Public Notice TEL01546

International Telecommunications

Action Taken Public Notice

2012-02-23

FCC.report > IB > Public Notices > TEL01546

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IBFS_PN_940181

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. 12-258 Report No. TEL-01546 Thursday February 23, 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-214-20110926-00425 E TOTAL ACCESS TELECOM 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: 02/17/2012 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-214-20111223-00383 E SPAN3 Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/17/2012 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-214-20120117-00013 E EL VECINO OF TEXAS INC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/17/2012 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-214-20120124-00016 E AMDESH, INC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/17/2012 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-214-20120125-00010 E Master Call Corporation International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 02/17/2012 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-ASG-20120131-00034 E MTS Allstream Holdings, Inc. Assignment Grant of Authority Date of Action: 02/22/2012 Current Licensee: MTS Inc. FROM: MTS Inc. TO: MTS Allstream Holdings, Inc. Notification filed January 31, 2012, of the pro forma assignment of international section 214 authorization, ITC-214-19981207-00852, from MTS Inc. (MTS) (f/k/a MTS Allstream Inc.) to MTS Allstream Holdings, Inc. (Allstream Holdings), effective January 1, 2012. As part of a corporate reorganization, MTS assigned its 214 authorization to its corporate parent, Allstream Holdings. ITC-ASG-20120214-00052 P DIECA Communications, Inc. Assignment Grant of Authority Date of Action: 02/22/2012 Current Licensee: DSLnet Communications, LLC FROM: DSLnet Communications, LLC TO: DIECA Communications, Inc. Notification filed February 14, 2012, of the pro forma assignment of international section 214 authorizations, ITC-214-20001204-00708 and ITC-214-19990716-00434, from DSLnet Communications, LLC (DSLnet) to DIECA Communications, Inc. (DIECA), effective December 31, 2011. In an intra-corporate reorganization, DSLnet merged with and into DIECA with DIECA being the surviving entity. DSLNet was, and DIECA continues to be, a wholly-owned subsidiary of Covad Communications Group, Inc. ITC-ASG-20120214-00053 P DIECA Communications, Inc. Assignment Grant of Authority Date of Action: 02/22/2012 Current Licensee: Covad Communications Company FROM: Covad Communications Group, Inc. TO: DIECA Communications, Inc. Notification filed February 14, 2012, of the pro forma assignment of international section 214 authorization, ITC-214-20021118-00544, from Covad Communications Company (CCC) to DIECA Communications, Inc. (DIECA), effective December 31, 2011. In an intra-corporate reorganization, CCC merged with and into DIECA with DIECA being the surviving entity. CCC was, and DIECA continues to be, a wholly-owned subsidiary of Covad Communications Group, Inc. Page 2 of 7

