Public Notice TEL01464

International Telecommunications

Action Taken Public Notice

2010-11-04

FCC.report > IB > Public Notices > TEL01464

19 Filings Included [expand]

IBFS_PN_849838

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. 10-2122 Report No. TEL-01464 Thursday November 4, 2010 INTERNATIONAL AUTHORIZATIONS GRANTED Section 214 Applications (47 C.F.R. § 63.18); Section 310(b)(4) Requests The following applications have been granted pursuant to the Commission’s streamlined processing procedures set forth in Section 63.12 of the Commission’s rules, 47 C.F.R. § 63.12, other provisions of the Commission’s rules, or procedures set forth in an earlier public notice listing applications accepted for filing. Unless otherwise noted, these grants authorize the applicants (1) to become a facilities-based international common carrier subject to 47 C.F.R. § 63.22; and/or (2) to become a resale-based international common carrier subject to 47 C.F.R. § 63.23; or (3) to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b)(4). THIS PUBLIC NOTICE SERVES AS EACH NEWLY AUTHORIZED CARRIER'S SECTION 214 CERTIFICATE. It contains general and specific conditions, which are set forth below. Newly authorized carriers should carefully review the terms and conditions of their authorizations. Failure to comply with general or specific conditions of an authorization, or with other relevant Commission rules and policies, could result in fines and forfeitures. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules in regard to the grant of any of these applications may be filed within thirty days of this public notice (see Section 1.4(b)(2)). An updated version of Sections 63.09–.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. For additional information, please contact the FCC Reference and Information Center, Room CY-A257, 445 12th Street SW, Washington, D.C. 20554, (202) 418-0270. ITC-214-20100706-00273 E PENNYVOX LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/03/2010 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-214-20100808-00321 E SIPPIX, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 11/03/2010 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 1 of 9

ITC-214-20101013-00401 E Liquid Assets Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 10/29/2010 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-ASG-20100922-00382 E Redwood LD Acquisition, Inc. Assignment Grant of Authority Date of Action: 10/29/2010 Current Licensee: Redwood Long Distance Company FROM: Redwood Long Distance Company TO: Redwood LD Acquisition, Inc. Application filed for consent to the assignment of assets, including international section 214 authorization, ITC-214-19940401-00125 (Old File No. ITC-94-255), held by Redwood Long Distance Company, Inc. (Redwood LD), a wholly-owned subsidiary of Redwood County Telephone Company (Redwood), to Redwood LD Acquisition, Inc. (New Redwood LD), a newly formed, wholly-owned subsidiary of Arvig Enterprises, Inc. (Arvig). New Redwood LD will acquire, through a sale and conveyance, all of the assets of Redwood LD, including international section 214 authorization, ITC-214-19940401-00125. Arvig is a privately held corporation whose stock is owned by various members of the Arvig family. The following individual and entity hold 10 percent or greater ownership interest in Arvig: 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 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. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20101022-00423 E TerreStar License Inc., Debtor-in-Possession Assignment Grant of Authority Date of Action: 11/03/2010 Current Licensee: TerreStar License Inc. FROM: TerreStar License Inc. TO: TerreStar License Inc., Debtor-in-Possession Notification filed October 22, 2010, of the pro forma assignment of international section 214 authorizations, ITC-214-20100513-00194 and ITC-214-20100513-00195, from TerreStar License Inc. (TerreStar) to TerreStar License, Inc. Debtor-in-Possession (TerreStar DIP), effective October 19, 2010. TerreStar filed voluntary petitions for reorganization under Chapter 11 of the U.S Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York, see In re TerreStar Networks, Inc. Case No. 10-15446 (SHL) (SDNY Oct. 19, 2010). Page 2 of 9

