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. 15-1360 Wednesday November 25, 2015TEL-01763 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)). 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-214-20150414-00088 E Global or Limited Global Resale Service Date of Action: 11/17/2015 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 Fone.Do, Inc. ITC-214-20150811-00195 E Global or Limited Global Resale Service Date of Action: 10/23/2015 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 CampusTVS, Inc. ITC-214-20151001-00231 E Global or Limited Global Resale Service Date of Action: 11/20/2015 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 VoxCloud8 Corporation Page 1 of 5 ITC-214-20151027-00248 E Global or Limited Global Resale Service Date of Action: 11/20/2015 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 City of Hawarden ITC-214-20151027-00251 E Global or Limited Global Resale Service Date of Action: 11/20/2015 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 The Community Agency ITC-214-20151029-00247 E Global or Limited Global Resale Service Date of Action: 11/20/2015 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 Manning Municipal Communication & Television System Utitlty ITC-214-20151030-00244 E Global or Limited Global Resale Service Date of Action: 11/20/2015 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 Grundy Center Municipal Light & Power ITC-214-20151104-00250 E Global or Limited Global Resale Service Date of Action: 11/20/2015 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 Cloud Computing Concepts, LLC ITC-ASG-20150514-00120 E Date of Action: 11/20/2015 TO: Application filed for consent to the assignment of assets held by Telecom New Zealand USA Limited (TNZ) to TNZI USA LLC (TNZI USA). Pursuant to the terms of a Sale and Purchase Agreement dated April 2, 2015, TNZI USA will purchase from TNZ certain international voice assets, including customers, but not its international section 214 authorization. After closing TNZ will continue to provide international service to its remaining customers pursuant to international section 214 authorization, ITC-214-20021220-00588. TNZI USA will provide international services to its newly acquired customers, pursuant to international section 214 authorization, ITC-214-20150514-00127. TNZI USA, a Delaware limited liability company, is wholly-owned by Symbio Wholesale International Pty Ltd. (Symbio Wholesale), which in turn is wholly-owned by My Net Fone Ltd. (MNF), both entities are organized under the laws of Australia. The following individuals hold 10 percent or greater ownership interests in MNF: (1) Andy Kam Kan Fung and Monique My Van Ly jointly, both Australian citizens (23.12%), directly and indirectly through The Fung Family Superannuation Fund (joint trustees Mr. Fung and Ms. Ly), formed in Australia (15.96%); The Fung Family Trust (trustees Mr. Fung and Ms. Ly), formed in Australia (7.16%), The beneficiaries of the Fung Family Superannuation Fund, the Fung Family Trust, and the Avondale Family Trust are determined by the trustees from time to time; and, (2) Rene Sugo and Catherine Margaret Salisbury jointly, both Australian citizens (21.53%), directly and indirectly through Avondale Family Trust, formed in Australia (trustee Avondale Innovations Pty Ltd.) (19.93%); RACS Super Fund (trustee RACS SMSF Pty Ltd.), formed in Australia (1.6%). The beneficiaries of the RACS Super Fund are Mr. Sugo and Ms. Salisbury and anyone the trustee may add. Mr. Sugo and Ms. Salisbury jointly own Avondale Innovations Pty Ltd., and RACS SMSF Pty Ltd. No other individual or entity holds directly or indirectly10 percent or greater ownership interest in TNZA USA. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Telecom New Zealand USA Ltd Grant of Authority FROM: Current Licensee: TNZI USA LLC Telecom New Zealand USA Ltd. Assignment TNZI USA LLC Page 2 of 5 ITC-T/C-20151027-00257 E Date of Action: 11/24/2015 TO: Notification filed October 27, 2015 of the pro forma transfer of control of international section 214 authorization, ITC-214-20061027-00492, held by KDDI Global LLC (KDDI Global) to KDDI America, Inc. (KDDI America), effective September 30, 2015. KDDI America, Inc. owned a controlling 55.7% interest in KDDI Global, and Asia Access Telecom, Inc. (AAT) held the remaining 44.3% interest. On September 30, 2015, KDDI America acquired all of AAT's minority ownership in KDDI Global, and KDDI Global is now a wholly-owned subsidiary of KDDI America. KDDI America, Inc. Grant of Authority FROM: Current Licensee: KDDI America, Inc. KDDI Global L.L.C. Transfer of Control KDDI Global L.L.C. Dismissal ITC-214-20150326-00082 Space Wireless Corp. By letter filed November 19, 2015, Applicant notified the Commission of the withdrawal of its international section 214 application. ITC-214-20150529-00135 TrustComm Solutions LLC By letter filed November 13, 2015, Applicant notified the Commission of the withdrawal of its international section 214 application. INFORMATIVE ITC-214-20010302-00125 PLDT (US) Ltd. By letter dated November 4, 2015, Applicant notified the Commission that PLDT (US) Mobility, LLC will be temporarily suspending its Smart World Mobile service in the California, Hawaii, Nevada, New Jersey, and New York service territories on December 1, 2015. Page 3 of 5 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://transition.fcc.gov/ib/pd/pf/exclusionlist.html. 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 traffic and revenue reports required by Section 43.62(b). See http://www.fcc.gov/encyclopedia/international-traffic-and-revenue-report. (8) Carriers shall file annual circuit capacity reports required by Section 43.62(a). See http://www.fcc.gov/encyclopedia/circuit-capacity-report. (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. (13) Carriers shall comply with the Communications Assistance for Law Enforcement Act (CALEA), see 47 C.F.R. §§ Page 4 of 5 (13) Carriers shall comply with the Communications Assistance for Law Enforcement Act (CALEA), see 47 C.F.R. §§ 1.20000 et seq. (14) Every carrier must designate an agent for service in the District of Columbia. See 47 U.S.C. § 413, 47 C.F.R. §§ 1.47(h), 64.1195. 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: Any non-U.S.-licensed space station that has not received Commission approval to operate in the U.S. market pursuant to the procedures adopted in the Commission's DISCO II Order, IB Docket No. 96-111, Report and Order, FCC 97-399, 12 FCC Rcd 24094, 24107-72 paragraphs 30-182 (1997) (DISCO II Order). Information regarding non-U.S.-licensed space stations approved to operate in the U.S. market pursuant to the Commission's DISCO II procedures is maintained at http://transition.fcc.gov/bureaus/ib/sd/se/market_acess.html. This list is subject to change by the Commission when the public interest requires. The most current version of the list is maintained at http://transition.fcc.gov/ib/pd/pf/exclusionlist.html. For additional information, contact the International Bureau's Policy Division, (202) 418-1460. Page 5 of 5