01208, Public Notice, 22 FCC Rcd 20083 (IB 2007). 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 June 26, 2019 Letter and the November 9, 2007 LOA are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-214-19970804-00457 or ITC-T/C-20070910-00370 and accessing "Other filings related to this application" from the Document Viewing area. Page 2 of 6

INFORMATIVE ITC-214-19981019-00794 BT Americas Holdings Inc. By letter dated June 26, 2019, the Department of Homeland Security (DHS) notified the Commission that it is withdrawing as a party to the January 12, 2005 Letter of Assurances (LOA) and May 16, 2007 Commitment Letter from British Telecommunications plc (BT). The January 12, 2005 LOA is from BT to the Deputy Assistant Attorney General, National Security Division, Department of Justice (DOJ), Deputy General Counsel, Federal Bureau of Investigation (FBI), and the Director of Intelligence Coordination and Special Infrastructure Protection Programs, DHS. The Commission conditioned grant of the transfer of control of Infonet Broadband Services Corporation (now BT Americas Holdings Inc.), which holds international section 214 authorizations ITC-214-19981019-00794 and ITC-214-19990609-00340, on BT abiding by the commitments and undertakings in the LOA. See ITC-T/C-20041119-00460, International Authorizations Granted, Rep. No. TEL-00880, Public Notice, 20 FCC Rcd 2477, 2480 (IB 2005). The May 16, 2007 Commitment Letter is from BT to the Assistant Attorney General, National Security Division, DOJ, Deputy General Counsel, FBI, and the Assistant Secretary for Policy, DHS. The Commission conditioned grant of the transfer of control of Comsat International, Inc. (now BT Americas Holdings Inc.), which holds international section 214 authorization ITC-214-20020306-00105, on BT abiding by the commitments and undertakings in the Commitment Letter and the January 12, 2005 LOA. See ITC-T/C-20070425-00162, International Authorizations Granted, Rep. No. TEL-01153, Public Notice, 22 FCC Rcd 10037, 10039, (IB 2007). This change has no effect on the validity of the January 12, 2005 LOA and the May 16, 2007 Commitment Letter or the assurances made in them with respect to DOJ and FBI, and compliance with the LOA and Commitment Letter remains a condition of the international section 214 authorizations. A failure to comply and/or remain in compliance with any of the commitments and undertakings in the January 12, 2005 LOA and the May 16, 2007 Commitment Letter shall constitute a failure to meet a condition of the authorizations and thus grounds for declaring the authorizations terminated without further action on the part of the Commission. Failure to meet a condition of the authorizations may also result in monetary sanctions or other enforcement action by the Commission. A copy of the DHS June 26, 2019 Letter, the January 12, 2005 LOA and the May 16, 2007 Commitment Letter are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-214-19981019-00794, ITC-214-19990609-00340, ITC-214-20020306-00105, ITC-T/C-20041119-00460 or ITC-T/C-20070425-00162 and accessing "Other filings related to this application" from the Document Viewing area. ITC-214-19990609-00340 BT Americas Holdings Inc. By letter dated June 26, 2019, the Department of Homeland Security (DHS) notified the Commission that it is withdrawing as a party to the January 12, 2005 Letter of Assurances (LOA) and May 16, 2007 Commitment Letter from British Telecommunications plc (BT). The January 12, 2005 LOA is from BT to the Deputy Assistant Attorney General, National Security Division, Department of Justice (DOJ), Deputy General Counsel, Federal Bureau of Investigation (FBI), and the Director of Intelligence Coordination and Special Infrastructure Protection Programs, DHS. The Commission conditioned grant of the transfer of control of Infonet Broadband Services Corporation (now BT Americas Holdings Inc.), which holds international section 214 authorizations ITC-214-19981019-00794 and ITC-214-19990609-00340, on BT abiding by the commitments and undertakings in the LOA. See ITC-T/C-20041119-00460, International Authorizations Granted, Rep. No. TEL-00880, Public Notice, 20 FCC Rcd 2477, 2480 (IB 2005). The May 16, 2007 Commitment Letter is from BT to the Assistant Attorney General, National Security Division, DOJ, Deputy General Counsel, FBI, and the Assistant Secretary for Policy, DHS. The Commission conditioned grant of the transfer of control of Comsat International, Inc. (now BT Americas Holdings Inc.), which holds international section 214 authorization ITC-214-20020306-00105, on BT abiding by the commitments and undertakings in the Commitment Letter and the January 12, 2005 LOA. See ITC-T/C-20070425-00162, International Authorizations Granted, Rep. No. TEL-01153, Public Notice, 22 FCC Rcd 10037, 10039, (IB 2007). This change has no effect on the validity of the January 12, 2005 LOA and the May 16, 2007 Commitment Letter or the assurances made in them with respect to DOJ and FBI, and compliance with the LOA and Commitment Letter remains a condition of the international section 214 authorizations. A failure to comply and/or remain in compliance with any of the commitments and undertakings in the January 12, 2005 LOA and the May 16, 2007 Commitment Letter shall constitute a failure to meet a condition of the authorizations and thus grounds for declaring the authorizations terminated without further action on the part of the Commission. Failure to meet a condition of the authorizations may also result in monetary sanctions or other enforcement action by the Commission. A copy of the DHS June 26, 2019 Letter, the January 12, 2005 LOA and the May 16, 2007 Commitment Letter are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-214-19981019-00794, ITC-214-19990609-00340, ITC-214-20020306-00105, ITC-T/C-20041119-00460 or ITC-T/C-20070425-00162 and accessing "Other filings related to this application" from the Document Viewing area. Page 3 of 6

