Public Notice TEL01433

International Telecommunications

Action Taken Public Notice

2010-06-17

FCC.report > IB > Public Notices > TEL01433

28 Filings Included [expand]

IBFS_PN_821321

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. 10-1083 Report No. TEL-01433 Thursday June 17, 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 7

ISP-PDR-20100514-00009 E Vizada, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 06/16/2010 Vizada Inc. (Vizada or "Petitioner") requests that the Commission revise Vizada's existing declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), ISP-PDR-20080501-00011 (see 25 FCC Rcd 2029 (IB 2010)), to reflect two proposed changes in ownership. First, a pro forma transaction is planned whereby a majority of the shares of a Vizada parent, MobSat Group Holdings S.a.r.l. (MobSat Group), would be transferred to a new holding company, Chrysaor S.a.r.l. (Chrysaor). Second, Bruno Ducharme, a Canadian citizen who holds interests in MobSat Group directly and indirectly, through MobSat Management S.a.r.l. (MobSat Management), would increase his aggregate holdings as a result of an increased interest in MobSat Management. Vizada, a Delaware corporation, is indirectly wholly owned by MobSat Group through a series of companies organized in the United States, Norway and The Netherlands. MobSat Group is organized in Luxembourg and its largest shareholders are: 1) Apax France VI FCPR (Apax), a French entity owning 51.9% equity and voting interests; 2) Altamir Amboise SCA (Altamir Amboise) a French entity owning 20.2% equity and voting interests; 3) MobSat Management, a Luxembourg entity owning 9.3% equity and voting interests; and 4) Apax Parallel Investment V, L.P. (API V), a Delaware entity owning 15.4% equity and voting interests. The remaining shares of MobSat Group are held by Michael Collins (a citizen of the United Kingdom) (1.2%); the Glenridge Trust (an entity organized in the United Kingdom) (1.2%); Bruno Ducharme (0.9%); and Bertrand Pivin (a citizen of France) and MobSat Gerance (an entity organized in Luxembourg) (each of which holds one share that constitutes less than .01%). Under the ownership structure for which Petitioner now seeks approval, the direct interests in MobSat Group would be held by Chrysaor (88.3%); MobSat Management (9.3%); Michael Collins (1.2%); the Glenridge Trust (1.2%); Bertrand Pivin and MobSat Gerance (each with one share constituting less than .01%). Chrysaor would be directly held by Apax France (57.1%); Altamir Amboise (22.2%); API V (16.9%); Bruno Ducharme (1%); and a new investor (2.8%). The holders of interests in MobSat Management would be Apax France (17.7%); Altamir Amboise (6.9%); Bruno Ducharme (15.0%); other individuals involved in the management of Vizada and its affiliates who are from World Trade Organization (WTO) Member countries (Norway, Sweden, the United States, Belgium, the United Kingdom, France and the Netherlands) (60.4%); and MobSat Gerance (less than .01%). Thus, the most significant ultimate stakeholders in MobSat Group would continue to be: Apax France (an aggregate 52.1%); Altamir Amboise (an aggregate 20.3%); and API V (14.9%). Pursuant to the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that it is in the public interest to revise the existing declaratory ruling under section 310(b)(4) to allow the indirect ownership in Vizada by Chrysaor (up to and including 88.3% equity and voting interests) and the increased ownership by Bruno Ducharme (up to and including 2.3% equity and voting interests), in addition to the foreign interests specifically approved in Vizada's existing declaratory ruling (see 25 FCC Rcd 2029 para. 12). Vizada may accept up to and including an additional aggregate 25 percent indirect foreign equity and/or voting interests from these foreign investors and other foreign investors without seeking prior Commission approval under section 310(b)(4) subject to two conditions. First, for purposes of calculating the aggregate 25 percent amount, Vizada shall include all equity and voting interests held by foreign investors of Altamir Amboise, with the exception of the limited partnership interests approved in its declaratory ruling (see 25 FCC Rcd 2029 paras. 12-13) as revised herein, and the foreign equity and voting interests held in GE (in the aggregate, 14.87% equity and 16.36% voting). Second, Vizada shall seek prior approval before any foreign individual or entity, with the exception of the specific interests approved in its declaratory ruling (see 25 FCC Rcd 2029 para. 12) as revised herein, acquires individually an indirect equity and/or voting interest in Vizada that exceeds 25 percent. We emphasize that, as a Commission licensee, Vizada has an affirmative duty to continue to monitor its foreign equity and voting interests and to calculate these interests consistent with the attribution principles enunciated by the Commission. Grant of this Petition is conditioned on the continued compliance of Vizada, Inc. and its direct and indirect owners with the November 29, 2001 Agreement with the Department of Justice, Department of Homeland Security and the Federal Bureau of Investigation, as amended. A copy of the agreement is publicly available at 25 FCC Rcd 2029, Appendix C. ITC-214-20091008-00440 E Netsmart 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: 06/15/2010 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-214-20100115-00019 E Madcom 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: 06/16/2010 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). 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ITC-214-20100204-00079 E Nextiva Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/15/2010 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-214-20100415-00156 E Technologycom, 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: 06/07/2010 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-214-20100427-00176 E Sonar Telecommunication 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: 06/11/2010 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-214-20100514-00196 E Q Prepaid 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: 06/11/2010 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-214-20100514-00198 E IDT 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: 06/11/2010 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-214-20100520-00205 E BG Spirit International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 06/11/2010 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-214-20100525-00214 E Keystone Wireless, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/11/2010 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 7

ITC-T/C-20100524-00255 P Liberty-Bell Telecom, LLC Transfer of Control Grant of Authority Date of Action: 06/16/2010 Current Licensee: Liberty-Bell Telecom, LLC FROM: Liberty-Bell, LLC TO: Liberty-Bell, LLC Notification filed May 24, 2010, of the pro forma transfer of control of international section 24 authorization, ITC-214-20080219-00066, held by Liberty-Bell Telecom, LLC (Liberty-Bell Telecom), a wholly-owned subsidiary of Liberty-Bell, LLC (Liberty-Bell). Prior to August 2009, Nigel Alexander held a 56% ownership interest in, and control of Liberty-Bell. In August and September 2009, Liberty-Bell issued additional membership interests, and Mr. Alexander's ownership declined to 49%. Mr. Alexander still has control of Liberty-Bell and Liberty-Bell Telecom. INFORMATIVE ITC-214-19980520-00334 Global Crossing North America, Inc. By letter filed April 16, 2010, Applicant notified the Commission that the following wholly-owned subsidiaries will provide international services under the international section 214 authorization held by Global Crossing North America, Inc., ITC-214-19980520-00334 (Old File No. ITC-98-384), pursuant to section 63.21 (h) of the Commission's rules, 47 CFR § 63.21(h): Budget Call Long Distance, Inc., Global Crossing Bandwidth, Inc., Global Crossing North American Networks, Inc., and Global Crossing Telecommunications, Inc. SURRENDER ITC-214-19850330-00003 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-85-126). ITC-214-19870727-00004 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-87-113). ITC-214-19870923-00003 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-87-179). ITC-214-19871028-00005 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-88-013). ITC-214-19880604-00006 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-88-152). ITC-214-19910730-00014 GLOBAL CROSSING BANDWIDTH, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-91-193). ITC-214-19920306-00129 Global Crossing North American Networks, Inc. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-91-077). ITC-214-19930505-00260 Global Crossing North American Networks, Inc. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-93-186). ITC-214-19931029-00200 BUDGET CALL LONG DISTANCE, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-94-031). ITC-214-19940518-00161 Global Crossing North American Networks, Inc. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-94-320). ITC-214-19940701-00202 Global Crossing North American Networks, Inc. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-94-381). ITC-214-19950415-00046 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-95-295). ITC-214-19960530-00220 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-96-285). Page 4 of 7

SURRENDER ITC-214-19960621-00265 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-96-334). ITC-214-19960715-00309 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-96-383). ITC-214-19960729-00351 GLOBAL CROSSING TELECOMMUNICATIONS, INC. By letter filed April 16, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-96-427). 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: 2010-06-16 17:57:19
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