Public Notice TEL01432

International Telecommunications

Action Taken Public Notice

2010-06-03

FCC.report > IB > Public Notices > TEL01432

33 Filings Included [expand]

IBFS_PN_820301

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. 10-1011 Report No. TEL-01432 Thursday June 3, 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. Page 1 of 12

ISP-PDR-20100107-00006 P ISAT US Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 05/25/2010 ISAT US Inc. (ISAT US or "Petitioner") requests a declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), that it would serve the public interest to allow up to 100 percent indirect foreign ownership of ISAT US. Petitioner seeks this ruling in connection with an application for authority to assign the license to operate mobile earth terminals on a common carrier basis held by Inmarsat Hawaii, Inc. to ISAT US. SES-ASG-20100107-00015. ISAT US and Inmarsat Hawaii are both ultimately wholly owned by Inmarsat plc, which is a widely-held, publicly traded company organized under the laws of England and Wales. Petitioner notes that the Commission previously granted a declaratory ruling, pursuant to section 310(b)(4), allowing Inmarsat plc to acquire 100 percent of Stratos Global Corporation and its wholly-owned subsidiaries that hold common carrier licenses. Petitioner further asserts that, while its application involves the assignment of a license to ISAT, which was not evaluated in that transaction, ISAT is also ultimately wholly owned by Inmarsat plc and therefore should be granted a similar foreign ownership ruling. See Robert M. Franklin, Transferor, Inmarsat plc, Transferee, Consolidated Application for Consent to Transfer of Control of Stratos Global Corporation and its Subsidiaries from an Irrevocable Trust to Inmarsat plc, IB Docket No. 08-143, Memorandum Opinion and Order and Declaratory Ruling, 24 FCC Rcd 449 (IB 2009) application for review pending. ISAT US, a Delaware corporation, is a wholly-owned subsidiary of Inmarsat U.S. Holdings, Inc., a Delaware corporation. Inmarsat U.S. Holdings, Inc. is wholly owned by Inmarsat Services Ltd. which is, in turn, wholly owned by Inmarsat Ventures Ltd. Inmarsat Ventures Ltd. is wholly owned by Inmarsat Investments Ltd. which is, in turn, wholly owned by Inmarsat Group Ltd. Inmarsat Group Ltd. is wholly owned by Inmarsat plc. Petitioner states that, with the exception of ISAT US and Inmarsat U.S. Holdings, Inc., each of the Inmarsat entities named above is formed under the laws of England and Wales and has its principal place of business in the United Kingdom, which is a World Trade Organization ("WTO") Member country. The following entities or individuals hold ten percent or greater interests in Inmarsat plc, and indirectly in ISAT US: Harbinger Capital Partners Master Fund I, Ltd. ("Master Fund") and Harbinger Capital Partners Special Situations Fund, L.P. ("Special Fund") (collectively, 28.13%); HGW Holding Company, L.P. ("HGW") (28.13%); Harbinger Capital Partners LLC (investment manager to the Master Fund and Special Fund) (28.13%); Harbinger Capital Partners Special Situations GP, LLC ("HCPSS") (general partner of Special Fund) (28.13%); Harbinger Holdings, LLC (managing member of Harbinger Capital Partners LLC and HCPSS) (28.13%); HGW GP, Ltd ("HGWGP") (general partner of HGW) (28.13%); Philip A. Falcone (a U.S. citizen and managing member of Harbinger Holdings, LLC, portfolio manager to the Master Fund and Special Fund, and controlling interest holder in HGWGP) (28.13%); and Lansdowne Partners Limited ("Lansdowne") (13.04%, aggregate voting power held through management of various Landsdowne investment funds). The Master Fund, HGW and HGWGP are organized under the laws of the Cayman Islands, a WTO Member country. The Special Fund is a Delaware limited partnership. Each of the other named Harbinger entities is a Delaware limited liability company. Lansdowne was formed under the laws of the United Kingdom. Pursuant to the rules and polices established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that the indirect foreign ownership of ISAT in excess of the 25 percent benchmark in section 310(b)(4) is consistent with the public interest. Specifically, this ruling permits the indirect foreign ownership of ISAT by Inmarsat Ventures Ltd., Inmarsat Investments Ltd., Inmarsat Group Ltd. and Inmarsat plc (individually, up to and including 100 percent of the equity and voting interests) and Inmarsat's shareholders (collectively, up to and including 100 percent of the equity and voting interests). Inmarsat Hawaii may accept up to and including an additional, aggregate 25 percent indirect equity and/or voting interests from other foreign investors without seeking prior Commission approval under section 310(b)(4) subject to the following conditions. First, ISAT shall obtain prior Commission approval before its indirect equity and/or voting interests from non-WTO Member countries exceeds 25 percent. Second, ISAT shall obtain prior approval before any foreign individual or entity, with the exception of those named above, acquires an indirect equity and/or voting interest in excess of 25 percent. This ruling is further conditioned on compliance with the provisions of the Agreement between Inmarsat on the one hand and the U.S. Department of Justice and the U.S. Department of Homeland Security on the other, dated September 23, 2008. A copy of the agreement is publicly available at 24 FCC Rcd 449, Appendix B. Page 2 of 12

ISP-PDR-20100323-00005 P Inmarsat Hawaii Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 05/25/2010 Inmarsat Hawaii Inc. (Inmarsat Hawaii or "Petitioner") requests a declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), that it would serve the public interest to allow up to 100 percent indirect foreign ownership of Inmarsat Hawaii for purposes of its blanket license to operate mobile earth terminals on a common carrier basis. Inmarsat Hawaii initially filed its request for declaratory ruling in connection with an application to operate mobile earth terminals ("MET") on a common carrier basis. See SES-LIC-20090217-00184, granted effective Oct. 22, 2009. Inmarsat Hawaii has refiled its request for declaratory ruling in a pending application to modify the MET license to allow it to operate up to 100,000 of the portable handset mobile earth terminal type known as the Inmarsat IsatPhone Pro, in addition to the current authorization for 30,000 mobile earth terminals. See SES-MOD-20100323-00347. Inmarsat Hawaii is ultimately wholly owned by Inmarsat plc, which is a widely-held, publicly traded company organized under the laws of England and Wales. Petitioner notes that the Commission previously granted a declaratory ruling, pursuant to section 310(b)(4), allowing Inmarsat plc to acquire 100 percent of Stratos Global Corporation and its wholly-owned subsidiaries that hold common carrier licenses. Petitioner further notes that, like the Stratos Global subsidiaries evaluated in that transaction, Inmarsat Hawaii is also ultimately wholly owned by Inmarsat plc, and therefore should be granted a similar foreign ownership ruling. See Robert M. Franklin, Transferor, Inmarsat plc, Transferee, Consolidated Application for Consent to Transfer of Control of Stratos Global Corporation and its Subsidiaries from an Irrevocable Trust to Inmarsat plc, IB Docket No. 08-143, Memorandum Opinion and Order and Declaratory Ruling, 24 FCC Rcd 449 (IB 2009) application for review pending. Inmarsat Hawaii, a Hawaii corporation, is a wholly-owned subsidiary of Inmarsat U.S. Holdings, Inc., a Delaware corporation. Inmarsat U.S. Holdings, Inc. is wholly owned by Inmarsat Services Ltd. which is, in turn, wholly owned by Inmarsat Ventures Ltd. Inmarsat Ventures Ltd. is wholly owned by Inmarsat Investments Ltd. which is, in turn, wholly owned by Inmarsat Group Ltd. Inmarsat Group Ltd. is wholly owned by Inmarsat plc. Petitioner states that, with the exception of Inmarsat Hawaii and Inmarsat U.S. Holdings, Inc., each of the Inmarsat entities named above is formed under the laws of England and Wales and has its principal place of business in the United Kingdom, which is a World Trade Organization ("WTO") Member country. The following entities or individuals hold ten percent or greater interests in Inmarsat plc, and indirectly in Inmarsat Hawaii: Harbinger Capital Partners Master Fund I, Ltd. ("Master Fund") and Harbinger Capital Partners Special Situations Fund, L.P. ("Special Fund") (collectively, 28.13%); HGW Holding Company, L.P. ("HGW") (28.13%); Harbinger Capital Partners LLC (investment manager to the Master Fund and Special Fund) (28.13%); Harbinger Capital Partners Special Situations GP, LLC ("HCPSS") (general partner of Special Fund) (28.13%); Harbinger Holdings, LLC (managing member of Harbinger Capital Partners LLC and HCPSS) (28.13%); HGW GP, Ltd ("HGWGP") (general partner of HGW) (28.13%); Philip A. Falcone (a U.S. citizen and managing member of Harbinger Holdings, LLC, portfolio manager to the Master Fund and Special Fund, and controlling interest holder in HGWGP) (28.13%); and Lansdowne Partners Limited ("Lansdowne") (13.04%, aggregate voting power held through management of various Landsdowne investment funds). The Master Fund, HGW and HGWGP are organized under the laws of the Cayman Islands, a WTO Member country. The Special Fund is a Delaware limited partnership. Each of the other named Harbinger entities is a Delaware limited liability company. Lansdowne was formed under the laws of the United Kingdom. Pursuant to the rules and polices established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that the indirect foreign ownership of Inmarsat Hawaii in excess of the 25 percent benchmark in section 310(b)(4) is consistent with the public interest. Specifically, this ruling permits the indirect foreign ownership of Inmarsat Hawaii by Inmarsat Ventures Ltd., Inmarsat Investments Ltd., Inmarsat Group Ltd. and Inmarsat plc (individually, up to and including 100 percent of the equity and voting interests) and Inmarsat's shareholders (collectively, up to and including 100 percent of the equity and voting interests). Inmarsat Hawaii may accept up to and including an additional, aggregate 25 percent indirect equity and/or voting interests from other foreign investors without seeking prior Commission approval under section 310(b)(4) subject to the following conditions. First, Inmarsat Hawaii shall obtain prior Commission approval before its indirect equity and/or voting interests from non-WTO Member countries exceeds 25 percent. Second, Inmarsat Hawaii shall obtain prior approval before any foreign individual or entity, with the exception of those named above, acquires an indirect equity and/or voting interest in excess of 25 percent. This ruling is further conditioned on compliance with the provisions of the Agreement between Inmarsat on the one hand and the U.S. Department of Justice and the U.S. Department of Homeland Security on the other, dated September 23, 2008. A copy of the agreement is publicly available at 24 FCC Rcd 449, Appendix B. ITC-214-20090930-00435 E IK 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: 06/02/2010 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-214-20100112-00017 E DFLTEL CORP International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/02/2010 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). Page 3 of 12

