Public Notice TEL00726

International Telecommunications

Action Taken Public Notice

2003-10-30

FCC.report > IB > Public Notices > TEL00726

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IBFS_PN_341005

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-4 18-0500 Fax-On-Demand 202-4 18-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA NO. 03-3462 Report No. TEL-00726 Thursday October 30,2003 INTERNATIONAL AUTHORIZATIONS GRANTED Section 214 Applications (47 C.F.R. !j 63.18); Cable Landing License Applications (47 C.F.R. 5 1.767); Requests to Authorize Switched Services over Private Lines (47 C.F.R. !j 63.16); Section 310(b)(4) Requests 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. Q 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. Q 63.22; and/or (2) to become a resale-based international common carrier subject to 47 C.F.R. Q 63.23; or (3) to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. Q 310(b)(4). Grants under Section 63.16 and certain grants under Section 63.18 also authorize carriers generally to use their authorized private lines to provide switched services (ISR) between the United States and particular international points pursuant to 47 C.F.R. Q 63.16. See also 47 C.F.R. QQ 63.22(e), 63.23(d). 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. These are set forth in detail below and in Sections 63.21, 63.22, and 63.23 of the Commission’s rules, 47 C.F.R. $5 63.2 1-.23. 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. The Commission most recently amended its rules applicable to international telecommunications common carriers in 2000 Biennial Regulatory Review, Policy and Rules Concerning the International, Interexchange Marketplace, FCC 01-93, released, March 20, 2001, 66 Fed. Reg. 16874 (Mar. 28, 2001). See also IB Docket No. 97-142, Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Order on Reconsideration, 15 FCC Rcd 18158 (2000); IB Docket No. 98-1 18, Review of International Common Carrier Regulations, FCC 99-51, released March 23, 1999,64 Fed. Reg. 19,057 (Apr. 19, 1999) and in IB Docket Nos. 98-148, 95-22, CC Docket No. 90-337 (Phase 11), 1998 Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, FCC 99-73, released May 6, 1999, 64 Fed. Reg. 34, 734 (June 29, 1999). An updated version of Sections 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/td/pf/telecomrules.html. ITC-214-20030918-00437 E CallKey Limited International Telecommunications Certificate Service@): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003

~~~~ ITC-214-2003 0926 -00451 E Tphone.us, Inc. International TelecommunicationsCertificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20030929-00445 E Exponentiale Limited International TelecommunicationsCertificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.1 8(e)(2) of the rules. ITC-214-20031001-00454 E TELENGY, L.L.C. International TelecommunicationsCertificate Service@): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(I) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20031001-00455 E Aroma Foods, Inc. d/b/a Aroma Communications International TelecommunicationsCertificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20031002-00458 E Telephone &Internet Services, Inc. International TelecommunicationsCertificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(l) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ~~ ITC-214-20031002-00459 E Soncom International TelecommunicationsCertificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(l) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20031003-00457 E comm360 software, inc. International TelecommunicationsCertificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003

ITC-214-20031005-00460 E Crisa Communications LLC International TelecommunicationsCertificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(l) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20031006-00461 E CMOLS, LLC International TelecommunicationsCertificate Service@): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20031008-00469 E Tel-Com Solutions Group, Inc. International TelecommunicationsCertificate Service@): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 10/24/2003 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules, and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-ASG-20030808-00496 P Cable & Wireless Global Holding Limited (UK) Assignment Grant of Authority Date of Action: 10/29/2003 Current Licensee: Cable & Wireless Global Network Limited (Ireland) FROM: Cable &Wireless Global Network Limited (Ireland) TO: Cable & Wireless Global Holding Limited (UK) Notification of the pro forma assignment of the international section 214 authorizations (ITC-214-19990412-00223,ITC-214-19990412-00224; ITC-214-19990412-00227;ITC-214-19990412-00229)held by Cable & Wireless Global Network Limited (Ireland) to Cable & Wireless Global Holding Limited (UK). ITC-ASQ-20030915-00491 P American Cellular Corporation Assignment Grant of Authority Date of Action: 10/29/2003 Current Licensee: ACC Acquisition LLC FROM: ACC Acquisition LLC TO: American Cellular Corporation Notification of the pro forma assignment of international section 214 authorization (ITC-214-20000428-0025.5)from ACC Acquisition LLC to American Cellular Corporation. ITC-T/C-20030819-00470 P CTC Communications Corp.-Debtor-In-Possession Transfer of Control Grant of Authority Date of Action: 10/24/2003 Current Licensee: CTC Communications Cop-Debtor-In-Possession FROM: CTC Communications Group, 1nc.-Debtor-in-Possession TA. r.-,..-L:- x ,--...___ _-._... f. :. .

