Public Notice TEL01372

International Telecommunications

Action Taken Public Notice

2009-07-16

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PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 09-1542 Report No. TEL-01372 Thursday July 16, 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-214-20081101-00484 E Color Valley, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/15/2009 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-214-20090507-00206 E TelCentris Communications, 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: 07/03/2009 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-214-20090601-00263 E Journey Telecom International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2009 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-214-20090605-00272 E Quikvoip, 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: 07/03/2009 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-214-20090608-00275 E Cuba Connect Company International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2009 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-214-20090609-00273 E Cyber Mesa Computer Systems Incorporated International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2009 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-214-20090610-00282 E Quickdial, Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2009 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-214-20090617-00290 E Affordable Long Distance LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2009 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-214-20090617-00291 E Tiscali USA Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/03/2009 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-AMD-20081111-00489 E Color Valley, Inc. Amendment Grant of Authority Date of Action: 07/15/2009 Amendment to ITC-214 20081101-00484 to include authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1). Page 2 of 7

ITC-ASG-20090508-00209 E Birch Communications, Inc. Assignment Grant of Authority Date of Action: 07/03/2009 Current Licensee: Cleartel Communications, Inc. FROM: Cleartel Communications, Inc. TO: Birch Communications, Inc. Application filed for consent to the partial assignment of assets, including the customer bases, currently held by Cleartel Communications, Inc. (CCI) to Birch Communications, Inc. (BCI). Pursuant to the terms of an assets purchase agreement executed on April 29, 2009, BCI will acquire the assets and customers of CCI in the following states: Arkansas, Massachusetts, New Jersey, New York, and Pennsylvania. BCI will provide service to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19970926-00584. CCI will continue to provide service to its remaining customers pursuant to its international section 214 authorization, ITC-214-19990729-00457. The following two individuals, both U.S. citizens, hold a 10 percent or greater ownership interest in BCI: Holcombe Green (66%); R. Kirby Godsey (32%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20090605-00271 E Birch Telecom, Inc. Assignment Grant of Authority Date of Action: 07/03/2009 Current Licensee: Cleartel Communications, Inc. FROM: Cleartel Communications, Inc. TO: Birch Telecom, Inc. Application filed for consent to the partial assignment of assets, including the customer bases, currently held by Cleartel Communications, Inc. (CCI) to Birch Telecom, Inc. (BTI). Pursuant to the terms of an assets purchase agreement executed on April 29, 2009, BTI will acquire the assets and customers of CCI in the following states: Alabama, California, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Wisconsin. The following wholly-owned subsidiaries of BTI will provide service to the newly acquired customers under authority of the existing international section 214 authorization held by BTI, ITC-214-19990701-00441, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): Birch Telecom of the Great Lakes, Inc. d/b/a Birch Communications; Birch Telecom of Missouri, Inc. d/b/a Birch Communications; Birch Telecom of Oklahoma, Inc. d/b/a Birch Communications; Birch Telecom of the South, Inc. d/b/a Birch Communications of the Southwest; Birch Telecom of Texas Ltd., LLP d/b/a Birch Communications; and, Birch Telecom of the West, Inc. d/b/a Birch Communications. CCI will continue to provide service to its remaining customers pursuant to its international section 214 authorization, ITC-214-19990729-00457. BTI is a wholly-owned subsidiary of Birch Communications, Inc. (BCI). The following two individuals, both U.S. citizens, hold a 10 percent or greater ownership interest in BCI: Holcombe Green (66%); R. Kirby Godsey (32%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20090605-00270 E Local Fiber L.L.C. Transfer of Control Grant of Authority Date of Action: 07/03/2009 Current Licensee: Local Fiber L.L.C. FROM: FiberNet Telecom Group, Inc. TO: Zayo Group, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-19970327-00177 (Old File No. ITC-97-200), held by Local Fiber, LLC (Local Fiber), from its 100 percent indirect parent FiberNet Telecom Group, Inc. (FiberNet) to Zayo Group, LLC (Zayo). Pursuant to the terms of an agreement and plan of merger dated May 28, 2009, Zayo will create a new subsidiary Zayo Merger Sub, Inc. that will merge with and into FiberNet, with FiberNet surviving the merger transaction. FiberNet will become a direct subsidiary of Zayo, and Local Fiber will become an indirect subsidiary of Zayo. Zayo is a direct, wholly-owned subsidiary of Zayo Group Holdings, Inc., which is a direct, wholly-owned subsidiary of Communications Infrastructure Investments, LLC (CII). The following entities and individuals, all U.S. citizens, will hold 10% or greater direct or indirect equity or voting interests in CII: Oak Investment Partners XII, LP (21.2%), and its general partner, Oak Associates XII, LLC and the four named executive managing members of Oak Associates; M/C Venture Partners, VI, L.P. (18.8%), its general partner, M/C VP VI, L.P. (which has, as its general partner, M/C Venture Partners, LLC (M/C VP)) and the five named managing members of M/C VP; Columbia Capital Equity Partners IV (QP), L.P. (Columbia Capital IV) (17.1%) and its general partner, Columbia Capital IV, LLC (19.4%, through Columbia Capital IV and investments in other named investors with less than 10% ownership), and the three named managing members of Columbia Capital IV; Charlesbank Equity Fund VI, Limited Partnership (Charlesbank EF VI) (12.2%), and its general partner Charlesbank Equity Fund VI GP, Limited Partnership (Charlesbank VI GP) (14.3%, through Charlesbank EF VI and investments in other named investors with less than 10% ownership), and its general partner, Charlesbank Capital Partners, LLC and the nine named managing directors of Charlesbank Capital Partners, LLC. No other entity or individual holds 10% or greater direct or indirect equity or voting interest in Zayo or CII. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20090609-00274 E Computer Pro Inc. DBA CP Telecom Transfer of Control Grant of Authority Date of Action: 07/03/2009 Current Licensee: Computer Pro Inc. DBA CP Telecom FROM: Computer Pro Inc. DBA CP Telecom TO: Hickory Tech Corporation Application for consent to the transfer of control of international section 214 authorization, ITC-214-20090515-00225, held by Computer Pro Inc. d/b/a CP Telecom (CP Telecom) from current shareholders to Hickory Tech Corporation (Hickory Tech). Pursuant to the terms of a stock purchase agreement executed on May 4, 2009 between the existing shareholders of CP Telecom and Hickory Tech, Hickory Tech will purchase all of the issued and outstanding capital stock of CP Telecom, and Hickory Tech will become the direct 100 percent parent company of CP Telecom. Hickory Tech is a publicly traded company 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 4 of 7

