Public Notice TEL01972

International Telecommunications

Action Taken Public Notice

2019-07-25

FCC.report > IB > Public Notices > TEL01972

8 Filings Included [expand]

IBFS_PN_1813478

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. 19-698 Report No. TEL-01972 Thursday July 25, 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-214-20190516-00113 E Advanced Network Management 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: 07/19/2019 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-214-20190626-00126 E Subspace Communication LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/19/2019 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 5

ITC-T/C-20190619-00125 E CCI Network Services LLC Transfer of Control Grant of Authority Date of Action: 07/19/2019 Current Licensee: CCI Network Services LLC FROM: CCI Network Services LLC TO: Network Services Holdings, LLC Application filed for consent to the transfer of control of CCI Network Services LLC (CCI), which holds international section 214 authorization ITC-214-19980120-00026, to Network Services Holdings LLC (Network Services). Pursuant to the terms of the proposed transaction, Network Services will purchase the membership interests of CCI and upon closing will have 100% ownership and control of CCI. Network Services is a Delaware limited liability company. The following entities will have a direct ownership interest in Network Services: (1) Tower Arch Partners I (Q), LP, a Delaware limited partnership (46.20%); (2) Tower Arch Partners I, LP , a Delaware limited partnership (25.23%); (3) GoWest Enterprises I, Inc., a Utah entity (14.285%); and, (4) CGN Investments, LLC, a Utah limited liability company (14.285%). Tower Arch Partners I GP, LLC, a Delaware limited liability company, is the general partner of Tower Arch Partners I (Q), LP and Tower Arch Partners I, L.P. Ryan Stratton, David Parkin, David Topham, and Ryan Neuenschwander, all U.S. citizens, control Tower Arch Partners I GP, LLC. GoWest Enterprises I, Inc. is ultimately owned by Christopher Gose and Michelle McDonough, both U.S. citizens. CGN Investments, LLC is wholly owned by CGN Holdings LLC a Utah limited liability company that is ultimately controlled by Christopher Nottoli. No other individuals or entities will hold a ten percent or greater direct or indirect interest in Network Services or CCI. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20190620-00127 E Accipiter Communications Incorporated Transfer of Control Grant of Authority Date of Action: 07/19/2019 Current Licensee: Accipiter Communications Incorporated FROM: Pinpoint Holdings, Inc. TO: Wyyerd Group LLC Application filed for consent to the transfer of control of Accipiter Communications, Inc. d/b/a Zona Communications (Zona), which holds international section 214 authorization ITC-214-20061026-00491, from its 100% parent, Pinpoint Holdings, Inc. (PHI), to Wyyerd Group, LLC (Wyyerd). Pursuant to a June 14, 2019 Stock Purchase Agreement, Wyyerd will to acquire Zona through a series of concurrent transactions. Upon closing Zona will become a direct wholly owned subsidiary of Wyyerd. John Scarano, a U.S. citizen, is the managing member of Wyyerd and holds an indirect 58.27% interest in Wyyerd through his ownership of ESU Zona, LLC (ESU Zona), a Delaware limited liability company. In addition to ESU Zona, the other direct owner of Wyyerd with a greater than ten percent interest is Wyyerd Select Investors LLC (WSI), a Delaware limited liability company, which holds a 19.20% interest. PHI, a Nebraska company, holds a 61.73% interest in WSI. The following individuals, all U.S. citizens, hold a ten percent or greater interests in PHI: J. Shoemaker (approx. 25.88%), Eric B. Eisenhart (approx.2123%), William E. Shoemaker (approx.13.21%), and G. Franklin Shoemaker (approx.12.69%). No other entity or individual will hold ten percent or greater direct or indirect ownership interest in Wyyerd or Zona upon closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20190711-00133 E Optivon, Inc. Transfer of Control Grant of Authority Date of Action: 07/24/2019 Current Licensee: Optivon, Inc. FROM: Luis G Romero TO: The Luis G. Romero Trust Agreement dated November 28, 2018 Notification filed July 11, 2019, of the pro forma transfer of control of Optivon, Inc. a Puerto Rico corporation (Optivon-PR), which holds international section 214 authorization ITC-214-20090915-00418, from Luis G. Romero (Mr. Romero) to The Luis G. Romero Trust Agreement Dated November 28, 2018 (Trust), effective June 14, 2019. Prior to the transaction, Mr. Romero held a cumulative 76.26% and controlling interest in Optivon-PR (direct equity interest 56.65%; indirectly 19.61% through his 100% ownership of the issued and common stock of PW Acquisition Corp. (PW Acquisition), which holds 17.71% of common stock and 1.90% of preferred stock of Optivon-PR). Mr. Romero transferred his individual shares in Optivon-PR and his shares in PW Acquisition to the Trust. Mr. Romero is the sole grantor and trustee of the Trust. Page 2 of 5

ITC-T/C-20190711-00134 E Optivon Telecommunications Services, Inc. Transfer of Control Grant of Authority Date of Action: 07/24/2019 Current Licensee: Optivon Telecommunications Services, Inc. FROM: Luis G Romero TO: The Luis G. Romero Trust Agreement dated November 28, 2018 Notification filed July 11, 2019, of the pro forma transfer of control of Optivon Telecommunications Services, Inc. (OTSI), which holds international section 214 authorization ITC-214-20041201-00474, from Luis G. Romero (Mr. Romero) to The Luis G. Romero Trust Agreement Dated November 28, 2018 (Trust), effective June 14, 2019. OTSI is a wholly owned subsidiary of Optivon, Inc. (Optivon-PR). Prior to the transaction, Mr. Romero held a cumulative 76.26% and controlling interest in Optivon-PR (direct equity interest 56.65%; indirectly 19.61% through his 100% ownership of the issued and common stock of PW Acquisition Corp. (PW Acquisition), which holds 17.71% of common stock and 1.90% of preferred stock of Optivon-PR). Mr. Romero transferred his individual shares in Optivon-PR and his shares in PW Acquisition to the Trust. Mr. Romero is the sole grantor and trustee of the Trust. ITC-T/C-20190711-00135 E Optivon, Inc. Transfer of Control Grant of Authority Date of Action: 07/24/2019 Current Licensee: Optivon, Inc. FROM: Luis G Romero TO: The Luis G. Romero Trust Agreement dated November 28, 2018 Notification filed July 11, 2019, of the pro forma transfer of control of Optivon, Inc., a Florida corporation (Optivon-FL), which holds international section 214 authorization ITC-214-20050122-00012, from Luis G. Romero (Mr. Romero) to The Luis G. Romero Trust Agreement Dated November 28, 2018 (Trust), effective June 14, 2019. Optivon-FL is a wholly owned subsidiary of Optivon, Inc. a Puerto Rico corporation (Optivon-PR). Prior to the transaction, Mr. Romero held a cumulative 76.26% and controlling interest in Optivon-PR (direct equity interest 56.65%; indirectly 19.61% through his 100% ownership of the issued and common stock of PW Acquisition Corp. (PW Acquisition), which holds 17.71% of common stock and 1.90% of preferred stock of Optivon-PR). Mr. Romero transferred his individual shares in Optivon-PR and his shares in PW Acquisition to the Trust. Mr. Romero is the sole grantor and trustee of the Trust. INFORMATIVE ITC-214-20001117-00674 XO Communications Services, LLC By letter dated July 5, 2019, Applicant notified the Commission that XO Communications Services, LLC and XO Virginia, LLC are discontinuing their standalone long distance and toll free services. 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: 2019-07-24 13:59:09
Document Modified: 2019-07-24 13:59:09
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