Public Notice TEL01520

International Telecommunications

Action Taken Public Notice

2011-09-22

FCC.report > IB > Public Notices > TEL01520

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IBFS_PN_917791

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. 11-1592 Report No. TEL-01520 Thursday September 22, 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-214-20100713-00279 E BPP 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: 09/15/2011 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-214-20110517-00137 E Lycamobile USA 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: 09/21/2011 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 10

ITC-214-20110823-00281 E NTI TALK INC. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/16/2011 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-214-20110824-00282 E Global Cell Calls, 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: 09/16/2011 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-214-20110826-00284 E Twin Lakes Communications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/16/2011 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. ITC-ASG-20110705-00189 E Birch Communications, Inc. Assignment Grant of Authority Date of Action: 09/16/2011 Current Licensee: Cordia Communications Corp. as Debtor In Possession FROM: Cordia Communications Corp. as Debtor In Possession TO: Birch Communications, Inc. Application filed for consent to the assignment of assets from Cordia Communications Corp. as Debtor In Possession (Cordia DIP) to Birch Communications, Inc. (BCI). Pursuant to an Asset Purchase Agreement approved by the U.S. Bankruptcy Court for the Middle District of Florida, see Cordia Communications Corp., et al., Order Authorizing and Approving (1) Asset Purchase Agreement, (2) Sale of Competitive Local Exchange Carrier ("CLEC") Assets Free and Clear of Liens, Claims and Encumbrances to Birch Communications, Inc. and (3) Certain Related Relief, Case No. 6:11-bk-06493 through 6:11-bk-06497 (Bankr. M.D. Fla., July 14, 2011), BCI will purchase assets from Cordia DIP, including customer accounts and customer contracts, but not the international section 214 authorization, ITC-214-20020517-00238, held by Cordia DIP. BCI will provide international service to its newly acquired customers pursuant to its international section 214 authorization, ITC-214-19970926-00584. Birch Communications of Virginia, a wholly-owned subsidiary of BCI, also provides international service under authority of ITC-214-19970926-00584, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). BCI is wholly owned by Birch Communications Holdings, Inc. (Birch Holdings), a Georgia corporation. Birch Holdings is owned by two individuals, Holcombe Green (66%) and R. Kirby Godsey (32%), both U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 10

ITC-ASG-20110705-00190 E Birch Communications, Inc. Assignment Grant of Authority Date of Action: 09/16/2011 Current Licensee: My Tel Co, Inc. as Debtor in Possession FROM: My Tel Co, Inc. as Debtor in Possession TO: Birch Communications, Inc. Application filed for consent to the assignment of assets from My Tel Co, Inc. as Debtor In Possession (My Tel Co DIP) to Birch Communications, Inc. (BCI). Pursuant to an Asset Purchase Agreement approved by the U.S. Bankruptcy Court for the Middle District of Florida, see Cordia Communications Corp., et al., Order Authorizing and Approving (1) Asset Purchase Agreement, (2) Sale of Competitive Local Exchange Carrier ("CLEC") Assets Free and Clear of Liens, Claims and Encumbrances to Birch Communications, Inc. and (3) Certain Related Relief, Case No. 6:11-bk-06493 through 6:11-bk-06497 (Bankr. M.D. Fla., July 14, 2011), BCI will purchase assets from My Tel Co DIP, including customer accounts and customer contracts, but not the international section 214 authorization, ITC-214-20091030-00465, held by My Tel Co DIP. BCI will provide international service to its newly acquired customers pursuant to its international section 214 authorization, ITC-214-19970926-00584. Birch Communications of Virginia, a wholly-owned subsidiary of BCI, also provides international service under authority of ITC-214-19970926-00584, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). BCI is wholly owned by Birch Communications Holdings, Inc. (Birch Holdings), a Georgia corporation. Birch Holdings is owned by two individuals, Holcombe Green (66%) and R. Kirby Godsey (32%), both U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20110705-00191 E Birch Telecom, Inc. Assignment Grant of Authority Date of Action: 09/16/2011 Current Licensee: Cordia Communications Corp. as Debtor In Possession FROM: Cordia Communications Corp. as Debtor In Possession TO: Birch Telecom, Inc. Application filed for consent to the assignment of assets from Cordia Communications Corp. as Debtor In Possession (Cordia DIP) to Birch Telecom, Inc. Pursuant to an Asset Purchase Agreement approved by the U.S. Bankruptcy Court for the Middle District of Florida, see Cordia Communications Corp., et al., Order Authorizing and Approving (1) Asset Purchase Agreement, (2) Sale of Competitive Local Exchange Carrier ("CLEC") Assets Free and Clear of Liens, Claims and Encumbrances to Birch Communications, Inc. and (3) Certain Related Relief, Case No. 6:11-bk-06493 through 6:11-bk-06497 (Bankr. M.D. Fla., July 14, 2011), Birch Communications, Inc. (BCI), the 100% parent of Birch Telecom, will purchase assets from Cordia DIP, including customer accounts and customer contracts, but not the international section 214 authorization, ITC-214-20020517-00238, held by Cordia DIP. Birch Telecom will provide international service to its newly acquired customers pursuant to its international section 214 authorization, ITC-214-19990701-00441. 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. Birch Telecom is wholly-owned by BCI, which is in turn wholly owned by Birch Communications Holdings, Inc. (Birch Holdings), a Georgia corporation. Birch Holdings is owned by two individuals, Holcombe Green (66%) and R. Kirby Godsey (32%), both U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 10

