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. 10-904 Thursday May 20, 2010TEL-01429 Report No. Section 214 Applications (47 C.F.R. § 63.18); Section 310(b)(4) Requests INTERNATIONAL AUTHORIZATIONS GRANTED 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. Page 1 of 7 ISP-PDR-20090818-00006 P Date of Action: 05/11/2010 Stratos Offshore Services Company (Stratos Offshore or "Petitioner") requests that the Commission extend its existing declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), to cover the Broadband Radio Service (BRS) licenses that it won in Auction No. 86, see DA 09-2378 (rel. Nov. 6, 2009). Specifically, Petitioner requests a declaratory ruling approving the same level of indirect foreign ownership in the BRS licenses as the Commission previously granted to Stratos Offshore for other common carrier wireless licenses. Petitioner notes that the Commission previously granted a declaratory ruling approving the 100% indirect foreign ownership of Stratos Offshore by Inmarsat plc and intermediate subsidiaries. See Robert M. Franklin, Transferor, Inmarsat plc, Transferee, Consolidated Application for Consent to Transfer of Control of Stratos Global Corporation and its Subsidiaries from an Irrevocable Trust to Inmarsat plc, IB Docket No. 08-143, Memorandum Opinion and Order and Declaratory Ruling, DA 09-117, 24 FCC Rcd 449 (IB 2009) application for review pending. Stratos Offshore, a Delaware corporation, is a wholly-owned subsidiary of Stratos Holdings, Inc., also a Delaware corporation. Stratos Offshore and Stratos Holdings are ultimately indirect, wholly-owned subsidiaries of Inmarsat plc through named intermediate subsidiaries which are organized under the laws of Canada and the United Kingdom, both of which are World Trade Organization ("WTO") Member countries. Inmarsat plc is a widely-held, publicly traded company organized under the laws of the United Kingdom. According to Petitioner, the following entities or individuals hold ten percent or greater interests in Inmarsat plc, and indirectly in Stratos Offshore: Harbinger Capital Partners Master Fund I, Ltd. ("Master Fund") and Harbinger Capital Partners Special Situations Fund, L.P. ("Special Fund") (collectively, 28.13%); HGW Holding Company, L.P. ("HGW") (28.13%); Harbinger Capital Partners LLC (investment manager to the Master Fund and Special Fund) (28.13%); Harbinger Capital Partners Special Situations GP, LLC ("HCPSS") (general partner of Special Fund) (28.13%); Harbinger Holdings, LLC (managing member of Harbinger Capital Partners LLC and HCPSS) (28.13%); HGW GP, Ltd ("HGWGP") (general partner of HGW) (28.13%); Philip A. Falcone (a U.S. citizen and managing member of Harbinger Holdings, LLC, portfolio manager to the Master Fund and Special Fund, and controlling interest holder in HGWGP) (28.13%); and Lansdowne Partners Limited ("Lansdowne") (13.04%, aggregate voting power held through management of various Landsdowne investment funds). The Master Fund, HGW and HGWGP are organized under the laws of the Cayman Islands, a WTO Member country. The Special Fund is a Delaware limited partnership. Each of the other named Harbinger entities is a Delaware limited liability company. Lansdowne was formed under the laws of the United Kingdom. Pursuant to section 310(b)(4) and the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18518 (2000), we find that the public interest would be served by granting the Petitioner's request. Accordingly, we extend the existing foreign ownership for Stratos Offshore to cover the specific BRS licenses it won in Auction 86. We condition our grant of the petition for declaratory ruling on Stratos Offshore continuing to comply with the Network Security Agreement between Inmarsat plc, Stratos Global Corp., the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), dated September 23, 2008, and continued compliance of Stratos Global Corp. with the Network Security Agreement between Stratos Global, DOJ, FBI and the Department of Homeland Security, dated August 7, 2001 and Amendment No. 1 to that agreement, dated August 14, 2007. A copy of the National Security Agreements and Amendment No. 1 are publicly available at 24 FCC Rcd 449, 489 (Appendix B). This ruling is without prejudice to the Commission's action in any other related pending proceedings. Grant of Authority Petition for Declaratory Ruling Stratos Offshore Services Company ITC-214-20090512-00217 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/11/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate Ladamex, LLC ITC-214-20090817-00385 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/19/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate Intraco Traders, Inc. ITC-214-20091102-00466 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/19/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate US Cambridge Group LLC Page 2 of 7 ITC-214-20100310-00104 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/20/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate UNITED GATEWAY LLC ITC-214-20100409-00155 E Global or Limited Global Resale Service Date of Action: 05/14/2010 Service(s): 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 Authority International Telecommunications Certificate Telaris Enhanced Services, LLC ITC-214-20100416-00158 E Global or Limited Global Resale Service Date of Action: 05/14/2010 Service(s): 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 Authority International Telecommunications Certificate JTRK Enterprises LLC. ITC-214-20100416-00159 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/14/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate Edigen, Inc. ITC-214-20100416-00161 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/14/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate IBC Telecom Corp. ITC-214-20100420-00164 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/14/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate Voyzze