ITC-214-20100331-00135 E SI Wireless, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/28/2010 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-214-20100423-00180 E Neutral Tandem, 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: 05/28/2010 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-214-20100428-00177 E Launch Telecom 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: 05/28/2010 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-214-20100428-00178 E Techvox 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: 05/28/2010 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-214-20100429-00174 E VinaRing Corporation International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 05/28/2010 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-214-20100430-00179 E Kwality Telecom Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/28/2010 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-214-20100504-00184 E ACME SWITCHES 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: 05/28/2010 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 4 of 12

ITC-214-20100506-00185 E IOS 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: 05/28/2010 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-214-20100511-00187 E VoiParty, 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: 05/28/2010 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-214-20100511-00189 E Multicultural Brand Marketing 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: 05/28/2010 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-214-20100512-00192 E Virtual Media 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: 05/28/2010 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-ASG-20100319-00113 E RCN Telecom Services (Lehigh) LLC Assignment Grant of Authority Date of Action: 05/21/2010 Current Licensee: RCN Telecom Services, Inc. FROM: RCN Telecom Services, Inc. TO: RCN Telecom Services (Lehigh) LLC Application filed for consent to the assignment of international section 214 authorizations, ITC-214-19961004-00490, ITC-214-19970717-00411, ITC-214-19970723-00430, and ITC-214-19981002-00679, held by RCN Telecom Services, Inc. (RCN TSI) to RCN Telecom Services (Lehigh) LLC (RCN (Lehigh)). RCN Corporation (RCN), Yankee Cable Acquisition, LLC (Yankee Cable), and Yankee Metro Parent, Inc. (Yankee Metro) entered into an Agreement and Plan of Merger (Merger Agreement) on March 5, 2010, under which Yankee Cable and Yankee Metro will acquire control of RCN and its subsidiaries. The transaction will be accomplished through a series of steps, including a preliminary corporate reorganization that will allocate certain assets to appropriate RCN subsidiaries. As part of that reorganization, RCN TSI, a wholly-owned subsidiary of RCN, will be merged into RCN (Lehigh) with RCN (Lehigh) being the surviving entity. RCN (Lehigh) will then become a subsidiary of RCN Telecom Services, LLC, a newly formed wholly-owned subsidiary of RCN. Subsequent to the reorganization, Yankee Cable will indirectly purchase from RCN all of its ownership interest in RCN Telecom Services, LLC, thereby gaining control of RCN (Lehigh). Yankee Cable will be an indirect wholly-owned subsidiary of Yankee Cable Partners, LLC, which in turn will be majority owned by ABRY Partners VI, L.P. (ABRY Partners). ABRY Partners will hold all the voting interests in Yankee Cable Partners. The sole general partner of ABRY Partners is ABRY VI Capital Partners, L.P. (ABRY VI CP). The sole general partner of ABRY VI CP is ABRY VI Capital Investors, LLC (ABRY VI CI). The sole owner of ABRY VI CI is Royce Yudkoff, U.S. citizen, who ultimately controls ABRY Partners. No other entity or individual will hold direct or indirect 10 percent or greater equity or voting interest in Yankee Cable or RCN (Lehigh). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 5 of 12

