Public Notice TEL01512

International Telecommunications

Action Taken Public Notice

2011-08-11

FCC.report > IB > Public Notices > TEL01512

15 Filings Included [expand]

IBFS_PN_910996

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. 11-1383 Report No. TEL-01512 Thursday August 11, 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-214-20091110-00468 E Next-G Communication, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 07/28/2011 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). Grant of this application is without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission's rules. Page 1 of 6

ITC-214-20100713-00276 E Norcom USA, 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: 07/27/2011 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-214-20110628-00176 E SBC Telecom N.A., LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/05/2011 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-214-20110711-00198 E CALLS LIFE - THE WONDER OF LIFE, CORP. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/05/2011 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-214-20110712-00195 E Dunhill Telecom LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/05/2011 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-214-20110714-00200 E Wize Prepaid solutions, 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: 08/05/2011 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-214-20110714-00201 E Predictive Marketing, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/05/2011 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-214-20110717-00205 E Tri-Points Communications, 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: 08/05/2011 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-214-20110718-00206 E VMC TELECOM, 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: 08/05/2011 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-20110509-00130 E TelePacific Managed Services Assignment Grant of Authority Date of Action: 08/03/2011 Current Licensee: IXC Holdings, Inc. FROM: IXC Holdings, Inc. TO: TelePacific Managed Services Application filed for consent to the assignment of certain assets held by IXC Holdings Inc. (IXCH) to TelePacific Managed Services (TMS), a wholly-owned subsidiary of U.S. TelePacific Corp. (TelePacific). Pursuant to the terms of an asset purchase agreement executed between the parties on April 28, 2011, TMS will purchase from IXCH certain assets, including its customers and related network facilities. IXCH will retain its international section 214 authorization, ITC-214-20101112-00459. Upon closing, TMS will provide services to its newly acquired customers under the authority of the international section 214 authorization held by TelePacific, ITC-214-19970828-00514 (Old File No. ITC-97-552), pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R.§ 63.21(h). The following entities and individuals hold 10 percent or greater ownership interests in TelePacific. U.S. TelePacific Holdings Corp. (TPAC Holdings), a U.S. based holding company (100%). TPAC Holdings is owned by two entities: Investcorp S.A., a Cayman Islands entity that is wholly owned by Investcorp Holdings Limited (IHL), a Cayman Islands entity (39.6%), and Clarity Partners, L.P., a U.S. entity (23.97%) (general partner Clarity GenPar, LLC (Clarity GenPar) (4.31%). The following individuals, all U.S. citizens, hold ownership interests in, and are managing members of Clarity GenPar: Barry Porter, Stephen P. Rader, and David Lee. IHL is owned by the following: Investcorp Bank B.S.C. (Investcorp Bank), a Bahrain entity (100% equity interest, 22.1% voting control); CP Holdings Limited (CPHL), a Cayman Islands entity (40.4 percent voting control). Investcorp Bank is owned by the following: CPHL (40.4%); Ownership Holdings Limited (OHL), a Cayman Islands entity (19.8%). OHL, in turn, owns 55.6 percent of CPHL. SIPCO Limited (SIPCO), a Cayman Islands entity, owns 63.4 percent of OHL, and SIPCO Holdings Limited (SIPCO Holdings), a Cayman Islands entity, owns 100 percent of the voting stock of SIPCO. SIPCO Holdings is managed by the following individuals: Nemir Kirdar, a Great Britain citizen, H.E. Abdul-Rahman Salim Al-Ateeqi, a Kuwaiti citizen, Abdul Aziz Jassim Kannoo, a Saudi Arabia citizen, Mustafa Jassim Boodai, a Kuwaiti citizen, Hussain Ibrahim Al-Fardan, a Qatar citizen, and Stephanie Bess, a U.S. citizen. Applicants state that no owner of SIPCO Holdings, or any other entity or individual holds a 10 percent or greater direct or indirect ownership interest in TMS. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on July 28, 2011, by the Department of Justice ("DOJ") and the Department of Homeland Security ("DHS"). Accordingly, we condition grant of this application on the commitments and undertakings set forth in the July 18, 2011 Letter of Assurance ("LOA") from Richard A. Jalkut, President & Chief Executive Officer of U.S. TelePacific Holdings Corp., U.S. TelePacific Corp. and TelePacific Manager Services to David Heyman, Assistant Secretary for Policy, DHS and Lisa O. Monaco, Assistant Attorney General, National Security Division, DOJ. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-ASG-20110509-00130 and accessing "Other Filings related to this application" from the Document Viewing Area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20110729-00212 E Zayo Group, LLC Assignment Grant of Authority Date of Action: 08/10/2011 Current Licensee: Zayo Bandwidth, LLC FROM: Zayo Bandwidth, LLC TO: Zayo Group, LLC Notification filed July 29, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-20091106-00475, held by Zayo Bandwidth, LLC (ZB) to its direct parent Zayo Group, LLC (Zayo), effective June 30, 2011. In an intra-corporate transaction, ZB merged with and into Zayo, with Zayo being the surviving entity. ZB was, and Zayo continues to be, a wholly-owned indirect subsidiary of Communications Infrastructure Investment, LLC. ITC-ASG-20110803-00250 E Hawaii Pacific Teleport, L.P., Debtor-in-Possession Assignment Grant of Authority Date of Action: 08/10/2011 Current Licensee: Hawaii Pacific Teleport, L.P. FROM: Hawaii Pacific Teleport, L.P. TO: Hawaii Pacific Teleport, L.P., Debtor-in-Possession Notification filed August 3, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-20020327-00147, held by Hawaii Pacific Teleport, L.P. (HPT) to Hawaii Pacific Teleport, L.P., Debtor-in-Possession, effective June 23, 2011. HPT filed a petition for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code, with the U.S. Bankruptcy Court for the District of Hawaii (Case No. 11-01764). Page 3 of 6

