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. 14-222 Thursday February 20, 2014TEL-01658 Report No. Section 214 Applications (47 C.F.R. § 63.18); Section 310(b) 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 foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b). 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 10 ISP-PDR-20130815-00004 E Date of Action: 01/28/2014 RigNet SatCom, Inc. ("RigNet SatCom" or the "Petitioner") has filed a petition with the Commission for a declaratory ruling ("Petition") pursuant to section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. § 310(b)(4), and section 1.990(a)(1) of the Commission's rules, 47 C.F.R. § 1.990(a)(1), that it serves the public interest to permit foreign ownership in its controlling U.S.-organized parent company, RigNet, Inc. ("RigNet") in excess of the 25 percent foreign ownership benchmark in section 310(b)(4). RigNet SatCom filed the Petition in connection with a series of applications filed pursuant to section 214 and 310(d) of the Act, 47 U.S.C. § 214, 310(d), seeking approval for the acquisition by RigNet of certain assets of Stratos Offshore Services Company ("Stratos Offshore"), including common carrier radio station licenses and leases associated with Stratos Offshore's retail energy business. See Applications Filed for the Acquisition of Assets of Stratos Offshore Services Company by RigNet SatCom, Inc., WC Docket No. 13-224, Public Notice, DA 13-2084, 28 FCC Rcd. 14743(2013). RigNet SatCom is a Delaware corporation. It is wholly owned and controlled by RigNet, which is a publicly held Delaware corporation. According to the Petition, Digital Oilfield Investments LP (Digital), a Cayman Islands exempted limited partnership, holds directly 28.2 percent of the equity and voting interests in RigNet and no other single individual or entity holds direct equity or voting interests in RigNet of ten percent or greater. Petitioner states that a series of affiliated Cayman Islands investment entities controlled by KKR & Co. L.P. (KKR), a Delaware limited partnership, own and control Digital and that all limited partnership interests are insulated in accordance with section 1.993(a) of the Commission's rules, 47 C.F.R. § 1.993(a). KKR Management LLC, a Delaware limited liability company, serves as the general partner of KKR. Henry R. Kravis and George R. Roberts, both U.S. citizens, are designated members of KKR Management LLC. The remaining members of KKR Management LLC are insulated in accordance with section 1.993(a) of the rules. In addition to the 28.2 percent equity and voting interests held directly in RigNet Inc. by Digital, Petitioner states that other foreign investors hold an aggregate 16.69 percent and 17.69 percent of RigNet's equity and voting interests, respectively. Petitioner thus calculates that RigNet's foreign equity and voting interests total 45.89 percent of its equity interests (28.2% + 17.69%) and 44.89 percent of its voting interests (28.2% + 16.69%), respectively. Pursuant to the rules and policies established by the Commission's Foreign Ownership Second Report and Order, FCC 13-50, 28 FCC Rcd 5741 (2013), we find that the public interest would not be served by prohibiting foreign ownership of RigNet SatCom in excess of the 25 percent benchmark in section 310(b)(4) of the Act. Specifically, this ruling permits aggregate foreign ownership of RigNet SatCom's controlling U.S. parent company, RigNet, to exceed, directly and/or indirectly, 25 percent of its equity and/or voting interests, subject to the terms and conditions set forth in section 1.994 of the Commission's rules, 47 C.F.R. § 1.994, including the requirement to obtain Commission approval before RigNet SatCom's foreign ownership exceeds the terms and conditions of this ruling. In addition, this ruling specifically permits the following foreign-organized entities to hold, directly or indirectly, the equity and voting interests in RigNet as set forth below, and this ruling allows these entities to increase their interests up to and including a non-controlling 49.99 percent equity and/or voting interest in RigNet: Digital Oilfield Investments LP (28.2% equity and 28.2% voting) Digital Oilfield Investments GP Limited (less than 1% equity and 28.2% voting) KKR European Fund III, Limited Partnership (26.5% equity and 28.2% voting) KKR Associates Europe III, Limited Partnership (less than 1% equity and 28.2% voting) KKR Europe III Limited (less than 1% equity and 28.2% voting) KKR