ITC-ASG-20100416-00162 E RCN Telecom Services of Philadelphia LLC Assignment Grant of Authority Date of Action: 05/21/2010 Current Licensee: RCN Telecom Services, Inc. FROM: RCN Telecom Services, Inc. TO: RCN Telecom Services of Philadelphia LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-19970707-00379 (Old File No. ITC-97-368), held by RCN Telecom Services, Inc. (RCN TSI) to RCN Telecom Services of Philadelphia LLC (RCN Philadelphia). RCN Corporation (RCN), Yankee Cable Acquisition, LLC (Yankee Cable), and Yankee Metro Parent, Inc. (Yankee Metro) entered into an Agreement and Plan of Merger (Merger Agreement) on March 5, 2010, under which Yankee Cable and Yankee Metro will acquire control of RCN and its subsidiaries. The transaction will be accomplished through a series of steps, including a preliminary corporate reorganization that will allocate certain assets to appropriate RCN subsidiaries. As part of that reorganization, RCN TSI, a wholly-owned subsidiary of RCN, will assign one of its international section 214 authorizations, ITC-214-19970707-00379, to RCN Philadelphia, a newly-formed subsidiary of RCN. RCN Philadelphia will then become a subsidiary of RCN Telecom Services, LLC, a newly formed wholly-owned subsidiary of RCN. Subsequent to the reorganization, Yankee Cable will indirectly purchase from RCN all of its ownership interest in RCN Telecom Services, LLC, thereby gaining control of RCN Philadelphia. Yankee Cable will be an indirect wholly-owned subsidiary of Yankee Cable Partners, LLC, which in turn will be majority owned by ABRY Partners VI, L.P. (ABRY Partners). ABRY Partners will hold all the voting interests in Yankee Cable Partners. The sole general partner of ABRY Partners is ABRY VI Capital Partners, L.P. (ABRY VI CP). The sole general partner of ABRY VI CP is ABRY VI Capital Investors, LLC (ABRY VI CI). The sole owner of ABRY VI CI is Royce Yudkoff, U.S. citizen, who ultimately controls ABRY Partners. No other entity or individual will hold direct or indirect 10 percent or greater equity or voting interest in Yankee Cable or RCN Philadelphia. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20100416-00163 E RCN Telecom Services of New York, LP Assignment Grant of Authority Date of Action: 05/21/2010 Current Licensee: RCN Telecom Services, Inc. FROM: RCN Telecom Services, Inc. TO: RCN Telecom Services of New York, LP Application filed for consent to the assignment of international section 214 authorization, ITC-214-19970707-00384 (Old File No. ITC-97-366), held by RCN Telecom Services, Inc. (RCN TSI) to RCN Telecom Services of New York, LP (RCN NY LP). RCN Corporation (RCN), Yankee Cable Acquisition, LLC (Yankee Cable), and Yankee Metro Parent, Inc. (Yankee Metro) entered into an Agreement and Plan of Merger (Merger Agreement) on March 5, 2010, under which Yankee Cable and Yankee Metro will acquire control of RCN and its subsidiaries. The transaction will be accomplished through a series of steps, including a preliminary corporate reorganization that will allocate certain assets to appropriate RCN subsidiaries. As part of that reorganization, RCN TSI, a wholly-owned subsidiary of RCN, will assign one of its international section 214 authorizations, ITC-214-19970707-00384, to RCN NY LP, a newly-formed subsidiary of RCN. RCN NY LP will then become a subsidiary of RCN Telecom Services, LLC, a newly formed wholly-owned subsidiary of RCN. Subsequent to the reorganization, Yankee Cable will indirectly purchase from RCN all of its ownership interest in RCN Telecom Services, LLC, thereby gaining control of RCN NY LP. Yankee Cable will be an indirect wholly-owned subsidiary of Yankee Cable Partners, LLC, which in turn will be majority owned by ABRY Partners VI, L.P. (ABRY Partners). ABRY Partners will hold all the voting interests in Yankee Cable Partners. The sole general partner of ABRY Partners is ABRY VI Capital Partners, L.P. (ABRY VI CP). The sole general partner of ABRY VI CP is ABRY VI Capital Investors, LLC (ABRY VI CI). The sole owner of ABRY VI CI is Royce Yudkoff, U.S. citizen, who ultimately controls ABRY Partners. No other entity or individual will hold direct or indirect 10 percent or greater equity or voting interest in Yankee Cable or RCN NY LP. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 6 of 12

