PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. CMI$5 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. 13-167 Report No. TEL-01602 Thursday February 7, 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. ISP-.ND-2O121129-OOOO9 P Choice Holdings LLC Amendment Grant of Authority Date of Action: 01/28/2013 Choice Holdings, LLC (Choice Holdings) amends its petition for declaratory ruling under section 3 10(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), related to Wireless Communications Services (WCS) licenses. See ISP-PDR-201 10726-00007. Specifically, Choice Holdings requests the ruling only apply to the WCS license that its subsidiary Choice Phone, LLC will acquire from Cellutec, Inc. The petition for declaratory ruling, as amended, is granted. See ISP-PDR-20l 10726-00007. Page 1 of 8 ISP-PDR-20110726-00007 Petition for Declaratory Ruling Grant of Authority Choice Holdings LLC Date of Action: 01/28/2013 Choice Holdings LLC (Choice Holdings or the Petitioner) requests that the Commission extend its existing declaratory rulings under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), to cover the Wireless Communications Services (WCS) license that its subsidiary Choice Phone, LLC will acquire from Cellutec, Inc. (Call Sign KNLB242). See ULS File No. 0004785044. Petitioner states that its earlier rulings authorized the indirect foreign ownership in excess of the 25 percent benchmark set forth in section 3 l0(b)(4) of Choice Phone (Specialized Mobile Radio, 700 MHz, Advanced Wireless Services (AWS), and broadband Personal Communications Service (PCS) licenses), and Wave Runner LLC (broadband PCS licenses). Choice Holdings and Choice Phone are limited liability companies organized under the laws of Guam. According to the Petitioner, Choice Holdings holds directly approximately 100 percent of the equity and voting interests in Choice Phone. Richard C. Yu, a U.S. citizen, holds directly less than 1 percent of the equity and voting interests in Choice Phone. The direct equity and voting interests in Choice Holdings, in turn, are held as follows: (1) Ronnie S. Lim, a citizen of the Philippines, a World Trade Organization (WTO) Member country (35%), (2) Richard C. Yu, a U.S. citizen (18%) (3) Jeselyn 1. Yu, a U.S. citizen (18%), and (4) Angelic C. Dug, a U.S. citizen (29%). According to the petition, Mr. Yu is the Managing Member of, and has de facto control over, Choice Holdings, Choice Phone, and Wave Runner. Petitioners existing rulings permit Choice Phone and Wave Runner to be owned indirectly by Ronnie S. Lim, a citizen of the Philippines, in an amount up to and including 35% of their equity and voting interests. Choice Phone and Wave Runner may accept up to and including an additional, aggregate 25% indirect foreign equity and/or voting interests from other foreign investors without seeking further Commission approval under section 31 0(b)(4). See ISP-PDR-20050624-00008, DA 07-3402, 22 FCC Red 13652 (lB 2007); ISP-PDR-200801 02-00008, DA 08-1223, 23 FCC Red 8372 (lB 2008); ISP-PDR-20080702-000l7, DA 09-1114, 24 FCC Red 5779 (lB 2009). Pursuant to section 31 0(b)(4) and the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Red 23891(1997), Order on Reconsideration, 15 FCC Red 18158 (2000), we find that the public interest would be served by granting the Petitioner's request as to the WCS license Choice Phone is acquiring, subject to the condition specified below. Accordingly, we extend the existing foreign ownership ruling for Choice Holdings to cover the specific licenses that its subsidiary, Choice Phone, will acqire from Cellutec. We grant the Petition to Adopt Conditions (Petition) filed in this proceeding on January 28, 2013, by the Department of Justice, with the concurrence of the Department of Homeland Security. Accordingly, we condition grant of the petition on Choice Holdings abiding by its commitments and undertakings contained in its July 19, 2007 letter to Sigal P. Mandelker, Elaine N. Lamtnert, and Stewart A. Baker, (July 19, 2007 Letter). The Petition and the July 19, 2007 Letter are publicly available in the record of this proceeding and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20 110726-00007 and accessing "Other filings related