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. 11-64 Thursday January 13, 2011TEL-01477 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. ITC-214-20100809-00323 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 01/03/2011 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 Bangla Trac International USA, LLC ITC-214-20100818-00335 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 01/12/2011 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 19IP.COM, Inc. Page 1 of 7 ITC-214-20100825-00349 E Global or Limited Global Resale Service Date of Action: 01/12/2011 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 Global Rap, Inc. ITC-214-20101109-00437 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 01/12/2011 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 Annix Telecommunication, Inc. ITC-214-20101119-00448 E Individual Facilities-Based and Resale Service Date of Action: 01/12/2011 Service(s): Application for authority to provide facilities-based and resale service on the U.S.-Cuba route in accordance with section 63.18(e)(3) of the Commission’s rules, 47 C.F.R. § 63.18(e)(3), and pursuant to the Commission’s process for applications for service to Cuba (see DA 10-112, 25 FCC Rcd 436 (IB rel. Jan. 21, 2010)). Grant of Authority International Telecommunications Certificate ICONNECT WHOLESALE, INC. ITC-214-20101214-00479 E Global or Limited Global Resale Service Date of Action: 01/06/2011 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 Meimoun & Mammon, LLC ITC-214-20101217-00489 E Global or Limited Global Resale Service Date of Action: 01/06/2011 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 Wisconsin RSA #7 Limited Partnership Page 2 of 7 ITC-ASG-20101203-00471 E Date of Action: 01/06/2011 TO: Application filed for consent to the assignment of international section 214 authorization, ITC-214-19940411-00382 (Old File No. ITC-94-083), from Ascent Media Network Services, LLC (AMNS) to BFI Licenses, LLC (BFI). AMNS will be sold by Ascent Media Corporation, the indirect 100% parent of AMNS, to Encompass Digital Media, Inc. (Encompass), the direct 100% parent of BFI. The international section 214 authorization will then be assigned from AMNS to BFI, and both will be wholly-owned subsidiaries of Encompass. Encompass is a wholly-owned direct subsidiary of Encompass Digital Media Group, Inc. (EDMG). BFI Investors, LLC (BFII) holds approximately 62.5% of the equity and voting interest in EDMG. The Wasserstein Family Trust LLC holds approximately 77% of the equity and voting interests in BFII, and is wholly-owned by The 2001 Wasserstein Family Trust. Mr. Ellis Jones, a U.S. citizen, holds approximately 15.2% of the equity and voting interests in BFII and is the Manager of both BFII and The Wasserstein Family Trust LLC and is the trustee for The 2001 Wasserstein Family Trust. The beneficiaries of the The 2001 Wasserstein Family Trust, all of whom are U.S. citizens, are Pamela S. Wasserstein, Ben C. Wasserstein, Alexander D.S. Wasserstein, Jack D. Wasserstein, Dash P. Wasserstein and Sky W.E. Wassertsein. Simon Bax and William Tillson, U.S. citizens, each holds approximately 13.2% of the equity and voting interests in EDMG. Tennenbaum Capital Partners, LLC (TCP) holds approximately 10.8% of the equity and voting interests in EDMG by virtue of its role as the investment manager to four investment companies, none of which holds a ten percent or greater interest in EDMG. The managing member of TCP is Tennenbaum & Co. LLC. Michael Tennenbaum is the managing member of Tennenbaum & Co. LLC, which is wholly owned by Mr. Tennenbaum and his wife, Suzanne Stockfisch Tennenbaum, each a U.S. citizen. No other individual or entity will have a ten percent or greater direct or indirect equity or voting interest in EDMG or BFI. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Ascent Media Network Services, LLC Grant of Authority FROM: Current Licensee: BFI Licenses, LLC Ascent Media Network Services, LLC Assignment BFI Licenses, LLC ITC-ASG-20101227-00493 E Date of Action: 01/12/2011 TO: Notification filed December 27, 2010, of the pro forma assignment of international section 214 authorization, ITC-214-20040116-00017, held by Comcast Phone of New York, LLC to its direct parent Comcast Phone II, LLC (Comcast Phone II), a wholly-owned subsidiary of Comcast Corporation, effective December 1, 2010. Upon closing, the following wholly-owned subsidiaries of Comcast Phone II will provide international service under authority of the section 214 authorization held by Comcast Phone II, ITC-214-20040116-00017, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): Comcast Phone of Alabama, LLC, Comcast Phone of Arkansas, LLC, Comcast Phone of Arizona, LLC, Comcast Phone of Central Indiana, LLC, Comcast Phone of Delaware, LLC, Comcast Phone of D.C., LLC, Comcast Phone of Kansas, LLC, Comcast Phone of Kentucky, LLC, Comcast Phone of Mississippi, LLC, Comcast Phone of Missouri, LLC, Comcast Phone of New Jersey, LLC, Comcast Phone of New Mexico, LLC, Comcast Phone of New York, LLC, Comcast Phone of Northern Maryland, Inc., Comcast Phone of South Carolina, Inc., Comcast Phone of Tennessee, LLC, and Comcast Phone of Wisconsin, LLC. Comcast Phone of New York, LLC Grant of Authority FROM: Current Licensee: Comcast Phone II, LLC Comcast Phone of New