ITC-T/C-20030828-00422 E LandSea Systems, Inc. Transfer of Control Other Companies: LandSea Systems, Inc. (Transferor); a Virginia corporation; Thrane & Thrane A/S (Transferee); a Denmark corporation Grant of Authority Date of Action: 10/29/2003 Current Licensee: LandSea Systems, Inc. FROM: LandSea Systems, Inc. TO: Thrane & Thrane A/S Application for consent to transfer control of LandSea Systems, Inc. to Thrane & Thrane NS. Currently LandSea Systems, Inc. holds Section 214 authorization (ITC-214-20030424-00203) to serve as an Inmarsat Point of Service Activation for the United States and provides airtime to all international points on a reseller basis in accordance with Section 63.18(e)(3) of the rules. Grant of this application is conditioned on, and subject to, compliance with the provisions of the Letter Agreement between each of the Applicants, Thrane & Thrane A/S and LandSea Systems, Inc. on the one hand, and the Federal Bureau of Investigation,Department of Justice and Department of Homeland Security, on the other, dated October 8,2003, which is designed to address national security, law enforcement, and public safety concerns of the Federal Bureau of Investigation, Department of Justice and Department of Homeland Security regarding the authority granted by this Public Notice. Nothing in the Letter Agreement is intended to limit any obligation imposed by Federal law or regulation including, but not limited to, 47 U.S.C. Section 222(a) and (c)(l) and the Commission's implementingregulations. A copy of each Letter Agreement, identical except for the name of the contracting corporate party, is attached to this Public Notice as Appendix A. By letter dated October 23,2003, to Marlene H. Dortch, Secretary, FCC, Thrane & Thrane NS, on behalf of itself and LandSea Systems, Inc. confirmed its acceptance of the foregoing condition to grant of the application. This authorization is without prejudice to the Commission's action on other related pending application(s). ITC-T/C-20030910-00471 P CTC Communications of Virginia, 1nc.-Debtor-In-Possession Transfer of Control Grant of Authority Date of Action: 10/24/2003 Current Licensee: CTC Communications of Virginia, 1nc.-Debtor-In-Possession FROM: CTC Communications Group, 1nc.-Debtor-in-Possession TO: Columbia Ventures Corporation Application for consent to transfer control of an international section 214 authorization, ITC-214-19980820-00606, held by CTC Communications of Virginia, Inc. Debtor-in-Possession (CTC Communication of Virginia DIP) from CTC Communications Group, Inc. Debtor-in-Possession (CTC Communications Group DIP) to Columbia Ventures Corporation. Specifically, CTC Communications of Virginia DIP is a wholly owned subsidiary of CTC Communications Group DIP. After emerging from bankruptcy, CTC Communications Group DIP will become directly owned and controlled, and CTC Communications of Virginia DIP indirectly owned and controlled by Columbia Ventures Broadband LLC, a wholly owned subsidiary of Columbia Ventures Corporation pursuant to an investment agreement between the parties. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20030918-00450 E Verestar, Inc. Transfer of Control Grant of Authority Date of Action: 10/24/2003 Current Licensee: Verestar, Inc. FROM: American Tower Corporation TO: Rare Medium Group, Inc. Application for consent to transfer control of four international section 214 authorizations, ITC-214-19960801-00362, ITC-214-19970131-00053,ITC-214-19971209-00769,ITC-TIC-19980528-00353,held by Verestar, Inc. from American Tower Corporation to Rare Medium Group, Inc. Verestar, Inc. will be converted into Verestar, LLC for the purpose of canying out the proposed transfer of control. See ITC-ASG-20030916-00448. This authorization is without prejudice to the Commission's action on any other related pending application(s).

