Public Notice TEL01597S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2013-01-04

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IBFS_PN_979822

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 Report No. TEL-01597S Friday January 4, 2013 Streamlined International Applications Accepted For Filing Section 214 Applications (47 C.F.R. § 63.18); Section 310(B)(4) Requests Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in Section 63.12 of the Commission's rules, 47 C.F.R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. Communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 3

ITC-214-20121031-00296 E Ricochet, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-214-20121210-00319 E Bovalan, Inc. DBA SimplyTalk(TM) International Telecommunications Certificate Service(s): Global or Limited Global Resale Service 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-214-20121210-00323 E Ocean Technology Limited International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-214-20121213-00324 E Pure IP US LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-214-20121222-00325 E Advanced Voice Technologies LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-20121221-00326 E Birch Communications, Inc. Assignment Current Licensee: Covista, Inc. FROM: Covista, Inc TO: Birch Communications, Inc. Application filed for consent to the assignment of certain assets held by Covista, Inc. (Covista) to Birch Communications, Inc. (BCI). Pursuant to a November 30, 2012, asset purchase agreement between Covista, BCI and Birch Telecom, Inc. (Birch Telecom), a direct wholly-owned subsidiary of BCI (jointly "Birch"), Birch will purchase from Covista certain customer accounts and receivables, certain customer agreements and contracts, certain vendor agreements and contracts, certain equipment, and certain intellectual property. Covista will retain its international section 214 authorization, ITC-214-19981023-00834. Upon closing, BCI will provide international service to its newly acquired customers - in Arkansas, Massachusetts, New Jersey, New York, Pennsylvania, and Virginia - pursuant to its existing international section 214 authorization, ITC-214-19970926-00584 (Old File No. ITC-97-586). Birch Communications of Virginia, Inc., a wholly-owned subsidiary of BCI, provides international service under authority of BCI's international section 214 authority, ITC-214-19970926-00584, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. §63.21(h). BCI is a wholly owned subsidiary of Birch Communications Holdings, Inc. (Birch Holdings). Birch Holdings is owned by the following two individuals, both U.S. citizens: Holcombe Green (66%) and R. Kirby Godsey (32%). Mr. Godsey holds ownership interest through his individual holdings and through the R. Kirby Godsey Grantor Retained Annuity Trust. Page 2 of 3

ITC-ASG-20121221-00327 E Birch Telecom, Inc. Assignment Current Licensee: Covista, Inc. FROM: Covista, Inc TO: Birch Telecom, Inc. Application filed for consent to the assignment of certain assets held by Covista, Inc. (Covista) to Birch Telecom, Inc. (Birch Telecom). Pursuant to a November 30, 2012, asset purchase agreement between Covista, Birch Telecom, Inc. and Birch Communications, Inc. (BCI), the 100% direct parent of Birch Telecom (jointly "Birch"), Birch will purchase from Covista certain customer accounts and receivables, certain customer agreements and contracts, certain vendor agreements and contracts, certain equipment, and certain intellectual property. Covista will retain its international section 214 authorization, ITC-214-19981023-00834. Upon closing, Birch Telecom will be acquiring new customers in the following states: Alabama, Delaware California, Connecticut, Colorado, District of Columbia, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee Texas, Vermont, Washington, Wisconsin, and Wyoming. Birch Telecom will provide international service to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19990701-00441. The following wholly-owned subsidiaries of Birch Telecom provide international service under authority of Birch Telecom's international section 214 authority, 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 the South, Inc., Birch Telecom of the West, Inc., Birch Telecom of the Great lakes, Inc., Birch Telecom of Missouri, Inc., Birch Telecom of Oklahoma, Inc., Birch Telecom of Texas, Ltd., Birch Telecom of Kansas, Inc., Birch Communications of the Northeast, Inc., Ionex Communications, Inc., Ionex Communications South, Inc., and Ionex Communications North, Inc. BCI is a wholly owned subsidiary of Birch Communications Holdings, Inc. (Birch Holdings). Birch Holdings is owned by the following two individuals, both U.S. citizens: Holcombe Green (66%) and R. Kirby Godsey (32%). Mr. Godsey holds ownership interest through his individual holdings and through the R. Kirby Godsey Grantor Retained Annuity Trust. REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001-.2003. A current version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. Page 3 of 3


Document Created: 2013-01-03 16:03:46
Document Modified: 2013-01-03 16:03:46
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