Fund Holdings L.P. (less than 1% equity and 28.2% voting) KKR Fund Holdings GP Limited (less than 1% equity and 28.2% voting) KKR Group Limited (less than 1% equity and 28.2% voting) RigNet SatCom has an affirmative duty to monitor its foreign equity and voting interests, calculate these interests consistent the attribution principles enunciated by the Commission, including the standards and criteria set forth in sections 1.992 through 1.993 of the Commission's rules, 47 C.F.R. §§ 1.992-1.993, and otherwise ensure continuing compliance with the provisions of section 310(b) of the Act. This declaratory ruling is without prejudice to the Commission's action on any other related pending application(s). Grant of Authority Petition for Declaratory Ruling RigNet SatCom, Inc. ITC-214-20140114-00010 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 02/14/2014 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 Hunt Telecommunications, LLC ITC-214-20140130-00019 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 02/14/2014 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 Bowhead Communication Services, LLC. Page 2 of 10 ITC-ASG-20130815-00212 E Date of Action: 01/28/2014 TO: Application filed for the consent to the assignment of international section authorizations, ITC-214-19980914-00636 and ITC-214-1991220-00815, from Stratos Offshore Services Company (Stratos) to RigNet SatCom, Inc. (RigNet SatCom). Pursuant to an Asset Purchase Agreement, dated August 1, 2013, RigNet SatCom will acquire the portion of Stratos' operations focused on providing retail broadband communications services to the energy sector, including the international authorizations held by Stratos. Rignet SatCom is wholly owned and controlled by RigNet, Inc. (RigNet) which is a publicly held Delaware corporation. Digital Oilfield Investments LP (Digital), a Cayman Islands exempted limited partnership, holds directly 28.2% of the equity and voting interests in RigNet and no other single individual or entity holds direct equity or voting interests in RigNet of ten percent or greater. Digital is owned and controlled by a series of affiliated Cayman Islands investment entities controlled by KKR & Co. L.P. (KKR), a Delaware limited partnership. KKR Management LLC, a Delaware limited liability company, serves as the general partner of KKR. Henry R. Kravis and George R. Roberts, both U.S. citizens, are designated members of KKR Management LLC. This declaratory ruling is without prejudice to the Commission's action on any other related pending application(s). Stratos Offshore Services Company Grant of Authority FROM: Current Licensee: RigNet SatCom, Inc. Stratos Offshore Services Company Assignment RigNet SatCom, Inc. ITC-ASG-20140122-00014 E Date of Action: 02/19/2014 TO: Notification filed January 22, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-20040708-00260, held by Business Telecom Inc. d/b/a EarthLink Business to Business Telecom LLC d/b/a EarthLink Telecom, effective December 31, 2013. Business Telecom converted from a corporation to a limited liability company without any change in ownership. Business Telecom Inc. d/b/a EarthLink Business Grant of Authority FROM: Current Licensee: Business Telecom, LLC d/b/a EarthLink Business Business Telecom Inc. d/b/a EarthLink Business Assignment Business Telecom, LLC d/b/a EarthLink Business ITC-ASG-20140130-00025 E Date of Action: 02/19/2014 TO: Notification filed January 30, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-20011113-00568, held by Legent Communications Corporation (LCC) to Legent Comm LLC, effective December 31, 2013. In an internal corporate reorganization, Scott A. White, the 100% owner of LCC, established a separate corporate entity, Legent Comm LLC, and transferred all of telecommunications assets, including customers, of LCC to Legent Comm LLC. Legent Communications Corporation (d/b/a Long Distance America and Long Distance Grant of Authority FROM: Current Licensee: Legent Comm LLC Legent Communications Corporation (d/b/a Long Distance America and Long Distance Assignment Legent Comm LLC ITC-T/C-20120813-00207 E Date of Action: 02/18/2014 TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20110509-00129, held by Sialk Inc. (Sialk), from current majority shareholder Nasarin Nawab (91%), to current minority shareholder and president of Sialk, Amir Partash, a Canadian citizen (9%). Applicant states that Mr. Partash will purchase all of the shares owned by Ms. Nawab, and upon closing will own 100 percent of the Sialk. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on January 23, 2013, by the Department of Justice (DOJ). Accordingly, we condition grant of this application on Sialk Inc. abiding by the commitments and undertakings set forth in the January 14, 2013 letter of Assurances (LOA) from Amir S. Partash, Director, Sialk Inc. to Lisa Manaco, Assistant Attorney General, National Security Division, DOJ. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20120813-00207 and accessing the "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. Nasarin Nawab Grant of Authority FROM: Current Licensee: Amir Partash Sialk Inc. Transfer of Control Sialk Inc. Page 3 of 10 ITC-T/C-20130612-00171 E Date of Action: 02/11/2014 TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070110-00021, held by Horizon Mobile Communications, Inc. (Horizon Mobile), a wholly owned subsidiary of Satcom Distribution, Inc. (SDI), from One Horizon Group, plc. (One Horizon plc) to Broadband Satellite Services Limited (BSS), a United Kingdon public limited company. Pursuant to a Share Purchase Agreement executed on October 26, 2012, BSS will acquire all of the shares of SDI from SDI's 100% parent One Horizon plc. Upon closing, SDI and Horizon Mobile will become direct and indirect subsidiaries of BSS, respectively. BSS is jointly owned by two citizens of the United Kingdom, Ian Robinson (50%) and Robert Howes (50%). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on February 4, 2013, by the Department of Justice (DOJ). Accordingly, we condition grant of this application on Horizaon Mobile Communications, Inc. abiding by the commitments and undertakings set forth in the January 31, 2014 letter of Assurances (LOA) from Ian Robinson, Chief Executive Officer, Broadband Satellite Services to John Carlin, Acting Assistant Attorney General, National Security Division, DOJ. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20130612-00171 and accessing the "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. One Horizon Group plc Grant of Authority FROM: Current Licensee: Broadband Satellite Services Limited Horizon Mobile Communications, Inc. Transfer of Control Horizon Mobile Communications, Inc. ITC-T/C-20130612-00172 E Date of Action: 02/11/2014 TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20000803-00478, held by Satcom Global, Inc. (SGI), a wholly owned subsidiary of Satcom Distribution, Inc. (SDI), from One Horizon Group, plc. (One Horizon plc) to Broadband Satellite Services Limited (BSS), a United Kingdom public limited company. Pursuant to a Share Purchase Agreement executed on October 26, 2012, BSS will acquire all of the shares of SDI from its 100% parent One Horizon plc. Upon closing, SDI and SGI will become direct and indirect subsidiaries of BSS, respectively. BSS is jointly owned by two citizens on the United Kingdom, Ian Robinson (50%) and Robert Howes (50%). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on February 4, 2014, by the Department of Justice (DOJ). Accordingly, we condition grant of this application on SatCom Global, Inc. abiding by the commitments and undertakings set forth in the January 31, 2014 letter of Assurances (LOA) from Ian Robinson, Chief Executive Officer, Broadband Satellite Services to John Carlin, Acting Assistant Attorney General, National Security Division, DOJ. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20130612-00172 and accessing the "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. One Horizon Group plc Grant of Authority FROM: Current Licensee: Broadband Satellite Services Limited SatCom Global, Inc. Transfer of Control SatCom Global, Inc. ITC-T/C-20131206-00330 E Date of Action: 01/17/2014 TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20070928-00393, held by Asia Consultancy Group, LLC (ACG), from Jeffrey Vreeland to Abdul Mohaymen Sahebzadah. On June 30, 2012, without the Commission's consent, ACG redeemed Mr. Vreeland's 50% interest in ACG. As a result of the transaction, Mr. Sahebzadah became the 99% owner (equity and voting interests) of ACG. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Jeffrey Vreeland Grant of Authority FROM: Current Licensee: Abdul Mohaymen Sahebzadah Asia Consultancy Group, LLC Transfer of Control Asia Consultancy Group, LLC Page 4 of 10 ITC-T/C-20140110-00008 E Date of Action: 02/14/2014 TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20071113-00536, held by Hiawatha Broadband Communications, Inc. (HBC), from its current shareholders to Robert A. Kierlin (Mr. Kierlin). When HBC acquired its international section 214 authorization in 2007, Mr. Kierlin, a U.S. citizen, held 41.44% of HBC's stock. On April 1, 2012, Mr. Kierlin's ownership in HBC increased from 41.44% to 57.1% when a debt instrument of HBC held by Mr. Kierlin was converted to HBC stock. Subsequently, on July 27, 2012, and September 4, 2012, Mr. Kierlin made additional equity investments in HBC, and currently holds 61.31% of HBC's stock. HBC has more than 30 stockholders, but only one stockholder other than Mr. Keirlin holds more than 10 percent of HBC's stock: the Maritime Heritage Society (16.343%), a charitable institution organized under the laws of Minnesota. Applicant filed a request for Special Temporary Authority (STA) related to this transaction, ITC-STA-20140110-00009, which was granted January 16, 2014. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Hiawatha Broadband Communications Inc. Grant of Authority FROM: Current Licensee: Robert A Kierlin Hiawatha Broadband Communications Inc. Transfer of Control Hiawatha Broadband Communications Inc. ITC-T/C-20140123-00015 E Date of Action: 02/19/2014 TO: Notification filed January 23, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20040708-00260, held by Business Telecom LLC d/b/a EarthLink Business (Business Telecom), from EarthLink, Inc. to EarthLink Holdings Corp. (EarthLink Holdings), effective December 31, 2013. In a corporate reorganization, direct control of Business Telecom was transferred when BTI Telecom Corporation, the direct 100% parent of Business Telecom, was merged into EarthLink Business, LLC (EarthLink Business) with EarthLink Business being the surviving entity. Then indirect control was transferred from EarthLink, Inc. to EarthLink Holdings in three steps: (1) EarthLink, Inc. formed a wholly-owned subsidiary, EarthLink Holdings, (2) EarthLink Holdings formed a wholly-owned subsidiary, EarthLink, LLC, and (3) EarthLink Inc., merged with and into EarthLink LLC, with EarthLink LLC being the surviving entity and a direct, wholly-owned subsidiary of EarthLink Holdings. The existing publicly traded shares of EarthLink, Inc. were converted into shares off EarthLink Holdings stock on a one-for-one basis. The former shareholders of EarthLink Inc. became the shareholders of EarthLink Holdings in the same amounts and percentages as they held in EarthLink, Inc. prior to the intra-corporate merger. Business Telecom is now a direct, wholly-owned subsidiary of EarthLink Business, which is an indirect, wholly-owned subsidiary of EarthLink Holdings. EarthLink, Inc. Grant of Authority FROM: Current Licensee: EarthLink Holdings Corp. Business Telecom, LLC d/b/a EarthLink Business Transfer of Control Business Telecom, LLC d/b/a EarthLink Business Page 5 of 10 ITC-T/C-20140123-00016 E Date of Action: 02/19/2014 TO: Notification filed January 23, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20020514-00229, held by EarthLink Business LLC, from EarthLink, Inc., to EarthLink Holdings Corp. (EarthLink Holdings), effective December 31, 2013. In an intra-corporate reorganization, EarthLink Holdings was established as a new publicly traded holding company between EarthLink, LLC (the successor to EarthLink, Inc.) and EarthLink Inc.'s shareholders. This occurred in three steps: (1) EarthLink, Inc. formed a wholly-owned subsidiary, EarthLink Holdings, (2) EarthLink Holdings formed a wholly-owned subsidiary, EarthLink, LLC, and (3) EarthLink Inc., merged with and into EarthLink LLC, with EarthLink LLC being the surviving entity and a direct, wholly-owned subsidiary of EarthLink Holdings. The existing publicly traded shares of EarthLink, Inc. were converted into shares off EarthLink Holdings stock on a one-for-one basis. The former shareholders of EarthLink Inc. became the shareholders of EarthLink Holdings in the same amounts and percentages as they held in EarthLink, Inc. prior to the intra-corporate merger. EarthLink Business is now an indirect, wholly-owned subsidiary of EarthLink Holdings. The following wholly-owned subsidiaries provide international service under authority of the section 214 authorization held by EarthLink Business, ITC-214-20040708-00260, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h): Choice One Communications International, Inc.; Choice One Communications Resale L.L.C.; Choice One Communications of Connecticut, Inc.; Choice One Communications of New York, Inc.; Choice One