ITC-T/C-20090612-00284 E Grande Communications Networks, Inc. Transfer of Control Grant of Authority Date of Action: 07/03/2009 Current Licensee: Grand Communications Networks, Inc. FROM: Grande Communications Holdings, Inc. TO: ABRY Partners VI, L.P. Application for consent to the transfer of control of international section 214 authorization, ITC-214-20001108-00651, held by Grande Communications Networks, Inc.(Grande Networks) from its direct 100 percent parent, Grande Communications Holdings, Inc. (Grande Holdings), to ABRY Partners VI, L.P. (ABRY VI). Pursuant to the terms of a stock purchase agreement, ABRY VI will first form two new entities, Newco I LLC (Newco I) and Newco II LLC (Newco II), and then, through a series of transactions, Newco II will acquire 100% of the outstanding stock of Grande Networks, and Newco I will acquire 100% of the outstanding membership interests of Newco II. ABRY VI will acquire approximately 75% of the membership interests of Newco I, and thus will have a 75% indirect ownership interest in Grande Networks. Grande Holdings will acquire approximately 25% of the membership interests of Newco I, and thus will have a 25% indirect ownership interest in Grande Networks. ABRY VI will be the new ultimate majority owner of Grande Networks, and will have both de jure and de facto control of Grande Networks. ARBY VI is a limited partnership in which the limited partners have no vote and no individual or entity holds a 10 percent or greater direct or indirect equity interest. ABRY VI Capital Partners, L.P. (ABRY GP) is the sole general partner of ARBY VI. Management of ABRY GP is vested in its sole general partner ABRY VI Capital Investors, LLC (ABRY VI Capital Investors). The sole owner of ABRY VI Capital Investors is Royce Yudoff, a U.S. citizen. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Grande Networks. This authorization is without prejudice to the Commission's action in any other related pending proceedings. INFORMATIVE ITC-214-19970207-00071 LOCAL LONG DISTANCE, LLC By letter filed June 29, 2009, Applicant notified the Commission that it will discontinue providing international service in the Terril local wireline exchange area and the Royal local wireline exchange area, each in the State of Iowa, effective August 1, 2009. ITC-214-19990729-00457 Cleartel Communications, Inc. By letter filed June 11, 2009, Applicant notified the Commission that its wholly-owned subsidiary, Cleartel Telecommunications, Inc., will discontinue providing service to customers in Maryland and Rhode Island effective August 8, 2009, in Virginia effective August 10, 2009, and in West Virginia effective September 10, 2009. ITC-214-20030306-00118 Aianna By letter filed May 18, 2009, and updated on July 8, 2009, Applicant notified the Commission that it changed its name from Actica Communications Corp. to Aianna effective May 18, 2009. ITC-214-20080610-00260 Danville Mutual Telephone Company By letter filed June 23, 2009, Danville Mutual Telephone Company (DMTC) notified the Commission that, effective June 23, 2009, its wholly-owned subsidiary, Southeast Wireless, Inc., is providing service under authority of the international section 214 authorization, ITC-214-20080610-00260, held by DMTC, pursuant to section 63.21(h) of the Commission's rules, 47. C.F.R. § 63.21(h). ITC-214-20080812-00369 Arcadia Telephone Cooperative By letter filed June 10, 2009, Arcadia Telephone Cooperative (Arcadia) notified the Commission that, effective June 10, 2009, its wholly-owned subsidiary, Monarc Technologies, LLC is providing service under authority of the international section 214 authorization, ITC-214-20080812-00369, held by Arcadia, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). ITC-214-20090219-00096 Sky|Wi Telecommunications Holdings, LLC D/B/A TelcoRoutes By letter filed July 9, 2009, Applicant notified the Commission it will be providing service under the name TelcoRoutes, effective July 9, 2009. SURRENDER ITC-214-20020416-00205 Telecom Networks, Inc. By letter filed July 10, 2009, Applicant notified the Commission of the Surrender of its international 214 authorization, effective July 10, 2009. ITC-214-20050809-00311 Mercantel Communications, L.P. By letter filed June 3, 2009, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective June 3, 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: 2009-07-15 18:10:21
Document Modified: 2009-07-15 18:10:21
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