Public Notice TEL01212

International Telecommunications

Action Taken Public Notice

2007-12-06

FCC.report > IB > Public Notices > TEL01212

10 Filings Included [expand]

IBFS_PN_608885

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. 07-4897 Report No. TEL-01212 Thursday December 6, 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-214-20071113-00465 E Surfcreek Communications, 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: 11/30/2007 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20071113-00466 E Buena Vista Investment Telecom, 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: 11/30/2007 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). Page 1 of 6

ITC-214-20071114-00468 E TransPac Telecom, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/30/2007 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-20071002-00407 E Yipes Enterprise Services, Inc. Transfer of Control Grant of Authority Date of Action: 12/04/2007 Current Licensee: Yipes Enterprise Services, Inc. FROM: Yipes Holdings, Inc TO: FLAG Telecom Group Services Limited Application for consent to transfer control of international section 214 authorization, ITC-214-20031104-00505, held by Yipes Enterprise Services, Inc. (Yipes), from its 100% direct parent, Yipes Holdings, Inc. (Yipes Holdings), to FLAG Telecom Group Services Limited (FLAG). Pursuant to an Agreement and Plan of Merger dated July 14, 2007, FLAG's direct wholly-owned subsidiary, Flag Telecom USA Limited (Merger Subsidiary) will merge with and into Yipes Holdings with Yipes Holdings emerging as the surviving entity. Yipes will thus be an indirect, wholly-owned subsidiary of FLAG. FLAG is a wholly-owned subsidiary of FLAG Telecom Group Limited (FTGL), both Bermuda entities. FTGL, in turn, is an indirect, wholly-owned subsidiary of Reliance Communications Limited (RCL), an Indian entity, and RCL is ultimately controlled by Mr. Anil Ambani, a citizen of India. The 10 percent or greater indirect owners of FLAG are: Lagerwood Investments Limited, a Cyprus entity (20%); Reliance Communications Shareholders Trust, a Cyprus entity (20%); Reliance Infocom BV, a Netherlands entity (78.8%); Reliance Gateway Net Limited, an Indian entity (80%); RCL (100%); AAA Communications Private Limited, an Indian entity (100%); Reliance Innoventures Private Limited, an Indian entity (100%); Anil Ambani, (100%); and Kokilaben Ambani, a citizen of India (21.29%). No other individual or entity holds 10 percent or greater direct or indirect equity or voting interests in FLAG. We grant the Petition to Adopt Conditions to Authorizations (Petition) filed in this proceeding by the Department of Homeland Security and the Department of Justice on November 30, 2007. Accordingly, we condition grant of this application on Yipes Enterprise Services, Inc., Yipes Holdings, Inc. and FLAG Telecom Group Services Limited abiding by the commitments and undertakings contained in the November 20, 2007 Agreement with the Department of Homeland Security and the Department of Justice (Agreement). A copy of the Petition and the Agreement 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-20071002-00407 and accessing "Other filings related to this application" from the Document Viewing area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20071024-00436 E Baynet, Inc. Transfer of Control Grant of Authority Date of Action: 12/04/2007 Current Licensee: Baynet, Inc. FROM: Bayland Telephone, Inc. TO: Northeast Communications of Wisconsin, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19970403-00193, held by Baynet, Inc. (Baynet), from Bayland Telephone Inc. (Bayland) to Northeast Communications of Wisconsin, Inc., d/b/a Nsight Teleservices (Nsight). Pursuant to an Agreement and Plan of Merger (Agreement) dated September 14, 2007, Bayland Acquisition, Inc. (BAI), a newly-formed Wisconsin corporation that is 100% owned by Nsight, will merge with and into Bayland with Bayland emerging as the surviving entity. Upon consummation, Nsight will hold 100% ownership interest in Bayland, and Baynet will be an indirect, wholly-owned subsidiary of Nsight. The following individuals and entity, all U.S. citizens that belong to the Riordan family, will hold 10 percent or greater equity and voting interests in Nsight: Ray J. Riordan (equity 14.25%, voting 15.51%), Patrick D. Riordan (equity 14%, voting 15.24%), Robert H. Riordan (equity 13.61%, voting 14.81%), Estate of Eileen Harper (equity 10.64%, 11.58%). Altogether, the Riordan family, including three other individual family members who together hold less than 3% ownership interest, holds a combined 59.87 percent of Nsight's voting stock and 55.01 percent of its equity. No other individual or entity will hold 10 percent or greater direct or indirect equity or voting interest in Baynet. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 6