~~ ~ ITC-T/C-20030926-00456 E Stratos Communications, Inc. Transfer of Control Grant of Authonty Date of Action: 10/24/2003 Current Licensee: Stratos Communications, Inc. FROM: Aliant Inc. TO: Stratos Global Corporation Application for consent to transfer control of international section 214 authorizations: ITC-214-19980121-00028(previously ITC-98-076), and ITC-214-19980326-00205(previously ITC-98-253), held by Stratos Communications, Inc. (Stratos Communications)from Aliant, Inc. (Aliant) to Stratos Global Corporation (Stratos Global). Specifically,Aliant, a Canadian corporation, proposes to relinquish its 53 percent direct control of Stratos Global, a Canadian corporation, thereby reducing its indirect equityhoting interest in Stratos Communications to zero. As a result of the proposed transaction, Stratos Global will acquire a 100 percent indirect equityhoting interest in Stratos Communications. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20030926-00462 P Stratos Mobile Networks, Inc. Transfer of Control Grant of Authority Date of Action: 10/24/2003 Current Licensee: Stratos Mobile Networks, Inc. FROM: Aliant Inc. TO: Stratos Global Corporation Application for consent to transfer control of international section 214 authorizations: ITC-90-088, ITC-91-012, ITC-92-058, ITC-92459, ITC-93-014, ITC-93-013, ITC-91-157, ITC-93-188, ITC-95-359, ITC-95-565, ITC-93-142, ITC-95-596, ITC-96441, ITC-97-373, ITC-97-594, ITC-98-103, ITC-97-450, ITC-2 14-19970924-00580, ITC-2 14-1998 1030-00053, ITC-214-19970804-00455, ITC-214-199812 14-00859 and ITC-TAO-I 9980701-00916, held by Stratos Mobile Networks, Inc. (Stratos Mobile) from Aliant, Inc. (Aliant) to Stratos Global Corporation (Stratos Global). Specifically,Aliant, a Canadian corporation, proposes to relinquish its 53 percent direct control of Stratos Global, a Canadian corporation, thereby reducing its indirect equitylvoting interest in Stratos Mobile to zero. As a result of the proposed transaction, Stratos Global will acquire a 100 percent indirect equityhoting interest in Stratos Mobile. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20030926-00464 P Stratos Telecom, Inc. Transfer of Control Grant of Authority Date of Action: 10/24/2003 Current Licensee: Stratos Telecom, Inc. FROM: Aliant Inc TO: Stratos Global Corporation Application for consent to transfer control of an international section 214 authorization, ITC-214-19991220-00815,held by Stratos Telecom, Inc. (Stratos Telecom) from Aliant, Inc. (Aliant) to Stratos Global Corporation (Stratos Global). Specifically,Aliant, a Canadian corporation, proposes to relinquish its 53 percent direct control of Stratos Global, a Canadian corporation, thereby reducing its indirect equityhoting interest in Stratos Telecom to zero. As a result of the proposed transaction, Stratos Global will acquire a 100 percent indirect equityhoting interest in Stratos Telecom. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20030926-00465 P Stratos Offshore Services Company Transfer of Control Grant of Authority Date of Action: 10/24/2003 Current Licensee: Stratos Offshore Services Company FROM: Aliant Inc. TO: Stratos Global Corporation Application for consent to transfer control of international section 214 authorizations: ITC-214-19980914-00636,ITC-ASG-I 9991220-00819, held by Stratos Offshore Services Company (Stratos Offshore) from Aliant, Inc. (Aliant) to Stratos Global Corporation (Stratos Global). Specifically, - . . Aliant, a Canadian corporation, proposes to relinquish its 53 percent direct control of Stratos Global, a Canadian corporation,

ITC-T/C-20030926-00466 P Satellite Distribution Services, Inc. Transfer of Control Grant of Authority Date of Action: 10/24/2003 Current Licensee: Satellite Distribution Services, Inc. FROM: Aliant Inc. TO: Stratos Global Corporation Application for consent to transfer control of an international section 214 authorization, ITC-214-19980828-00591,held by Satellite Distribution Services, Inc. (Satellite Distribution) from Aliant, Inc. (Aliant) to Stratos Global Corporation (Stratos Global). Specifically, Aliant, a Canadian corporation, proposes to relinquish its 53 percent direct control of Stratos Global, a Canadian corporation, thereby reducing its indirect equity/voting interest in Satellite Distribution to zero. As a result of the proposed transaction, Stratos Global will acquire a 100 percent indirect equitylvoting interest in Satellite Distribution. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20031008-00467 E Denton Telecom Partners I, L.P. Transfer of Control Grant of Authority Date of Action: 10/24/2003 Current Licensee: Denton Telecom Partners I, L.P. FROM: Denton Telecom Holdings I, L.L.C. TO: Grande CommunicationsJnc. Application for consent to transfer control of an international section 214 authorization, ITC-ASG-20020801-00493, held by Denton Telecom Partners I, L.P. from Denton Telecom Holdings I, L.L.C. to Grande Communications, Inc. This authorization is without prejudice to the Commission's action on any other related pending application(s). INFORMATWE ITC-214-19980728-00521 TVC Telecom Incorporated Talk Visual Corporation notified the Commission by letter dated October 20,2003, that it has changed its name to TVC Telecom Incorporated.

