Public Notice TEL01418

International Telecommunications

Action Taken Public Notice

2010-03-25

FCC.report > IB > Public Notices > TEL01418

19 Filings Included [expand]

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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. 10-499 Report No. TEL-01418 Thursday March 25, 2010 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-214-20090529-00261 E Broadvox-CLEC, 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: 03/19/2010 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-214-20090929-00424 E Estel 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: 03/23/2010 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-214-20091117-00488 E Pactelcom, 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: 03/23/2010 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-214-20091127-00497 E Columbus Networks Puerto Rico, 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: 03/19/2010 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). We grant this Petition of Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on March 18, 2010, by the Department of Homeland Security, with concurrence of the Department of Justice. Accordingly, we condition grant of this application on Columbus Network Puerto Rico, Inc. abiding by the commitments set forth in its February 26, 2010 Letter to Assistant Secretary for Policy, Department of Homeland Security and Secretary of Federal Communications Commission (February 26, 2010 Letter). A copy of the Petition and February 26, 2010 Letter are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-214-20091127-00497 and accessing "Other filings related to this application" from the Document Viewing area. ITC-214-20100107-00011 E Interlink Data, 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: 03/23/2010 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-214-20100222-00086 E PREPA Networks 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: 03/19/2010 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-214-20100223-00087 E PREPA.Net International Wholesale Transport Inc. f/k/a Telecomunicaciones Ultram International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/19/2010 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-214-20100225-00090 E TeleSIRV, 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: 03/19/2010 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-214-20100301-00091 E S Telecom 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: 03/19/2010 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-ASG-20091230-00555 E Global Telecom & Technology Americas, Inc. Assignment Grant of Authority Date of Action: 03/11/2010 Current Licensee: Vanco Direct USA, LLC FROM: Vanco Direct USA, LLC TO: Global Telecom & Technology Americas, Inc. Application filed for consent to the assignment of assets held by Global Capacity Direct, LLC, f/k/a Vanco Direct USA, LLC (Vanco) to Global Telecom & Technology Americas, Inc., f/k/a Global Internetworking, Inc. (GTT Americas). Pursuant to the terms of an asset purchase agreement, dated December 30, 2009, Vanco will assign certain of its interstate data private line customers, located throughout the service territories of Vanco, to GTT Americas. Upon closing, Vanco will continue to provide services to its remaining customers pursuant to its existing international section 214 authorization, ITC-214-20050331-00136. GTT Americas will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-20020619-00332. GTT Americas is a direct wholly-owned subsidiary of Global Telecom & Technology, Inc. (GTT). The following individuals and entities, all U.S. citizens, hold 10 percent or greater ownership interests in GTT: H. Brian Thompson (30%); Universal Telecommunications, Inc. (Universal) (27%); J. Carlo Cannell (22%). Mr. Thompson holds his interests in GTT through his ownership of the majority of the stock of Universal and additional shares of GTT which he holds directly. J. Carlo Cannell holds his interests in GTT as the sole managing member of Cannell Capital LLC which possesses the sole power to vote the disposition of all securities of GTT held by Anegada Master Fund Limited, Tonga Partners, L.P., and Tonga Partners QP, L.P. (collectively, 22%). No other individual or entity holds a 10 percent or greater direct or indirect equity or voting interest in GTT. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20091026-00461 E Access Media 3, Inc. Transfer of Control Grant of Authority Date of Action: 03/23/2010 Current Licensee: Access Media 3, Inc. FROM: Access Media 3, Inc. TO: AM3 Holding Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070418-00149, held by Access Media 3, Inc. (AM3), to AM3 Holding Corp. (AM3 Holding). Pursuant to the terms of a proposed assets purchase agreement, the ownership interests in AM3 will be transferred from current owners Scott Rediger (43.3%) and Robert J. Heiderscheidt (26.4%), to AM3 Holding through a series of transactions. Upon closing, AM3 will become a wholly-owned direct subsidiary of AM3 Holding. AM3 Holding will be a wholly-subsidiary of AM3 Pinnacle Corporation (AM3 Pinnacle). The following entities and individual will hold 10 percent or greater direct ownership interests in AM3 Pinnacle: Meritage Fund III, L.P. (Meritage Fund) (30.4%); WP North America Private Equity, L.P. (WP NAPE) (15.2%); COREalpha Private Equity Partners II L.P. (COREalpha) (15.2%); and, Scott Rediger (12.1%). Meritage Fund is wholly owned by Meritage Investment Partners III, LLC. WP NAPE is majority owned (99%) by Forsta AP-Fonden Kapital KB, a Swedish entity. WP North America Private Equity GP, LLC (WP NAPE GP), is the general partner of WP NAPE. WP NAPE GP is owned (50%) by WAFRA Investment Corporation, a Cayman Islands entity. The Public Institution for Social Security, a Kuwait entity, owns 95.5% of WAFRA Investment Corporation. The Public Institution for Social Security is wholly owned by the State of Kuwait. WP COREalpha II GP, LLC (WP COREalpha GP) is the 100% owner and general partner of COREalpha. WAFRA Investment Advisory Group, Inc. (WAFRA IAG), is the general partner of and 50% owner of WP COREalpha GP. In turn, WAFRA IAG is directly owned by WAFRA Investment Corporation (100%), which is in turn 95.5% owned by The Public Institution for Social Security. No other entity or individual directly or indirectly will hold 10 percent or greater equity or voting interest in AM3. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20091214-00537 E Total Call Mobile, Inc. Transfer of Control Grant of Authority Date of Action: 03/16/2010 Current Licensee: Total Call Mobile, Inc. FROM: Total Call Mobile, Inc. TO: KDDI America, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-20091105-00474, held by Total Call Mobile, Inc., to KDDI America, Inc. (KDDI America). In the first step of a two-step transaction, the shareholders of Total Call Mobile, which is majority owned and controlled by Mark Leafstedt (51%), will contribute all of its stock to its affiliate Total Call International, Inc., which is majority owned and controlled by Mark Leafstedt (60%). As part of this restructuring, Total Call Mobile will become a wholly-owned subsidiary of Total Call International. Next, KDDI America will purchase 51% of Total Call International on a fully diluted, as converted basis. The existing shareholders of Total Call International will hold the other 49% ownership interests. Thus, upon closing, KDDI America will acquire a controlling interest in both Total Call International and Total Call Mobile. KDDI America is a wholly-owned subsidiary of KDDI Corporation (KDDI), a Japanese corporation. Kyocera Corporation, a Japanese corporation, holds a 12.76% ownership interest, and Toyota Motor Corporation, a Japanese corporation, holds an 11.09% ownership interest, in KDDI. Mark Leafstdt will hold a 29.4% ownership interest, and Daniel Ing will hold a 12.25% ownership interest, in Total Call International. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Total Call Mobile or Total Call International. Total Call Mobile agrees to be classified as a dominant carrier on the U.S.-Japan route pursuant to sections 63.10 of the Commission's rules, 47 C.F.R. § 63.10. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20091214-00538 E Total Call International, Inc. Transfer of Control Grant of Authority Date of Action: 03/16/2010 Current Licensee: Total Call International, Inc. FROM: Total Call International, Inc. TO: KDDI America, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-20000121-00036, held by Total Call International, Inc., to KDDI America, Inc. (KDDI America). KDDI America will purchase 51 percent of Total Call International on a fully diluted, as converted basis. The existing shareholders of Total Call International will hold the other 49% ownership interests. Thus, upon closing, KDDI America will acquire a controlling interest in Total Call International. KDDI America is a wholly-owned subsidiary of KDDI Corporation (KDDI), a Japanese corporation. Kyocera Corporation, a Japanese corporation, holds a 12.76% ownership interest, and Toyota Motor Corporation, a Japanese corporation, holds an 11.09% ownership interest, in KDDI. Mark Leafstdt will hold a 29.4% ownership interest, and Daniel Ing will hold a 12.25% ownership interest, in Total Call International. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Total Call International. Total Call International agrees to be classified as a dominant carrier on the U.S.-Japan route pursuant to sections 63.10 of the Commission's rules, 47 C.F.R. § 63.10. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100128-00039 E Piedmont Communications Services, Inc Transfer of Control Grant of Authority Date of Action: 03/19/2010 Current Licensee: Piedmont Communications Services, Inc FROM: Piedmont Telephone Membership Corporation TO: Surry Telephone Membership Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20010323-00152, held by Piedmont Communications Services, Inc.(PCS) from its 100% direct parent, Piedmont Telephone Membership Corporation (PTMC), to Surry Telephone Membership Corporation (STMC). Pursuant to the terms of an underlying merger agreement, PTMC was merged with and into STMC on January 1, 2009, without prior Commission approval. Upon closing, PCS became a wholly-owned subsidiary of STMC. No individual or entity holds a 10 percent or greater direct or indirect, equity or voting interest in STMC. Grant of this application is without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission's rules. INFORMATIVE ITC-214-20090424-00199 ComNet (USA) LLC Page 4 of 7

INFORMATIVE By letter dated February 22, 2010, Applicant notified the Commission that CM Tel (USA) LLC, has changed its name to ComNet (USA) LLC. SURRENDER ITC-214-19930903-00004 Lightyear Network Solutions, LLC By letter filed March 12, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective March 12, 2010. Applicant will continue to provide international telecommunications services pursuant to ITC-214-19980506-00299 (Old File No. ITC-98-345). ITC-214-20051012-00406 VIZADA Services LLC By letter filed March 22, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization, and amendments ITC-AMD-20060804-00388 and ITC-AMD-20090102-00002. ITC-214-20090317-00125 Concero Global, LLC By letter filed March 2, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20100107-00012 USA Telecom Communications, LLC By letter filed March 23, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. 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


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Document Modified: 2010-03-24 16:16:02
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