ITC-ASG-20100419-00168 E Broadpoint Wireless License Co., LLC Assignment Grant of Authority Date of Action: 05/28/2010 Current Licensee: PetroCom License Corporation FROM: PetroCom License Corporation TO: Broadpoint Wireless License Co., LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-19980226-00151 (Old File No. ITC-98-189), held by PetroCom License Corporation (PetroCom License) to Broadpoint Wireless License Co., LLC (Broadpoint Wireless License). Pursuant to the terms of an Agreement and Plan of Merger executed on April 13, 2010, PetroCom License will first merge with and into its 100% direct parent, PetroCom, LLC, with PetroCom LLC being the surviving entity. Next, PetroCom, LLC will merge with and into Broadpoint Wireless Merger-Sub LLC, with Broadpoint Wireless Merger-Sub LLC being the surviving entity. Finally, Broadpoint Wireless Merger-Sub LLC will assign the international section 214 authorization, ITC-214-19980226-00151, to its wholly-owned subsidiary, Broadpoint Wireless License. Broadpoint Wireless Merger-Sub LLC is a direct, wholly-owned subsidiary of Broadpoint Wireless, LLC, which in turn is a wholly-owned subsidiary of Broadpoint Holdco, Inc. Alta Communications IX, L.P. is the 100% owner of Broadpoint Holdco, Inc. Alta Communications IX Managers Limited Partnership is the general partner of Alta Communications IX, L.P. and Alta Communications IX Managers LLC is the general partner of Alta Communications IX Managers Limited Partnership. Timothy L. Dibble and Brian W. McNeil, both U.S. citizens, are the managing members of Alta Communications IX Managers LLC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20100521-00202 E Global Capacity Holdco, LLC Assignment Grant of Authority Date of Action: 06/02/2010 Current Licensee: Global Capacity Group, Inc. FROM: Global Capacity Group, Inc. TO: Global Capacity Holdco, LLC Notification filed May 21, 2010 of the pro forma assignment of international section 214 authorization, ITC-214-20070410-00137, held by Global Capacity Group, Inc. (GCG), to Global Capacity Holdco LLC (Holdco), effective May 13, 2010. Pursuant to the terms of an Assignment and Assumption of FCC Authorizations agreement dated May 13, 2010, GCG assigned its international section 214 authorization to Holdco. GCG is a wholly-owned direct subsidiary of Capital Growth Systems, Inc. (CGSI), and CGSI is the sole member of Holdco. ITC-ASG-20100521-00203 E Global Capacity Holdco, LLC Assignment Grant of Authority Date of Action: 06/02/2010 Current Licensee: Global Capacity Direct, LLC FROM: Global Capacity Direct, LLC TO: Global Capacity Holdco, LLC Notification filed May 21, 2010 of the pro forma assignment of international section 214 authorization, ITC-214-20050331-00136, held by Global Capacity Direct LLC (GCD), to Global Capacity Holdco LLC (Holdco), effective May 13, 2010. Pursuant to the terms of an Assignment and Assumption of FCC Authorizations agreement dated May 13, 2010, GCD assigned its international section 214 authorization to Holdco. GCD is a wholly-owned direct subsidiary of Capital Growth Systems, Inc. (CGSI), and CGSI is the sole member of Holdco. ITC-ASG-20100521-00204 E Southeastern Indiana Rural Telephone Coop Inc Assignment Grant of Authority Date of Action: 06/02/2010 Current Licensee: SEI Data Inc. FROM: SEI Data Inc. TO: Southeastern Indiana Rural Telephone Coop Inc Notification filed May 21, 2010, of the pro forma assignment of international section 214 authorization, ITC-214-19981216-00896, held by SEI Data, Inc. (SEI Data), to its 100 percent parent Southeastern Indiana Rural Telephone Coop Inc. (Southeastern), effective November 9, 2009. Upon closing and pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h), SEI Data will continue providing international services pursuant to international section 214 authorization, ITC-214-19981216-00896, now held by its parent Southeastern. Page 7 of 12

