Public Notice TEL01102

International Telecommunications

Action Taken Public Notice

2007-01-04

FCC.report > IB > Public Notices > TEL01102

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IBFS_PN_541834

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 07-9 Report No. TEL-01102 Thursday January 4, 2007 INTERNATIONAL AUTHORIZATIONS GRANTED Section 214 Applications (47 C.F.R. § 63.18); 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. § 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 25 percent foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b)(4). 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. An updated version of Sections 63.09–.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. ISP-AMD-20061116-00016 P Trident Global Communications LLC Amendment Grant of Authority Date of Action: 01/03/2007 Trident Global Communications LLC (Trident) and PetroCom License Corporation (PetroCom) (together, the "Petitioners") amend their petition for declaratory ruling, ISP-PDR-20060919-00012, filed pursuant to Section 310(b)(4) of the Communications Act of 1934, as amended, to request that any ruling issued by the Commission in connection with the Petition also encompass PetroCom's ability to acquire and hold Advanced Wireless Services (AWS) licenses in addition to licenses in the radio services identified in the Petition as originally filed. The petition for declaratory ruling, as amended, is granted. See ISP-PDR-20060919-00012. Page 1 of 6

ISP-PDR-20060919-00012 P Trident Global Communications LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 01/03/2007 Trident Global Communications LLC (Trident) and PetroCom License Corporation (PetroCom) (the "Petitioners") request a declaratory ruling that it is in the public interest to permit indirect foreign voting interests in PetroCom in excess of the 25 percent benchmark set forth in section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"). This request, as amended in ISP-AMD-20061116-00016, is filed in connection with applications for consent to transfer control of PetroCom's common carrier radio licenses from the current shareholders of its parent company, S&P Cellular Holding Company, LLC (S&P), to Trident. PetroCom has filed transfer of control applications for its Cellular Radiotelephone, 800 MHz Specialized Mobile Radio (SMR), Advanced Wireless Service (AWS) licenses (ULS 0002734993); Domestic Fixed Satellite transmit/receive earth station licenses (IBFS File No. SES-T/C-20060920-01757); and Very Small Aperture Terminal (VSAT) licenses (IBFS File No. SES-T/C-20060920-01758). Trident has entered into an agreement whereby it will acquire all of the issued and outstanding stock of S&P. At the same time, all of PetroCom's issued and outstanding stock will be acquired by its affiliate, PetroCom, LLC. Upon consummation, PetroCom will be indirectly wholly owned by Trident through Trident's 100% direct and indirect ownership of S&P and PetroCom, LLC, respectively, each of which is a U.S.-organized company. Trident is 91% majority-owned and controlled by H.I.G. Communications, L.L.C., a privately-held U.S. investment company. H.I.G. Communications, L.L.C. is wholly owned by H.I.G. Bayside Opportunity Fund, L.P. (Bayside Opportunity), a U.S. limited partnership. Bayside Opportunity is controlled by its sole general partner, H.I.G. Bayside Advisors, LLC (Bayside Advisors), which also holds a 0.28% equity interest in Bayside Opportunity. Bayside Advisors is a U.S. limited liability company that is controlled by a managing member, H.I.G.-GPII, Inc. (HIG-GPII), a Delaware corporation that is owned and controlled by two U.S. citizens: Anthony Tamer (50%) and Sami Mnaymneh (50%). HIG-GPII has no equity interest in Bayside Advisors. There are four non-managing members that hold the equity interest, but no voting interest, in Bayside Advisors. One of these non-managing members is Kactus Investment Corporation, a privately-held Cayman Islands corporation that holds a 40% equity interest in Bayside Advisors. According to the Petitioners, Kactus has its principal place of business in the United States and is wholly owned by the Tamer Family Trust, a U.S.-based trust that is controlled by a U.S. citizen, Anthony Tamer, its sole trustee. Petitioners state that the trustee's management of the Tamer Family Trust and its investments is irrevocable and that the trust has one beneficiary, a citizen of Lebanon who holds no voting interest but merely receives profit from the trust. Applying the Commission's foreign ownership case precedent, Petitioners calculate that Kactus would have, post-transasction, a 0.1019% indirect equity interest in PetroCom. Kactus may also be considered to have a 40% indirect voting interest in PetroCom as a result of its 40% ownership interest in Bayside Advisors, the controlling general partner of Bayside Opportunity, which holds indirectly 91% of the equity and voting interests in Trident. Pursuant to Section 310(b)(4) of the Act and the rules and policies established by the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that it would not serve the public interest to prohibit Kactus from holding a 40% indirect voting interest in PetroCom. Specifically, this ruling permits Kactus to hold up to and including a 40% indirect voting interest in PetroCom. PetroCom may accept up to and including an additional aggregate 25% indirect equity and/or voting interest from any of the foreign investors named in the petition (with the exception of Kactus as to voting interests) as well as any other foreign investors without seeking prior Commission approval subject to the following conditions: (1) any additional foreign equity or voting interests shall not cause the amount attributable to a single individual or entity from a World Trade Organization (WTO) Member country, or cumulatively to individuals or entities from non-WTO Member countries, to exceed 25% of PetroCom's total equity or voting interests; and (2) in accordance with Section 310(d) of the Act, any additional foreign investment shall not result in a transfer of control of PetroCom. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-214-20061129-00560 E Core180, 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: 12/29/2006 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. Page 2 of 6