Communications of Maine, Inc.; Choice One Communications of Massachusetts, Inc.; Choice One Communications of Ohio, Inc.; Choice One Communications of Pennsylvania, Inc.; Choice One Communications of Rhode Island, Inc.; Choice One Communications of New Hampshire, Inc.; US Xchange, Inc.; US Xchange of Illinois, LLC; US Xchange of Indiana, LLC; US Xchange of Michigan, LLC; US Xchange of Wisconsin, LLC; CTC Communications Corp.; CTC Communications of Virginia, Inc.; Lightship Telecom, LLC; Connecticut Broadband, LLC; Connecticut Telephone and Communications Systems, Inc.; Conversent Communications of Connecticut, LLC; Conversent Communications of Massachusetts, LLC; Conversent Communications of Maine, LLC; Conversent Communications of New York, LLC; Conversent Communications of New Hampshire, LLC; Conversent Communications of New Jersey, LLC; Conversent Communications of Pennsylvania, LLC; Conversent Communications of Rhode Island, LLC; and Conversent Communications of Vermont, LLC. EarthLink, Inc. Grant of Authority FROM: Current Licensee: EarthLink Holdings Corp. EarthLink Business, LLC Transfer of Control EarthLink Business, LLC ITC-T/C-20140123-00017 E Date of Action: 02/19/2014 TO: Notification filed January 23, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20050325-00139, held by Deltacom LLC d/b/a EarthLink Business (DeltaCom) to EarthLink Holdings Corp. (EarthLink Holdings), effective December 31, 2013. In a corporate reorganization, direct control of DeltaCom was transferred when ITC^DeltaCom, Inc., the direct 100% parent of DeltaCom, was merged into EarthLink Business, LLC (EarthLink Business) with EarthLink Business being the surviving entity. Then indirect control was transferred from EarthLink, Inc. to EarthLink Holdings in three steps: (1) EarthLink, Inc. formed a wholly-owned subsidiary, EarthLink Holdings, (2) EarthLink Holdings formed a wholly-owned subsidiary, EarthLink, LLC, and (3) EarthLink Inc., merged with and into EarthLink LLC, with EarthLink LLC being the surviving entity and a direct, wholly-owned subsidiary of EarthLink Holdings. The existing publicly traded shares of EarthLink, Inc. were converted into shares off EarthLink Holdings stock on a one-for-one basis. The former shareholders of EarthLink Inc. became the shareholders of EarthLink Holdings in the same amounts and percentages as they held in EarthLink, Inc. prior to the intra-corporate merger. DeltaCom is now a direct, wholly-owned subsidiary of EarthLink Business, which is an indirect, wholly-owned subsidiary of EarthLink Holdings. EarthLink, Inc. Grant of Authority FROM: Current Licensee: EarthLink Holdings Corp. DeltaCom, LLC d/b/a EarthLink Business Transfer of Control DeltaCom, LLC d/b/a EarthLink Business Page 6 of 10 ITC-T/C-20140123-00018 E Date of Action: 02/19/2014 TO: Notification filed January 23, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20070427-00165, held by EarthLink Carrier LLC (EarthLink Carrier), from EarthLink, Inc., to EarthLink Holdings Corp. (EarthLink Holdings), effective December 31, 2013. In a corporate reorganization, direct control of EarthLink Carrier was transferred when ITC^DeltaCom, Inc., the direct 100% parent of EarthLink Carrier, was merged into EarthLink Business, LLC (EarthLink Business) with EarthLink Business being the surviving entity. Then indirect control was transferred from EarthLink, Inc. to EarthLink Holdings in three steps: (1) EarthLink, Inc. formed a wholly-owned subsidiary, EarthLink Holdings, (2) EarthLink Holdings formed a wholly-owned subsidiary, EarthLink, LLC, and (3) EarthLink Inc., merged with and into EarthLink LLC, with EarthLink LLC being the surviving entity and a direct, wholly-owned subsidiary of EarthLink Holdings. The existing publicly traded shares of EarthLink, Inc. were converted into shares off EarthLink Holdings stock on a one-for-one basis. The former shareholders of EarthLink Inc. became the shareholders of EarthLink Holdings in the same amounts and percentages as they held in EarthLink, Inc. prior to the intra-corporate merger. EarthLink Carrier is now a direct, wholly-owned subsidiary of EarthLink Business, which is an indirect, wholly-owned subsidiary of EarthLink Holdings. EarthLink, Inc. Grant of Authority FROM: Current Licensee: EarthLink Holdings Corp. EarthLink Carrier, LLC Transfer of Control EarthLink Carrier, LLC ITC-T/C-20140129-00020 E Date of Action: 02/19/2014 TO: Notification filed January 29, 2014, of the pro forma transfer of control of international