Communications, Inc. ITC-214-20100421-00167 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/14/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate CONEQT INC. ITC-214-20100422-00170 E Global or Limited Global Resale Service Date of Action: 05/14/2010 Service(s): 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 Authority International Telecommunications Certificate BEK Communications Cooperative Page 3 of 7 ITC-214-20100423-00171 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 05/14/2010 Service(s): 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). Grant of Authority International Telecommunications Certificate CONEXIONS LLC d/b/a Conexion Wireless ITC-ASG-20100319-00120 E Date of Action: 05/14/2010 TO: Application filed for consent to the assignment of assets, from Comtel Telcom Assets, LP (Comtel) to Matrix Telecom, Inc. (Matrix). Pursuant to the terms of an asset purchase agreement, executed between the parties on March 13, 2010, Matrix will acquire from Comtel substantially all of its customers and telecommunications technology assets, including customer accounts. Upon closing, Matrix will provide services to its newly acquired customers, pursuant to its existing international section 214 authorization, ITC-214-19980915-00644. Matrix Telecom of VA (Matrix-VA), Inc., a wholly-owned subsidiary of Matrix, will provide services to newly acquired customers in Virginia under authority of Matrix's international section 214 authorization pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). Comtel will retain its international section 214 authorizations, ITC-214-19970415-00212, ITC-214-19930330-00053, and ITC-214-19900713-00004. Matrix is wholly owned by MTAC Holding Corporation, which is wholly owned by EnergyTRACS Acquisition Corp., which is in turn wholly owned by Platinum Equity, LLC (Platinum Equity). Tom T. Gores, a U.S. citizen, is the sole owner of Platinum Equity. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Comtel Telcom Assets LP Grant of Authority FROM: Current Licensee: Matrix Telecom, Inc. Comtel Telcom Assets LP Assignment Matrix Telecom, Inc. ITC-ASG-20100415-00157 E Date of Action: 05/14/2010 TO: Application filed for consent to the assignment of certain assets held by Inmate Telephone Incorporated (ITI) to DSI-ITI, LLC (DSI-ITI). Pursuant to an asset purchase agreement dated March 16, 2010, ITI will assign all of its assets related to the provision of inmate operator services, including customer agreements and contracts, vendor agreements and contracts, and all advertising and promotional materials, to DSI-ITI. ITI will retain its international section 214 authorization, ITC-214-20081125-00514. DSI-ITI will provide service to its newly acquired customers pursuant to its international section 214 authorization, ITC-214-20100407-00149. DSI-ITI is a wholly-owned direct subsidiary of Global Tel*Link Corporation and an indirect wholly-owned subsidiary of GTEL Holding, LLC. GTEL Holding, LLC is owned by Veritas Capital Fund III, L.P. (VCP III LLC) (44%) and GS Direct L.L.C (16%). Veritas Capital Partners III, L.L.C. is the sole general partner of Veritas Capital Fund III, L.P. and Robert B. McKeon, a U.S. citizen, is the managing member of VCP III LLC. Credit Suisse Private Equity, Inc. holds an approximately 14% interest in GTEL Holding, LLC though its interest in VCP III LLC. The Goldman Sachs Group, Inc. owns 100% of GS Direct L.L.C and thus has a 16% indirect interest in GTEL Holding, LLC. RDV Corporation, which is owned by the DeVos family, holds an aggregate 12.5% interest in GTEL Holding, LLC; 6.42% directly through GT Group Investors, LLC; 3.14% directly through 804 Investors LLC; and, 2.95% indirectly through VCP III LLC. No other entity or individual holds 10 percent or greater direct or indirect ownership interest in GTEL Holding LLC or DSI-ITI. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Inmate Telephone Incorporated Grant of Authority FROM: Current Licensee: DSI-ITI, LLC Inmate Telephone Incorporated Assignment DSI-ITI, LLC ITC-ASG-20100518-00199 E Date of Action: 05/19/2010 TO: Notification filed May 18, 2010 of the pro forma assignment of international section 214 authorization, ITC-214-20090616-00560, held by Adams Divestiture Company LLC (Adams LLC) to Allied Wireless Communications Corporation (AWCC), effective April 26, 2010. Pursuant to an internal reorganization, Adams LLC merged with and into AWCC with AWCC being the surviving entity. Adams LLC was, and AWCC continues to be, wholly-owned subsidiaries of Atlantic Tele-Network, Inc. Adams Divestiture Company LLC Grant of Authority FROM: Current Licensee: Allied Wireless Communications Corporation Adams Divestiture Company LLC Assignment Allied Wireless Communications Corporation Page 4 of 7 Dismissal ITC-214-20090922-00420 OMNIAT International Telecom, LLC Application hereby dismissed by the Chief, Policy Division, International Bureau on May 19, 2010, pursuant to section 1.1910(a)(1) of the Commission's rules, 47 CFR 1.1910(a)(1), for failure to pay its delinquent debt to the Commission. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. SURRENDER ITC-214-19990413-00244 Zayo Bandwidth, LLC By letter filed March 31, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20020115-00011 Latin American Nautilus U.S.A. Inc. By letter filed May 13, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20060523-00284 Zayo Bandwidth, LLC By letter filed March 31, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20090709-00321 VCONEXION, INC. By letter filed April 29, 2010, 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 hS 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 -- Last Modified December 22, 1999 -- 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 generally 47 C.F.R. § 63.22. Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice Report No. I-6831, dated July 27, 1993, "FCC to Accept Applications for Service to Cuba.") 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