Public Notice TEL01463S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2010-10-29

FCC.report > IB > Public Notices > TEL01463S

19 Filings Included [expand]

IBFS_PN_848419

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-01463S Friday October 29, 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-214-20100914-00364 E AGCOM Group 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-214-20100929-00395 E CLEAR CHOICE TELECOM 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-214-20101014-00406 E FPL FiberNet 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-214-20101015-00407 E Mosaic Networx 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-214-20101019-00402 E Archura 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-214-20101019-00408 E RCN New York Communications, LLC d/b/a Sidera Networks International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1). ITC-214-20101026-00422 E Universal Telesolutions, 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-214-20101026-00424 E Voxus Communications, 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). Page 2 of 5

ITC-ASG-20100922-00371 E Birch Telecom, Inc. Assignment Current Licensee: American Fiber Network, Inc. FROM: American Fiber Network, Inc. TO: Birch Telecom, Inc. Application filed for consent to the partial assignment of certain assets from American Fiber Network, Inc. (AFN) to Birch Telecom, Inc. (Birch Telecom), a wholly owned subsidiary of Birch Communications, Inc. (BCI). Pursuant to the terms of a Sale Agreement executed on September 3, 2010, BCI agreed to purchase certain assets, including customer accounts of AFN. Birch Telecom will receive customers in the states of Alabama, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oregon, South Carolina, Tennessee, Texas, Washington, and Wisconsin. Birch Telecom will provide international service to these newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19970701-00441. AFN will continue to provide international service pursuant to its international section 214 authorization, ITC-214-19990908-00561. Birch Telecom is a wholly-owned subsidiary of BCI, which is wholly-owned by Birch Communications Holdings, Inc. (Birch Holdings). Birch Holdings is owned by two individuals, Holcombe Green (66%), R. Kirby Godsey (32%), both U.S. citizens. The following wholly-owned subsidiaries of Birch Telecom provide international service under authority of the section 214 authorization held by Birch Telecom, ITC-214-19990701-00441, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): Birch Telecom of Missouri, Inc.; Birch Telecom of Kansas, Inc.; Birch Telecom of Texas LTD LLP; Birch Telecom of Oklahoma, Inc.; Birch Telecom of the South, Inc.; Birch Telecom of the Great Lakes, Inc.; Birch Telecom of the West, Inc.; Birch Communications of the Northeast, Inc.; IONEX Communications, Inc.; IONEX Communications South, Inc.; and, IONEX Communications North, Inc. ITC-ASG-20100922-00372 E Birch Communications, Inc. Assignment Current Licensee: American Fiber Network, Inc. FROM: American Fiber Network, Inc. TO: Birch Communications, Inc. Application filed for consent to the partial assignment of certain assets from American Fiber Network, Inc. (AFN) to Birch Communications, Inc. (BCI). Pursuant to the terms of a Sale Agreement executed on September 3, 2010, BCI agreed to purchase certain assets, including customer accounts of AFN. BCI will receive customers in the states of Massachusetts, New Jersey, New York, Pennsylvania, and Virginia. BCI will provide international service to these newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19970926-00584. AFN will continue to provide international service pursuant to its international section 214 authorization, ITC-214-19990908-00561. BCI is wholly-owned by Birch Communications Holdings, Inc. (Birch Holdings). Birch Holdings is owned by two individuals, Holcombe Green (66%), R. Kirby Godsey (32%), both U.S. citizens. Birch Communications of Virginia, Inc, a wholly-owned subsidiary of BCI, provides international service under authority of the section 214 authorization held by BCI, ITC-214-19990908-00561, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). ITC-T/C-20101001-00396 E Mainstreet Communications LLC Transfer of Control Current Licensee: Mainstreet Communications LLC FROM: The L. H. Arvig Trust TO: Arvig Enterprises, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070522-00202, held by Mainstreet Communications, LLC (Mainstreet), from its 100 percent indirect parent L.H. Arvig Trust (LHA Trust), to Arivig Enterprises, Inc. (Arvig). LHA Trust will sell all of the outstanding stock of diversiCOM, Inc. (DCI), the direct 100% parent of Mainstreet, to Arvig. DCI will thus become a direct wholly-owned subsidiary of Arvig and Mainstreet will be a wholly-owned indirect subsdiary of Arvig. Arvig is a privately held corporation whose stock is owned by various members of the Arvig family. Allen R. Arvig, a U.S. citizen, owns 29.3% of Arvig, with the other family members each having a less than 10% interest. The Arvig Employee Stock Ownership Plan has a 36.7% ownership interest. The sole trustee of the Arvig Employee Stock Ownership Plan is Horizon Bank, NA, a U.S.-organized entity. No other individual or entity has a 10 percent or greater direct or indirect equity or voting interest in Arvig. Page 3 of 5

