Public Notice TEL01486

International Telecommunications

Action Taken Public Notice

2011-03-10

FCC.report > IB > Public Notices > TEL01486

18 Filings Included [expand]

IBFS_PN_874150

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. 11-471 Report No. TEL-01486 Thursday March 10, 2011 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-214-20100111-00008 E Facecall 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: 03/09/2011 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-214-20100208-00081 E Flexenet Ltd International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/03/2011 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 1 of 6

ITC-214-20100331-00137 E Telax Voice Solutions, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/01/2011 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-214-20100719-00298 E Rules Telecomm, 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: 02/28/2011 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on February 28, 2011, by the Department of Justice (DOJ). Accordingly, we condition grant of the application on Rules Telecomm, LLC abiding by the commitments and undertakings contained in the February 7, 2011 Letter of Assurances (LOA) from Rules Telecomm, LLC to David S Kris, Assistant Attorney General, National Security Division, DOJ. A copy of the Petition and the February 7, 2011 LOA are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-214-20100719-00298 and accessing "Other filings related to this application" from the Document Viewing area. ITC-214-20110119-00003 E Minutel 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: 03/04/2011 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-214-20110120-00013 E Brevard Wireless, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/01/2011 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-214-20110208-00046 E Residential Long Distance, 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: 03/04/2011 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-214-20110210-00044 E United Communications Association Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/04/2011 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-214-20110211-00045 E Eden Telecommunications, 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: 03/04/2011 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 6

ITC-ASG-20101013-00399 E Zone Telecom, LLC Assignment Grant of Authority Date of Action: 03/04/2011 Current Licensee: Zone USA, Inc. d/b/a Zone Telecom, Inc. FROM: Zone USA, Inc. d/b/a Zone Telecom, Inc. TO: Zone Telecom, Inc. Application filed for consent to the assignment of international section 214 authorization, ITC-214-20000717-00403, held by Zone USA, Inc. (Zone USA) to Zone Telecom, LLC. Zone Telecom Inc. is currently a wholly-owned subsidiary of Zone USA and provides international service under the international section 214 authority held by Zone USA, ITC-214-20000717-00403, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). As part of a Contribution Agreement executed on September 28, 2010, Zone USA will assign its international section 214 authorization to Zone Telecom Inc., which will then convert into a limited liability company - Zone Telecom, LLC. Zone USA will then contribute its ownership interest in Zone Telecom LLC to a newly formed holding company, ANZ Communications LLC (ANZ LLC). In exchange Zone USA will receive a 50% ownership interest in ANZ LLC. ANPI Holding, Inc., which will be contributing its ownership interest in ANPI, LLC to ANZ LLC, will hold the other 50% ownership interest in ANZ LLC. See ITC-ASG-20101014-00411. Zone Telecom LLC will then be a wholly-owned subsidiary of ANZ LLC. ANZ LLC will be equally owned by ANPI Holding, Inc. and Zone USA. ANPI Holding, Inc. will be created as part of this transaction and will have the exact same shareholders as Associated Network Partners Inc., which currently has no shareholders with a ten percent or greater direct or indirect equity or voting interest. Zone USA is wholly owned by ZONE Global Limited, a British Virgin Islands Company, which is wholly owned by Cyberman Limited, a British Virgin Islands company, which in turn is wholly owned by e-Kong Pillars Holdings Limited, a British Virgin Islands company. e-Kong Pillars Holdings Limited is wholly owned by e-Kong Group Limited, a Bermuda company. The following entities hold a ten percent or greater interest in e-Kong Group Limited: Goldstone Trading Limited (19.1%), a British Virgin Islands entity; Great Wall Holdings Limited (13%), a Niue entity; and Future (Holdings) Limited (14.3%), which is wholly owned by Ganado Investment Corporation Limited, both St. Lucia entities. Richard John Stevens, a citizen of Canada, holds an indirect 22.8% interest in Zone USA through a controlling interest in Goldstone Trading Limited (19.1%) and an indirect ownership interest through Siemens Enterprises Limited (3.7%), a Hong Kong company. William Bruce Hicks, a citizen of Canada, holds a 13.8% total interest in Zone USA through a controlling interest in Great Wall Holdings Limited (13%) and an interest through shares held directly in e-Kong Group Limited (0.8%). Jennifer Wes Saran holds a 14.4% interest in Zone USA through controlling interest in Ganado Investments Corporation Limited (14.3%) and an indirect interest through shares held personally in e-Kong Group Limited (less than .1 percent). No other individual or entity will have a ten percent or greater direct or indirect equity or voting interest in ANZ LLC or Zone Telecom LLC. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20101014-00411 E Associated Network Partners, Inc. Assignment Grant of Authority Date of Action: 03/04/2011 Current Licensee: Associated Network Partners, Inc. FROM: Associated Network Partners, Inc. TO: ANPI, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-19960209-00017 (Old File No. ITC-96-123), from Associated Network Partners, Inc. (ANPI) to ANPI, LLC. As part of a Contribution Agreement executed on September 28, 2010, ANPI will convert into a limited liability company - ANPI LLC. ANPI will then create a new holding company, ANPI Holding, Inc., which will have the exact same shareholders as ANPI. ANPI Holding, Inc. will then contribute its ownership interest in ANPI, LLC to a newly formed holding company, ANZ Communications LLC (ANZ LLC). In exchange ANPI Holding Inc. will receive a 50% ownership interest in ANZ LLC. Zone USA, Inc., which will be contributing its ownership interest in Zone Telecom, LLC to ANZ LLC, will hold the other 50% ownership interest in ANZ LLC. See ITC-ASG-20101013-00399. ANPI, LLC will then be a wholly-owned subsidiary of ANZ LLC. ANZ LLC will be equally owned by ANPI Holding, Inc. and Zone USA. ANPI Holding, Inc. will have the exact same shareholders as ANPI, which currently has no shareholders with a ten percent or greater direct or indirect equity or voting interest. Zone USA is wholly owned by ZONE Global Limited, a British Virgin Islands Company, which is wholly owned by Cyberman Limited, a British Virgin Islands company, which in turn is wholly owned by e-Kong Pillars Holdings Limited, a British Virgin Islands company. e-Kong Pillars Holdings Limited is wholly owned by e-Kong Group Limited, a Bermuda company. The following entities hold a ten percent or greater interest in e-Kong Group Limited: Goldstone Trading Limited (19.1%), a British Virgin Islands entity; Great Wall Holdings Limited (13%), a Niue entity; and Future (Holdings) Limited (14.3%), which is wholly owned by Ganado Investment Corporation Limited, both St. Lucia entities. Richard John Stevens, a citizen of Canada, holds an indirect 22.8% interest in Zone USA through a controlling interest in Goldstone Trading Limited (19.1%) and an indirect ownership interest through Siemens Enterprises Limited (3.7%), a Hong Kong company. William Bruce Hicks, a citizen of Canada, holds a 13.8% total interest in Zone USA through a controlling interest in Great Wall Holdings Limited (13%) and an interest through shares held directly in e-Kong Group Limited (0.8%). Jennifer Wes Saran holds a 14.4% interest in Zone USA through controlling interest in Ganado Investments Corporation Limited (14.3%) and an indirect interest through shares held personally in e-Kong Group Limited (less than .1 percent). No other individual or entity will have a ten percent or greater direct or indirect equity or voting interest in ANZ LLC or ANPI, LLC This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

