Public Notice TEL01543

International Telecommunications

Action Taken Public Notice

2012-02-09

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IBFS_PN_938582

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. 12-171 Report No. TEL-01543 Thursday February 9, 2012 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-214-20100914-00364 E AGCOM Group 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: 02/07/2012 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-214-20111206-00387 E LENOX MUNICIPAL UTILITIES International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/03/2012 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). Page 1 of 7

ITC-214-20120106-00002 E World Surfer, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/03/2012 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-214-20120113-00007 E Pinlessvianact, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/03/2012 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-214-20120113-00008 E Prepaid Distribution Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/03/2012 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-20120125-00011 E IP-Com, LLC Assignment Grant of Authority Date of Action: 02/08/2012 Current Licensee: IP-COM INC FROM: IP-COM INC TO: IP-Com, LLC Notification filed January 25, 2012, of the pro forma assignment of international section 214 authorization, ITC-214-20020318-00152, held by IP-Com, Inc. to IP-Com, LLC effective January 1, 2012. In a corporate reorganization, IP-Com converted from a corporation to a limited liability company. ITC-ASG-20120126-00029 E Alliance Communications Cooperative, Inc. Assignment Grant of Authority Date of Action: 02/08/2012 Current Licensee: Hills Telephone Company, Inc. FROM: Hills Telephone Company, Inc. TO: Alliance Communications Cooperative, Inc. Notification filed January 26, 2012, of the pro forma assignment of international section 214 authorization, ITC-214-20031020-00483, held by Hills Telephone Company, Inc. (Hills), to Alliance Communications Cooperative, Inc. (Alliance), effective January 1, 2012. In a corporate reorganization, Hills was merged into Alliance, its 100% direct parent, with Alliance being the surviving entity. ITC-ASG-20120130-00028 E Latam Telecommunications, L.L.C. Assignment Grant of Authority Date of Action: 02/08/2012 Current Licensee: Controladora de Servicios de Telecomunicaciones, S.A. de C.V. FROM: Controladora de Servicios de Telecomunicaciones, S.A. de C.V. TO: Latam Telecommunications, L.L.C. Notification filed January 30,, 2012, of the pro forma assignment of international section 214 authorizations, ITC-214-20000519-00306 and ITC-214-19980813-00564 (Old File No. ITC-98-612), from Controladora de Servicios de Telecomunicaciones, S.A. de C.V. (Consertel) to Latam Telecommunications, LLC (Latam), effective December 31, 2011. In a two step transaction Consertel assigned its two international section 214 authorizations to Latam, an indirect wholly-owned subsidiary of Consertel, and then transferred its ownership interest in Latam to Sercotel, S.A. de C.V. (Sercotel). Consertel and Sercotel are both indirect subsidiaries and controlled by America Movil, S.A.B. de C.V. Page 2 of 7

ITC-ASG-20120131-00035 E Granby Telephone LLC Assignment Grant of Authority Date of Action: 02/08/2012 Current Licensee: Granby Telephone and Telegraph Company of Massachusetts, Inc. FROM: Granby Telephone and Telegraph Company of Massachusetts, Inc. TO: Granby Telephone LLC Notification filed January 31, 2012, of the pro forma assignment of international section 214 authorization, ITC-214-20020524-00291, held by Granby Telephone and Telegraph Company of Massachusetts, Inc., to Granby Telephone, LLC, effective January 1, 2012. In a corporate reorganization, Granby Telephone converted from a corporation to a limited liability company. ITC-ASG-20120131-00036 E Communications Design Acquisition LLC Assignment Grant of Authority Date of Action: 02/08/2012 Current Licensee: Communications Design Acquisition Corporation FROM: Communications Design Acquisition Corporation TO: Communications Design Acquisition LLC Notification filed January 31, 2012, of the pro forma assignment of international section 214 authorization, ITC-214-20020213-00076, held by Communications Design Acquisition Corporation to Communications Design Acquisition LLC, effective January 1, 2012. In a corporate reorganization, Communications Design Acquisition converted from a corporation to a limited liability company. ITC-ASG-20120131-00037 E Mid-Maine Telplus LLC Assignment Grant of Authority Date of Action: 02/08/2012 Current Licensee: Mid-Maine Telplus dba Mid-Maine Long Distance FROM: Mid-Maine Telplus dba Mid-Maine Long Distance TO: Mid-Maine Telplus LLC Notification filed January 31, 2012, of the pro forma assignment of international section 214 authorization, ITC-214-19961101-00549 (Old File No. ITC-96-596), held by Mid-Maine Telplus Inc. d/b/a Mid-Maine Long Distance to Mid-Maine Telplus, LLC, effective January 1, 2012. In a corporate reorganization, Mid-Maine Telplus converted from a corporation to a limited liability company. ITC-ASG-20120131-00038 E CRC Communications LLC Assignment Grant of Authority Date of Action: 02/08/2012 Current Licensee: CRC Communications of Maine, Inc. d/b/a Pine Tree Networks FROM: CRC Communications of Maine, Inc. d/b/a Pine Tree Networks TO: CRC Communications LLC Notification filed January 31, 2012, of the pro forma assignment of international section 214 authorizations, ITC-214-19980608-00391 (Old File No. ITC-98-431) and ITC-214-20000807-00468, held by CRC Communications of Maine Inc. d/b/a Pine Tree Networks to CRC Communications, LLC, effective January 1, 2012. In a corporate reorganization, CRC Communications converted from a corporation to a limited liability company. Page 3 of 7

ITC-T/C-20111208-00364 E Reach Ltd. Transfer of Control Grant of Authority Date of Action: 02/08/2012 Current Licensee: Reach Ltd. FROM: PCCW Limited TO: PCCW Limited Notification filed December 8, 2011, of the pro forma transfer of control of international section 214 authorizations, ITC-214-20070418-00153 and ITC-214-20001228-00771, held by Reach Ltd. (Reach), from HKT Limited (HKT) to the HKT Trust, effective November 24, 2011. HKT and the HKT Trust are ultimately controlled by PCCW Limited (PCCW). PCCW and Telstra Corporation Limited (Telstra) each hold a 50% indirect ownership interest in Reach. Telstra's interests in Reach are not affected by PCCW's corporate reorganization. On November 24, 2011, the ordinary share capital of HKT was transferred to HKT Management Limited in its capacity as the trustee and manger for the HKT Trust. As result HKT is directly held by the HKT Trust, which is managed by HKT Management Limited. At that time both the HKT Trust and HKT Management Limited were wholly-owned by CAS Holding No. 1 Limited (CAS), which in turn is wholly-owned by PCCW. On November 29, 2011, PCCW undertook a public offering of certain share stapled units of the HKT Trust, which resulted in CAS having an approximate 68% controlling interest in the HKT Trust. The remaining ownership interests in the HKT Trust are publicly held. ITC-T/C-20111208-00366 E BtN Access Limited Transfer of Control Grant of Authority Date of Action: 02/08/2012 Current Licensee: BtN Access Limited FROM: HKT Group Holdings Limited TO: The HKT Trust Notification filed December 8, 2011, of the pro forma transfer of control of the international section 214 authorizations listed below, held by BtN Access Limited (BtN), from HKT Group Holdings Limited (HKTGH) to the HKT Trust, effective November 24, 2011. BtN is an indirect wholly-owned subsidiary of HKTGH. In an internal corporate reorganization, the ownership shares of HKTGH were transferred from CAS Holding No. 1 Limited (CAS) to HKT Limited, the ordinary share capital of which was immediately transferred to HKT Management Limited in its capacity as the trustee and manger for the HKT Trust. As result HKTGH is a direct wholly-owned subsidiary of HKT Limited which is directly held by the HKT Trust, which is managed by HKT Management Limited. At that time both the HKT Trust and HKT Management Limited were wholly-owned by CAS, which in turn is wholly-owned by PCCW Limited. On November 29, 2011, PCCW Limited undertook a public offering of certain share stapled units of the HKT Trust, which resulted in CAS having an approximate 68% controlling interest in the HKT Trust. The remaining ownership interests in the HKT Trust are publicly held. BtN holds the following international section 214 authorizations: ITC-MOD-20020829-00511, ITC-214-19980303-00158, ITC-214-19980930-00689 (Old File No. ITC-98-196), ITC-214-19981218-00880, ITC-214-19990601-00305, ITC-214-19990601-00306, ITC-214-19990601-00307, ITC-214-19990601-00308, ITC-214-19991122-00725, ITC-214-19991122-00726, ITC-214-19991122-00727, and ITC-214-20021024-00567. PCCW Global, Inc. and PCCW Global Limited, both wholly-owned subsidiaries of BtN, provide service under authority of the international section 214 authorizations held by BtN, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). ITC-T/C-20111208-00369 E Reach Ltd. Transfer of Control Grant of Authority Date of Action: 02/08/2012 Current Licensee: Reach Ltd. FROM: PCCW Limited TO: PCCW Limited Notification filed December 8, 2011, of the pro forma transfer of control of international section 214 authorizations, ITC-214-20070418-00153 and ITC-214-20001228-00771, held by Reach Ltd. (Reach), from Pacific Century Cable Holdings Limited (PCCH), to HKT Limited (HKT), effective November 7, 2011. PCCW Limited (PCCW) and Telstra Corporation Limited (Telstra) each hold a 50% indirect ownership interest in Reach. Prior to the reorganization, PCCW held its ownership interests in Reach through a PCCH. On November 7, 2011, PCCH transferred its ownership interest in Reach to a new holding company, HKT, that is ultimately controlled by PCCW. Telstra's interests in Reach are not affected by PCCW's corporate reorganization. Page 4 of 7