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 2 14 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 2 14 Authorizations, which identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is attached to 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 streamlined grant 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 2 14 Authorization Process and Tariff Requirements, IB Docket No. 95-1 18, 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://www.fcc.gov/ib/td/pflexclusionhst.html. It also will be attached to each Public Notice that grants international Section 2 14 authority. (2) The export of telecommunications services and related payments to countries that are subject to economic sanctions may be restricted. For dormation 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 63.1 1 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. The Commission recently amended Section 63.11 of the rules in its Order on Reconsideration in IB Docket No. 97-142, 15 FCC Rcd 18158 (2000). (4) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements contained in Sections 43.51 and 64.1001 ofthe Commission's Rules, 47 C.F.R. $4 43.51, 64.1001. The Commission modified these requirements most recently in 2000 Biennial Regulatory Review, Policy and Rules Concerning the International, Interexchange Marketplace, FCC 01-93, released, March 20,2001, 66 Fed. Reg. 16874 (Mar. 28,2001). See also 1998 Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, IB Docket Nos. 98-148, 95-22, CC Docket No. 90-337 (Phase II), FCC 99-73 (rel. May 6, 1999). In addition, any carrier interconnecting private lines to the U.S. public switched network at its switch, including any switch in which the carrier obtains capacity either through lease or otherwise, shall file annually with the Chief, International Bureau, a certified statement containing, on a country-specific basis, the number and type (e.g., 64 kbps circuits) of private lines interconnected in such manner. The Commission will treat the country of origin information as confidential. Carriers need not file their contracts for interconnection unless the Commission specifically requests. Carriers shall file their annual report on February 1 (covering international private lines interconnected during the preceding January 1 to December 3 1 period) of each year. International private lines to countries for which the Commission has authorized the provision of switched basic services over private lines at any time during a particular reporting period are exempt from this requirement. See 47 C.F.R. 5 43.51(d). (5) Carriers authorized to provide private line service either on a facilities or resale basis are limited to the provision of such private line service only between the United States and those foreign points covered by their referenced applications for Section 214 authority. In addition, the carriers may not -- and their tariffs must state that their customers may not -- connect their private lines to the public switched network at either the U.S. or foreign end, or both, for the provision of international switched basic services, unless the Commission has authorized the provision of switched services over private lines to the particular country at the foreign end of the private line or the carrier is exchanging switched traffic with a foreign carrier that the Commission has determined lacks market power in the country at the foreign end of the private line. See 47 C.F.R. $9 63.16, 63.22(e), 63.23(d). A foreign carrier lacks market power for purposes of this rule if it does not appear on the Commission list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points. This list is available at http://www.fcc.gov/Bureaus/International/Public-Notices/l999/da990809.txt.See generally 1998 Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, IB Docket Nos. 98-148, n< 7-1 rr xi,. n--ira+ nn 2 2 7 mhnnain c r r no 7 2 (,,I XK-.. I innn\ -__,.- 1 1 1c i n ? inn

BarDaaos, Coiomrna, Lniie, EI salvaaor, I aiwan, luicaragua, I ureey, reru, Morocco, cmana, Bolivia, cruyana, Mongolia, Zimbabwe, Gambia, Nigeria, Bangladesh, Indonesia, Tunisia, Qatar, Oman, Mauritius, New Caledonia, Guniea, Suriname, and Fiji Islands. (7) Carriers may engage in "switched hubbing" to countries for which the Commission has not authorized the provision of switched basic services over private lines consistent with Section 63.17(b) of the rules. (8) Carriers may provide U.S. inbound or outbound switched basic service via their authorized private lines extending between or among the United States, Sweden, New Zealand, the United Kingdom, Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Austria, Switzerland, Japan, Italy, Ireland, Hong Kong, Iceland, Spain, Finland, Israel, Singapore, Netherlands Antilles, Poland, Argentina, United Arab