York, LLC Assignment Comcast Phone II, LLC Page 3 of 7 ITC-T/C-20101015-00413 E Date of Action: 01/11/2011 TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-MOD-20051205-00515, held by Cypress Communications Operating Company, LLC (Cypress), from its indirect 100 percent parent, TechInvest Holding Company, Inc. (THC), to The Broadvox Holding Company, LLC (Broadvox). Pursuant to the terms of an Agreement and Plan of Merger dated October 12, 2010, CCI Acquisition Corp., a newly formed wholly-owned subsidiary of Broadvox, will merge with and into THC, with THC emerging as the surviving entity. Upon closing, THC and Cypress will thus become the direct and indirect subsidiaries of Broadvox, respectively. Broadvox is wholly owned and managed by its sole member, Broadvox, Inc. (Broadvox Parent). Three individuals, all U.S. citizens, hold ten percent or greater ownership interests in Broadvox Parent: Andre Temnorod, Chairman and CEO (43.66%); Eugene Blumin, Chief Operating Officer (21.83%); Alex Bederman (21.83%). No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Cypress. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on January 10, 2011, by the Department of Justice, including the Federal Bureau of Investigation, and the Department of Homeland Security (Executive Branch Agencies). Accordingly, we condition grant of this application on Broadvox Holding Company abiding by the commitments and undertakings contained in its January 9, 2011 letter to the Assistant Secretary for Policy, U.S. Department of Homeland Security, and the Assistant Attorney General for National Security, U.S. Department of Justice (January 9 2011 Letter). A copy of the Petition and the January 9, 2011 Letter are publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20101015-00413 and accessing "Other filings related to this application" from the Document Viewing area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. TechInvest Holding Company, Inc. Grant of Authority FROM: Current Licensee: The Broadvox Holding Company, LLC Cypress Communications Operating Company, LLC Transfer of Control Cypress Communications Operating Company, LLC ITC-T/C-20101215-00482 E Date of Action: 01/06/2011 TO: Application for consent to the transfer of control of international section 214 authorization, ITC-214-20081020-00469, held by South Canaan Cellular Communications Company, L.P. d/b/a Cellular One of Northeast (SCC-LP), from South Canaan Cellular Investments, LLC (SCC-INV), the general partner of SCC-LP, to USCIC of Pennsylvania 5, Inc. (USCIC). USCIC currently holds a 49% limited partnership interest in SCC-LP. USCIC will acquire the other interests in SCC-LP. Specifically, USCIC will acquire the controlling interest in SCC-LP from SCC-INV and the limited partnership interests held by South Canaan Cellular Equity, LLC (39.8%) and South Canaan Telephone Company (10.2%). USCIC is a wholly-owned subsidiary of United States Cellular Corporation (USCC). Telephone Data Systems, Inc. (TDS) has an 81.8% and controlling interest in USCC. TDS is controlled by a Voting Trust consisting of four (4) siblings, all U.S. citizens: LeRoy T. Carlson, Jr., Walter C.D. Carlson, Prudence E. Carlson, and Dr. Letitia G.C. Carlson. The Voting Trust controls 53.5% of the voting power of TDS's total shares that vote in matters other than the election of directors and 94.5% of the TDS Series A Common shares which elect eight (8) of TDS's twelve (12) directors. Southeastern Asset Management, Inc. has beneficial ownership of 23.9% of TDS Special Common Shares, and its combined ownership of TDS Common Shares and TDS Special Common Shares represent 14.2% of the voting power in the shares which elect the other four (4) of TDS's twelve (12) directors. Capital Research Global Investors has beneficial ownership of 10.1% of the TDS Special Common Shares. BlackRock Inc. has beneficial ownership of 11.8% of the TDS Common Shares. No other individual or entity, directly or indirectly, holds 10 percent or greater equity or voting interest in TDS. This authorization is without prejudice to the Commission's action in any other related pending proceedings. South Canaan Cellular Investments, LLC Grant of Authority FROM: Current Licensee: USCIC OF PENNSYLVANIA 5, INC. South Canaan Cellular Communications Company, L.P. dba Cellular One of Northeast Transfer of Control South Canaan Cellular Communications Company, L.P. dba Cellular One of Northeast CORRECTIONS ITC-214-20091022-00452 Enterprise Satellite Solutions LLC The international section 214 authorization granted to Enterprise Satellite Solutions LLC, ITC-214-20091022-00452, DA 09-2578, released December 10, 2009, is revised to correct the "service type": Service(s): INMARSAT and Mobile Satellite Service Application for authority to provide facilities-based service via Inmarsat satellites in accordance with section 63.18(e)(3) of the Commission's rules, 47 C.F.R. § 63.18(e)(3). INFORMATIVE ITC-214-20000404-00211 SNIP Link, LLC By letter dated December 30, 2010, Applicant notified the Commission that SNiP LiNK, LLC will be discontinuing their international 214 service. Page 4 of 7 SURRENDER ITC-214-20061017-00471 Purple Communications, Inc. By letter filed December 30, 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 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