Public Notice TEL01608

International Telecommunications

Action Taken Public Notice

2013-03-21

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IBFS_PN_990944

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. 13-520 Report No. TEL-01608 Thursday March 21, 2013 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-214-20130201-00047 E Futaris, 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: 03/15/2013 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-214-20130206-00043 E Voister 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: 03/15/2013 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 6

ITC-214-20130211-00055 E CTC Telecom Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/15/2013 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-214-20130219-00061 E Synapse Global 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: 03/15/2013 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-214-20130220-00044 E Lancaster Telephone Company International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/15/2013 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-214-20130220-00058 E Red Sky Global 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: 03/15/2013 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-214-20130221-00059 E Teklinks, 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: 03/15/2013 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-214-20130226-00056 E ELECTRONET BROADBAND International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/15/2013 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-20130213-00057 E Trans National Communications International, Inc. DIP Assignment Grant of Authority Date of Action: 03/20/2013 Current Licensee: Trans National Communications International, Inc. FROM: Trans National Communications International, Inc. TO: Trans National Communications International, Inc. DIP Notification filed February 13, 2013, of the pro forma assignment of international section 214 authorization, ITC-214-20030414-00187, held by Trans National Communications International, Inc. (TNCI) to Trans National Communications International, Inc. Debtor-in-Possession (TNCI DIP), effective October 9, 2011. TNCI filed for Chapter 11 bankruptcy protection on October 9, 2011, with the U.S. Bankruptcy Court for the District Of Massachusetts (case no. 11-19595). The ownership of TNCI did not change as a result of the bankruptcy filing. Page 2 of 6

ITC-T/C-20121029-00274 E Orlando Telephone Company, Inc. Transfer of Control Grant of Authority Date of Action: 03/07/2013 Current Licensee: Orlando Telephone Company, Inc. FROM: Summit Broadband TO: Summit Vista Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970919-00564 (Old File No. ITC-97-581), held by Orlando Telephone Company Inc. d/b/a Summit Broadband, from its 100% parent Summit Broadband Inc., to Summit Vista, Inc (Summit Vista), a newly formed corporation that is wholly owned by Cable Bahamas Ltd. (CBL), a Bahamian publicly traded corporation. Pursuant to the terms of an agreement and plan of merger, a subsidiary of Summit Vista will merge with and into Summit Broadband, with Summit Broadband emerging as the surviving entity. Upon closing, Summit Broadband will continue to operate as a wholly owned subsidiary of Summit Vista. The National Insurance Board of the Bahamas is the largest single shareholder of CBL with 22.32% equity interest. No other individual or entity will hold ten percent or greater direct or indirect equity or voting interest in CBL or in Summit Broadband. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20130128-00032 E AccessLine Communications Corporation Transfer of Control Grant of Authority Date of Action: 03/15/2013 Current Licensee: AccessLine Communications Corporation FROM: Telanetix, Inc. TO: HCP-TELA, LLC Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19981026-00734, held by AccessLine Communications Corporation (ACC), from its 100% indirect parent, Telanetix, Inc. (Telanetix), to HCP-TELA, LLC (HCPT). On July 2, 2010, without prior Commission consent, HCPT acquired a 55% ownership interest in and direct control of Telanetix and thus indirect control of ACC. HCPT currently has a 56.8% ownership interest Telanetix. In addition, CBG-TELA, LLC (CBG) has a 16.2% ownership interest in Telanetix, and EREF-TELA, LLC (EREF) a 12.2% ownership interest. Hale Capital Partners, LP (HCP), a Delaware limited partnership, is the managing member and sole owner of HCPT. Hale Fund Partners, LLC (HFP), a Delaware limited liability company, is the general partner of HCP. Hale Fund Management, LLC (HFM), a Delaware limited liability company, is the manager of EREF and CBG, which are otherwise comprised of non-managing members, none of whom can exercise control. All 10% or greater membership interests in EREF and CBG belong to U.S. citizens. Martin M. Hale, Jr., a U.S. citizen, is the managing member and sole owner of HFP, and also the sole owner of HFM. . EREF Private Equity, LLC (EREF PE), a Delaware limited liability company, is the only member of HCP-TELA, LLC, EREF-TELA, LLC and CBG-TELA, LLC that holds a greater than 10% indirect ownership interest in ACC. MP Alpha Holdings LLP (MP Alpha Holdings), a Delaware limited liability partnership, is the only member of EREF PE that holds a greater than 10% indirect ownership interest in ACC. All of the owners of MP Alpha Holdings are individuals and U.S. citizens. No other individual or entity has a ten percent or greater direct or indirect equity or voting interest in Telanetix or ACC. AccessLine Communications Corporation filed a request for special temporary authority (STA) related to this transaction, ITC-STA-20130128-00019, which was granted February 11, 2013. 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. ITC-T/C-20130228-00066 E U.S. Satellite Corporation Transfer of Control Grant of Authority Date of Action: 03/20/2013 Current Licensee: U.S. Satellite Corporation FROM: New Albertsons Inc. TO: SUPERVALU Inc. Notification filed February 28, 2013, of the pro forma transfer of control of international section 214 authorizations, ITC-214-19910313-00004 (Old File No. ITC-91-040), ITC-214-19800919-00001 (Old File No. WPC-3580), and ITC-214-19870904-00001 (Old File No. ITC-87-166), held by U.S. Satellite Corporation (USSC), from New Albertson's Inc. (NAI) to SUPERVALU Inc. (SUPERVALU), effective February 27, 2013. As part of a corporate restructuring, NAI, the 100% direct parent of USSC, assigned USSC to SUPERVALU, the 100% parent of NAI and USSC. SUPERVALU continues to exercise control over USSC and NAI both prior to and after consummation of the transaction. INFORMATIVE ITC-214-20000927-00570 tw telecom holdings inc. By letter dated March 22, 2013, tw telecom holdings inc. notified the Commission, pursuant to section 63.19 of the Commission's rules, 47 C.F.R. § 63.19, that its wholly-owned subsidiary, tw telecom on Oklahoma llc, will be discontinuing the provision of Complete Dynamic ATM service in the Tulsa, Oklahoma metropolitan area on or after April 26, 2013. Page 3 of 6

INFORMATIVE ITC-214-20030718-00362 TELUS Corporation By letter filed January 30, 2013, Applicant notified the Commission that the following wholly-owned subsidiaries may provide international telecommunications service under the international section 214 authorization held by the applicant, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): TELUS Communications (U.S.) Inc. ITC-214-20080131-00042 PTGi International Carrier Services, Inc. By letter dated March 1, 2013, the Commission was notified that Arbinet Carrier Services, Inc. has changed its name to PTGi International Carrier Services, Inc. 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 that Section. Page 5 of 6

(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


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Document Modified: 2013-03-20 16:17:42
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