ITC-T/C-20111216-00380 E IdeaOne Telecom Group, LLC Transfer of Control Grant of Authority Date of Action: 02/03/2012 Current Licensee: IdeaOne Telecom Group, LLC FROM: North Dakota Telecom I, LLC TO: Hickory Tech Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20111115-00345, held by IdeaOne Telecom Group, LLC (IdeaOne), from its two current owners North Dakota Telecom I, LLC (NDT) (50.60%) and Southeast Rural Vision Enterprises Co. (SERVE) (49.40%), to Hickory Tech Corporation (HickoryTech). HickoryTech will purchase all of the outstanding member-owned interests of IdeaOne from NDT/SERVE, and upon closing IdeaOne will become a wholly-owned subsidiary of HickoryTech. HickoryTech is a publicly traded corporation in which no individual or entity holds a direct or indirect 10 percent or greater equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20120125-00012 E XO Communications, LLC Transfer of Control Grant of Authority Date of Action: 02/08/2012 Current Licensee: XO Communications, LLC FROM: XO Holdings, LLC TO: XO Holdings, G.P. Notification filed January 25, 2012, of the pro forma transfer of control of international section 214 authorization, ITC-214-20001117-00674, held by XO Communications, LLC (XO LLC), from XO Holdings, LLC (Holdings) to XO Holdings (Holdings G.P.), effective January 1, 2012. In a corporate restructuring, Holdings was converted to general partnership - Holdings G.P. Holdings was 100% percent owned by various entities owned and controlled by Carl C. Icahn. Holdings G.P. is 100% owned and controlled by various entities owned and controlled by Carl C. Icahn, some of which are different than the entities that owned Holdings. The following wholly-owned subsidiaries of XO LLC provide international service under its international section 214 authorization, ITC-214-20001117-00674, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): XO Communications Services, LLC.; XO Virginia, LLC; Telecommunications of Nevada, LLC; XO International, LLC.; and, XO NS, Inc. ITC-T/C-20120126-00026 E Voicecom Telecommunications, LLC Transfer of Control Grant of Authority Date of Action: 02/08/2012 Current Licensee: Voicecom Telecommunications, LLC FROM: Voicecom Telecommunications, Inc. TO: ACG Telecom, LLC Notification filed January 26, 2012, of the pro forma transfer of control of international section 214 authorization, ITC-214-20020509-00226, held by Voicecom Telecommunications, LLC (Voicecom), from Voicecom Telecommunications, Inc. (Voicecom Holdco) to ACG Telecom, LLC (ACG), effective December 28, 2011. Pursuant to an internal restructuring, Voicecom Holdco transferred its 100% membership interest in Voicecom to ACG. Both Voicecom and ACG are owned by Amvensys Capital Group, LLC. SURRENDER ITC-214-20001204-00708 DSLnet Communications, LLC By letter filed January 27, 2012, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20040213-00050 The Money Store, L.P. d/b/a The Money Box By letter filed January 26, 2012, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20100511-00187 VoiParty, Inc. By letter filed February 2, 2012, Applicant notified the Commission of the Surrender of its international section 214 authorization. Page 5 of 7

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 6 of 7

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 7 of 7


Document Created: 2012-02-08 16:19:28
Document Modified: 2012-02-08 16:19:28
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