to this application" from the Document Viewing Area. This ruling is without prejudice to the Commission's action in any other related pending proceedings. ITC-2].4-20120618-00165 E Celex International 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: 02/04/2013 Application for authority to provide facilities-based service in accordance with section 63.1 8(e)(l) of the Commission's rules, and also to provide resale service in accordance with section 63.l8(e)(2) of the Commission's rules, 47 C.F.R. § 63.18(e)(l), (2). ITC-214-20121114-00292 Carolina West Wireless, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/01/2013 Application for authority to provide resale service in accordance with section 63.1 8(e)(2) of the Commission's rules, 47 C.F.R. § 63. 18(e)(2). ITC-214 -2 0121114 -00293 E Clear Stream Communications, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/01/2013 Application for authority to provide resale service in accordance with section 63.1 8(e)(2) of the Commission's rules, 47 C.F.R. § 63.1 8(e)(2). Page 2 of 8 ITC-214-20130104-00004 E MagnetTelecard, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/01/2013 Application for authority to provide resale service in accordance with section 63.1 8(e)(2) of the Commission's rules, 47 C.F.R. § 63.1 8(e)(2). ITC-214-20130107-00001 E CovodaCommunications, 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: 02/01/2013 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.l8(e)(2) of the Commission's rules, 47 C.F.R. § 63.18(e)(l), (2). ITC-ASG-20130107-00002 E Covoda Communications, Inc. Assignment Grant of Authority Date of Action: 02/01/2013 Current Licensee: COVODA LLC FROM: COVODALLC TO: Covoda Communications, Inc. Application filed for consent to the assignment of assets held by Covoda LLC (CLLC) to Covoda Communications, Inc. (CC!). Pursuant to the terms of an asset purchase agreement, CCI will acquire substantially all of the business assets held by CLLC including telecommunications customer base and contractual and other rights with respect to customer accounts. CLLC will retain its the intemational section 214 authorization, ITC-214-2001 1217-00643. Upon closing, CCI will provide services to its newly acquired customers pursuant to its own intemational section 214 authorization, ITC-214-20130l07-0000l. The following three (3) individuals, all U.S. citizens, hold 10 percent or greater membership interests in CCI: Aaron Suto (51%); Nancy Suto (24.5%); Mark E. Suto (24.5%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20130124-00022 Verizon Maryland LLC Assignment Grant of Authority Date of Action: 02/06/20 13 Current Licensee: Verizon Maryland, Inc. FROM: Verizon Maryland, Inc. TO: Verizon Maryland LLC Notification filed January 24, 2013, of the pro forma assignment of international section 214 authorization, ITC-214-200802l9-00074, from Verizon Maryland, Inc. to Verizon Maryland, LLC, effective December 31, 2012. Pursuant to an internal reorganization, on December 28, 2012, Verizon Maryland, Inc. merged into Verizon Maryland Merge Co., with Verizon Maryland Merge Co. being the surviving entity. On December 31, 2012, Verizon Maryland Merge Co., was converted from a corporation into a limited liability company, and became Verizon Maryland LLC. All the entities are wholly-owned subsidiaries of Verizon Communications, Inc. ITC-ASG- 20130129-00029 E DeltaCom, LLC cl/b/a EarthLink Business Assignment Grant of Authority Date of Action: 02/06/2013 Current Licensee: STS Telecom, LLC cl/b/a EarthLlnk Business FROM: STS Telecom, LLC cl/b/a EarthLlnk Business TO: DeltaCom, LLC d/b/a EarthLink Business Notification filed January 29, 2013, of the pro forma assignment of intemational section 214 authorization, ITC-214-20050325-OOl 39, from STS Telecom LLC dlb/a EarthLink Business (STS) to DeltaCom d!b/aJ EarthLink Business (DeltaCom), both indirect subsidiaries of EarthLink, Inc., effective December 31, 2012. In a corporate restructuring, STS was merged into DeltaCom, with DeltaCom being the surviving entity. Page 3 of 8 ITC-ASG-20130129-00030 Assignment Grant of Authority Current Licensee: One Communications Corp. dlb/a EarthLink Business FROM: One Communications Corp. dlb/a EarthLink Business TO: Business Telecom, Inc. d/b/a EarthLink Business Notification filed January 29, 2013, of the pro forma assignment of international section 214 authorization, ITC-2 14-20040708-00260, held by One Communications Corp. d/b/a EarthLink Business (ONE), to Business Telecom, Inc. d/b/aI EarthLink Business (BTI), both indirect subsidiaries of EarthLink, Inc. (EarthLink), effective December 31, 2012. In a corporate restructuring, ONE was merged into ELink Business, LLC (ELink Biz), another indirect subsidiary of EarthLink, with Elink Biz being the surviving entity. Subsequently, ELink Biz assigned ITC-214-20040708-00260 to BTI. ITC-ASG-20130129-00031 E EarthLink Carrier, LLC Assignment Grant of Authority Date of Action: 02/06/2013 Current Licensee: Saturn Telecommunication Services Inc. d/b/a EarthLink Business FROM: Saturn Telecommunication Services Inc. d/b/a EarthLink Business TO: EarthLink Carrier, LLC Notification filed January 29, 2013, of the pro forma assignment of international section 214 authorization, 1TC-2 14-20070427-00165, from Saturn Telecommunications Services, Inc. d/b/a EarthLink Business (Saturn), to EarthLink Carrier, LLC (ELink Carrier), both indirect subsidiaries of EarthLink, Inc. (EarthLink), effective December 31, 2012. In a corporate restructuring, Saturn was merged into DeltaCom, LLC (DeltaCom), another indirect subsidiary of EarthLink, with DeltaCom being the surviving entity. Subsequently, DeltaCom assigned ITC-214-20070427-00l65 to ELink Carrier. ITC-ASG- 20130130-00021 E Teleport Communications America, LLC Assignment Grant of Authority Date of Action: 02/06/2013 Current Licensee: TCG AMERICA, INC. FROM: TCG AMERICA, INC. TO: Teleport Communications America, LLC Notification filed January 30, 2013 of the pro forma assignment of international section 214 authorization, ITC-2 14-19970814-00493 (Old File No. ITC-97-506), from TCG America, Inc. (TCG America) to Teleport Communications America, LLC (Teleport Communications America), effective December 31, 2012. In a corporate restructuring, TCG America merged into Teleport Communications America, with Teleport Communications America being the surviving entity. TCG America was, and Teleport Communications America continues to be, a wholly-owned subsidiary of AT&T, Inc. Business Telecom, Inc. dlb/a EarthLink Business Date of Action: 02/06/2013 ITC-ASG-20130130-00024 Assignnient Grant of Authority Teleport Communications America, LLC Date of Action: 02/06/2013 Current Licensee: TCG New Jersey, Inc. FROM: TCG New Jersey, Inc. TO: Teleport Communications America, LLC Notification filed January 30, 2013 of the pro forma assignment of international section 214 authorization, ITC-2 14-19890926-00004 (Old File No. ITC-90-003), from TCG New Jersey, Inc. (TCG New Jersey) to Teleport Communications America, LLC (Teleport Communications America), effective December31, 2012. In a corporate restructuring, TCG New Jersey merged into Teleport Communications America, with Teleport Communications America being the surviving entity. TCG New Jersey was, and Teleport Communications America continues to be, a wholly-owned subsidiary of AT&T, Inc. Page 4 of 8 ITC-T/C-20130129-00033 E EarthLink Business, LLC Transfer of Control Grant of Authority Date of Action: 02/06/2013 Current Licensee: EarthLink Business, LLC FROM: New Edge Holdings, LLC TO: EarthLink Business Holdings, LLC Notification filed January 29, 2013, of the pro forma transfer of control of international section 214 authorization, ITC-214-200205 14-00229, held by EarthLink Business LLC (ELink Biz), from its direct parent New Edge Holdings, LLC (NEH), to EarthLink Business Holdings, LLC (EB Holdings), both indirect subsidiaries of EarthLink, Inc. (EarthLink), effective December31, 2012. In a corporate restructuring, NEH was merged into EB Holdings, with EB Holdings being the surviving entity. EB Holdings thus became the new direct parent of ELink Biz. ITC-T/C-2 0130129-00034 E DeltaCom, LLC d/b/a EarthLink Business Transfer of Control Grant of Authority Date of Action: 02/06/2013 Current Licensee: DeltaCom, LLC d/b/a EarthLink Business FROM: EarthLink Carrier, LLC TO: ITCt'DeltaCom, Inc. Notification filed Januaiy 29, 2013, of the pro forma transfer of control of international section 214 