ITC-T/C-20100714-00287 E TVC Albany, Inc. Transfer of Control Consummated Date of Action: 10/25/2010 Current Licensee: TVC Albany, Inc. FROM: TVC Albany, Inc. TO: Tech Valley Holdings, LLC Application filed for consent to the transfer of control of international section 214 authorizations, ITC-214-19990825-00538 and ITC-214-20010209-00086 (see also Public Notice DA 02-1085 rel. May 9, 2002, ITC-T/C-20020307-00149 and ITC-T/C-20020307-00158), held by TVC Albany, Inc. (TVC), a privately held Delaware corporation, from its current shareholders to Tech Valley Holdings, LLC (Holdings and, together with TVC, the "Applicants"), a Delaware limited liability company. The parties contemplate a merger of TVC with TVC Merger Sub, Inc., a wholly-owned subsidiary of Holdings, with TVC emerging as the surviving entity. Upon closing, TVC will become a wholly-owned subsidiary of Holdings. Upon consummation, the following U.S.-organized entities will hold 10 percent or greater direct ownership interests in Holdings: Riverside Fund IV, L.P. (Riverside Fund IV) (approx. 60%-75%) and Riverside Fund IV Offshore, L.P. (Riverside Fund IV Offshore) (approx. 20%-25%). The merger agreement gives current TVC shareholders the right to roll over a portion of their interests from TVC to Holdings, although none of those shareholders will have 10 percent or greater ownership interest in Holdings. Final ownership interests will be determined upon closing and reported to the Commission within thirty (30) days of closing. The following U.S.-organized entities hold 10 percent or greater equity interests and/or general partnership interests in Riverside Fund: Riverside Partners IV, L.P. (1.50% general partnership interest); Yale University (Yale) (14.81%); Arkansas Teacher Retirement System (ATRS) (13.16%); West Virginia Investment Management Board (WVIMB) (13.16%). The following entities hold 10 percent or greater equity interests and/or general partnership interests in Riverside Fund IV Offshore: Riverside Partners IV, L.P. (1.50% general partnership interest); Ragunda, LLP (Ragunda), a Cayman Islands-organized entity (39.16%); Horsley Bridge IX, L.P. (Horsley Bridge), a U.S.-organized entity (19.57%); and BAE Systems Pension Funds Trustees Limited (BAE), a U.K.-organized entity (10.28%). The general partner of Riverside Partners IV, L.P. is Riverside Partners IV, LLC, a Delaware limited liability company. The sole members of Riverside Partners IV, LLC are David Belluck and Brian Guthrie, both of whom are U.S. citizens. Mr. Belluck holds an interest in Riverside Partners IV, LLC of greater than 50%, while Mr. Guthrie holds an interest of less than 50%. According to the Applicants, no other entity or individual will hold directly or indirectly 10 percent or greater equity or voting interests in Holdings or TVC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100722-00303 E Comcell, Inc. Transfer of Control Grant of Authority Date of Action: 10/25/2010 Current Licensee: Comcell, Inc. FROM: COMMUNITY TELEPHONE COMPANY, INC. TO: Hilliary Communications, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19981124-00825, held by Comcell, Inc. (Comcell), from the majority shareholders of Comcell's 100 percent parent, Community Telephone Company, Inc. (Community), to Hilliary Communications, LLC (Hilliary), an Oklahoma limited liability company. The parties contemplate that Hilliary will acquire majority interest in Community by the purchase of approximately 84.5% of Community's single class of issued and outstanding stock. Upon closing, Hilliary will become the direct and indirect majority interest holder in Community and Comcell, respectively. The following four individuals, all U.S. citizens, hold equal ownership interests in Hilliary: Douglas Joe Hilliary, Dustin Joe Hilliary, Edward E. Hilliary, Jr., and Michael Joe Hilliary. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100820-00342 E Tri-M communications, Inc.d.b.a. TMC Communications Transfer of Control Grant of Authority Date of Action: 10/29/2010 Current Licensee: Tri-M communications, Inc.d.b.a. TMC Communications FROM: John Marsh Revocable Trust TO: Estate of John Marsch Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19981218-00897, held by Tri-M Communications, Inc. d/b/a TMC Communications (TMC), from the John Marsch Revocable Trust (Marsch Trust) to the Estate of John Marsch (Marsch Estate). John Marsch controlled the Marsch Trust at all times and was the lifetime beneficiary of the trust. Upon the death of Mr. Marsch on March 17, 2006, the shares of TMC were transferred through the John D. Marsch Administrative Trust (Administrative Trust) directly to the Marsch Estate. The Applicants have not previously sought Commission consent for this involuntary transfer of control. The Marsch Estate is comprised of Michelle Marsch Cutlip and Melissa Marsch-Baker (through the Melissa Marsch-Baker Trust, administered by Michael E. Pfau, trustee), with each holding 50% of the shares. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 9

ITC-T/C-20100823-00343 E Tri-M communications, Inc.d.b.a. TMC Communications Transfer of Control Grant of Authority Date of Action: 10/29/2010 Current Licensee: Tri-M communications, Inc.d.b.a. TMC Communications FROM: Estate of John Marsch TO: 5LINX Enterprises Inc. DBA Globalinx Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19981218-00897, held by Tri-M Communications, Inc. d/b/a TMC Communications (TMC), from Estate of John Marsch (Marsch Estate) to 5LINX Enterprises Inc. d/b/a Globalinx (5LINX). Pursuant to the terms of a Stock Purchase Agreement executed by TMC and its stockholders with 5LINX, on July 6, 2010, 5LINX will purchase all of the issued and outstanding common stock of TMC from the stockholders. Upon closing, 5LINX will own 100% of the common stock of TMC and TMC will be a wholly-owned subsidiary of 5LINX The following individuals and entities, all U.S. citizens, hold 10 percent or greater ownership interests in 5LINX: Craig Jerabeck (22%), Jeb Tyler (22%), Jason Guck (22%), Shalam Investment Co. LLC (Shalam) (10%). Shalam is wholly owned by John Shalam. Trillium Lakefront Partners III, LP (Trillium LP) and Trillium Lakefront Partners III NY, LP (Trillium NY) each owns 7.5% interest in 5LINX. Trillium NY is wholly owned by the New York State Retirement Fund. TLP III GP NY, LLC (TLP GP NY) controls and acts as a general partner for Trillium NY. TLP III Managing GP, LLC (TLP III GP) controls and acts as general partner for Trillium LP. Joseph Harris owns a 12.5% interest and Trillium Fund Management, LLC (Trillium Fund) owns an 87.5% interest in both TLP GP NY and TLP III GP. Trillium Fund is wholly owned by Trillium Group LLC, which is owned equally by six (6) individual members: Kevin Phelps, Dennis DeLeo, Jose Coronas, Frank Strong, Robert Frame, and Chris O'Donnell (16.67% each). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100917-00373 E Talk America, Inc. Transfer of Control Grant of Authority Date of Action: 10/29/2010 Current Licensee: Talk America, Inc. FROM: Cavalier Telephone Corporation TO: PAETEC Holding Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19960119-00025 (Old File No. ITC-96-053), held by Talk America, Inc. (Talk America), from Cavalier Telephone Corporation (Cavalier) to PAETEC Holding Corporation (PAETEC). Talk America is an indirect wholly-owned subsidiary of Cavalier. Pursuant to the terms of an Agreement and Plan of Merger, dated September 12, 2010, and executed between PAETEC, Cairo Acquisition Corp. (MergerCo), an indirect wholly-owned subsidiary of PAETEC created to accomplish the transaction, Cavalier, and the Stockholder Representative, MergerCo will merge with and into Cavalier, with Cavalier being the surviving entity. Upon closing, Cavalier and Talk America will become wholly-owned indirect subsidiaries of PAETEC. PAETEC is a publicly traded corporation. The following U.S. entities hold 10 percent or greater direct or indirect ownership interests in PAETEC: Columbia Wanger Asset Management, L.P. (CWAM), an investment management company for various pensions and funds (10.7% collectively for its clients with no single client holding ten percent or more of the stock of PAETEC). Robert Mohn, a U.S. citizen, is the portfolio manager for all CWAM clients. Columbia Management Investment Advisor, LLC (CMIA) is the sole owner of CWAM. American Financial, Inc. (Ameriprise), a publicly traded corporation, is the direct 100 percent owner of CMIA. No other person or entity holds a ten percent or greater direct or indirect equity or voting interest in PAETEC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 4 of 9

ITC-T/C-20100917-00374 E The Other Phone Company, Inc. Transfer of Control Grant of Authority Date of Action: 10/29/2010 Current Licensee: The Other Phone Company, Inc. FROM: Cavalier Telephone Corporation TO: PAETEC Holding Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19980501-00289 (Old File No. ITC-98-336), held by The Other Phone Company, Inc. (TOPC), from Cavalier Telephone Corporation (Cavalier) to PAETEC Holding Corporation (PAETEC). TOPC is an indirect wholly-owned subsidiary of Cavalier. Pursuant to the terms of an Agreement and Plan of Merger, dated September 12, 2010, and executed between PAETEC, Cairo Acquisition Corp. (MergerCo), an indirect wholly-owned subsidiary of PAETEC created to accomplish the transaction, Cavalier, and the Stockholder Representative, MergerCo will merge with and into Cavalier, with Cavalier being the surviving entity. Upon closing, Cavalier and TOPC will become wholly-owned indirect subsidiaries of PAETEC. PAETEC is a publicly traded corporation. The following U.S. entities hold 10 percent or greater direct or indirect ownership interests in PAETEC: Columbia Wanger Asset Management, L.P. (CWAM), an investment management company for various pensions and funds (10.7% collectively for its clients with no single client holding ten percent or more of the stock of PAETEC). Robert Mohn, a U.S. citizen, is the portfolio manager for all CWAM clients. Columbia Management Investment Advisor, LLC (CMIA) is the sole owner of CWAM. American Financial, Inc. (Ameriprise), a publicly traded corporation, is the direct 100 percent owner of CMIA. No other person or entity holds a ten percent or greater direct or indirect equity or voting interest in PAETEC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100917-00375 E LDMI Telecommunications, Inc. Transfer of Control Grant of Authority Date of Action: 10/29/2010 Current Licensee: LDMI Telecommunications, Inc. FROM: Cavalier Telephone Corporation TO: PAETEC Holding Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19940517-00169 (Old File No. ITC-94-330), held by LDMI Telecommunications, Inc. (LDMI), from Cavalier Telephone Corporation (Cavalier) to PAETEC Holding Corporation (PAETEC). LDMI is an indirect wholly-owned subsidiary of Cavalier. Pursuant to the terms of an Agreement and Plan of Merger, dated September 12, 2010, and executed between PAETEC, Cairo Acquisition Corp. (MergerCo), an indirect wholly-owned subsidiary of PAETEC created to accomplish the transaction, Cavalier, and the Stockholder Representative, MergerCo will merge with and into Cavalier, with Cavalier being the surviving entity. Upon closing, Cavalier and LDMI will become wholly-owned indirect subsidiaries of PAETEC. PAETEC is a publicly traded corporation. The following U.S. entities hold 10 percent or greater direct or indirect ownership interests in PAETEC: Columbia Wanger Asset Management, L.P. (CWAM), an investment management company for various pensions and funds (10.7% collectively for its clients with no single client holding ten percent or more of the stock of PAETEC). Robert Mohn, a U.S. citizen, is the portfolio manager for all CWAM clients. Columbia Management Investment Advisor, LLC (CMIA) is the sole owner of CWAM. American Financial, Inc. (Ameriprise), a publicly traded corporation, is the direct 100 percent owner of CMIA. No other person or entity holds a ten percent or greater direct or indirect equity or voting interest in PAETEC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 5 of 9

