Public Notice TEL01973

International Telecommunications

Action Taken Public Notice

2019-08-08

FCC.report > IB > Public Notices > TEL01973

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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. 19-749 Report No. TEL-01973 Thursday August 8, 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-214-20180314-00054 E Neutral Networks USA 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: 08/06/2019 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on August 2, 2019, by the U.S. Department of Justice (DOJ). Accordingly, we condition grant of this application for international section 214 authority on compliance by Neutral Networks USA Inc. with the commitments and undertakings set forth in the Letter of Agreement from Gabriel Navarro Assad, Legal Representative, Neutral Networks USA, Inc., to the Assistant Attorney General for National Security, DOJ, dated July 30, 2019 (LOA). A failure to comply and/or remain in compliance with any of these commitments and undertakings 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. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System by searching for ITC-214-20180314-00054 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 5

ITC-T/C-20181105-00204 E Meriplex Telecom LLC Transfer of Control Grant of Authority Date of Action: 07/29/2019 Current Licensee: Meriplex Telecom LLC FROM: Henley Investments, Ltd. TO: Clairvest Group Inc. Application filed for consent to the transfer of control of Meriplex Telecom LLC (Meriplex), which holds international section 214 authorization ITC-214-20100805-00325, from its general partner Henley Investments Ltd. (Henley) to Clarivest Group Inc. (Clairvest). Pursuant to a Purchase Agreement, between Henley, certain investment funds controlled by Clairvest, and Meriplex Communications Ltd. (MCom), the parties propose to transfer the membership interests of Meriplex Telecom from Henley and its limited partners to MCom. After closing, Meriplex, a Texas limited liability company, will become a wholly owned subsidiary of MCom. MCom, a Delaware corporation, is majority owned (approx. 59.9%) and controlled by Clairvest indirectly through three investment funds: CEP V. Co-Investment Limited Partnership (CEP Co-Invest) holds directly approximately 18% of the ownership interest of MCom; Clairvest Equity Partners V Limited Partnership (Clairvest Equity V) (approx. 35.2%); Clairvest Equity Partners V-A Limited Partnership (Clairvest Equity V-A) (approx. 6.7%). Clairvest General Partner V Limited Partnership (Clairvest GP V) is a general partner of CEP Co-Invest, Clairvest Equity V, and Clairvest Equity V-A. Clairvest GP Manageco Inc. (Clairvest Manageco) also is a general partner of Clairvest Equity V and Clairvest Equity V-A, as well as manager of Clairvest Equity V-A. Clairvest GP (GPLP) Inc. (Clairvest GPLP) is the general partner of Clairvest GP V. Clairvest holds 100% of the ownership interests of Clairvest GPLP and Clairvest Manageco. Kenneth B Rotman and Gerald R. Heffernan, both Canadian citizens, each hold approximately 50.2% and 13.3% percent respectively, of the ownership interests of Clairvest. David Henley, a U.S. citizen, holds approximately 30% of the ownership interests of MCom. Dusty corning, a U.S. citizen, holds approximately 10.1% of the ownership interests of MCom. No other entity or individual will directly or indirectly hold a ten percent or greater ownership interest in Meriplex Telecom post-closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. INFORMATIVE ITC-214-20060330-00173 CSC Holdings LLC By letter filed April 17, 2019, Applicant notified the Commission that the following wholly-owned subsidiaries may provide international telecommunications service under the international section 214 authorization held by the applicant, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): CSC Wireless, LLC and CSC Wireless NY, LLC. ITC-214-20100616-00257 L3HARRIS TECHNOLOGIES, INC. By letter dated July 29, 2019, the Commission was notified that Harris Corporation has changed its name to L3Harris Technologies, Inc. ITC-214-20181023-00192 Idea Telecom LLC By letter filed July 25, 2019, Applicant notified the Commission of the withdrawal of its international section 214 application. SURRENDER ITC-214-19900315-00012 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19900330-00013 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19920417-00005 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19920428-00011 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19930103-00258 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19930423-00003 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19951130-00045 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19951201-00046 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960117-00017 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960207-00063 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960207-00064 AT&T CORP Page 2 of 5

SURRENDER Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960221-00077 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960221-00078 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960223-00084 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960306-00101 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960312-00106 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960725-00341 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19960912-00441 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19980209-00080 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19980209-00081 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19980209-00085 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19980209-00086 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19980209-00087 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19980218-00125 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19980508-00303 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19981007-00714 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19981118-00820 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19990422-00331 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19990503-00333 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-19991019-00662 AT&T CORP Applicant notified the Commission of the Surrender of its international section 214 authorization effective March 12, 2018. ITC-214-20100331-00137 Telax Voice Solutions, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective July 30, 2019. 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: 2019-08-07 15:27:18
Document Modified: 2019-08-07 15:27:18
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