ITC-ASG-20110705-00192 E Birch Communications, Inc. Assignment Grant of Authority Date of Action: 09/16/2011 Current Licensee: Northstar Telecom, Inc. as Debtor in Possession FROM: Northstar Telecom, Inc. as Debtor in Possession TO: Birch Communications, Inc. Application filed for consent to the assignment of assets from Northstar Telecom, Inc. as Debtor In Possession (Northstar DIP) to Birch Communications, Inc. (BCI). Pursuant to an Asset Purchase Agreement approved by the U.S. Bankruptcy Court for the Middle District of Florida, see Cordia Communications Corp., et al., Order Authorizing and Approving (1) Asset Purchase Agreement, (2) Sale of Competitive Local Exchange Carrier ("CLEC") Assets Free and Clear of Liens, Claims and Encumbrances to Birch Communications, Inc. and (3) Certain Related Relief, Case No. 6:11-bk-06493 through 6:11-bk-06497 (Bankr. M.D. Fla., July 14, 2011), BCI will purchase assets from Northstar DIP, including customer accounts and customer contracts, but not the international section 214 authorization, ITC-214-20040915-00365, held by Northstar DIP. BCI will provide international service to its newly acquired customers pursuant to its international section 214 authorization, ITC-214-19970926-00584. Birch Communications of Virginia, a wholly-owned subsidiary of BCI, also provides international service under authority of ITC-214-19970926-00584, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). BCI is wholly owned by Birch Communications Holdings, Inc. (Birch Holdings), a Georgia corporation. Birch Holdings is owned by two individuals, Holcombe Green (66%) and R. Kirby Godsey (32%), both U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20110705-00193 E Birch Telecom, Inc. Assignment Grant of Authority Date of Action: 09/16/2011 Current Licensee: Northstar Telecom, Inc. as Debtor in Possession FROM: Northstar Telecom, Inc. as Debtor in Possession TO: Birch Telecom, Inc. Application filed for consent to the assignment of assets from Northstar Telecom, Inc. as Debtor In Possession (Northstar DIP) to Birch Telecom, Inc. Pursuant to an Asset Purchase Agreement approved by the U.S. Bankruptcy Court for the Middle District of Florida, see Cordia Communications Corp., et al., Order Authorizing and Approving (1) Asset Purchase Agreement, (2) Sale of Competitive Local Exchange Carrier ("CLEC") Assets Free and Clear of Liens, Claims and Encumbrances to Birch Communications, Inc. and (3) Certain Related Relief, Case No. 6:11-bk-06493 through 6:11-bk-06497 (Bankr. M.D. Fla., July 14, 2011), Birch Communications, Inc. (BCI), the 100% parent of Birch Telecom, will purchase assets from Northstar DIP, including customer accounts and customer contracts, but not the international section 214 authorization, ITC-214-20040915-00365, held by Northstar DIP. Birch Telecom will provide international service to its newly acquired customers pursuant to its international section 214 authorization, ITC-214-19990701-00441. 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. Birch Telecom is wholly-owned by BCI, which is in turn wholly owned by Birch Communications Holdings, Inc. (Birch Holdings), a Georgia corporation. Birch Holdings is owned by two individuals, Holcombe Green (66%) and R. Kirby Godsey (32%), both U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 4 of 10