ITC-214-20061214-00563 E JC Telecommunications Co., 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: 12/29/2006 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-T/C-20060920-00436 E PetroCom License Corporation Transfer of Control Grant of Authority Date of Action: 01/03/2007 Current Licensee: Petrocom License Corporation FROM: S&P Cellular Holding Company, LLC TO: Trident Global Communications LLC Application for consent to transfer control of international Section 214 authorization, ITC-214-19980226-00151, held by PetroCom License Corporation (PetroCom) from the shareholders of S&P Cellular Holding Company, LLC (S&P) to Trident Global Communications LLC (Trident). Trident has entered into an agreement with the current shareholders of S&P whereby Trident will acquire all of the issued and outstanding stock of S&P. At the same time, all of PetroCom's issued and outstanding stock will be acquired by its affiliate, PetroCom, LLC. Upon consummation, PetroCom will be indirectly wholly owned by Trident through Trident's 100% direct and indirect ownership of S&P and PetroCom, LLC, respectively. Trident is 91% majority-owned and controlled by H.I.G. Communications, L.L.C., which, in turn, is wholly owned by H.I.G. Bayside Opportunity Fund, L.P. (Bayside Opportunity). Bayside Opportunity is controlled by its sole general partner, H.I.G. Bayside Advisors, LLC (Bayside Advisors), which also holds a 0.28% equity interest in Bayside Opportunity. Bayside Advisors is controlled by a managing member, H.I.G.-GPII, Inc. (HIG-GPII), which is owned and controlled by two U.S. citizens: Anthony Tamer (50%) and Sami Mnaymneh (50%). HIG-GPII has no equity interest in Bayside Advisors. There are four non-managing members that hold the equity interest, but no voting interest, in Bayside Advisors. One of these non-managing members is Kactus Investment Corporation, a privately-held Cayman Islands corporation that holds a 40% equity interest in Bayside Advisors. According to the Petitioners, Kactus is wholly owned by the Tamer Family Trust, a U.S.-based trust that is controlled by a U.S. citizen, Anthony Tamer, its sole trustee. Petitioners state that the trustee's management of the Tamer Family Trust and its investments is irrevocable and that the trust has one beneficiary, a citizen of Lebanon who holds no voting interest but merely receives profit from the trust. According to the Application, there are no other individuals or entities that would hold a 10% or greater direct or indirect equity or voting interest in PetroCom. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20061206-00546 E Yak Communications (America) Inc. Transfer of Control Grant of Authority Date of Action: 12/29/2006 Current Licensee: Yak Communications (America) Inc. FROM: Yaktastic Inc. TO: Blackbird Corporation Application for consent to transfer control of international section 214 authorization, ITC-214-20010508-00303, held by Yak Communications (America) Inc. (Yak America), from its 100% parent Yaktastic Inc. (Yaktastic), to Blackbird Corporation (Blackbird), a Florida corporation. Pursuant to a Stock Purchase Agreement dated December 4, 2006, Blackbird will purchase from Yaktastic all of the issued and outstanding shares of capital stock of Yak America for cash. Yak America will then become a direct, wholly-owned subsidiary of Blackbird. Blackbird is wholly-owned by Jose Cadi, a U.S. citizen. This authorization is without prejudice to the Commission's action on any other related pending application(s). Page 3 of 6

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 214 Authorizations, which identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is 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 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://www.fcc.gov/ib/td/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. 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 of the Commission's Rules, 47 C.F.R. §§ 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 31 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. § 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. §§ 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/1999/da990809.txt. See generally 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), paras. 12-15, 102-109. (6) The Commission has authorized the provision of switched basic services via facilities-based or resold private lines between the United States and the following foreign points: Sweden, Canada, 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, Philippines, 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, Page Bolivia, 4 of 6Guyana, Mongolia, Zimbabwe, Gambia, Nigeria,

Salvador, Taiwan, Nicaragua, Turkey, Peru, Morocco, Ghana, Bolivia, Guyana, 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, Philippines, 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. § 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. § 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). (11) 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 and/or 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. §§ 43.82, 63.23(e). These requirements apply to facilities-based carriers and private line resellers, respectively. See also: http:www.fcc.gov/ib/pd/pf/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. § 203. (15) 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. See Regulatory Treatment of LEC Provision of Interexchange Services Originating in the LEC's Local Exchange Area and Policy and Rules Concerning the Interstate, Interexchange Marketplace, Second Report and Order in CC Docket No. 96-149 and Third Report and Order in CC Docket No. 96-61, 12 FCC Rcd 15756, recon., 12 FCC Rcd 8730 (1997), Order, 13 FCC Rcd 6427 (Com. Car. Bur. 1998), further recon., FCC 99-103 (rel. June 30, 1999). (16) 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 Page 5 of 6

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 this 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. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Exclusion List for International Section 214 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)(1) 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 214 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. § 63.22. Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice Report No. I-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. 95-118, 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/pd/pf/telecomrules.html#exclusionlist. For additional information, contact the International Bureau's Policy Division, (202) 418-1460. Page 6 of 6


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