ITC-T/C-20100319-00114 E RCN BecoCom LLC Transfer of Control Grant of Authority Date of Action: 05/21/2010 Current Licensee: RCN BecoCom LLC FROM: RCN Corporation TO: Yankee Cable Acquisition, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-19971027-00661, held by RCN-BecoCom, LLC from RCN Corporation (RCN) to Yankee Cable Acquisition, LLC (Yankee Cable). RCN Corporation (RCN), Yankee Cable Acquisition, LLC (Yankee Cable), and Yankee Metro Parent, Inc. (Yankee Metro) entered into an Agreement and Plan of Merger (Merger Agreement) on March 5, 2010, under which Yankee Cable and Yankee Metro will acquire control of RCN and its subsidiaries. The transaction will be accomplished through a series of steps, including a preliminary corporate reorganization that will allocate certain assets to appropriate RCN subsidiaries. As part of that reorganization, RCN-BecoCom Inc., a wholly-owned subsidiary of RCN, will be merged into RCN-BecoCom LLC with RCN BecoCom LLC being the surviving entity. RCN BecoCom LLC will then become a subsidiary of RCN Telecom Services, LLC, a newly formed wholly-owned subsidiary of RCN. Subsequent to the reorganization, Yankee Cable will indirectly purchase from RCN all of its ownership interest in RCN Telecom Services, LLC, thereby gaining control of RCN-BecoCom LLC. Yankee Cable will be an indirect wholly-owned subsidiary of Yankee Cable Partners, LLC, which in turn will be majority owned by ABRY Partners VI, L.P. (ABRY Partners). ABRY Partners will hold all the voting interests in Yankee Cable Partners. The sole general partner of ABRY Partners is ABRY VI Capital Partners, L.P. (ABRY VI CP). The sole general partner of ABRY VI CP is ABRY VI Capital Investors, LLC (ABRY VI CI). The sole owner of ABRY VI CI is Royce Yudkoff, U.S. citizen, who ultimately controls ABRY Partners. No other entity or individual will hold direct or indirect 10 percent or greater equity or voting interest in Yankee Cable or RCN-BecoCom LLC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100319-00115 E RCN Telecom Services of Illinois, LLC Transfer of Control Grant of Authority Date of Action: 05/21/2010 Current Licensee: RCN Telecom Services of Illinois, LLC FROM: RCN Corporation TO: Yankee Cable Acquisition, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-19980731-00532, held by RCN Telecom Services of Illinois LLC (RCN TSI), from RCN Corporation (RCN) to Yankee Cable Acquisition, LLC (Yankee Cable). RCN Corporation (RCN), Yankee Cable Acquisition, LLC (Yankee Cable), and Yankee Metro Parent, Inc. (Yankee Metro) entered into an Agreement and Plan of Merger (Merger Agreement) on March 5, 2010, under which Yankee Cable and Yankee Metro will acquire control of RCN and its subsidiaries. The transaction will be accomplished through a series of steps, including a preliminary corporate reorganization that will allocate certain assets to appropriate RCN subsidiaries. As part of that reorganization, RCN TSI, a wholly-owned subsidiary of RCN, will become a subsidiary of RCN Telecom Services, LLC, a newly formed wholly-owned subsidiary of RCN. Subsequent to the reorganization, Yankee Cable will indirectly purchase from RCN all of its ownership interest in RCN Telecom Services, LLC, thereby gaining control of RCN TSI. Yankee Cable will be an indirect wholly-owned subsidiary of Yankee Cable Partners, LLC, which in turn will be majority owned by ABRY Partners VI, L.P. (ABRY Partners). ABRY Partners will hold all the voting interests in Yankee Cable Partners. The sole general partner of ABRY Partners is ABRY VI Capital Partners, L.P. (ABRY VI CP). The sole general partner of ABRY VI CP is ABRY VI Capital Investors, LLC (ABRY VI CI). The sole owner of ABRY VI CI is Royce Yudkoff, U.S. citizen, who ultimately controls ABRY Partners. No other entity or individual will hold direct or indirect 10 percent or greater equity or voting interest in Yankee Cable or RCN TSI. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 8 of 12