ITC-T/C-20110623-00175 E UTC Long Distance LLC Transfer of Control Grant of Authority Date of Action: 08/05/2011 Current Licensee: UTC Long Distance LLC FROM: UTC Long Distance LLC TO: United Communications Holdings, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970205-00061 (Old File No. ITC-97-068), held by UTC Long Distance LLC (UTC LD) to United Communications Holdings, LLC (UCH). Pursuant to the terms of an Agreement and Plan of Merger executed on April 28, 2011, UTC Acquisition Company, Inc., a wholly-owned subsidiary of UCH, will merge with and into UTC LD, with UTC LD emerging as the surviving entity. UTC LD will thus become a wholly-owned subsidiary of UCH. UCH is majority owned by MSouth Equity Partners, LP (MSouth) (85.4%), and minority owned by William H. Bradford (10.6%), a U.S. citizen. MSouth is controlled by its general partner, MSouth Equity Partners, GP, LLC. The following four managing members of MSouth Equity Partners, all U.S. citizens, hold equal voting interests in MSouth Equity Partners: Mark L. Feidler, Michael D. Long, Bart A. McLean, and Peter S. Petit. The only entity with a 10 percent or greater equity interest in MSouth is the Board of Regents of the University of Texas System, a U.S. entity (18.9%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20110624-00179 E Masergy Communications, Inc. Transfer of Control Grant of Authority Date of Action: 08/05/2011 Current Licensee: Masergy Communications, Inc. FROM: Masergy Communications, Inc. TO: Masergy Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20010820-00432, held by Masergy Communications, Inc. (Masergy Communications) to Masergy Holdings, Inc. (Masergy Holdings). Pursuant to an Agreement and Plan of Merger, Masergy Acquisition, a wholly-owned subsidiary of Masergy Holdings, will merge with and into Masergy Communications, with Masergy Communications emerging as the surviving entity. Upon closing, existing equity interest holders in Masergy Communications will receive cash compensation in exchange for their equity interests, and Masergy Communications will become a wholly owned subsidiary of Masergy Holdings. Massery Holdings is wholly owned by Masergy Investment Holdings, LLC. The following entities and individual will hold a ten percent or greater ownership interest in Masergy Investment Holdings, LLC: ABRY Partners VII, L.P., a Delaware limited partnership (40.3%) (sole general partner ABRY VII Capital Partners, L.P., a Delaware limited partnership); ABRY Partners VI, L.P., a Delaware limited partnership (34.2%) (sole general partner ABRY VI Capital Partners, L.P., a Delaware limited partnership); ABRY Senior Equity III, L.P., a Delaware limited partnership (20.1%) (sole general partner ABRY Senior Equity Investors III, L.P., a Delaware limited partnership. ABRY VII Capital Investors, LLC, a Delaware limited liability company is the sole general partner of ABRY VII Capital Partners, L.P. ABRY VI Capital Investors, LLC, a Delaware limited liability company, is the sole general partner of ABRY VI Capital Partners, L.P. ABRY Senior Equity Holdings III, LLC, a Delaware limited liability company, is the sole general partner of ABRY Senior Equity Investors III, L.P. All of the voting securities of ABRY VII Capital Investors, LLC, ABRY VI Capital Investors, LLC, and ABRY Senior Equity Holdings III, L.P. are held by Royce Yudkoff, a U.S. citizen. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-19970715-00400 DFT LONG DISTANCE CORPORATION ( d/b/a DFT LONG DISTANCE ) By letter filed August 8, 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: 2011-08-10 16:23:06
Document Modified: 2011-08-10 16:23:06
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