Emirates, Macau, Hungary, Phlippines, Greece, Uruguay, Brunei, Trinidad & Tobago, Czech Republic, the Dominican Republic, Brazil, Botswana, Costa Rica, South Africa, Saint Lucia, Saint Kitts & Nevis, Saint Vincent, Antigua, Malaysia, Thailand, Belize, Panama, Guatemala, Venezuela, Bahrain, South Korea, Portugal, Cyprus, Slovak Republic, Slovenia, Dominica, Grenada, Jamaica, Kuwait, Jordan, Paraguay, Croatia, Egypt, Zambia, Ecuador, Barbados, Colombia, Chile, El Salvador, Taiwan, Nicaragua, Turkey, Peru, Morocco, Ghana, Bolivia, Guyana, Mongolia, Zimbabwe, Gambia, Nigeria, Bangladesh, Indonesia, Tunisia, Qatar, Oman, Mauritius, and New Caledonia, Guniea, Suriname, and Fiji Islands. (9) Carriers shall comply with the "No Special Concessions'' rule, Section 63.14,47 C.F.R. 0 63.14. (10) 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. 5 203, and Part 61 of the Commission's Rules, 47 C.F.R. Part 61. 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. These non-dominant carriers may continue filing new or revised international tariffs for mass market services until January 28,2002, when all tariffs, with limited exceptions, must be cancelled. Carriers may not file any new or revised contract tariffs or tariffs for other long-term international service arrangements. See 2000 Biennial Regulatory Review, Policy and Rules Concerning the International, Interexchange Marketplace, FCC 01-93, released March 20, 2001, 66 Fed. Reg. 16874 (Mar. 28,2001). (1 1) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). Carriers shall also file the quarterly reports required by Section 43.61 in the circumstances specified in paragraphs (b) and (c) of that Section. (12) Carriers shall file annual reports of circuit status andor circuit additions in accordance with the requirements set forth in Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Rcd 8605 (1995). See 47 C.F.R. $9 43.82, 63.23(e). These requirements apply to facilities-based carriers and private line resellers, respectively. See also: http:www.fcc.gov/ib/pdpf/csmanual.html (13) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. Further, the grant of these applications shall not be construed to include authorization for the transmission of money in connection with the services the applicants have been given authority to provide. The transmission of money is not considered to be a common carrier service. (14) 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. 0 203. (15) To the extent that any of the above-listed applicants intends to provide international call-back services through the

(17) Except as otherwise ordered by the Commission, a carrier authorized here to provide facilities-based service that (i) 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 service on that route unless the current rates the affiliate charges U.S. international carrier 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 thls rule, "affiliation" and "foreign carrier" are defined in Section 63.09. 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 Section 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. Exclusion List for International Section 2 14 Authorizations -- Last Modified December 22, 1999 -- The following is a list of countries and facilities not covered by grant of global Section 214 authority under Section 63.18(e)(l) of the Commission's Rules, 47 C.F.R. § 63.18(e)( 1). In addition, the facilities listed shall not be used by U.S. carriers authorized under Section 63.18 of the Commission's Rules unless the carrier's Section 2 14 authorization specifically lists the facility. 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)(4) of the Commission's Rules. See generally 47 C.F.R. 9 63.22. Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice Report No. 1-6831, dated July 27, 1993, "FCC to Accept Applications for Service to Cuba.") Facilities: All non-U.S.-licensed satellite systems that are not on the Permitted Space Station List, maintained at http://www.fcc.gov/ib/sd/se/permitted.html.See International Bureau Public Notice, DA 99-2844 (rel. Dec. 17, 1999). This list is subject to change by the Commission when the public interest requires. Before amending the list, the Commission will first issue a public notice giving affected parties the opportunity for comment and hearing on the proposed changes. The Commission may then release an order amending the exclusion list. This list also is subject to change upon issuance of an Executive Order. See Streamlining the Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-1 18, FCC 96-79, 11 FCC Rcd 12,884, released March 13, 1996 (61 Fed. Reg. 15,724, April 9, 1996). A current version of this list is maintained at http://www.fcc.gov/ib/td/pf/telecomrules.html#exclusionlist. For additional dormation, contact the International Bureau's Policy Division, (202) 418-1460.

