Public Notice TEL01289S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2008-07-18

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IBFS_PN_654242

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 Report No. TEL-01289S Friday July 18, 2008 STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICATIONS (47 C.F.R. § 63.18); SECTION 310(B)(4) REQUESTS Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in Section 63.12 of the Commission's rules, 47 C.F.R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. Communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (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). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 2

ITC-214-20080709-00314 E Telefonica International Wholesale Services USA, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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). Applicant agrees to be classified as dominant on the U.S.-Argentina, U.S.-Chile, U.S.-Columbia, U.S.-Czech Republic and U.S.-Peru routes pursuant to section 63.10 of the Commission's rules, 47 C.F.R. § 63.10. ITC-214-20080710-00317 E Breda Telephone Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-214-20080715-00318 E Rockwell Cooperative Telephone Association International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-214-20080716-00319 E Ogden Telephone Company International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-ASG-20080609-00259 E ION HoldCo, LLC Assignment Current Licensee: Empire State Independent Network FROM: Empire State Independent Network TO: ION HoldCo, LLC Application for consent to assign international section 214 authorization, ITC-214-20070426-00164, held by Empire State Independent Network (Empire), d/b/a Independent Optical Network to ION HoldCo, LLC (ION). On December 14, 2007, Empire filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code in the United States Bankruptcy Court for the Northern District of New York (the Bankruptcy Court). On May 29, 2008, Empire and ION, entered into an Asset Purchase Agreement, pursuant to the terms of which ION, which was formed as part of the restructuring efforts by various intervening affiliates that hold ownership interests in Empire, agreed to purchase from Empire substantially all of its assets, including its international section 214 authorization. On July 8, 2008, the Bankruptcy Court issued an order approving the sale of assets of Empire to ION, subject to section 214 approval by the Commission. In re Empire State Independent LLC d/b/a Independent Optical Network, No. 07-13445 (Bankr. N.D. NY July 8, 2008). Sovernet Holding Corporation has a 75% ownership interest in ION and RLEC Holding Company LLC a 25% interest. Atlantic Tele-Network, Inc. (ATN) holds 96% ownership interest in Sovernet. Cornelius B. Prior, Jr. holds 37% interest in ATN. No other individual or entity directly or indirectly holds a 10 percent or greater equity or voting interest in ION. INFORMATIVE ITC-214-20080624-00289 DGCOM LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001-.2003. A current version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. Page 2 of 2


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Document Modified: 2008-07-17 18:23:32
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