ITC-ASG-20110204-00043 E Blue Casa Telephone, LLC Assignment Grant of Authority Date of Action: 03/04/2011 Current Licensee: Blue Casa Communications, Inc. FROM: Blue Casa Communications, Inc. TO: Blue Casa Telephone, LLC Application filed for consent to the assignment of international section 214 authorization, ITC-214-20030602-00265, held by Blue Casa Communications Inc. (Blue Casa) to Blue Casa Telephone LLC (BCT). In a two step transaction, Blue Casa's assets, including the international section 214 authorization, will first be assigned to Blue Casa (assignment for the benefit of creditors), LLC (FBO Creditors), a special purpose entity also organized for the purpose of facilitating an assignment, pursuant to California law. FBO Creditors will then immediately assign the assets to BCT. BCT is a wholly-owned subsidiary of TCAST Communications Inc., which is owned by the following six (6) individuals, all U.S. citizens: Lee Howard (14%), James D. Howard (14%), Mark Jordan (21%), Bob Carr (17%), Larry Taylor (15%), and Dan Brown (15%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20110217-00055 E Smithville Telecom LLC Assignment Grant of Authority Date of Action: 03/09/2011 Current Licensee: Smithville Telecom, Inc FROM: Smithville Telecom, Inc TO: Smithville Telecom LLC Notification filed on February 17, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-19991124-00716, from Smithville Telecom, Inc. to Smithville Telecom, LLC. Smithville Telecom converted from a corporation to a limited liability company several years ago. On December 31, 2010, the immediate parent of Smithville Telecom, LLC changed from the Earles Family, LLC to the Earles Family, Inc. Ms. Darby A McCarty, as the sole trustee and sole beneficiary of the Darby A. McCarty Revocable Trust, owned 100 percent of the voting stock of the Earles Family, LLC and now owns the Earles Family Inc. ITC-ASG-20110218-00054 E Advanced Tel, L.L.C. Assignment Grant of Authority Date of Action: 03/09/2011 Current Licensee: Advanced Tel Inc. FROM: Advanced Tel Inc. TO: Advanced Tel, L.L.C. Notification filed on February 18, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-19940131-00027, from Advanced Tel, Inc. to Advanced Tel, L.L.C., effective December 30, 2010. Advanced Tel changed from a corporation to a limited liability company. INFORMATIVE ITC-214-19970116-00027 Great Lakes Comnet, Inc By letter filed February 17, 2011, Applicant notified the Commission that the following wholly-owned subsidiary may provide international telecommunications service under the international section 214 authorization held by Great Lakes Comnet, Inc., ITC-214-19970116-00027, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): Comlink, LLC. SURRENDER ITC-214-20041102-00427 Gestatio, Inc. By letter filed March 7, 2011, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20060104-00002 GlobalNova Inc By letter filed March 2, 2011, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20060321-00165 GotelOne Corporation By letter filed January 28, 2011, Applicant notified the Commission of the Surrender of its international section 214 authorization. Page 4 of 6

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 5 of 6

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 6 of 6


Document Created: 2011-03-09 17:25:53
Document Modified: 2011-03-09 17:25:53
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