APPENDIX A (Regarding LandSea Systems Inc.) ITC-T/C-20030828-00422

October 8,2003 Patrick W. Kelley Deputy General Counsel Federal Bureau of Investigation 935 Pennsylvania Avenue, N.W. Washington, D.C. 20535 John G. Malcolm Deputy Assistant Attorney General United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Robert P. Liscouski Assistant Secretary for Infrastructure Protection United States Department of Homeland Security Washington, DC 20528 Dear Messrs. Kelley, Malcolm, and Liscouski: This letter outlines the commitments by Thrane & Thrane A I S and LandSea Systems, Inc. (“Landsea”) (collectively referred to as “the Company”), to the Federal Bureau of Investigation (FBI), the U.S. Department of Justice (DOJ), and the U.S. Department of Homeland Security (DHS), in order to address national security, law enforcement and public safety concerns. By way of background, Thrane & Thrane AIS, as you know, is a Denmark corporation engaged in manufacturing and selling Inmarsat telecommunications equipment. Thrane & m a n e A/S is acquiring LandSea, a domestic corporation which is currently engaged in distribution and sale of such equipment. LandSea also resells Inmarsat airtime for the following four Inmarsat land earth station operators: France Telecom, Xantic, Stratos, and Telenor. LandSea is also authorized by Inmarsat and the Federal Communications Commission to serve as an Inmarsat Point of Activation for the United States. The Company hereby agrees that, for all customer billing records, subscriber information, or any other related information used, processed, or maintained in the ordinary course of business relating to the resale of Inmarsat airtime (the “Records”), the Company will store such Records exclusively in the United States. Further, the Company will store such Records for a minimum period of 18 months. Subscriber information means information of the type referred to and accessible under the procedures specified in 18 U.S.C. 5 2703(c) or (d), or 18 U.S.C. 6 2709, and

temporarily assigned network address, and means and source of payment for such services, of a subscriber or customer. The Company agrees to take all practicable measures to ensure that such Records are stored in a manner not subject to mandatory destruction under any foreign laws. In addition, the Company agrees t o t ake all practicable measures t o prevent unauthorized access t o or disclosure o f t he Records, in violation of any U.S. federal, state, or local laws or of the commitments set forth in this letter. These measures shall include written technical, organizational, and personnel policies and procedures, necessary implementation plans, and physical security measures. The Company agrees that it will not, directly or indirectly, disclose or permit disclosure of or access to the Records, or to any information pertaining to a subpoena or other lawful demand by a U.S. law enforcement agency for the Records, to any person if the purpose of such disclosure or access is to respond to the legal process or request of or on behalf of a non-U.S. government without first satisfying all pertinent requirements of U.S. law and obtaining the express written consent of the DOJ and DHS or the authorization of a court of competent jurisdiction in the U.S. The term “non-U.S. government” means any government, including an identified representative, agent, component or subdivision thereof, that is not a local, state or federal government in the U.S. Any such requests or legal process submitted by a non-U.S. government to the Company shall be referred to the DOJ and DHS as soon as possible, and in no event later than five (5) business days after such request or legal process is received by and known to the Company, unless the disclosure of the request or legal process would be in violation of U.S. law or an order of a court in the U.S. The Company also agrees that it will, within ten (10) days from the date of this letter, designate one or more points of contact within the United States with the authority and responsibility for accepting and overseeing the carrying out of compliance with subpoenas or other lawful demands by U.S. law enforcement authorities for disclosure of or access to the Records. The points of contact will be assigned to an office of the Company located in the U.S. Upon designation, the Company will notify the FBI, DOJ and DHS in writing of the points of contact, and thereafter shall promptly notify the FBI, DOJ and DHS of any change in such designation. The points of contact shall be resident U S . citizens, and the Company shall cooperate with any request by a U.S. government authority that a background check or security clearance process be completed for a designated point of contact. The Company agrees that it will notify the FBI, DOJ and DHS promptly if it seeks to commence the sale (or resale) of airtime for other Inmarsat land earth station operators beyond those four entities mentioned above. The Company will also notify the FBI, DOJ and DHS if it seeks to commence the sale (or resale) of any services not currently offered, including but not limited to, broadband data services.

objection to the FCC’s grant of the applications filed with the FCC and referred to in FCC Public Notice No. ITC-TIC-20030828-00422 E. Provided the FCC adopts the Condition to FCC Authorization, the Attorney General and the Secretary of Homeland Security shall not make any objection to the CFIUS or the President concerning Thrane & Thrane’s acquisition of LandSea or grant of the applications filed with the FCC and referred to in FCC Public Notice No. ITC-T/C-20030828-00422 E. The Company agrees that, in the event the commitments set forth in this letter are breached, or either the DOJ, FBI or DHS determines that such commitments are inadequate to address national security, law enforcement or public safety concerns and is unable to negotiate and agree upon modifications to this letter which in the sole discretion of the DOJ, FBI or DHS adequately address those concerns, in addition to any other remedy available at law or equity, the DOJ, FBI or DHS may request that the FCC modify, condition, revoke, cancel, or render null and void any relevant license, permit, or other authorization granted by the FCC to the Company or any successor-in-interest to the Company. The commitments set forth in this letter will not be binding on the parties in the event the proposed transaction between Thrane & Thrane A / S and LandSea does not close. Sincerely, Thrane & Thrane Ais Printed Name: Svend Age Lundgaard Jensen Title: Chief financial officer LandSea Systems, Inc. Date: By: Printed Name: Title: ACKNOWLEDGED BY:

Date: I ' By: Printed Name: Patrick W. Kelley Title: Deputy General Counsel United States Department of Justice Printed kame: John G. Malcolm Title: Deputy Assistant Attorney General United States Department of Homeland Security Date: By: Printed Name: Robert P. Liscouski Title: Assistant Secretary for Infrastructure Protection

17iay Toubar uye T—avp \)J)b;rfi/lfihlrflt e e en..> ce By: Printed Name: Patrick W. Kollsy Title: Deputy General Coungol United States Departrgent ofJustice Dite: By: Pripted Name: John OG. Malcolm Title; Deputy Assigtant Attorney General United States Department of Hometand Seourity 2 F6gZ A # By: Ponted Name:. Rohert P. Lisod Title: Assistant Secrotury for Infrastrusture Protegtion

EXHIBIT A CONDITION TO FCC AUTHORIZATION IT IS FURTHER ORDERED, that the authorizations and the licenses related thereto are subject to compliance with the provisions of the letter agreement attached hereto between Thrane & Thrane A/S,and LandSea Systems, Inc. on the one hand, and the FBI, DOJ and DHS, on the other, dated October 8, 2003, which is designed to address national security, law enforcement, and public safety concerns of the FBI, DOJ and DHS regarding the authority and licenses granted herein. Nothing in the letter agreement is intended to limit any obligation imposed by Federal law or regulation including, but not limited to, 47 U.S.C. 5 222(a) and (c)(l) and the FCC’s implementing regulations. # 1273628-v1

LandSea Systems, Inc. RECEIVED October 8,2003 -Satellite Communications- OCT 2 8 2003 Patrick W. Kelley Deputy General Counsel Policy DMsion InternationalBureau Federal Bureau of Investigation 935 Pennsylvania Avenue, N.W. Washington, D.C. 20535 John G. Malcolm Deputy Assistant Attorney General United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C.20530 Robert P. Liscouski Assistant Secretary for Infiastructure Protection United States Department of Homeland Security Washington, DC 20528 Dear Messrs. Kelley, Malcolm, and Liscouski: This letter outlines the commitments by Thrane & Thrane A / S and LandSea Systems, Inc. (“Landsea”) (collectively referred to as “the Company”), to the Federal Bureau of Investigation (FBI), the U.S.Department of Justice (DOJ), and the U.S. Department of Homeland Security (DHS), in order to address national security, law enforcement and public safety concerns. By way of background, Thrane & Thrane A / S , as you know, is a Denmark corporation engaged in manufacturing and selfing Inmarsat telecommunications equipment. Thrane & Thrane A/S is acquiring LandSea, a domestic corporation which is currently engaged in distribution and sale of such equipment. LandSea also r e d s Inmarsat airtime for the following four Inmarsat land earth station operators: France Telecom, Xantic, Stratos, and Telenor. LandSea is also authorized by Inmarsat and the Federal Communications Commission to serve as an Inmarsat Point of Activation for the United States. The Company hereby agrees that, for all customer billing records, subscriber information, or any nther related infnrmntinn iined nmccnned nr maintained in the ordinarv course of business

telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address, and means and source of payment for such services, of a subscriber or customer. The Company agrees to take all practicable measures to ensure that such Records are stored in a manner not subject to mandatory destruction under any foreign laws. In addition, the Company agrees to take all practicable measures to prevent unauthorized access to or disclosure of the Records, in violation of any U.S. federal, state, or local laws or of the commitments set forth in this letter. These measures shall include written technical, organizational, and personnel policies and procedures, necessary implementation plans, and physical security measures. The Company agrees that it will not, directly or indirectly, disclose or permit disclosure of or access to the Records, or to any information