section 214 authorizations, ITC-214-19960930-00473, ITC-214-20011116-00601, ITC-214-20061004-00452, and ITC-214-20120301-00067, held by T-Mobile USA, Inc. (T-Mobile USA), effective December 31, 2013. In an internal corporate reorganization, Deutsche Telekom Holding B.V. (DT Holding) was added to the ownership chain. Specifically, Global Holding GmbH (T-Mobile Holding) contributed its direct 66.79% interest in T-Mobile US Inc. (T-Mobile US) to DT Holding. DT Holding, a wholly-owned subsidiary of T-Mobile Holding, now holds a 66.79% interest in T-Mobile US, the 100% direct parent of T-Mobile USA. T-Mobile Holdings and DT Holdings are indirect wholly-owned subsidiaries of Deutsche Telekom AG (DT), and DT continues to indirectly control T-Mobile US and T-Mobile USA. Deutsche Telekom AG Grant of Authority FROM: Current Licensee: Deutsche Telekom AG T-Mobile USA, Inc. Transfer of Control T-Mobile USA, Inc. ITC-T/C-20140129-00022 E Date of Action: 02/19/2014 TO: Notification filed January 29, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20070626-00246, held by T-Mobile Puerto Rico LLC (T-Mobile Puerto Rico), effective December 31, 2013. In an internal corporate reorganization, Deutsche Telekom Holding B.V. (DT Holding) was added to the ownership chain. Specifically, Global Holding GmbH (T-Mobile Holding) contributed its direct 66.79% interest in T-Mobile US Inc. (T-Mobile US) to DT Holding. DT Holding, a wholly-owned subsidiary of T-Mobile Holding, now holds a 66.79% interest in T-Mobile US, the 100% indirect parent of T-Mobile Puerto Rico. T-Mobile Holdings and DT Holdings are indirect wholly-owned subsidiaries of Deutsche Telekom AG (DT), and DT continues to indirectly control T-Mobile US and T-Mobile Puerto. Deutsche Telekom AG Grant of Authority FROM: Current Licensee: Deutsche Telekom AG T-Mobile Puerto Rico LLC Transfer of Control T-Mobile Puerto Rico LLC ITC-T/C-20140129-00024 E Date of Action: 02/19/2014 TO: Notification filed January 29, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20020513-00251, held by Iowa Wireless Services Holding Corporation (Iowa Wireless), effective December 31, 2013. T-Mobile US, Inc. (T-Mobile US) holds an indirect, non-controlling 53.6% interest in Iowa Wireless. In an internal corporate reorganization, Deutsche Telekom Holding B.V. (DT Holding) was added to the ownership chain. Specifically, Global Holding GmbH (T-Mobile Holding) contributed its direct 66.79% interest in T-Mobile US Inc. (T-Mobile US) to DT Holding. DT Holding, a wholly-owned subsidiary of T-Mobile Holding, now holds a 66.79% interest in T-Mobile US. T-Mobile Holdings and DT Holdings are indirect wholly-owned subsidiaries of Deutsche Telekom AG (DT), and DT continues to indirectly control T-Mobile US and thus to have an indirect, non-controlling 53.6% interest in Iowa Wireless. Deutsche Telekom AG Grant of Authority FROM: Current Licensee: Deutsche Telekom AG Iowa Wireless Services Holding Corporation Transfer of Control Iowa Wireless Services Holding Corporation Page 7 of 10 Dismissal ITC-214-20130507-00229 Dharm, Inc. Application hereby dismissed by Chief, Policy Division, International Bureau on February 19, 2014, pursuant to sections 1.748(a) and 63.51(b) of the Commission's rules, 47 CFR 1.748(a), 63.51(b), for failure to respond to the Commission's request for information. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. Page 8 of 10 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 at the end of 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) 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). (5) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (6) 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. (7) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). (8) Carriers shall file annual reports of circuit status required by Section 43.82. This requirement applies to facilities-based carriers and private line resellers, respectively. See also http:www.fcc.gov/ib/pd/pf/csmanual.html. (9) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. (10) 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. (11) 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. (12) 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 Page 9 of 10 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). 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. This list is subject to change by the Commission when the public interest requires. 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 10 of 10