ITC-ASG-20110705-00194 E Birch Telecom, Inc. Assignment Grant of Authority Date of Action: 09/16/2011 Current Licensee: My Tel Co, Inc. as Debtor in Possession FROM: My Tel Co, Inc. as Debtor in Possession TO: Birch Telecom, Inc. Application filed for consent to the assignment of assets from My Tel Co, Inc. as Debtor In Possession (My Tel Co DIP) to Birch Telecom, Inc. Pursuant to an Asset Purchase Agreement approved by the U.S. Bankruptcy Court for the Middle District of Florida, see Cordia Communications Corp., et al., Order Authorizing and Approving (1) Asset Purchase Agreement, (2) Sale of Competitive Local Exchange Carrier ("CLEC") Assets Free and Clear of Liens, Claims and Encumbrances to Birch Communications, Inc. and (3) Certain Related Relief, Case No. 6:11-bk-06493 through 6:11-bk-06497 (Bankr. M.D. Fla., July 14, 2011), Birch Communications, Inc. (BCI), the 100% parent of Birch Telecom, will purchase assets from My Tel Co DIP, including customer accounts and customer contracts, but not the international section 214 authorization, ITC-214-20091030-00465, held by My Tel Co DIP. Birch Telecom will provide international service to its newly acquired customers pursuant to its international section 214 authorization, ITC-214-19990701-00441. 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. Birch Telecom is wholly-owned by BCI, which is in turn wholly owned by Birch Communications Holdings, Inc. (Birch Holdings), a Georgia corporation. Birch Holdings is owned by two individuals, Holcombe Green (66%) and R. Kirby Godsey (32%), both U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20110831-00286 E Puerto Rico Telephone Company, Inc. Assignment Grant of Authority Date of Action: 09/21/2011 Current Licensee: PRT Larga Distancia, Inc. FROM: PRT Larga Distancia, Inc. TO: Puerto Rico Telephone Company, Inc. Notification filed August 31, 2011, of the pro forma assignment of international section 214 authorizations, ITC-214-20051129-00480, ITC-214-20000714-00410, and ITC-214-19960215-00072 (Old File No. ITC-96-214), held by PRT Larga Distancia, Inc. (PRTLD) to Puerto Rico Telephone Company, Inc. (PRTC), effective August 1, 2011. PRTLD merged with and into PRTC with PRTC being the surviving entity. PRTLD was, and PRTC continues to be, wholly owned subsidiaries of Telecomunicaciones de Puerto Rico, Inc. ITC-ASG-20110915-00297 E US LEC of North Carolina LLC Assignment Grant of Authority Date of Action: 09/21/2011 Current Licensee: US LEC of North Carolina Inc. FROM: US LEC of North Carolina Inc. TO: US LEC of North Carolina LLC Notification filed September 15, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-19970220-00101 (Old File No. ITC-97-115), held by US LEC of North Carolina, Inc. to US LEC of North Carolina, LLC, effective March 1, 2010. US LEC of North Carolina converted from an Iowa corporation to an Iowa limited liability company. ITC-ASG-20110915-00299 E McLeodUSA Telecommunications Services, L.L.C. Assignment Grant of Authority Date of Action: 09/21/2011 Current Licensee: McLeodUSA Telecommunications Services, Inc. FROM: McLeodUSA Telecommunications Services, Inc. TO: McLeodUSA Telecommunications Services, L.L.C. Notification filed September 15, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-19930827-00153, (Old File No. ITC-93-311), held by McLeodUSA Telecommunications Services, Inc. to McLeodUSA Telecommunications Services, L.L.C., effective March 1, 2010. McLeodUSA Telecommunications Services converted from an Iowa corporation to an Iowa limited liability company. Page 5 of 10

ITC-ASG-20110915-00303 E US LEC LLC Assignment Grant of Authority Date of Action: 09/21/2011 Current Licensee: US LEC Corp. FROM: US LEC Corp. TO: US LEC LLC Notification filed September 15, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-1999030300104, held by US LEC Corp. to US LEC LLC, effective March 1, 2010. US LEC converted from an Iowa corporation to an Iowa limited liability company. ITC-T/C-20100719-00295 E TRICOM USA, INC. Transfer of Control Grant of Authority Date of Action: 09/21/2011 Current Licensee: TRICOM USA, INC. FROM: TRICOM USA, INC. TO: AMZAK Capital Management, LLC Application for consent to the transfer of control of international section 214 authorizations, ITC-214-19980430-00286 (Old File No. ITC-98-342) and ITC-214-19970421-00220 (Old File No. ITC-97-221), ITC-214-19990325-00153, ITC-214-19930101-00257 (Old File No. ITC-93-246), ITC-214-19960925-00468 (Old File No. ITC-96-532), and ITC-MOD-19970618-00335 (Old File No. ITC-96-532-M), held by Tricom USA, Inc. (Tricom USA) to AMZAK Capital Management, LLC (AMZAK). The Commission previously granted consent for the transfer of control of Tricom USA to Hispanola Telecom Holdings, Ltd. (Hispanola) pursuant to a plan of reorganization under Chapter 11 of the U.S. Bankruptcy Code by the United States Bankruptcy Court for the Southern District of New York. See ITC-ASG-20091223-00543, DA 10-232, 25 FCC Rcd 1279, 1281 (IB 2010). However, the final ownership at the completion of the reorganization differed substantially from the ownership approved in the prior application. Due to its acquisition of additional claims against Tricom, S.A., the direct parent of Tricom USA, at the completion of the bankruptcy reorganization AMZAK held a 57.2% ownership interest in Hispanola, which has a 97% ownership interest in Tricom, S.A., and thus AMZAK acquired control of Tricom USA. Tricom USA is wholly-owned by Tricom, S.A., a Dominican Republic entity. Hispanola, a Commonwealth of the Bahamas entity, has a 97% ownership interest in Tricom, S.A. At the completion of the bankruptcy reorganization the following entities had a 10 percent or greater interest in Hispanola: AMZAK (57.2%); Ellis Portafolio, S.A., a British Virgin Islands entity (12.5%); and MAP Private Trust Company, a Cayman Islands entity, for the benefit of Manuel Arturo Pellerano Pena and certain family members, all citizens of the Dominican Republic (19.0% indirect through various companies including Ellis Portafolio, S.A.). The Kazma family - Gerald Kazma, Michael Kazma, and Leigh Kazma, all Canadian citizens - hold 100 percent of the ownership interests in AMZAK. No other individuals or entities are held a ten percent or greater equity or voting ownership interest in Hispanola Telecom Holdings, and consequently in New Tricom USA, at the completion of the bankruptcy reorganization. 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. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 6 of 10

