Public Notice TEL01988

International Telecommunications

Action Taken Public Notice

2019-10-31

FCC.report > IB > Public Notices > TEL01988

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IBFS_PN_1986270

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. 19-1124 Report No. TEL-01988 Thursday October 31, 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-214-20190930-00161 E Puretalk Holdings Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 10/25/2019 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-ASG-20191018-00168 E Bell Atlantic Mobile Systems LLC Assignment Grant of Authority Date of Action: 10/30/2019 Current Licensee: Bell Atlantic Mobile Systems of Allentown, Inc. FROM: Bell Atlantic Mobile Systems of Allentown, Inc. TO: Bell Atlantic Mobile Systems LLC Notification filed October 18, 2019, of the pro forma assignment of international section 214 authorization, ITC-214-19960509-00185 (Old File No. ITC-96-277), from Bell Atlantic Mobile Systems of Allentown, Inc. (BAM Allentown) to its 100% direct parent Bell Atlantic Mobile Systems LLC (BAM Systems), effective September 30, 2019. In an internal restructuring BAM Allentown merged with and into BAM Systems, with BAM Systems being the surviving entity. BAM Allentown was, and BAM Systems remains, an indirect wholly owned subsidiary of Verizon Communications, Inc. Page 1 of 4

ITC-T/C-20190905-00155 E Hunter Communications Inc Transfer of Control Grant of Authority Date of Action: 10/25/2019 Current Licensee: Hunter Communications Inc FROM: Richard W Ryan TO: Hunter Communications Holdings LLC Application filed for consent to the transfer of control of Hunter Communications, Inc. (Hunter Communications), which holds international section 214 authorization ITC-214-20150615-00314, from Richard W. Ryan to Hunter Communications Holdings LLC (Hunter Holdings). Pursuant to an Interest Purchase Agreement, dated August 12, 2019, Hunter Holdings will acquire control of Hunter Communications from Mr. Ryan, the sole owner of Hunter Communications. Upon consummation Hunter Communications will be an indirect wholly owned subsidiary of Hunter Holdings. Hunter Holdings, a Delaware limited liability company, will be majority owned by Grain Communications Opportunity Fund II, L.P. (GCO Fund II), a Delaware limited partnership (75%), that is managed by and is affiliated with Grain Management, LLC (Grain Management). RWR Hunter Holdco Inc. (RWR Hunter Holdco), a Delaware company, will hold the other 25% interest in Hunter Holdings. Richard W. Ryan, a U.S. citizen, will be the sole owner of all capital stock of RWR Hunter Holdco upon closing. The limited partnership interests in GCO Fund II are held in passive financial investors. The following two limited partners hold 10% or greater equity interests in GCO Fund II: Board of Regents of the University of Texas System, a U.S. (Texas) University Endowment entity (11.1% (directly in GCO Fund II); The New York State Common Retirement Fund, a U.S. (New York) Investment Fund (16.7% directly in GCO Fund II). No entity or individual holds a 10% or greater interest in the Board of Regents of the University of Texas System or in The New York State Common Retirement Fund. Control of GCO Fund II resides in its general partner Grain GP IV, LLC (Grain GP IV), a Delaware limited liability company. Grain GP IV is controlled by its sole managing member Grain Capital II, LLC (Grain Capital II) (with 64.55% membership interests in GP IV and less than 10% equity interest in GCO Fund II). Grain Capital, LLC (Grain Capital), a Florida limited liability company is the sole member of Grain Capital II, and Grain Capital is wholly owned by David Grain, a U.S. citizen. No other individual or entity will hold a 10% or greater direct or indirect ownership interest in Hunter Holdings or Hunter Communications upon closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20190919-00158 E Hart Communications, Inc. Transfer of Control Grant of Authority Date of Action: 10/25/2019 Current Licensee: Hart Communications, Inc. FROM: Estate of Jack Lee Barton TO: Non-Exempt Marital Income Trust U/W Jack Lee Barton Application filed for consent to the transfer of control of Hart Communications, Inc. (HCI), which holds international section 214 authorization ITC-214-20060727-00369, from the Estate of Jack Lee Barton (Estate) to the Non-Exempt Marital Income Trust U/W Jack Lee Barton (Non-Exempt Trust). HCI is a wholly owned subsidiary of Lintel, Inc. (Lintel). Jack Lee Barton owned approximately 95% of the stock of Lintel, which passed to the Estate upon his death in 2016. See ITC-T/C-20160429-00149. Pursuant to the terms of Mr. Barton's Last Will and Testament, the Lintel stock currently held by the Estate, amounting to approximately 95% of the outstanding common stock, will be distributed to five testamentary trusts. The Non-Exempt Trust will be the only trust to hold a 10% or greater interest in Lintel with an approximately 79% ownership interest. The sole beneficiary of the Non-Exempt Trust is Kim L. Barton, the spouse of Mr. Barton. Voting rights for the Non-Exempt Trust will be exercised by James R. Daniel, Jr. while he is serving as a Co-Trustee of the Non-Exempt Trust. Mr. Daniel is also the President of HCI and is responsible for the day-to-day operations and the responsibility will continue after the closing of the Estate. No other individual or entity will hold 10% or greater direct or indirect interest in Lintel or HCI. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-19980826-00602 FIDELITY LONG DISTANCE, INC. Applicant notified the Commission of the Surrender of its international section 214 authorization effective October 29, 2019. ITC-214-20000410-00217 FIDELITY NETWORKS, INC Applicant notified the Commission of the Surrender of its international section 214 authorization effective October 29, 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: 2019-10-30 18:29:44
Document Modified: 2019-10-30 18:29:44
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