ITC-T/C-20071029-00440 E LCN International, LLC Transfer of Control Grant of Authority Date of Action: 11/30/2007 Current Licensee: LCN International, LLC FROM: Local Communications Network, Inc. TO: Bringcom, LLC Application for consent to transfer control of international section 214 authorization, ITC-214-19980506-00298, held by LCN International, LLC (LCNI), from its 100% parent Local Communications Network, Inc. (LCN) to Bringcom, LLC (Bringcom). Pursuant to an agreement dated September 20, 2007, LCN and Bringcom will merge, with LCN becoming the surviving company ("New LCN"). LCNI will be a wholly-owned subsidiary of the New LCN. Mr. Fabrice Langreney, the sole owner of Bringcom, will have a 51% interest in the New LCN. (Mr. Langreney will have the sole and exclusive option to purchase additional authorized shares of unissued stock in the surviving company as necessary to bring his total ownership interest to sixty (60) percent.) The current shareholders of LCN will collectively have a 49% interest in the New LCN. D.P. Inc., which is wholly-owned by Karl Moller, will have a 16% interest in the New LCN. Jewel McNanley/Estate of Robert McNanley, Sr. will have an 11% interest in the New LCN, and Stanford Miller will also have an 11% interest in the New LCN. There are no other individuals or entities that will hold 10 percent or greater direct or indirect ownership interests in LCNI. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20071029-00442 E TelAlaska Long Distance, Inc. Transfer of Control Grant of Authority Date of Action: 11/30/2007 Current Licensee: TelAlaska Long Distance, Inc. FROM: TelAlaska, Incorporated TO: TelAlaska Holdings, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19960826-00405, held by TelAlaska Long Distance Inc. (TelAlaska Long Distance), from its parent TelAlaska Incorporated (TelAlaska), to TelAlaska Holdings, Inc. (TelAlaska Holdings), a wholly-owned direct subsidiary of ABAC Alaska, Inc. (ABAC Alaska). TelAlaska Holdings and ABAC Alaska, two new entities created to facilitate the instant transaction, are indirect and direct wholly-owned subsidiaries of American Broadband Communications, LLC (American Broadband). Pursuant to the terms of three stock purchase agreements entered into in July 2007, TelAlaska Holdings will purchase from TelAlaska's stockholders all of the issued and outstanding shares of TelAlaska's capital stock. American Broadband will also contribute the stock of TeleAlaska Holdings' direct parent, ABAC Alaska, to American Broadband Holding Company (ABHC), another wholly-owned subsidiary of American Broadband. Thus, upon closing, ABAC Alaska will become a wholly-owned subsidiary of ABHC, and TelAlaska and TelAlaska Long Distance will become wholly-owned direct and indirect subsidiaries of TelAlaska Holdings, respectively. Mr. Patrick L. Eudy, holds 95.12% of the outstanding membership interests of American Broadband. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20071030-00443 E RNK, Inc. Transfer of Control Grant of Authority Date of Action: 11/30/2007 Current Licensee: RNK, Inc. FROM: RNK Holding Company, Inc. TO: Wave2Wave Communications Inc. Application for consent to transfer control of international section 214 authorizations, ITC-214-20000131-00045 and ITC-214-20040930-00397, held by RNK, Inc. (RNK), from its sole shareholder RNK Holding Company to Wave2Wave Communications Inc. (Wave2Wave). Pursuant to an Amended and Restated Stock Purchase Agreement executed on October 12, 2007, Wave2Wave will purchase all of the issued and outstanding common shares of the capital stock of RNK. Upon closing RNK will become a direct wholly-owned subsidiary of Wave2Wave. Upon consummation the following individual and entity will hold 10 percent or greater ownership interest in Wave2Wave: Steve Asman, U.S. citizen and president of Wave2Wave (31.7% equity and voting interest); Mennen Trust (managed by trustees Wilmington Trust Company and Jeff Mennen; trust beneficiary John Henry Mennen), all U.S. citizens (20.38% equity and voting interest). No other individual or entity will hold direct or indirect 10 percent or greater equity or voting interests in RNK. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

ITC-T/C-20071030-00445 E Alpheus Communications, L.P. Transfer of Control Grant of Authority Date of Action: 11/30/2007 Current Licensee: Alpheus Communications, L.P. FROM: El Paso Corporation TO: Genesis Park GP Company LLC Application for consent to transfer control of international section 214 authorization, ITC-214-20070420-00148, held by Alpheus Communications, L.P. (Alpheus), from El Paso Corporation (El Paso) to Genesis Park GP Company LLC (Genesis Park). Currently, El Paso and Genesis Park jointly control Zipline, LLC (Zipline), the general partner of Alpheus. Pursuant to an agreement entered into by El Paso and Zipline, Zipline will distribute to El Paso its 50% interest in the common units in Alpheus owned by Zipline, and then Alpheus will redeem El Paso's common units in Alpheus. As a result, Genesis Park, as Zipline's only remaining equity holder, will become Zipline's sole owner. Zipline's Board of Directors will be reduced from five to three members, of which Genesis Park will appoint two members, and El Paso will appoint the remaining member. In addition, El Paso will reduce its indirect limited partnership interest in Alpheus from 54.74% to 35%. Upon consummation, Zipline, which will be wholly-owned by Genesis Park, will continue to be the general partner of Alpheus with a 0.52% interest. Genesis Park will have an approximately 46% indirect limited partner interest in Aplpheus through its subsidiaries Genesis Park Telecom Partners, L.P. (39.2% direct interest) and Genesis Park LP (7.5% direct interest). Genesis Park is a Texas private equity firm jointly owned by five individuals, all U.S. citizens. El Paso, a widely-held public corporation with no individual or entity holding 10% or greater interest, will have a 35% indirect limited partner interest in Alpheus through its wholly-owned subsidiaries El Paso Telecom L.L.C. and El Paso Global Networks Company. The remaining equity in Alpheus will be held by individual members of Alpheus's Management and Zipline's Board, none of whom will hold 10% or greater ownership interests. This authorization is without prejudice to the Commission's action in any other related pending proceedings. INFORMATIVE ITC-214-20070126-00040 CCG Communications LLC By letter filed December 3, 2007, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective immediately. Page 4 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 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 5 of 6

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 6 of 6


Document Created: 2007-12-05 17:17:44
Document Modified: 2007-12-05 17:17:44
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC