Public Notice TEL01189

International Telecommunications

Action Taken Public Notice

2007-09-20

FCC.report > IB > Public Notices > TEL01189
IBFS_PN_593239

                         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.                                    07-3977
 Report No. TEL-01189                                                                                   Thursday September 20, 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.

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)).

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.

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-214-20070823-00345               E                   Phone.com, 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:            09/14/2007

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-214-20070823-00346               E                  OnStar Corporation
International Telecommunications Certificate
Service(s):          Global or Limited Global Resale Service
Grant of Authority                                                                                                    Date of Action:      09/14/2007

Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules.




                                                                   Page 1 of 5


ITC-214-20070829-00351               E                   Alliance Technologies 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:            09/14/2007

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-20070720-00283                 E                   ARINC Incorporated
Transfer of Control
Grant of Authority                                                                                                    Date of Action:      09/14/2007

Current Licensee: ARINC Incorporated
FROM: ARINC Incorporated
TO:        Carlyle Partners IV Telecommunications, L.P.
Application for consent to transfer control of international section 214 authorization, ITC-214-19991105-00700, held by ARINC Incorporated
(ARINC), from current shareholders, to Radio Acquisition Corp. (RAC), a wholly-owned subsidiary of Carlyle Partners IV Telecommunications,
L.P. (Carlyle Partners IV). Pursuant to a Stock Purchase Agreement dated July 3, 2007, RAC will purchase all of the issued and outstanding
capital stock of ARINC from its current shareholders. RAC will then merge with and into ARINC with ARINC being the surviving entity.

Carlyle Partners IV will hold approximately 96% of ARINC of which 35.8% in the aggregate will be indirect passive investments by non-US
limited partners of Carlyle Partners IV. The sole general partner of Carlyle Partners IV is TC Group IV, L.P. The sole general partner of TC
Group IV, L.P. is TC Group IV, L.L.C. (TC Group IV). The sole member of TC Group IV is TC Group, L.L.C. d/b/a The Carlyle Group. The
sole managing member of TC Group, L.L.C. is TCG Holdings, L.L.C (TCG Holdings). The managing members of TCG Holdings are three
individuals, all U.S. citizens: Daniel A. D'Aniello, William E. Conway, Jr., and David M. Rubenstein. This authorization is without prejudice to
the Commission's action in any other related pending proceedings.

ITC-T/C-20070816-00327                 E                   Independent Telecommunications Systems, Inc.
Transfer of Control
Grant of Authority                                                                                                    Date of Action:      09/14/2007

Current Licensee:  Independent Telecommunications Systems, Inc.
FROM: Independent Telecommunications Systems, Inc.
TO:        Capital Growth Systems, Inc.
Application for consent to transfer control of international section 214 authorization, ITC-214-20030327-00176, held by Independent
Telecommunications Systems, Inc. (ITS) to Capital Growth Systems, Inc. (CGSY). Pursuant to a Letter of Intent, ITS Merger Sub, Inc., a
wholly-owned subsidiary of CGSY, will be merged with and into ITS, with ITS emerging as the surviving corporation. ITS will become a
wholly-owned subsidiary of CGSY. CGSY is a publicly traded company in which no individual or entity has a ten percent or greater direct or
indirect equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings.

ITC-T/C-20070911-00373                 E                   PAETEC Corp.
Transfer of Control
Grant of Authority                                                                                                    Date of Action:      09/19/2007

Current Licensee: PAETEC Corp.
FROM: PAETEC Corp.
TO:       PAETEC Holding Corp.
Notification filed September 11, 2007, of the pro forma transfer of control of international section 214 authorization, ITC-214-19980925-00658,
held by PAETEC Corp. to PAETEC Holding Corp. (PAETEC Holding) effective February 28, 2007. Pursuant to an internal reorganization,
PAETEC Corp. merged with and into a newly formed direct subsidiary of a new holding company PAETEC Holding, with PAETEC Corp. being
the surviving entity. Thus, PAETEC Holding acquired control of PAETEC Corp.'s 214 authorization.




                                                                   Page 2 of 5


ITC-T/C-20070911-00374                E                  US LEC Corporation
Transfer of Control
Grant of Authority                                                                                                Date of Action:     09/19/2007

Current Licensee:  US LEC Corp.
FROM: US LEC Corp.
TO:       PAETEC Holding Corp.
Notification filed September 11, 2007, of the pro forma transfer of control of international section 214 authorization, ITC-214-19990303-00104,
held by US LEC Corp., from PAETEC Corp. to PAETEC Holding Corp. (PAETEC Holding) effective February 28, 2007. Pursuant to an internal
reorganization, US LEC Corp. merged with and into a newly formed direct subsidiary of a new holding company PAETEC Holding, with US
LEC Corp. being the surviving entity. Thus, PAETEC Holding acquired control of US LEC Corp.'s 214 authorization.

ITC-T/C-20070911-00375                E                  US LEC OF NORTH CAROLINA INC
Transfer of Control
Grant of Authority                                                                                                Date of Action:     09/19/2007

Current Licensee:  US LEC of North Carolina Inc.
FROM: US LEC Corp.
TO:       PAETEC Holding Corp.
Notification filed September 11, 2007, of the pro forma transfer of control of international section 214 authorization, ITC-214-19970220-00101,
held by US LEC of North Carolina, Inc. (US LEC of NC), from US LEC Corp. to PAETEC Holding Corp. (PAETEC Holding) effective February
28, 2007. Pursuant to an internal reorganization, US LEC Corp. merged with and into a newly formed direct subsidiary of a new holding
company PAETEC Holding, with US LEC Corp. being the surviving entity. Thus, control of US LEC of NC's 214 authorization was transferred
to PAETEC Holding.

ITC-T/C-20070911-00376                E                  US LEC of Georgia Inc
Transfer of Control
Grant of Authority                                                                                                Date of Action:     09/19/2007

Current Licensee:  US LEC of Georgia Inc
FROM: US LEC Corp.
TO:        PAETEC Holding Corp.
Notification filed September 11, 2007, of the pro forma transfer of control of international section 214 authorization, ITC-214-19970929-00589,
held by US LEC of Georgia, Tennessee, Virginia, Florida, S. Carolina, from US LEC Corp. to PAETEC Holding Corp. (PAETEC Holding)
effective February 28, 2007. Pursuant to an internal reorganization, US LEC Corp. merged with and into a newly formed direct subsidiary of a
new holding company PAETEC Holding, with US LEC Corp. being the surviving entity. Thus, control of 214 authorization of US LEC Corp.'s
subsidiaries was transferred to PAETEC Holding.


Dismissal
ITC-214-20070501-00169                                VoIPInvite LLC
On August 7, 2007, Applicant withdrew its application.
ITC-T/C-20051122-00487                                 Quisqueyana, Inc.
On September 11, 2007, Applicant withdrew its application.




                                                                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
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 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://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. 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) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements
contained in Sections 43.51, 64.1001 and 64.1002 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001, 64.1002.
The Commission modified these requirements most recently in International Settlements Policy Reform: International
Settlement Rates, First Report and Order, FCC 04-53, 19 FCC Rcd 5709 (2004). 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 which the Commission has exempted from the
International Settlements Policy at any time during a particular reporting period are exempt from this requirement. See
47 C.F.R. § 43.51(d). The Commission's list of U.S. international routes that are exempt from the International
Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html.

(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. 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).

(6) A carrier may engage in "switched hubbing" to countries that do not appear on the Commission's list of U.S.
international routes that are exempt from the International Settlements Policy, set forth in Section 64.1002, 47 C.F.R. §
64.1002, provided the carrier complies with the requirements of Section 63.17(b) of the rules, 47 C.F.R. § 63.17(b).
The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be
viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html.

(7) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14.

(8) 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.

(9) 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
 h S i                                                  Page 4 of 5


that Section.

(10) 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. See also §§ 63.22(e), 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.

(11) 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.

(12) 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.

(13) 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.

(14) 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 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.


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)(3) 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 5 of 5



Document Created: 2007-09-19 17:01:44
Document Modified: 2007-09-19 17:01:44

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC