Public Notice TEL01536

International Telecommunications

Action Taken Public Notice

2011-12-29

FCC.report > IB > Public Notices > TEL01536

14 Filings Included [expand]

IBFS_PN_931410

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. 11-2072 Report No. TEL-01536 Thursday December 29, 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-214-20090508-00208 E IP To Go 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: 12/19/2011 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 filed in the proceeding on December 19, 2011, by the Department of Justice (DOJ). Accordingly, we condition grant of this application on IP To Go LLC abiding by the commitments and undertakings set forth in the December 5, 2011 Agreement from the President of IP To Go LLC to Assistant Attorney General, National Security Division, DOJ (dated November 21, 2011). The Petition and the Agreement may be viewed on the FCC's website through the International Bureau Filings System (IBFS) by searching for ITC-214-20090508-00208 and accessing "Other Filings related to this application" from the Document Viewing Area. Page 1 of 6

ITC-214-20110407-00088 E Linkotel, 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: 12/20/2011 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-214-20111122-00359 E Bontel Software Solutions, 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: 12/23/2011 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-214-20111129-00353 E Yoxtel, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/23/2011 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-214-20111201-00361 E Convergence Technologies International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 12/23/2011 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-214-20111201-00362 E Amtel Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/23/2011 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-214-20111206-00360 E Aircell Business Aviation Services LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/23/2011 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-ASG-20111208-00368 E Emerging Markets Communications, LLC Assignment Grant of Authority Date of Action: 12/28/2011 Current Licensee: Emerging Markets Communications, Inc. FROM: Emerging Markets Communications, Inc. TO: Emerging Markets Communications, LLC Notification filed of the pro forma assignment of international section 214 authorization, ITC-214-20100329-00132, held by Emerging Markets Communications, Inc. to Emerging Markets Communications, LLC, effective July 20, 2011. Emerging Markets Communications changed its corporate structure from a corporation to a limited liability company. Page 2 of 6

ITC-T/C-20111006-00317 E Pac-West Telecomm Inc Transfer of Control Grant of Authority Date of Action: 12/23/2011 Current Licensee: Pac-West Telecomm Inc FROM: PAC-WEST ACQUISITION COMPANY LLC TO: UPH Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19920215-00122 (Old File No. ITC-92-160), held by Pac-West Telecomm Inc. (Pac-West), from its 100% parent company, Pac-West Acquisition Company, LLC (PWAC), to UPH Holdings, Inc. (UPH). Pursuant to the terms of a reorganization agreement dated August 30, 2011, the capital stock of Pac-West will be exchanged for, and converted into common stock of UPH, with the current shareholders of PWAC acquiring a 29.45% ownership interest in UPH. Pac-West will be merged into UPH Acquisition Sub Inc., a newly formed wholly-owned subsidiary of UPH, with Pac-West emerging as the surviving entity. Upon closing, Pac-West will become a wholly-owned direct subsidiary of UPH. After consummation the following entities, or individuals is expected to hold 10 percent or greater ownership interests in UPH: J. Michael Holloway, a U.S. citizen (44.58%); Columbia Ventures Corporation, a Washington state corporation (29.45%) (Kenneth D. Peterson, Jr., U.S. citizen, 100% owner); CIT Group\Equity Investments, Inc. (CIT Investments), a New Jersey corporation (10.22%). CIT Investments is a wholly-owned subsidiary of CIT Group, a publicly traded corporation in which no individual or entity holds 10 percent or greater interest. No individuals or entities have a ten percent or greater direct or indirect ownership interest in UPH or Pac-West. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20111118-00350 E Oklahoma Independent RSA 5 Partnership Transfer of Control Grant of Authority Date of Action: 12/23/2011 Current Licensee: Oklahoma Independent RSA 5 Partnership FROM: OK-5 Holdco, LLC TO: Cellular Network Partnership Ltd Partnership Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20071219-00537, held by Oklahoma Independent RSA 5 Partnership (OK-5 Partnership), from OK-5 Holdco, LLC to Cellular Network Partnership Ltd. (CNP). Oklahoma 5, LLC, a wholly-owned subsidiary of OK-5 Holdco, LLC, holds a 65% ownership interest in OK-5 Partnership. Immediately prior to the closing of the proposed transaction, Oklahoma 5 LLC will transfer its 65% ownership interest in OK-5 Partnership to Newco LLC, a newly formed limited liability company. CNP will then acquire all of the membership interests in Newco LLC, thereby acquiring control of OK-5 Partnership. OT&T Communications, Inc. (OT&T) owns a 58.5% interest in CNP and is the managing general partner of CNP. OT&T is a wholly-owned subsidiary of Pioneer Telephone Cooperative, Inc., an Oklahoma cooperative in which no individual or entity holds a one percent or greater ownership interest. South Central Communications, Inc. (South Central) owns a 10.11% interest and is a general partner in CNP. South Central is a wholly-owned subsidiary of South Central Telephone Association, Inc. a Kansas cooperative in which no individual or entity holds a one percent or greater ownership interest. The remaining 35% ownership of OK-5 Partnership, which will not be affected by this transaction, is held by Hinton Cellular Co., LLC (20%) and Stojmat LLC (15%). Hinton Cellular Co., LLC also has an 8% ownership interest in CNP, so it will have a direct and indirect ownership interest in OK-5 Partnership of 25.2%. No individuals or entities have a ten percent or greater direct or indirect ownership interest in CNP or OK-5 Partnership. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6

ITC-T/C-20111122-00358 E ITC Global USA, LLC Transfer of Control Grant of Authority Date of Action: 12/23/2011 Current Licensee: ITC Global USA, LLC FROM: ITC Global, Inc. TO: Riverside Fund IV, L.P. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20110609-00184, held by ITC Global USA, LLC (ITC USA), from ITC Global, Inc. (ITC) to Riverside Fund IV, L.P. (Riverside). Pursuant to the terms of a November 11, 2011 Securities Purchase and Redemption Agreement, Riverside will acquire approximately 57.5% of ITC's stock, and thus will acquire control of ITC USA. After closing, the following entities will hold 10 percent or greater ownership interests in ITC: Riverside (57.5%); and Fine Spotted Partners, LLC (13.19%)--the sole member is Michael Monier, a U.S. citizen. The following entities and individuals, all U.S citizens, hold 10 percent or greater ownership interests in Riverside: Yale University, limited partner (14.81%); Arkansas Teacher Retirement System, limited partner (13.16%); W.Virginia Investment Management Board, limited partner (13.16%); Riverside Partners IV, L.P. (Riverside Partners), a Delaware limited partnership (General Partner, with 1.5% equity interest). The sole members of Riverside Partners are Riverside Partners IV, LLC (Riverside Partners LLC) (General Partner); Brian Guthrie, David Belluck, Steve Kaplan. Riverside Partners IV, L.P., is controlled by an investment committee composed of six members, namely, David Belluck, Philip Borden, Frank Do, Brian Guthrie, Steve Kaplan, and Jon Lemelman. The sole members of Riverside Partners LLC are David Belluck (greater than 50% interest); Brian Guthrie (less than 50% interest). No individuals or entities have a ten percent or greater direct or indirect ownership interest in Riverside or ITC USA. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20111208-00367 E Emerging Markets Communications, LLC Transfer of Control Grant of Authority Date of Action: 12/28/2011 Current Licensee: Emerging Markets Communications, LLC FROM: Emerging Markets Communications, LLC TO: Emerging Markets Communications, LLC Notification filed of the pro forma transfer of control of international section 214 authorization, ITC-214-20100329-00132, held by Emerging Markets Communications, LLC (EMC), effective July 20, 2011. In a corporate restructuring, a new holding company, RWB Holding, Inc. (RWB), was inserted into the ownership chain. RWB holds 80.6% equity interest and a 100% voting interest in EMC. Dismissal ITC-214-20100105-00006 Mediatel S.A. Application hereby dismissed by Chief, Policy Division, International Bureau on December 27, 2011, pursuant to sections 1.748(a) and 63.51(b) of the Commission's rules, 47 CFR 1.748(a), 63.51(b), for failure to respond to the Commission's request for information. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. SURRENDER ITC-214-20050104-00001 iTalk Global Communications, Inc. By letter filed October 20, 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: 2011-12-28 13:47:21
Document Modified: 2011-12-28 13:47:21
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC