Public Notice TEL01256

International Telecommunications

Action Taken Public Notice

2008-04-17

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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. 08-893 Report No. TEL-01256 Thursday April 17, 2008 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-214-20080326-00154 E NexGen Networks Corporation International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 04/11/2008 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 5

ITC-ASG-20080327-00158 E Tricom USA, Inc., Debtor-in-Possession Assignment Grant of Authority Date of Action: 04/16/2008 Current Licensee: Tricom USA, Inc. FROM: Tricom USA, Inc. TO: Tricom USA, Inc., Debtor-in-Possession Notification filed March 27, 2008 of the involuntary pro forma assignment of international section 214 authorizations, ITC-214-19930101-00257 (Old File No. ITC-93-246), ITC-214-19960925-00468 (Old File No. ITC-96-532), ITC-214-19970421-00220 (Old File No. ITC-97-221), ITC-214-19980430-00286 (Old File No. ITC-98-342), ITC-214-19990325-00153, and ITC-MOD-19970618-00335 (Old File No. ITC-96-532-M), held by Tricom USA, Inc. (Tricom USA) to Tricom USA, Inc. Debtor-in-Possession (DIP), effective February 29, 2008. Tricom, S.A. and its wholly-owned subsidiary Tricom USA filed for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code with the U.S. Bankruptcy Court for the Southern District of New York on February 29, 2008. Consequently, each assumed Debtor-in-Possession status without any change in ultimate control status of the authorizations listed above. ITC-T/C-20080111-00011 E USCarrier Telecom LLC Transfer of Control Grant of Authority Date of Action: 04/16/2008 Current Licensee: USCarrier Telecom LLC FROM: USCarrier Telecom Holdings, LLC TO: American Fiber Systems, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19980224-00140 (Old File No. ITC-98-170), held by USCarrier Telecom, LLC (USC), from USCarrier Telecom Holdings, LLC (USCTH) to American Fiber Systems, Inc. (AFS), a wholly-owned subsidiary of American Fiber Systems Holding Corporation (AFS Holding). Pursuant to a stock purchase agreement, AFS will acquire 55% of the outstanding shares of USCTH. Upon closing, AFS will acquire direct majority control of USCTH and thus indirect control of USC. AFS will not hold day-to-day control of USCTH or indirect control of USC, because of governance and voting agreements contained within the governing documents of USCTH. However, certain major decisions that require supermajority approval of the members will be subject to AFS approval among other things. The following entities hold 10 percent or greater equity and voting interests in AFS Holding: Sierra Ventures (41%); North Atlantic Venture Fund III (NAVF) (13%); and, Lucent Venture Partners II, LLC (12%). Lucent Venture Partners, Inc. is ultimately 100% owned by Alcatel, a publicly held French company. NAVF is 65% owned by the US Small Business Administration. No other individual or entity holds 10 percent or greater, direct or indirect, equity or voting interest in AFS Holding. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20080305-00133 E Lakedale Link, Inc. Transfer of Control Grant of Authority Date of Action: 04/11/2008 Current Licensee: Lakedale Link, Inc. FROM: Bishop Communications Corporation TO: Iowa Telecommunications Services, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19960725-00339 (Old File No. ITC-96-416), held by Lakedale Link, Inc. (Lakedale), from its 100% direct parent Bishop Communications Corporation (BCC), to Iowa Telecommunications Services, Inc. (Iowa Telecom). Pursuant to a Stock Purchase Agreement dated February 5, 2008, Iowa Telecom will acquire all of the outstanding shares of BCC. IWA holdings, LLC, a pre-existing wholly-owned direct subsidiary of Iowa Telecom, will hold the shares of BBC, and thus Lakedale will be an indirect, wholly-owned subsidiary of Iowa Telecom. Iowa Telecom is a publicly traded corporation in which no individual or entity holds a 10 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. Page 2 of 5

ITC-T/C-20080305-00134 E EN-TEL Communications, LLC Transfer of Control Grant of Authority Date of Action: 04/11/2008 Current Licensee: EN-TEL Communications, LLC FROM: Bishop Communications Corporation TO: Iowa Telecommunications Services, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-20010501-00265, held by En-Tel Communications, LLC (En-Tel), from its indirect majority parent Bishop Communications Corporation (BCC) to Iowa Telecommunications Services, Inc. (Iowa Telecom). Lakedale Communications, LLC, a direct subsidiary of BCC, owns two-thirds of En-Tel. Pursuant to a Stock Purchase Agreement dated February 5, 2008, Iowa Telecom will acquire all of the outstanding shares of BCC. IWA holdings, LLC, a pre-existing wholly-owned direct subsidiary of Iowa Telecom, will hold the shares of BBC, and thus En-Tel will be indirectly majority-owned by Iowa Telecom. Iowa Telecom is a publicly traded corporation in which no individual or entity holds a 10 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-20080411-00174 E Maskina Communications, Inc. Transfer of Control Grant of Authority Date of Action: 04/16/2008 Current Licensee: Maskina Communications, Inc. FROM: Vyke AS TO: Vyke Communications PLC Notification filed April 11, 2008 of the pro forma transfer of control of international section 214 authorization, ITC-214-20021031-00534, held by Maskina Communications, Inc. (Maskina) from its 100% direct parent Vyke AS, to Vyke Communications PLC (Vyke), effective January 1, 2006. Vyke is the 100% direct parent of Vyke AS. Pursuant to an internal reorganization, Vyke now holds 100% direct controlling interest in Maskina. 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: 2008-04-17 09:23:33
Document Modified: 2008-04-17 09:23:33
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