ITC-T/C-20101006-00393 E DeltaCom, Inc. Transfer of Control Current Licensee: DeltaCom, Inc. FROM: ITC^DeltaCom, Inc. TO: EarthLink, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19940705-00204 (Old File No. ITC-94-385), held by DeltaCom, Inc., from its 100 percent indirect parent ITC^DeltaCom, Inc. (ITCD), to Earthlink, Inc. Pursuant to an Agreement and Plan of Merger, Eartlink will acquire the stock of ITCD and ITCD will become a direct, wholly-owned subsidiary of Earthlink. DeltaCom will thus become an indirect, wholly-owned subsidiary of Earthlink. Earthlink is a publicly traded corporation in which no individual or entity holds a ten percent or greater direct or indirect equity or voting interest. ITC-T/C-20101007-00397 E Business Telecom, Inc. Transfer of Control Current Licensee: Business Telecom, Inc. FROM: ITC^DeltaCom, Inc. TO: EarthLink, Inc. Application filed for consent to the transfer of control of international section 214 authorizations, ITC-214-19880422-00005 (Old File No. ITC-88-120), ITC-214-19950630-00042 (Old File No. ITC-95-404) and ITC-214-19950515-00043 (Old File No. ITC-95-402), held by Business Telecom, Inc. (Business Telecom), from its 100 percent indirect parent ITC^DeltaCom, Inc. (ITCD), to Earthlink, Inc. Pursuant to an Agreement and Plan of Merger, Eartlink will acquire the stock of ITCD and ITCD will become a direct, wholly-owned subsidiary of Earthlink. Business Telecom will thus become an indirect, wholly-owned subsidiary of Earthlink. Earthlink is a publicly traded corporation in which no individual or entity holds a ten percent or greater direct or indirect equity or voting interest. ITC-T/C-20101007-00398 E Interstate FiberNet, Inc. Transfer of Control Current Licensee: Interstate FiberNet, Inc. FROM: ITC^DeltaCom, Inc. TO: EarthLink, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19930727-00132 (Old File No. ITC-93-27), held by Interstate FiberNet, Inc. (IFN), from its 100 percent direct parent ITC^DeltaCom, Inc. (ITCD), to Earthlink, Inc. Pursuant to an Agreement and Plan of Merger, Eartlink will acquire the stock of ITCD and ITCD will become a direct, wholly-owned subsidiary of Earthlink. IFN will thus become an indirect, wholly-owned subsidiary of Earthlink. Earthlink is a publicly traded corporation in which no individual or entity holds a ten percent or greater direct or indirect equity or voting interest. ITC-T/C-20101013-00405 E LIFE VOICE, INC. Transfer of Control Current Licensee: LIFE VOICE, INC. FROM: Long Island Fiber Exchange, Inc. TO: RCN Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20080303-00093, held by Life Voice, Inc. (Life Voice), from its 100 percent parent Long Island Fiber Exchange, Inc. (Life), to RCN Corporation d/b/a Sidera Networks (Sidera). Pursuant to the terms of a letter of intent, Sidera NY Acquisition Corporation, a subsidiary of Sidera, will merge with and into Life, with Life emerging as the surviving entity. Upon closing, Life and Life Voice will become wholly owned direct and indirect subsidiaries of Sidera, respectively. Sidera is wholly owned by Yankee Metro Parent, Inc., which in turn is owned by Yankee Metro Partners, LLC (YMP). YMP is majority owned by ABRY Partners VI, L.P. (ABRY Partners VI), and ABRY Senior Equity III, L.P. (ABRY Senior Equity III). ABRY Partners VI, L.P., is the sole partner of ABRY Partners VI, which holds all voting interests in YMP. The sole general partner of ABRY VI Capital Partners, L.P., is ABRY VI Capital Investors, LLC (ABRY VI Capital Investors). The sole owner of ABRY VI Capital Investors is Royce Yudkoff, a U.S. citizen. Mr. Yudkoff ultimately controls the general partners of ABRY Partners VI, L.P., and ABRY, Senior Equity III. No other entity or individual holds directly or indirectly 10 percent or greater ownership interests in Yankee Metro Parent. INFORMATIVE ITC-214-20100813-00333 Downplay, Inc. This application was removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules effective October 15, 2010. ITC-214-20100914-00361 OnGo Tel USA, Inc. This application was removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules effective October 15, 2010. ITC-214-20100921-00379 Ascentia Communications LLC This application was removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules effective October 15, 2010. Page 4 of 5

INFORMATIVE ITC-T/C-20100923-00385 STi Prepaid, LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. 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: 2010-10-28 17:27:01
Document Modified: 2010-10-28 17:27:01
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