ITC-T/C-20100319-00116 E RCN New York Communications, LLC Transfer of Control Grant of Authority Date of Action: 05/21/2010 Current Licensee: RCN New York Communications, LLC FROM: RCN Corporation TO: Yankee Metro Parent, Inc. Application filed for consent to the assignment of international section 214 authorization, ITC-214-20001128-00698, held by RCN New York Communications LLC (RCN NY Communications), from RCN Corporation (RCN), its 100 percent direct parent, to Yankee Metro Parent, Inc. (Yankee Metro). RCN Corporation (RCN), Yankee Cable Acquisition, LLC (Yankee Cable), and Yankee Metro entered into an Agreement and Plan of Merger (Merger Agreement) on March 5, 2010, under which Yankee Cable and Yankee Metro will acquire control of RCN and its subsidiaries. Pursuant to the Merger Agreement, Yankee Metro Merger Sub. Inc., a wholly-owned subsidiary of Yankee Metro, will merge into RCN with RCN being the surviving entity. Thus, RCN NY Communications will become an indirect wholly-owned subsidiary of Yankee Metro. Yankee Metro will be a direct wholly-owned subsidiary of Yankee Metro Partners, LLC, which in turn will be majority owned by ABRY Partners VI, L.P. (ABRY Partners) and ABRY Senior Equity III, L.P. ABRY Partners will hold all the voting interests in Yankee Metro Partners. The sole general partner of ABRY Partners is ABRY VI Capital Partners, L.P. (ABRY VI CP). The sole general partner of ABRY VI CP is ABRY VI Capital Investors, LLC (ABRY VI CI). The sole owner of ABRY VI CI is Royce Yudkoff, U.S. citizen, who ultimately controls ABRY Partners. No other entity or individual will hold direct or indirect 10 percent or greater equity or voting interest in Yankee Metro or RCN NY Communications. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100319-00119 E STARPOWER COMMUNICATIONS LLC Transfer of Control Grant of Authority Date of Action: 05/21/2010 Current Licensee: STARPOWER COMMUNICATIONS, LLC FROM: RCN Corporation TO: Yankee Cable Acquisition, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-19980116-00024 (Old File No. ITC-98-065), held by Starpower Communications LLC (Starpower), from RCN Corporation (RCN) to Yankee Cable Acquisition, LLC (Yankee Cable). RCN Corporation (RCN), Yankee Cable Acquisition, LLC (Yankee Cable), and Yankee Metro Parent, Inc. (Yankee Metro) entered into an Agreement and Plan of Merger (Merger Agreement) on March 5, 2010, under which Yankee Cable and Yankee Metro will acquire control of RCN and its subsidiaries. The transaction will be accomplished through a series of steps, including a preliminary corporate reorganization that will allocate certain assets to appropriate RCN subsidiaries. As part of that reorganization, Starpower, a wholly-owned indirect subsidiary of RCN, will become a subsidiary of RCN Telecom Services, LLC, a newly formed wholly-owned subsidiary of RCN. Subsequent to the reorganization, Yankee Cable will indirectly purchase from RCN all of its ownership interest in RCN Telecom Services, LLC, thereby gaining control of Starpower. Yankee Cable will be an indirect wholly-owned subsidiary of Yankee Cable Partners, LLC, which in turn will be majority owned by ABRY Partners VI, L.P. (ABRY Partners). ABRY Partners will hold all the voting interests in Yankee Cable Partners. The sole general partner of ABRY Partners is ABRY VI Capital Partners, L.P. (ABRY VI CP). The sole general partner of ABRY VI CP is ABRY VI Capital Investors, LLC (ABRY VI CI). The sole owner of ABRY VI CI is Royce Yudkoff, U.S. citizen, who ultimately controls ABRY Partners. No other entity or individual will hold direct or indirect 10 percent or greater equity or voting interest in Yankee Cable or Starpower. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 9 of 12

ITC-T/C-20100325-00130 E Nevada Utilities, Inc. d/b/a Nevada Telephone Transfer of Control Grant of Authority Date of Action: 05/28/2010 Current Licensee: Nevada Utilities, Inc. d/b/a Nevada Telephone FROM: Nevada Telecom Solutions TO: BroadRiver, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20090219-00095, held by Nevada Utilities Inc. d/b/a Nevada Telephone and Excella Communications (Nevada Utilities), from its 100% parent Nevada Telecom Solutions, Inc. (Nevada Telecom), to BroadRiver, Inc. (BroadRiver). Pursuant to the terms of a Stock Purchase Agreement, BroadRiver will acquire from Nevada Telecom all of the outstanding stock of, and assume the debts and liabilities of, Nevada Utilities including all control and interest in Nevada Utilities, and Nevada Utilities will be a wholly-owned subsidiary of BroadRiver. The following individual and entity hold a 10 percent or greater ownership interest in BroadRiver: Michael Oken, a U.S. citizen (65%); H.K.L., L.C. (35%), a privately held limited liability company that is wholly owned by Katrin Sheehan, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100520-00207 E Cameron Communications, LLC Transfer of Control Grant of Authority Date of Action: 06/02/2010 Current Licensee: Cameron Communications, LLC FROM: William L. Henning 2008 Grantor Retained Annuity Trust, Lena B. Henning, Trustee TO: William L Henning Jr. Notification filed May 20, 2010, of the pro forma transfer of international section 214 authorization, ITC-214-20100317-00105, held by Cameron Communications, LLC (Cameron), from William L. Henning, Sr. 2008 Grantor Retained Annuity Trust, to his sons William L. Henning Jr. and John A Henning, Sr., who also held membership unit interests in Cameron. Upon closing, the member equity interests in Cameron are as follows: William L. Henning, Jr. (33.33%); John A. Henning, Sr. (33.33%); Thomas G. Henning, Trustee, Henning Retained Annuity Trust (20.19%); Thomas G. Henning (13.14%). William L. Henning, Sr. continues to hold all voting rights for the Cameron membership units pursuant to a December 18, 2007, Voting Trust Agreement. Dismissal ISP-PDR-20100326-00004 PetroCom License Corporation By letter filed May 19, 2010, Applicant notified the Commission of the withdrawal of its Petition for Declaratory Ruling. ITC-214-20090601-00289 BBG Global A.G. By letter filed May 25, 2010, Applicant notified the Commission of its request for dismissal of its international section 214 application. INFORMATIVE ITC-214-20080305-00123 Hill Country Telephone Cooperative, Inc. By letter filed May 28, 2010, Applicant notified the Commission that the following wholly-owned subsidiary may provide international telecommunications service under the international section 214 authorization held by Hill Country Telephone Cooperative, Inc., ITC-214-20080305-00123, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): Hill Country Telecommunications, LLC d/b/a Hill Country Long Distance. ITC-214-20090515-00225 CP Telecom Inc. d/b/a Enventis By letter filed May 19, 2010, Applicant notified the Commission that Computer Pro Inc. d/b/a CP Telecom has changed its name to CP Telecom Inc. d/b/a Enventis. SURRENDER ITC-214-19930419-00064 CIMCO Communications, Inc. By letter filed May 21, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. Page 10 of 12

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 11 of 12

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 12 of 12


Document Created: 2010-06-02 17:39:09
Document Modified: 2010-06-02 17:39:09
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