authorization, ITC-2 14-19940705-00204 (Old File No. ITC-94-385), held by DeltaCom, LLC d/b/a EarthLink Business (DeltaCom), from its direct parent EarthLink Carrier, LLC (ELink Carrier), to ITC"DeltaCom, Inc. (ITCD), both indirect subsidiaries of EarthLink, Inc. (EarthLink), effective December 31, 2012. In a corporate restructuring, ELink Carrier distributed its membership interests in DeltaCom to ITCD, which then became DeltaComs direct parent company. ITC-T/C-20130130-00020 E BTS Group, Inc. Transfer of Control Grant of Authority Date of Action: 02/06/2013 Current Licensee: BTS Group, Inc. FROM: BTS Group, Inc. TO: BTS Group, Inc. Notification filed January 30, 2013, of the pro forma transfer of control of international section 214 authorization, ITC-2 14-20010921-00482, held by BTS Group, Inc. (BTS), effective December 31, 2012. Rafael Olloqui and Ricardo Olloqui, both citizens of Spain, each hold a 50% ownership interest in BTS. The pro forma transaction occurred when Rafael Olloqui Family, LLC (RAOFL) and Ricardo Olloqui Family, LLC, (RIOFL), both Delaware limited liability companies, was inserted in the BTS Group ownership chain. Upon consummation, the Rafael Olloqui (Rafael) and Ricardo Olloqui (Ricardo), both citizens of Spain, continue to hold their 50-50% ultimate ownership interests in BTS Group. Messrs. Rafael and Ricardo each hold 1% direct interest in RAOFL and RIOFL, respectively. Mr. Rafael holds a 99% interest in RAOFL through his control of Rafael Olloqui Dominguez Family Irrevocable Trust, and Mr. Ricardo holds 99% interest in RIOFL through his control of Ricardo Olloqui Dominguez Family Irrevocable Trust. Page 5 of 8 ITC-T/C-20130130-00026 E one world telecom, lie Transfer of Control Grant of Authority Date of Action: 02/06/2013 Current Licensee: one world telecom, lIe FROM: BTS Group, Inc. TO: BTS Group, Inc. Notification filed January 30, 2013, of the pro forma transfer of control of intemational section 214 authorization, ITC-214-20040 116-00018, held by One World Telecom, LLC (OWT), effective December31, 2012. Telco Equipment & Support Services, Inc., and Business Telecommunications Services, Inc. (BTS) each hold a 50% ownership interest in OWT. BTS is a direct, wholly-owned subsidiary of BTS Group, Inc. (BTS Group). The pro forma transaction occurred when Rafael Olloqui Family, LLC (RAOFL) and Ricardo Olloqui Family, LLC, (RIOFL), both Delaware limited liability companies, were inserted in the BTS Group ownership chain, Upon consummation, the Rafael Olloqui (Rafael) and Ricardo Olloqui (Ricardo), both citizens of Spain, continue to hold their 50-50% ultimate ownership interests in BTS Group. Messrs. Rafael and Ricardo each hold 1% direct interest in RAOFL and RIOFL, respectively. Mr. Rafael holds a 99% interest in RAOFL through his control of Rafael Olloqui Dominguez Family Irrevocable Trust, and Mr. Ricardo holds 99% interest in RIOFL through his control of Ricardo Olloqui Dominguez Family Irrevocable Trust. Page 6 of 8 CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (l) 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, lB 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 Commissions 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 Commissions International Settlements Policy and associated filing requirements contained in Sections 43.51, 64.1001 and 64.1002 of the Commissions 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. § 43.5 1(d). The Commissions 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/ispexempt.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 7 of 8 (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 : vww.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 Commissions relevant benchmark adopted in International Settlement Rates, lB Docket No. 96-261, Report and Order, 12 FCC Rcd 19806 (1997). See also Report and Order on Reconsideration and Order Lifting Stay in lB Docket No. 96-261, FCC 99-124 (ret. 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 Commissions 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 10-1 12, 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 (rd. 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, TB 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 8 of 8