Public Notice TEL01351

International Telecommunications

Action Taken Public Notice

2009-03-26

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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. 09-677 Report No. TEL-01351 Thursday March 26, 2009 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-214-20071217-00506 E Kmedia, Inc. dba Vivophone International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/24/2009 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-214-20080922-00435 E TELCHIN Corp. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/16/2009 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 7

ITC-214-20081006-00450 E Global1Touch International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/23/2009 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-214-20081010-00457 E Grand Cal Holdings, 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: 03/23/2009 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-214-20081027-00479 E Innovation Labs, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/23/2009 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-214-20081112-00494 E Software Cellular Network (North America) ltd International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/23/2009 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-214-20090213-00093 E Phyber Communications, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/13/2009 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-214-20090219-00095 E Nevada Utilities, Inc. d/b/a Nevada Telephone International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/13/2009 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-214-20090219-00096 E SKY|WI TELECOMMUNICATIONS HOLDINGS, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/13/2009 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-214-20090220-00100 E NovoLink 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: 03/13/2009 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 2 of 7

ITC-214-20090222-00099 E Airtel USA Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/13/2009 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-214-20090223-00101 E Nexus Communication, Inc. dba TSI International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/13/2009 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-ASG-20090130-00043 E Janaslani Enterprises, LLC Assignment Grant of Authority Date of Action: 03/13/2009 Current Licensee: Exelon, LLC FROM: Exelon, LLC TO: Janaslani Enterprises, LLC Notification filed January 30, 2009 of the pro forma assignment of international section 214 authorization, ITC-214-20051208-00500, held by Exelon LLC (Exelon), to Janaslani Enterprises, LLC (Janaslani), effective January 1, 2009. Both Exelon and Janaslani are independently incorporated entities under the 100% common ownership and control of Edwin and Courtney Janaslani, husband and wife. ITC-ASG-20090203-00061 E Reduced Rate Long Distance, LLC Assignment Grant of Authority Date of Action: 03/24/2009 Current Licensee: Horizon Telecom, Inc. FROM: Horizon Telecom, Inc. TO: Reduced Rate Long Distance, LLC Notification filed February 3, 2009, of the pro forma assignment of customer base from Horizon Telecom, Inc. (Horizon), which operates under international section 214 authorization ITC-214-20031009-00473, to its sister company Reduced Rate Long Distance, LLC (RRLD), effective January 23, 2009. RRLD will provide services to its newly acquired customers pursuant to its own existing international section 214 authorization, ITC-214-20010501-00262. Robert Sorrentino is the sole shareholder of both Horizon and RRLD. ITC-T/C-20080507-00221 E IBFA Acquisition Company, LLC Transfer of Control Grant of Authority Date of Action: 03/25/2009 Current Licensee: IBFA Acquisition Company, LLC FROM: IBFA Acquisition Company, LLC TO: Telava Acquisitions, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-20050425-00157, held by IBFA Acquisition Company, LLC (IBFA) to Telava Acquisitions, Inc. (TAI). Pursuant to the terms of a Membership Interest Purchase Agreement, dated January 16, 2008, TAI will purchase all of the membership interests of IBFA. Upon closing, IBFA will become a direct, wholly-owned subsidiary of TAI. TAI is wholly owned by Telava Networks, Inc. (TNI), which is a publicly traded company. Carlington HK Limited (Carlington), a Chinese entity, has a 44.6% ownership interest in TNI. Mr. Lam Kam Hung, a citizen of China, is the sole owner of Carlington. No other individual or entity will have 10 percent or greater direct or indirect equity or voting interest in TAI and IBFA. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20090204-00082 E China Unicom USA Corporation Transfer of Control Grant of Authority Date of Action: 03/24/2009 Current Licensee: China Unicom USA Corporation FROM: China Network Communications Group Corporation TO: China United Network Communications Group Company Limited Notification filed February 4, 2009 of a pro forma transfer of control of international 214 authorization, ITC-214-20020724-00427, held by China Unicom USA Corporation (China Unicom USA) on January 6, 2009, retroactively effective as of January 1, 2009. Pursuant to a government-organized restructuring of the Chinese telecommunications industry, China Network Communications Group Corporation (China Netcom) was merged with and into China United Network Communications Group Company Limited f/k/a China United Telecommunications Corporation (China Unicom). As a result of this restructuring, China Unicom increased its ownership in China Unicom (Hong Kong) Limited from approximately 41% to approximately 70%. China Unicom (Hong Kong) Limited is the 100% indirect parent of China Unicom USA. All parties to the transaction are controlled by the People's Republic of China. ITC-T/C-20090204-00083 E China Netcom (USA) Operations Limited Transfer of Control Grant of Authority Date of Action: 03/24/2009 Current Licensee: China Netcom (USA) Operations Ltd. FROM: China Network Communications Group Corporation TO: China United Network Communications Group Company Limited Notification filed February 4, 2009 of a pro forma transfer of control of international 214 authorization, ITC-214-20020728-00361, held by China Netcom (USA) Operations Limited (China Netcom USA) on January 6, 2009, retroactively effective as of January 1, 2009. Pursuant to a government-organized restructuring of the Chinese telecommunications industry, China Network Communications Group Corporation (China Netcom) was merged with and into China United Network Communications Group Company Limited f/k/a China United Telecommunications Corporation (China Unicom). As a result of this restructuring, China Unicom increased its ownership in China Unicom (Hong Kong) Limited from approximately 41% to approximately 70%. China Unicom (Hong Kong) Limited is the 100% indirect parent of China Netcom USA. All parties to the transaction are controlled by the People's Republic of China. ITC-T/C-20090227-00106 E XO Communications, LLC Transfer of Control Grant of Authority Date of Action: 03/23/2009 Current Licensee: XO Communications, LLC FROM: XO Holdings, Inc. TO: XO Holdings, Inc. Notification filed February 27, 2009 of the pro forma transfer of control of international section 214 authorization, ITC-214-20001117-00674, held by XO Communications, LLC (XO LLC), effective January 31, 2009. The pro forma transaction involved the transfer of stock in XO LLC's parent company, XO Holdings, Inc. (XO Holdings), by and between various entities that are directly or indirectly controlled by Carl C. Icahn. Both before and after the transaction, Mr. Icahn held and continues to hold a controlling, majority ownership interest in XO Holdings, and thus in XO LLC. INFORMATIVE ITC-214-19970403-00193 Northeast Communications of Wisconsin, Inc. By letter filed March 6, 2009, Northeast Communications of Wisconsin, Inc. (NEC) notified the Commission that, effective March 1, 2009, two of its wholly-owned subsidiaries, Brown County MSA Cellular Limited Partnership and Nsighttel Wireless, LLC, are providing service under authority of the international section 214 authorization, ITC-214-19970403-00193 (Old File No. ITC-97-206), held by NEC, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). ITC-214-19990330-00206 Innovative Communication Corporation By letter filed March 20, 2009, Innovative Communications Corporation, Stan Springel, Chapter 11 Trustee (ICC) notified the Commission that, effective March 20, 2009, its wholly-owned subsidiary, ICC Long Distance, Inc. d/b/a Innovative Long Distance, is providing service under authority of the international section 214 authorization, ITC-214-19990330-00206, held by ICC, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). ITC-214-20000919-00540 Convergent Telesis LLC By letter filed March 11, 2009, Applicant notified the Commission that, effective on or about April 30, 2009, certain telecommunications services to customers served by Convergent in Long Island, New York, will be discontinued, pursuant to section 63.71 of the Commission's rules, 47 C.F.R. § 63.71. ITC-214-20051102-00448 SOUTHEAST NEBRASKA COMMUNICATIONS, INC. By letter filed February 11, 2009, Applicant notified the Commission that it has changed its name from Southeast Nebraska Telephone Company to Southeast Nebraska Communications, Inc., effective October 15, 2008. Page 4 of 7

SURRENDER ITC-214-20030424-00202 G&M NetdataCom, LLC By letter filed March 9, 2009, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective March 9, 2009. Page 5 of 7

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 6 of 7

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 7 of 7


Document Created: 2009-03-25 14:50:44
Document Modified: 2009-03-25 14:50:44
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