ITC-T/C-20100719-00296 E TRICOM USA, INC. Transfer of Control Grant of Authority Date of Action: 09/21/2011 Current Licensee: Tricom USA, Inc. FROM: AMZAK Capital Management, Inc. TO: Broadband Investments Limited Notification filed July 19, 2010, of the pro forma transfer of control of international section 214 authorizations, ITC-214-19980430-00286 (Old File No.ITC-98-342), ITC-214-19970421-00220 (Old File No. ITC-97-221), ITC-214-19990325-00153, ITC-214-19930101-00257 (Old File No.ITC-93-246), ITC-214-19960925-00468 (Old File No. ITC-96-532), and ITC-MOD-19970618-00335 (Old File No. ITC-96-532-M), held by Tricom USA, Inc. (Tricom USA), from AMZAK Capital Management, LLC (AMZAK) to Broadband Investments Limited (Broadband). Tricom USA is wholly owned by Tricom, S.A., a Dominican Republic entity. Hispanola Telecom Holdings, Ltd. (Hispanola), a Commonwealth of the Bahamas entity, has a 97% ownership interest in Tricom, S.A. Prior to this transaction, AMZAK held a 57.2% interest in Hispanola. Ellis Portafolia, S.A. (Ellis) held a 12.5% interest in Hispanola and MAP Private Trust Company (MAP) held a 19.0% interest in Hispanola. On or about April 7, 2010, AMZAK transferred its interest in Hispanola to Broadband, a wholly-owned subsidiary of AMZAK. On April 15, 2010, Ellis and MAP transferred their ownership interests in Hispanola to Broadband. On or about June 7, 2010, Broadband transferred a portion of its ownership interest in Hispanola to PTY Capital Partners Ltd. (PTY), a British Virgin Islands company. As a result, Broadband now holds a 55.9% interest in Hispanola, and consequently control of Tricom USA. PTY has a 20.5% interest in Hispanola. PTY is wholly-owned by Cotemporary Investments, Inc, a Bahamas entity, in which Alberto C. Motta Jr. and Stanley A. Motta, both citizens of Panama, each have a 50% ownership. Grant of this notification 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. ITC-T/C-20110809-00256 E Conversant Technologies, Inc. Transfer of Control Grant of Authority Date of Action: 09/16/2011 Current Licensee: Conversant Technologies, Inc. FROM: Conversant Technologies, Inc. TO: Global Tel*Link Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20010817-00440, held by Conversant Technologies, Inc. (CTI) to Global Tel*Link Corporation (GTL). Pursuant to the terms of a Stock Purchase Agreement dated July 25, 2011, GTL will purchase all the shares of CTI from its current owner. As a result, CTI will become a wholly-owned subsidiary of GTL. GTL is wholly owned by GTEL Holdings, Inc., a Delaware corporation, which is in turn wholly owned by GTEL Acquisition Corp. (GTEL Acquisition), a Delaware corporation. GTEL Acquisition is wholly owned by GTEL Holding, LLC, a Delaware limited liability company. The Veritas Capital Fund III, L.P. has a 44% and GS Direct, L.L.C. (GS Direct) has a 16% direct ownership interest in GTEL Holding, LLC. The Veritas Capital Fund III, L.P.'s sole general partner is Veritas Capital Partners III, L.L.C., which is managed by Robert B. McKeon, a U.S citizen. Credit Suisse Private Equity, Inc. owns an approximate 14% indirect interest in GTEL Holding, LLC through its interest in The Veritas Capital Fund III, L.P. The Goldman Sachs Group, Inc. wholly owns GS Direct, including the right to replace Goldman Sachs & Co. as the sole manager of GS Direct, and has an indirect 16% interest in GTEL Holding, LLC. RDV Corporation is the general partner of RDV Capital Management L.P (RDVCM) and the manager of Ver-Cap III Investors, LLC. RDVCM and Ver-Cap III Investors, LLC indirectly own an aggregate 2.95% interest in GTEL Holding, LLC through their interests in The Veritas Capital Fund III, L.P. RDV Corporation manages 804 Investors LLC and GT Group Investors, LLC that have 6.42% and 3.14% interests, respectively, in GTEL Holding LLC. RDV Corporation is owned by members of the DeVos family, who are all U.S. citizens. No other entity or individual directly or indirectly holds a 10 percent or greater equity or voting interest in GTL. This authorization is without prejudice to the Commission's action in any other related pending proceedings. INFORMATIVE ITC-214-20001117-00674 XO Communications, LLC By letter dated September 1, 2011, Applicant notified the Commission that XO Communications, LLC will be discontinuing their international 214 service effective November 1, 2011. SURRENDER ITC-214-19930101-00257 TRICOM USA, INC. By letter filed December 17, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-19960925-00468 TRICOM USA, INC. By letter filed December 17, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-19970421-00220 TRICOM USA, INC. By letter filed December 17, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-19980430-00286 TRICOM USA, INC. By letter filed December 17, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. Page 7 of 10

SURRENDER ITC-214-19990325-00153 TRICOM USA, INC. By letter filed December 17, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-MOD-19970618-00335 TRICOM USA, INC. By letter filed December 17, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. Page 8 of 10

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 9 of 10

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 10 of 10


Document Created: 2011-09-21 16:27:47
Document Modified: 2011-09-21 16:27:47
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