Public Notice TEL01434S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2010-06-11

FCC.report > IB > Public Notices > TEL01434S

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IBFS_PN_821746

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 Report No. TEL-01434S Friday June 11, 2010 STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICATIONS (47 C.F.R. § 63.18); SECTION 310(B)(4) REQUESTS Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in Section 63.12 of the Commission's rules, 47 C.F.R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. Communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 5

ITC-214-20091112-00483 E MAMADOU D DIAGNE ( d/b/a KHLA ) International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-214-20100412-00154 E SoTel Systems, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-214-20100526-00216 E Connect Your Country LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-214-20100526-00217 E TRUE Wireless, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-214-20100601-00221 E Ogro Carrier, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-214-20100603-00225 E Unison Communications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-214-20100609-00228 E Barakah Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-AMD-20100524-00206 P Liberty-Bell Telecom, LLC Amendment Amendment to ITC-214-20080219-00066 to correct the ownership information. At the time the application was filed, Liberty-Bell Telecom, LLC was a wholly-owned subsidiary of Multi-Link LLC (MLT) (MLT is now known as Liberty-Bell, LLC). At that time, the following individuals held 10 percent or greater ownership interests in MLT: Nigel Alexander (a citizen of the United Kingdom at that time) (70%); Thomas G. Martino (14%); Robert S. Unger (10%). ITC-ASG-20100524-00210 E Liberty-Bell Telecom, LLC Assignment Current Licensee: Impact Telecom, Inc. FROM: Impact Telecom, Inc. TO: Liberty-Bell Telecom, LLC Application for consent to the partial assignment of assets held by Impact Telecom, Inc. (ITI) to Liberty-Bell Telecom, LLC (Liberty-Bell Telecom). On September 22, 2009, without prior Commission consent, Liberty-Bell Telecom acquired certain customers of ITI located in the states of Colorado, Utah, and New Mexico. Upon closing, Liberty-Bell Telecom began providing international service to its newly acquired customers pursuant to its own international section 214 authorization, ITC-214-20080219-00066. ITI continued to provide international service to its remaining customers pursuant to its international section 214 authorization, ITC-214-20080219-00065. Liberty-Bell Telecom is a wholly-owned subsidiary of Liberty-Bell, LLC. At that time, the following individuals held 10 percent or greater ownership interests in MLT: Nigel Alexander (a citizen of the United Kingdom at that time) (56%), and Thomas G. Martino (12%). No other individual or entity had a ten percent or greater direct or indirect equity or voting interest in MLT. Page 2 of 5

ITC-ASG-20100524-00213 P Liberty-Bell Telecom, LLC Assignment Current Licensee: Liberty-Bell Telecom, LLC FROM: Liberty-Bell Telecom, LLC TO: Affinity Telecom, Inc. Application for consent to the partial assignment of assets held by Affinity Telecom, Inc. (Affinity) to Liberty-Bell Telecom, LLC (Liberty-Bell Telecom). On October 17, 2008, without prior Commission consent, Liberty-Bell Telecom acquired the customers of Affinity. Upon closing, Liberty-Bell Telecom began providing international service to its newly acquired customers pursuant to its own international section 214 authorization, ITC-214-20080219-00066. Affinity retained its international section 214 authorization, ITC-214-20020416-00186. Liberty-Bell Telecom is a wholly-owned subsidiary of Liberty-Bell, LLC. At that time, the following individuals held 10 percent or greater ownership interests in MLT: Nigel Alexander (a citizen of the United Kingdom at that time) (56%), and Thomas G. Martino (12%). No other individual or entity had a ten percent or greater direct or indirect equity or voting interest in MLT. ITC-ASG-20100526-00218 E GC Pivotal, LLC Assignment Current Licensee: Global Capacity Holdco, LLC FROM: Global Capacity Holdco, LLC TO: GC Pivotal, LLC Application filed for consent to the assignment of international section 214 authorizations, ITC-214-20050331-00136 and ITC-214-20070410-00137, held by Global Capacity Holdco, LLC (GC Holdco) to GC Pivotal, LLC (Pivotal), a wholly-owned subsidiary of Pivotal Global Capacity, LLC (Pivotal GC). Pursuant to the terms of a series of Pledge Agreements and a Term Loan and Security Agreement (Agreements), dated November 19, 2008, Pivotal GC holds the rights under the agreements to foreclose on the telecommunications assets held by GC Holdco, including its international section 214 authorizations. Pivotal GC is wholly owned by FFN Investments, LLC (FFN Investments). FFN is owned as follows: Pivotal Capital Corporation (10%); Najafi 2006 Irrevocable Trust, Richard Garner, trustee, and F. Francis Najafi, beneficiary, both U.S. citizens (60%); F. Francis Najafi Family Trust, F. Francis Najafi, trustee, and his children, beneficiaries (30% direct and 10% indirect through Pivotal Capital Corporation). ITC-ASG-20100604-00226 E STX Wireless, LLC Assignment Current Licensee: Youghiogheny Communications-Texas LLC FROM: Youghiogheny Communications-Texas LLC TO: STX Wireless, LLC Application for consent to the partial assignment of assets held by Youghiogheny Communications - Texas, LLC (YCT), a wholly-owned subsidiary of Youghiogheny Communications, LLC (Youghiogheny Communications), to STX Wireless, LLC (STX Wireless), an indirect subsidiary of Leap Wireless International, Inc. (Leap). The parties propose to form a joint venture that will be controlled by Leap. Under the agreement, Cricket Communications, Inc. (Cricket), a wholly-owned subsidiary of Leap, and YCT and its affiliates will contribute certain assets, including international section 214 authorization, to STX Wireless and its subsidiaries. Specifically, YCT will assign assets to STX Wireless in the following markets in Texas: Brownsville-Harlingen, Brownwood, Laredo, McAllen, and San Antonio. STX Wireless will provide international service to its newly acquired customers pursuant to international section 214 authorization, ITC-214-20100604-00227. YCT will retain its operations in Corpus Christi, Texas, and will continue to provide international service pursuant to its existing international section 214 authorization, ITC-214-20100326-00126. Upon consummation, STX Wireless will be 75.75% owned and controlled by Cricket, which in turn is 100 percent owned and controlled by Leap. The remaining 24.25% of STX Wireless will be owned by Youghiogheny Communications, which is in turn wholly owned and controlled by Paul M. Posner. The following entities and individual hold 10 percent or greater direct or indirect ownership interests in Leap: MHR Institutional Partners IIA LP (MHR LP) (direct 10.9%); MHR Institutional Advisors II LLC (Advisors LLC), the general partner of MHR LP (indirect 15.2% interest through MHR LP and other limited partnerships that hold LEAP stock); MHR Fund Management LLC (Management LLC) (indirect 20% interest through MHR LP and other limited partnerships that hold LEAP stock); Dr. Mark H. Rachesky, the Managing Member of Advisors LLC and Management LLC) (indirect 20.1% interest); T. Rowe Price Associates, Inc. (indirect 10.2%); and, Thornburg Investment Management, Inc. (indirect 10.1%). No other entity or individual holds 10 percent or greater direct or indirect equity or voting interest in Leap. ITC-T/C-20100426-00172 E Liberty-Bell Telecom, LLC Transfer of Control Current Licensee: Liberty-Bell Telecom, LLC FROM: Nigel Alexander TO: Brenda Alexander Application for consent to the transfer of control of international section 214 authorization, ITC-214-20080219-00066, held by Liberty-Bell Telecom, LLC (Liberty-Bell Telecom), from Nigel Alexander to Brenda Alexander. Liberty-Bell Telecom is a wholly-owned subsidiary of Liberty-Bell LLC. Mr. Alexander holds a 48% and controlling interest in Liberty-Bell LLC. Mr. Alexander will transfer his interest in Liberty-Bell LLC, and thus control of Liberty-Bell Telecom, to Ms. Alexander. The only other 10 percent or greater ownership interest in Liberty-Bell will remain with Thomas G. Martino (11%). No other entity or individual will hold 10 percent or greater direct or indirect equity or voting interest in Liberty-Bell LLC or Liberty-Bell Telecom. Page 3 of 5

ITC-T/C-20100524-00208 E Liberty-Bell Telecom, LLC Transfer of Control Current Licensee: Liberty-Bell Telecom, LLC FROM: Liberty-Bell Telecom, LLC TO: Liberty-Bell, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-20080219-00066, held by Liberty-Bell Telecom, LLC (Liberty-Bell Telecom) to Multi-Link Telecom, LLC (MLT) (MLT is now known as Liberty-Bell, LLC). On September 16, 2006, without prior Commission consent, MLT acquired Liberty-Bell Telecom from its existing shareholders, and Liberty-Bell Telecom became a wholly-owned subsidiary of MLT. At that time, the following individuals held 10 percent or greater ownership interests in MLT: Nigel Alexander (a citizen of the United Kingdom at that time) (70%); Thomas G. Martino (14%); Robert S. Unger (10%). ITC-T/C-20100527-00219 E ITS Telecommunications Systems, Inc. Transfer of Control Current Licensee: ITS Telecommunications Systems, Inc. FROM: Robert M. Post Marital Trust dated April 6, 1999 TO: Jeffrey S Leslie Application for consent to the transfer of control of international section 214 authorization, ITC-214-19940114-00001, held by ITS Telecommunications Systems, Inc. (ITS), a wholly-owned subsidiary of Postco, Inc. (Postco), from the Robert M. Post Marital Trust, dated April 6, 1999 (Trust) to Jeffrey S. Leslie. Mr. Leslie will purchase all of the issued and outstanding stock of Postco from the Trust, and will thus control ITS. ITC-T/C-20100527-00220 E Midcontinent Communications Transfer of Control Current Licensee: Midcontinent Communications FROM: Estate of N. L. Bentson TO: Midcontinent Media, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-20010606-00327, held by Midcontinent Communications (Midcontinent), from the Estate of N.L. Bentson (the Estate) to Midcontinent Media, Inc. (MMI). The transaction will be accomplished in two contemporaneous steps: first, the Estate will transfer its ownership interest in MMI (approximately 95%) to the N.L. Bentson Revocable Trust (the Trust), and immediately thereafter, MMI will redeem all of the stock held by the Trust as well as certain stock currently held by Patrick McAdaragh, president of MMI. Upon completion of the redemptions of the MMI stock, the three executives of MMI, Patrick McAdaragh, Steven Grosser and Richard Busch, will each hold one-third of the common voting stock of MMI. MMI is, and will remain, the 100% owner of Midcontinent Communications Investor, LLC, which own 50% of Midcontinent and is the managing partner of Midcontinent. TCI-Midcontinent, LLC also owns 50% of Midcontinent. TCI-Midcontinent, LLC is wholly owned by Comcast Corporation, a publicly traded company in which no individual or entity holds 10 percent or greater ownership interests. ITC-T/C-20100604-00222 E Cameron Communications, LLC Transfer of Control Current Licensee: Cameron Communications, LLC FROM: John A Henning TO: Cameron Holdings of North Carolina, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-20100317-00105, held by Cameron Communications, LLC (Cameron) to Cameron Holdings of North Carolina, LLC (Cameron Holdings). Cameron Holdings will purchase all of the equity and voting interests in Cameron from the current owners of Cameron. Upon closing, Cameron will be 100% owned by Cameron Holdings. Cameron Holdings is wholly owned by American Broadband Acquisition - V, LLC, which in turn is wholly owned by American Broadband Communications, LLC (ABC). Patrick L. Eudy, holds 95.12% ownership interest in ABC. No other entity or individual will hold 10 percent or greater direct or indirect equity or voting interest in ABC or Cameron. INFORMATIVE ITC-214-20100507-00186 Voxbeam Telecommunications Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20100510-00181 Bocamex Corp. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20100513-00197 Vind Communications Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. Page 4 of 5

REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001-.2003. A current version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. Page 5 of 5


Document Created: 2010-06-10 17:13:45
Document Modified: 2010-06-10 17:13:45
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