Public Notice TEL01329

International Telecommunications

Action Taken Public Notice

2008-11-26

FCC.report > IB > Public Notices > TEL01329

Filings Included

File NumberService
ISP-PDR-20080401-00006International Telecommunications
ISP-PDR-20071129-00016International Telecommunications
IBFS_PN_680579

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. 08-2577 Report No. TEL-01329 Wednesday November 26, 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. Page 1 of 5

ISP-PDR-20071129-00016 P Cellco Partnership Petition for Declaratory Ruling Grant of Authority Date of Action: 11/26/2008 Cellco Partnership d/b/a Verizon Wireless (Verizon Wireless or "Petitioner"), a winning bidder of certain 700 MHz licenses in Auction No. 73, see Public Notice, DA 08-595, 23 FCC Rcd 4572 (WTB 2008), requests that the Commission find permissible the indirect foreign ownership of Verizon Wireless in excess of the 25 percent benchmark set forth in section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4). Verizon Wireless is a Delaware general partnership ultimately owned indirectly by Verizon Communications, Inc. (Verizon) and Vodafone Group Plc (Vodafone). Verizon, a Delaware corporation, indirectly owns 55 percent of the partnership interests, and Vodafone indirectly owns 45 percent of the partnership interests through numerous named intermediate subsidiaries, which are organized under the laws of Luxembourg, the Netherlands, and the United Kingdom, all of which are World Trade Organization Member countries, or the United States. Vodafone is a widely-held, publicly-traded company organized under the laws of the United Kingdom. The FCC's International Bureau previously issued a declaratory ruling approving up to 65.1 percent indirect foreign ownership of Verizon Wireless by Vodafone for other common carrier wireless services. See Vodafone AirTouch Plc and Bell Atlantic Corporation for Consent to Transfer Control or Assignment of Licenses and Authorizations, Memorandum Opinion and Order, 15 FCC Rcd 16507 (WTB/Int'l Bur. 2000). Petitioner represents that there is no new or increased indirect foreign ownership in Verizon Wireless requiring additional Commission approval in connection with the 700 MHz licenses it won in Auction No. 73. Accordingly, the Petitioner requests a declaratory ruling approving the same level of indirect foreign ownership in the 700 MHz Band licenses as the Commission previously granted to Verizon Wireless for other common carrier licenses. See ULS File Nos. 0003382444 and 0003382435. Pursuant to the rules and policies established in the Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that the public interest would be served by granting the Petitioner's request. We therefore extend the existing foreign ownership ruling for Verizon Wireless to cover the subject 700 MHz licenses it won in Auction No. 73. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ISP-PDR-20080401-00006 P AST Telecom, LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 11/26/2008 AST Telecom, LLC (AST Telecom or "Petitioner"), a winning bidder of a 700 MHz Band license in Auction No. 73, see ULS File No. 0003382802; DA 08-595, 23 FCC Rcd 4572 (WTB 2008), requests that the Commission find permissible the indirect foreign ownership of AST Telecom in excess of the 25 percent benchmark set forth in section 310(b)(4) of the Communications Act of 1934, as amended. 47 U.S.C. § 310(b)(4). Specifically, AST Telecom requests that the Commission approve: (1) the current foreign ownership of eLandia International, Inc. (eLandia) - formerly known as eLandia, Inc. - AST Telecom's parent company, in connection with the radio license AST Telecom won in Auction No. 73; (2) the same levels of indirect foreign ownership in other eLandia subsidiaries, American Samoa License, Inc. (ASLI) and eLandia Technologies, Inc. (eLandia Technologies), to take into account changes in eLandia's ownership since the issuance of section 310(b)(4) declaratory rulings to these subsidiaries; and (3) a further increase in the controlling ownership interest in eLandia held by R. Allen Stanford, a U.S. citizen, through two wholly-owned foreign subsidiaries, Stanford International Bank Limited (SIBL) and Stanford International Bank Holdings Limited (SIBHL), from his present ownership level of 68.10 percent to 69.50 percent. AST Telecom, a U.S. limited liability company, is a wholly-owned subsidiary of eLandia, a U.S. corporation. According to the petition, SIBL, a company organized under the laws of Antigua and Barbuda, a World Trade Organization (WTO) Member country, holds a 68.10 percent ownership interest in eLandia. SIBL, in turn, is wholly owned by SIBHL, which is also organized under the laws of Antigua and Barbuda. SIBHL is wholly owned and controlled by R. Allen Stanford, a U.S. citizen (who also holds citizenship of Antigua and Barbuda). The Petition indicates that Michael Ah Koy, individually and as a beneficiary and trustee of the James Michael Ah Koy Trust, holds 3.27 percent of eLandia. Mr. Ah Koy is a citizen of Fiji, a WTO Member country. In addition, W&R South Pacific, L.P. (WSPLP), a U.S. limited partnership, holds a 3.57 percent ownership interest in eLandia. WSPLP is owned and controlled by Barry and Fay Alailima Rose, U.S. citizens, through W&R, Inc., a U.S. corporation. The remaining 25.06 percent ownership interests in eLandia are held by "Other" shareholders. Of this 25.06 percent: (1) 17.07 percent are held by U.S. citizens; (2) 2.49 percent are held or controlled by citizens on Fiji (i.e., Krishna Sami and individual members of the Ah Koy family); and (3) 5.5% are unidentified shares Pursuant to section 310(b)(4) and the rules and policies established in the Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that it would not serve the public interest to prohibit the indirect foreign ownership of AST Telecom, ASLI, and eLandia Technologies in excess of the 25 percent benchmark of section 310(b)(4) of the Communications Act. Specifically, this ruling permits the indirect foreign ownership of AST Telecom, ASLI, and eLandia Technologies by (1) SIBL, SIBHL, and R. Allen Stanford (up to and including 69.50% equity and voting interests); (2) Michael Ah Koy individually and as beneficiary and trustee of the James Michael Ah Koy Trust (3.27% equity and voting interests); and (3) the other named Fijian shareholders of eLandia (2.49% equity and voting interests). AST Telecom, ASLI, and eLandia Technologies may accept up to and including an additional, aggregate 25 percent indirect foreign equity and/or voting interests from these and other foreign investors (except SIBL, SIBHL, and R. Allen Stanford) without seeking further Commission approval under section 310(b)(4), subject to the following condition. For purposes of calculating the additional, aggregate 25 percent amount, AST Telecom, ASLI, and eLandia Technologies shall include the equity and voting interests held by the unidentified investors in eLandia (5.5% equity and voting interests). 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. Page 5 of 5


Document Created: 2008-11-26 10:20:04
Document Modified: 2008-11-26 10:20:04
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