ITC-T/C-20100917-00376 E Intellifiber Networks, Inc. Transfer of Control Grant of Authority Date of Action: 10/29/2010 Current Licensee: Intellifiber Networks, Inc. FROM: Cavalier Telephone Corporation TO: PAETEC Holding Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20020730-00389, held by Intellifiber Networks, Inc. (Intellifiber), from Cavalier Telephone Corporation (Cavalier) to PAETEC Holding Corporation (PAETEC). Intellifiber is an indirect wholly-owned subsidiary of Cavalier. Pursuant to the terms of an Agreement and Plan of Merger, dated September 12, 2010, and executed between PAETEC, Cairo Acquisition Corp. (MergerCo), an indirect wholly-owned subsidiary of PAETEC created to accomplish the transaction, Cavalier, and the Stockholder Representative, MergerCo will merge with and into Cavalier, with Cavalier being the surviving entity. Upon closing, Cavalier and Intellifiber will become wholly-owned indirect subsidiaries of PAETEC. PAETEC is a publicly traded corporation. The following U.S. entities hold 10 percent or greater direct or indirect ownership interests in PAETEC: Columbia Wanger Asset Management, L.P. (CWAM), an investment management company for various pensions and funds (10.7% collectively for its clients with no single client holding ten percent or more of the stock of PAETEC). Robert Mohn, a U.S. citizen, is the portfolio manager for all CWAM clients. Columbia Management Investment Advisor, LLC (CMIA) is the sole owner of CWAM. American Financial, Inc. (Ameriprise), a publicly traded corporation, is the direct 100 percent owner of CMIA. No other person or entity holds a ten percent or greater direct or indirect equity or voting interest in PAETEC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100917-00377 E Network Telephone Corporation Transfer of Control Grant of Authority Date of Action: 10/29/2010 Current Licensee: Network Telephone Corporation FROM: Cavalier Telephone Corporation TO: PAETEC Holding Corp. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19981228-00911, held by Network Telephone Corporation (NTC), from Cavalier Telephone Corporation (Cavalier) to PAETEC Holding Corporation (PAETEC). NTC is an indirect wholly-owned subsidiary of Cavalier. Pursuant to the terms of an Agreement and Plan of Merger, dated September 12, 2010, and executed between PAETEC, Cairo Acquisition Corp. (MergerCo), an indirect wholly-owned subsidiary of PAETEC created to accomplish the transaction, Cavalier, and the Stockholder Representative, MergerCo will merge with and into Cavalier, with Cavalier being the surviving entity. Upon closing, Cavalier and NTC will become wholly-owned indirect subsidiaries of PAETEC. PAETEC is a publicly traded corporation. The following U.S. entities hold 10 percent or greater direct or indirect ownership interests in PAETEC: Columbia Wanger Asset Management, L.P. (CWAM), an investment management company for various pensions and funds, (10.7% collectively for its clients with no single client holding ten percent or more of the stock of PAETEC). Robert Mohn, a U.S. citizen, is the portfolio manager for all CWAM clients. Columbia Management Investment Advisor, LLC (CMIA), is the sole owner of CWAM. American Financial, Inc. (Ameriprise), a publicly traded corporation, is the direct 100 percent owner of CMIA. No other person or entity holds a ten percent or greater direct or indirect equity of voting interest in PAETEC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100924-00384 E Villisca Farmers Telephone Company Transfer of Control Grant of Authority Date of Action: 10/29/2010 Current Licensee: Villisca Farmers Telephone Company FROM: Villisca Farmers Telephone Company TO: The Farmers Mutual Telephone Company of Stanton, Iowa Application filed for consent to the transfer of control of international section 214 authorization, ITC-21420080709-00340, held by Villisca Farmers Telephone Company (Villisca), from the current shareholders to The Farmers Mutual Telephone Company of Stanton, Iowa (FMTC). FMTC will purchase 100 percent of the issued and outstanding shares of common stock of Villisca. Upon closing, Villisca will become a wholly-owned subsidiary of FMTC. No individual or entity has an 10 percent or greater direct or indirect equity or voting interest in FMTC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 6 of 9