pertaining to a subpoena or other lawfbl demand by a U.S. law enforcement agency for the Records, to any person if the purpose of such disclosure or access is to respond to the legal process or request of or on behalf of a non-U.S. government without first satisfjring all pertinent requirements of U.S. law and obtaining the express written consent of the DOJ and DHS or the authorization of a court of competent jurisdiction in the U.S. The term “non-U. S. government” means any government, including an identified representative, agent, component or subdivision thereof, that is not a local, state or federal government in the U.S. Any such requests or legal process submitted by a non-U.S. government to the Company shall be referred to the DOJ and DHS as soon as possible, and in no event later than five (5) business days after such request or legal process is received by and known to the Company, unless the disclosure of the request or legal process would be in violation of U.S. law or an order of a court in the U.S. The Company also agrees that it will, within ten (10) days from the date of this letter, designate one or more points of contact within the United States with the authority and responsibility for accepting and overseeing the carrying out of compliance with subpoenas or other lawhl demands by U.S. law enforcement authorities for disclosure of or access to the Records. The points of contact will be assigned to an office of the Company located in the U.S. Upon designation, the Company will notify the FBI, DOJ and DHS in writing of the points of contact, and thereafter shall promptly notify the FBI, DOJ and DHS of any change in such designation. The points of contact shall be resident U.S. citizens, and the Company shall cooperate with any request by a U.S. government authority that a background check or security clearance process be completed for a designated point of contact. The Company agrees that it will notify the FBI, DOJ and DHS promptly if it seeks to commence the sale (or resale) of airtime for other Inmarsat land earth station operators beyond those four entities mentioned above. The Company will also noti@ the FBI, DOJ and DHS if it seeks to rnrntnnnPn thn caln /nr rncilP\ nf anrr C P I T ~ ~ P P Cnnt riirrentlv nffered inrliidinrr hiit nnt limited tn

Upon execution of this letter by all the parties, the DOJ, FBI and DHS shall promptly notifjr the FCC that, provided the FCC adopts a condition substantially the same as set forth in Exhibit A attached hereto (the “Condition to FCC Authorization”), the DOJ, FBI and DHS have no objection to the FCC’s grant of the applications filed with the FCC and referred to in FCC Public Notice No. ITC-T/C-20030828-00422 E. Provided the FCC adopts the Condition to FCC Authorization, the Attorney General and the Secretary of Homeland Security shall not make any objection to the CFIUS or the President concerning Thrane & Thrane’s acquisition of LandSea or grant of the applications filed with the FCC and referred to in FCC Public Notice No. ITC-T/C-20030828-00422E. The Company agrees that, in the event the commitments set forth in this letter are breached, or either the DOJ, FBI or DHS determines that such commitments are inadequate to address national security, law enforcement or public safety concerns and is unable to negotiate and agree upon modifications to this letter which in the sole discretion of the DOJ, FBI or DHS adequately address those concerns, in addition to any other remedy available at law or equity, the DOJ, FBI or DHS may request that the FCC modify, condition, revoke, cancel, or render null and void any relevant license, permit, or other authorization granted by the FCC to the Company or any successor-in-interest to the Company. The commitments set forth in this letter will not be binding on the parties in the event the proposed transaction between Thrane & Thrane A / S and LandSea does not close. Sincerely, Thrane & Thrane A/S Date: By: Printed Name: Title: LandSea Systems, Inc. Date: October 1 0 , 2 0 0 3 A C/A,meA

Federal Bureau of Investigation d Printed Name: Patrick W. Kelley Title: Deputy General Counsel United States Department of Justice By: W Printed #ame: John G. Malcolm Title: Deputy Assistant Attorney General United States Department of Homeland Security Date: By: Printed Name: Robert P. Liscouski Title: Assistant Secretary for Intiastructure Protection

Date: . By: Printed Name: Patrick W. &[ley Title: Deputy General Counsel United Wtas Departmmt of Justice Pate! Printad Nme: John G. Malcolm Titk Deputy Assistant Attoraey &nerd Un!&d States Dcpemenr of Borneland Sacurity

EXHIBIT A CONDITION TO FCC AUTHORIZATION IT IS FURTHER ORDERED, that the authorizations and the licenses related thereto are subject to compliance with the provisions of the letter agreement attached hereto between Thrane & Thrane N S , and LandSea Systems, Inc. on the one hand, and the FBI, DOJ and DHS, on the other, dated October 8, 2003, which is designed to address national security, law enforcement, and public safety concerns of the FBI, DOJ and DHS regarding the authority and licenses granted herein. Nothing in the letter agreement is intended to limit any obligation imposed by Federal law or regulation including, but not limited to, 47 U.S.C. 0 222(a) and (c)(l) and the FCC’ s implementing regulations. # 1273628-v1


Document Created: 2003-10-29 17:05:26
Document Modified: 2003-10-29 17:05:26
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