INFORMATIVE ITC-214-20020306-00105 BT Americas Holdings Inc. By letter dated June 26, 2019, the Department of Homeland Security (DHS) notified the Commission that it is withdrawing as a party to the January 12, 2005 Letter of Assurances (LOA) and May 16, 2007 Commitment Letter from British Telecommunications plc (BT). The January 12, 2005 LOA is from BT to the Deputy Assistant Attorney General, National Security Division, Department of Justice (DOJ), Deputy General Counsel, Federal Bureau of Investigation (FBI), and the Director of Intelligence Coordination and Special Infrastructure Protection Programs, DHS. The Commission conditioned grant of the transfer of control of Infonet Broadband Services Corporation (now BT Americas Holdings Inc.), which holds international section 214 authorizations ITC-214-19981019-00794 and ITC-214-19990609-00340, on BT abiding by the commitments and undertakings in the LOA. See ITC-T/C-20041119-00460, International Authorizations Granted, Rep. No. TEL-00880, Public Notice, 20 FCC Rcd 2477, 2480 (IB 2005). The May 16, 2007 Commitment Letter is from BT to the Assistant Attorney General, National Security Division, DOJ, Deputy General Counsel, FBI, and the Assistant Secretary for Policy, DHS. The Commission conditioned grant of the transfer of control of Comsat International, Inc. (now BT Americas Holdings Inc.), which holds international section 214 authorization ITC-214-20020306-00105, on BT abiding by the commitments and undertakings in the Commitment Letter and the January 12, 2005 LOA. See ITC-T/C-20070425-00162, International Authorizations Granted, Rep. No. TEL-01153, Public Notice, 22 FCC Rcd 10037, 10039, (IB 2007). This change has no effect on the validity of the January 12, 2005 LOA and the May 16, 2007 Commitment Letter or the assurances made in them with respect to DOJ and FBI, and compliance with the LOA and Commitment Letter remains a condition of the international section 214 authorizations. A failure to comply and/or remain in compliance with any of the commitments and undertakings in the January 12, 2005 LOA and the May 16, 2007 Commitment Letter shall constitute a failure to meet a condition of the authorizations and thus grounds for declaring the authorizations terminated without further action on the part of the Commission. Failure to meet a condition of the authorizations may also result in monetary sanctions or other enforcement action by the Commission. A copy of the DHS June 26, 2019 Letter, the January 12, 2005 LOA and the May 16, 2007 Commitment Letter are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-214-19981019-00794, ITC-214-19990609-00340, ITC-214-20020306-00105, ITC-T/C-20041119-00460 or ITC-T/C-20070425-00162 and accessing "Other filings related to this application" from the Document Viewing area. Page 4 of 6

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 5h of 6 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 6 of 6


Document Created: 2019-07-10 14:55:55
Document Modified: 2019-07-10 14:55:55
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