ITC-T/C-20100927-00383 E Cypress Communications Operating Company, LLC Transfer of Control Grant of Authority Date of Action: 10/06/2010 Current Licensee: Cypress Communications Operating Company, LLC FROM: Cypress Communications Operating Company, LLC TO: Cypress Communications, Inc. Notification filed September 27, 2010, of the pro forma transfer of control of international section 214 authorization, ITC-MOD-20051205-00515, held by Cypress Communications Operating Company, LLC (Cypress), effective September 6, 2010. Charles Ogburn, one of the two holders of voting stock of TechInvest Holding Company (THC), the indirect parent company of Cypress, assigned his voting stock to Ransom James, the other THC voting stock holder. Mr. Ogburn was, and Mr. James continues to be employees of Arcapita Bank, B.S.C. (c) (Arcapita), the indirect parent company of THC, and act at the direction of Arcapita. ITC-T/C-20101018-00416 E DIECA Communications, Inc. Transfer of Control Grant of Authority Date of Action: 11/03/2010 Current Licensee: DIECA Communications, Inc. FROM: CCGI Holding Corporation TO: CCGI Holdings, LLC Notification filed October 18, 2010, of the pro forma transfer of control of international section 214 authorization, ITC-214-20021126-00558, held by DIECA Communications Inc. (DIECA), from CCGI Holding Corporation (CCGI) to CCGI Holdings, LLC (CCGI Holdings), effective September 29, 2010. In an internal corporate restructuring, CCGI Holdings was inserted between CCGI and Platinum Equity, LLC, the parent of CCGI. CCGI Holdings has a 68% and controlling interest in CCGI. DIECA is a wholly-owned subsidiary of CCGI. ITC-T/C-20101018-00417 E Covad Communications Company Transfer of Control Grant of Authority Date of Action: 11/03/2010 Current Licensee: Covad Communications Company FROM: CCGI Holding Corporation TO: CCGI Holdings, LLC Notification filed October 18, 2010, of the pro forma transfer of control of international section 214 authorization, ITC-214-20021118-00544, held by COVAD Communications Company (COVAD), from CCGI Holding Corporation (CCGI) to CCGI Holdings, LLC (CCGI Holdings), effective September 29, 2010. In an internal corporate restructuring, CCGI Holdings was inserted between CCGI and Platinum Equity, LLC, the parent of CCGI. CCGI Holdings has a 68% and controlling interest in CCGI. COVAD is a wholly-owned subsidiary of CCGI. ITC-T/C-20101018-00419 E DSLnet Communications, LLC Transfer of Control Grant of Authority Date of Action: 11/03/2010 Current Licensee: DSLnet Communications, LLC FROM: CCGI Holding Corporation TO: CCGI Holdings, LLC Notification filed October 18, 2010, of the pro forma transfer of control of international section 214 authorizations, ITC-214-19990716-00434 and ITC-214-20001204-00708, held by DSLnet Communications LLC (DSLnet), from CCGI Holding Corporation (CCGI) to CCGI Holdings, LLC (CCGI Holdings), effective September 29, 2010. In an internal corporate restructuring, CCGI Holdings was inserted between CCGI and Platinum Equity, LLC, the parent of CCGI. CCGI Holdings has a 68% and controlling interest in CCGI. DSLnet is a wholly-owned subsidiary of CCGI. Page 7 of 9

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 8 of 9

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 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 47 C.F.R. § 63.22(c). Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice, DA 10-112, dated January 21, 2010, "Modification of Process to Accept Applications for Service to Cuba and Related Matters.") 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 9 of 9


Document Created: 2010-11-03 16:22:05
Document Modified: 2010-11-03 16:22:05
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