ITC-T/C-20101115-00451 E Telecom Argentina USA, Inc. Transfer of Control Grant of Authority Date of Action: 02/22/2012 Current Licensee: Telecom Argentina USA, Inc. FROM: W de Argentina - Inversiones S.L. TO: Telecom Italia S.p.A. Notification filed November 15, 2010, of the pro forma transfer of control of international section 214 authorization, ITC-214-20010129-00034, held by Telecom Argentina USA Inc., from W de Argentina - Inversiones S.L. (W de Argentina) to Telecom Italia S.p.A. (Telecom Italia), effective October 13, 2010. Telecom Argentina USA is a wholly-owned subsidiary of Telecom Argentina, S.A., which in turn is controlled by Nortel Inversora S.A., which is controlled by Sofora Telecommunicaciones S.A. (Sofora). Prior to this transaction, Telecom Italia and W de Argentina each held a 50% ownership interest in Sofora. On October 13, 2010, W de Argentina transferred an 8% ownership interest in Sofora to Telecom Italia so that Telecom Italia had a 58% and controlling interest in Sofora, and thus indirect control of Telecom Argentina USA, and W de Argentina had a 42% interest in Sofora. Telecom Argentina USA agrees to continue to be classified as a dominant carrier under section 63.10 of the Commission's rules, 47 C.F.R. §63.10, on the U.S.-Argentina route. ITC-T/C-20110715-00203 E Telecom Argentina USA, Inc. Transfer of Control Grant of Authority Date of Action: 02/14/2012 Current Licensee: Telecom Argentina USA, Inc. FROM: Telecom Italia S.p.A. TO: W de Argentina - Inversiones S.L. Application for consent to transfer control of international section 214 authorization, ITC-214-20010129-0034, held by Telecom Argentina USA, Inc., from Telecom Italia S.p.A. to W de Argentina - Inversiones, S.L. (W de Argentina). Telecom Argentina USA is a wholly-owned subsidiary of Telecom Argentina, S.A., which in turn is controlled by Nortel Inversora S.A., which is controlled by Sofora Telecommunicaciones S.A. (Sofora). Prior to this transaction, Telecom Italia S.p.A. held a 50% ownership interest in Sofora, W de Argentina held 48% interest and France Telecom held a 2% interest. On April 17, 2009, without prior Commission consent, W de Argentina acquired the 2% interest in Sofora held by France Telecom, thus increasing its interest to 50%. W de Argentina is owned in equal shares by four individuals, all citizens of Argentina: Daniel Werthein, Adrian Werthein, Gerardo Werthein, and Dario Werthein. Telecom Argentina USA agrees to continue to be classified as a dominant carrier under section 63.10 of the Commission's rules, 47 C.F.R. § 63.10, on the U.S.-Argentina route. This authorization is without prejudice to the Commission's action in any other related pending proceedings. 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-T/C-20120126-00030 E ComNet (USA) LLC Transfer of Control Grant of Authority Date of Action: 02/22/2012 Current Licensee: ComNet (USA) LLC FROM: CITIC Group TO: CITIC Group Corporation Notification filed January 26, 2012, of the pro forma transfer of control of international section 214 authorization, ITC-214-20090424-00199, held by ComNet (USA) LLC (ComNet), from CITIC Group to CITIC Group Corporation, effective December 27, 2011. CITIC Group was restructured from a state-owned enterprise into a state-owned limited liability company - CTIC Group Corporation. It remains wholly-owned by the government of China. In addition, CITIC Limited was created to hold a substantial portion of the existing business and assets of CITIC Group Corporation, including the existing indirect 60.59% interest in CITIC Telecom International Holdings Limited (formerly CITIC 1616 Holdings Limited), which indirectly holds 100% interest in ComNet. Finally, CITIC Investment (HK) Limited was created to hold the approximately 37% interest in CITIC Pacific Limited, an indirect holder of the group's 60.59% interest in CITIC Telecom International Holdings Limited. Page 3 of 7

ITC-T/C-20120126-00031 E Pacific Networks Corp. Transfer of Control Grant of Authority Date of Action: 02/22/2012 Current Licensee: Pacific Networks Corp. FROM: CITIC Group TO: CITIC Group Corporation Notification filed January 26, 2012, of the pro forma transfer of control of international section 214 authorization, ITC-214-20090105-00006, held by Pacific Networks Corp. (Pacific Networks) from CITIC Group to CITIC Group Corporation, effective December 27, 2011. CITIC Group was restructured from a state-owned enterprise into a state-owned limited liability company - CTIC Group Corporation. It remains wholly-owned by the government of China. In addition, CITIC Limited was created to hold a substantial portion of the existing business and assets of CITIC Group Corporation, including the existing indirect 60.59% interest in CITIC Telecom International Holdings Limited (formerly CITIC 1616 Holdings Limited), which indirectly holds 100% interest in Pacific Networks. Finally, CITIC Investment (HK) Limited was created to hold the approximately 37% interest in CITIC Pacific Limited, an indirect holder of the group's 60.59% interest in CITIC Telecom International Holdings Limited. ITC-T/C-20120130-00032 E AT&T Mobility Wireless Operations Holdings INC Transfer of Control Grant of Authority Date of Action: 02/22/2012 Current Licensee: AT&T Mobility Wireless Operations Holdings INC FROM: SBC Alloy Holdings, Inc. TO: SBC Telecom, Inc. Notification filed January 30, 2012 of the pro forma transfer of control of international section 214 authorization, ITC-214-20031017-00481, held by AT&T Mobility Wireless Operations Holdings Inc. (Holdings Inc.), from SBC Alloy Holdings, Inc. (Alloy) to SBC Telecom, Inc. (SBC Telecom), effective December 31, 2011. In an internal corporate reorganization, the interests in AT&T NCWS Holdings, Inc. (NCWS Holdings), the indirect 100% parent of Holdings Inc., were redistributed. Alloy, which held a 59.59% interest in NCWS Holdings, was merged into its parent AWACS, Inc., which was then merged into SBC Telecom, with SBC Telecom being the surviving entity of the mergers. In addition, New BellSouth Cingular Holdings, Inc., which held a 40.41% interest in NCWS Holdings, was merged into its direct parent, BellSouth Mobile Data, Inc. (BellSouth Mobile), with BellSouth Mobile being the surviving entity. Upon closing, SBC Telecom has a 59.59% direct interest in NCWS Holdings and indirect interest in Holdings Inc., and BellSouth Mobile has a 40.41% direct interest in NCWS Holdings and indirect interest in Holdings Inc. All of these entities are owned and controlled by AT&T Inc. ITC-T/C-20120130-00033 E AT&T Mobility of Galveston LLC Transfer of Control Grant of Authority Date of Action: 02/22/2012 Current Licensee: AT&T Mobility of Galveston LLC FROM: New Galveston Cellular LLC TO: AT&T Mobility Wireless Operations Holdings LLC Notification filed January 30, 2012 of the pro forma transfer of control of international section 214 authorization, ITC-214-19960516-00196 (Old File No. ITC-96-279), held by AT&T Mobility of Galveston LLC. (Mobility Galveston), from New Galveston Cellular LLC (New Galveston) to AT&T Mobility Wireless Operations Holdings LLC (Holdings LLC), effective December 31, 2011. In an internal corporate reorganization, New Galveston, the direct parent of Mobility Galveston, was merged into Holdings LLC, with Holdings LLC being the surviving entity. Mobility of Galveston thus became a direct wholly-owned subsidiary of Holdings LLC. New Galveston was, and Holdings LLC continues to be, a wholly-owned subsidiary of AT&T, Inc. ITC-T/C-20120215-00051 E Stanacard, LLC Transfer of Control Grant of Authority Date of Action: 02/16/2012 Current Licensee: Stanacard, LLC FROM: Michael Choupak TO: Anastasia Koroleva Notification filed February 15, 2012 of the pro forma transfer of control of international section 214 authorization, ITC-214-20090624-00301, held by Stanacard, LLC (Stanacard), from Michael Choupak (Choupak), to Anastasia Koroleva (Koroleva), effective October 23, 2010. Choupak, the majority owner and Company manager (88.88%), assigned a 44.44% membership interest to Koroleva. Upon closing, Choupak and Koroleva each held 44.44% membership interest in Stanacard. Applicant states in the notification that, as the Company's manager, Choupak held de facto control of Stanacard. Eduard Romanov, holds 11.11% of the remaining membership interest in Stanacard. INFORMATIVE ITC-214-19981207-00852 MTS Inc. Page 4 of 7

INFORMATIVE MTS Allstream Inc. notifies the Commission, see ITC-ASG-20120131-00034, that it has changed its name to MTS Inc., effective January 1, 2012. 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: 2012-02-22 16:30:00
Document Modified: 2012-02-22 16:30:00
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