Public Notice TEL01208

International Telecommunications

Action Taken Public Notice

2007-11-23

FCC.report > IB > Public Notices > TEL01208

7 Filings Included [expand]

ITC-214-20071029-00439

International Telecommunications
ITC-214-20071026-00438

International Telecommunications
ITC-214-20071024-00434

International Telecommunications
ITC-T/C-20070928-00395

International Telecommunications
ITC-T/C-20070928-00396

International Telecommunications
ITC-T/C-20070918-00383

International Telecommunications
ITC-T/C-20070910-00370

International Telecommunications

IBFS_PN_606348

ITC-214-20071029-00439 E LaGrant Connections, LLC
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 11/16/2007

Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2).

ITC-T/C-20070910-00370 E Bestel (USA) Inc.
Transfer of Control
Grant of Authority Date of Action: 11/20/2007

Current Licensee: Bestel (USA) Inc.
FROM: Bestel, S.A. de C.V.
TO: Cablestar S.A. de C.V.
Application for consent to transfer control of international section 214 authorization, ITC-214-19970804-00457, held by Bestel (USA) Inc.
(Bestel USA) from its 100% parent Bestel, S.A. de C.V. (Bestel) to Cablestar S.A. de C.V. (Cablestar). Pursuant to a Purchase Agreement dated
August 30, 2007, Cablestar will acquire 100% of Bestel's operating assets, including its concessions to provide telecommunications services in
Mexico and all of Bestel's Mexican operating subsidiaries. Through a series of transactions, Bestel (USA) will become a wholly-owned direct
subsidiary of Cablestar.

The following entities and individuals, all Mexican citizens, will hold 10 percent or greater direct or indirect interest in Cablestar: Direct
ownership: Milar, S.A. de C.V. (Milar) (69.2%); Television Internacional S.A. de C.V. (TVI) (15.4%); and, Cablemas, S.A. de C.V. (Cablemas)
(15.4%). Indirect ownership through Milar: Empresas Cablevision, S.A.B. de C.V., Grupo Televisa S.A.B. (Grupo Televisa), Emilio Fernando
Azcarraga Jean and his family (Alvarez family). Indirect ownership through TVI: Francisco A. Gonzalez Sanchez, Cable TV Internacional, S.A.
de C.V. (CTVI), and Grupo Televisa. Indirect ownership through Cablemas: the Alverez family. No other individual or entity holds 10% or
greater direct or indirect equity or voting interest in Cablestar.

We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on November 16, 2007 by the
Department of Justice, including the Federal Bureau of Investigation, and the Department of Homeland Security. Accordingly, we condition grant
of this application on Cablestar S.A. de C.V. and Bestel (USA) Inc. abiding by the commitments and undertakings contained in the November 9,
2007 letter to Kenneth L. Wainstein, Stewart A. Baker, and Elaine N. Lammert (November 9 2007 Letter). A copy of the Petition and the
November 9 2007 Letter are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by
searching for ITC-T/C-20070910-00370 and accessing "Other filings related to this application" from the Document Viewing area.

Grant of this application is without prejudice to the Commission's action in any other related pending proceedings.

ITC-T/C-20070918-00383 E Integra Telecom Holdings, Inc.
Transfer of Control
Grant of Authority Date of Action: 11/16/2007

Current Licensee: Integra Telecom Holdings, Inc.
FROM: Integra Telecom Inc.
TO: Warburg Pincus Private Equity IX, L.P.
Application for consent to transfer control of international section 214 authorization, ITC-214-19970820-00500, held by Integra Telecom
Holdings Inc. (Integra Holdings) from Integra Telecom Inc. (Integra Telecom) to Warburg Pincus & Co. (WP). Pursuant to an Agreement and
Plan of Merger dated August 13, 2007, Integra Recap Co. (Integra Recap) will merge with and into Integra Telecom with Integra Telecom
emerging as the surviving entity. Currently, Integra Recap is wholly owned by Warburg Pincus Private Equity IX, L.P. (WP IX), a wholly-owned
indirect subsidiary of WP. Under a separate Stock Purchase Agreement (SPA), also dated August 13, 2007, certain current stockholders in Integra
Telecom will, through sale to Integra Telecom, either relinquish or reduce their existing equity interests in the company, and Integra Telecom will
then effectuate a sale of such interests to WP Fund, consisting of WP IX and Warburg Pincus Private Equity X, L.P. (WP X), also an indirect
subsidiary of WP. Either WP IX or WP X will hold the shares to be acquired in Integra Telecom. In the event that WP X is the shareholder, WP
IX will assign its ownership of Integra Recap to WP X prior to closing. Integra Holdings will remain a 100% direct subsidiary of Integra
Telecom.

Based upon anticipated shareholder elections at closing of the SPA, WP IX or WP X will hold 45-47% equity and voting interest in Integra
Telecom. The other major shareholders will be current owners Boston Ventures Limited Partnership V (Boston Ventures) (35%) and Banc of
America Capital Investors V, L.P. (BACI) (8%). Charles R. Kaye and Joseph P. Landy are the Managing General Partners & Co-Presidents of
WP. Boston Ventures Company V, L.L.C. (BV LLC) is sole general partner of Boston Ventures. BV LLC is controlled by 4 managing directors,
two of whom, Anthony J. Bolland and James M. Wilson, are citizens of the United Kingdom. BV LLC holds a limited partnership interest in
Boston Ventures of less than 10%. Other limited partners of Boston Ventures include the New York State Common Retirement Fund (11.1%)
and BV V Group Trust (12.5%) (the California Teachers Retirement System holds greater than 50% ownership interest in BV V). No other
individual or entity will hold 10% or greater direct or indirect equity or voting interest in Integra Holdings. This authorization is without
prejudice to the Commission's action in any other related pending proceedings.

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ITC-T/C-20070928-00395 E Eschelon Telecom, Inc.
Transfer of Control
Grant of Authority Date of Action: 11/16/2007

Current Licensee: Eschelon Telecom, Inc.
FROM: Integra Telecom Inc.
TO: Warburg Pincus Private Equity IX, L.P.
Application for consent to transfer control of international section 214 authorization, ITC-214-19990729-00490, held by Eschelon Telecom Inc.
(Eschelon) from Integra Telecom Inc. (Integra Telecom) to Warburg Pincus & Co. (WP). Pursuant to an Agreement and Plan of Merger dated
August 13, 2007, Integra Recap Co. (Integra Recap) will merge with and into Integra Telecom with Integra Telecom emerging as the surviving
entity. Currently, Integra Recap is wholly owned by Warburg Pincus Private Equity IX, L.P. (WP IX), a wholly-owned indirect subsidiary of WP.
Under a separate Stock Purchase Agreement (SPA), also dated August 13, 2007, certain current stockholders in Integra Telecom will, through sale
to Integra Telecom, either relinquish or reduce their existing equity interests in the company, and Integra Telecom will then effectuate a sale of
such interests to WP Fund, consisting of WP IX and Warburg Pincus Private Equity X, L.P. (WP X), also an indirect subsidiary of WP. Either
WP IX or WP X will hold the shares to be acquired in Integra Telecom. In the event that WP X is the shareholder, WP IX will assign its
ownership of Integra Recap to WP X prior to closing. Eschelon will remain a wholly-owned, indirect subsidiary of Integra Telecom.

Based upon anticipated shareholder elections at closing of the SPA, WP IX or WP X will hold 45-47% equity and voting interest in Integra
Telecom. The other major shareholders will be current owners Boston Ventures Limited Partnership V (Boston Ventures) (35%) and Banc of
America Capital Investors V, L.P. (BACI) (8%). Charles R. Kaye and Joseph P. Landy are the Managing General Partners & Co-Presidents of
WP. Boston Ventures Company V, L.L.C. (BV LLC) is sole general partner of Boston Ventures. BV LLC is controlled by 4 managing directors,
two of whom, Anthony J. Bolland and James M. Wilson, are citizens of the United Kingdom. BV LLC holds a limited partnership interest in
Boston Ventures of less than 10%. Other limited partners of Boston Ventures include the New York State Common Retirement Fund (11.1%)
and BV V Group Trust (12.5%) (the California Teachers Retirement System holds greater than 50% ownership interest in BV V). No other
individual or entity will hold 10% or greater direct or indirect equity or voting interest in Echelon. This authorization is without prejudice to the
Commission's action in any other related pending proceedings.

ITC-T/C-20070928-00396 E Electric Lightwave, Inc.
Transfer of Control
Grant of Authority Date of Action: 11/16/2007

Current Licensee: Electric Lightwave, Inc.
FROM: Integra Telecom Inc.
TO: Warburg Pincus Private Equity IX, L.P.
Application for consent to transfer control of international section 214 authorizations, ITC-214-19940415-00137 and ITC-214-19980619-00425,
held by Electric Lightwave, Inc (ELI) from Integra Telecom Inc. (Integra Telecom) to Warburg Pincus & Co. (WP). Pursuant to an Agreement
and Plan of Merger dated August 13, 2007, Integra Recap Co. (Integra Recap) will merge with and into Integra Telecom with Integra Telecom
emerging as the surviving entity. Currently, Integra Recap is wholly owned by Warburg Pincus Private Equity IX, L.P. (WP IX), a wholly-owned
indirect subsidiary of WP. Under a separate Stock Purchase Agreement (SPA), also dated August 13, 2007, certain current stockholders in Integra
Telecom will, through sale to Integra Telecom, either relinquish or reduce their existing equity interests in the company, and Integra Telecom will
then effectuate a sale of such interests to WP Fund, consisting of WP IX and Warburg Pincus Private Equity X, L.P. (WP X), also an indirect
subsidiary of WP. Either WP IX or WP X will hold the shares to be acquired in Integra Telecom. In the event that WP X is the shareholder, WP
IX will assign its ownership of Integra Recap to WP X prior to closing. ELI will remain a wholly-owned, indirect subsidiary of Integra Telecom.

Based upon anticipated shareholder elections at closing of the SPA, WP IX or WP X will hold 45-47% equity and voting interest in Integra
Telecom. The other major shareholders will be current owners Boston Ventures Limited Partnership V (Boston Ventures) (35%) and Banc of
America Capital Investors V, L.P. (BACI) (8%). Charles R. Kaye and Joseph P. Landy are the Managing General Partners & Co-Presidents of
WP. Boston Ventures Company V, L.L.C. (BV LLC) is sole general partner of Boston Ventures. BV LLC is controlled by 4 managing directors,
two of whom, Anthony J. Bolland and James M. Wilson, are citizens of the United Kingdom. BV LLC holds a limited partnership interest in
Boston Ventures of less than 10%. Other limited partners of Boston Ventures include the New York State Common Retirement Fund (11.1%)
and BV V Group Trust (12.5%) (the California Teachers Retirement System holds greater than 50% ownership interest in BV V). No other
individual or entity will hold 10% or greater direct or indirect equity or voting interest in ELI. This authorization is without prejudice to the
Commission's action in any other related pending proceedings.

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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.

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Document Created: 2007-11-21 14:42:02
Document Modified: 2007-11-21 14:42:02

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