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. 16-12 Thursday January 7, 2016TEL-01769 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-214-20150521-00132 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 01/05/2016 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 Imecom Group, Inc. ITC-214-20151204-00296 E Global or Limited Global Resale Service Date of Action: 01/01/2016 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 Brooklyn Mutual Telecommunications Cooperative Page 1 of 7 ITC-214-20151204-00297 E Global or Limited Global Resale Service Date of Action: 01/01/2016 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 Olin Telephone Company Inc. ITC-214-20151208-00295 E Global or Limited Global Resale Service Date of Action: 01/01/2016 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 Colo Telephone Company ITC-214-20151211-00298 E Global or Limited Global Resale Service Date of Action: 01/01/2016 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 Algona Municipal Utilities ITC-214-20151214-00300 E Global or Limited Global Resale Service Date of Action: 01/01/2016 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 Superior Telephone Cooperative ITC-ASG-20151125-00284 E Date of Action: 01/01/2016 TO: Application filed for consent to the partial assignment of assets held by Comcast Phone LLC (Comcast Phone) to First Communications LLC (First Communications), a Ohio limited liability company. Pursuant to a November 17, 2015 assets purchase agreement, First Communications will acquire from Comcast Phone certain assets that include telephone service customer accounts and related data, databases, and customer records needed to support the provision of services to customers. The specific assets that First Communications will acquire are those that were formerly owned by CIMCO Communications, which served under the trade name, "CIMCO, a Division of Comcast Business Services." Upon closing, First Communications will become the new service provider to the former CIMCO customers and will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19951215-00030. Comcast Phone will retain its international section 214 authorization, ITC-214-19970801-00449. First Communications is wholly owned by Summit Data Services, Inc., which in turn is owned by the following two individuals, both U.S. citizens, Joseph R. Morris (90% voting interest; 52.5% equity interest); Robert Clark (37.5% non-voting equity). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Comcast Phone, LLC Grant of Authority FROM: Current Licensee: First Communications, LLC Comcast Phone, LLC Assignment First Communications, LLC Page 2 of 7 ITC-ASG-20151125-00288 E Date of Action: 01/01/2016 TO: Application filed for consent to the partial assignment of assets held by Comcast Business Communications, LLC (Comcast Business Communications) to First Communications LLC (First Communications), a Ohio limited liability company. Pursuant to a November 17, 2015 assets purchase agreement, First Communications will acquire from Comcast Business Communications certain assets that include telephone service customer accounts and related data, databases, and customer records needed to support the provision of services to customers. The specific assets that First Communications will acquire are those that were formerly owned by CIMCO Communications, which served under the trade name, "CIMCO, a Division of Comcast Business Services." Upon closing, First Communications will become the new service provider to the former CIMCO customers and will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19951215-00030. Comcast Business Communications will retain its international section 214 authorizations, ITC-214-19961122-00591 and ITC-214-19961122-00593. First Communications is wholly owned by Summit Data Services, Inc., which in turn is owned by the following two individuals, both U.S. citizens, Joseph R. Morris (90% voting interest; 52.5% equity interest); Robert Clark (37.5% non-voting equity). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Comcast Business Communications, LLC Grant of Authority FROM: Current Licensee: First Communications, LLC Comcast Business Communications, LLC Assignment First Communications, LLC ITC-ASG-20151125-00289 E Date of Action: 01/01/2016 TO: Application filed for consent to the partial assignment of assets held by Comcast Phone II, LLC (Comcast Phone II) to First Communications LLC (First Communications), a Ohio limited liability company. Pursuant to a November 17, 2015 assets purchase agreement, First Communications will acquire from Comcast Phone II certain assets that include telephone service customer accounts and related data, databases, and customer records needed to support the provision of services to customers. The specific assets that First Communications will acquire are those that were formerly owned by CIMCO Communications, which served under the trade name, "CIMCO, a Division of Comcast Business Services." Upon closing, First Communications will become the new service provider to the former CIMCO customers and will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19951215-00030. Comcast Phone II will retain its international section 214 authorization, ITC-214-20040116-00017. First Communications is wholly owned by Summit Data Services, Inc., which in turn is owned by the following two individuals, both U.S. citizens, Joseph R. Morris (90% voting interest; 52.5% equity interest); Robert Clark (37.5% non-voting equity). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Comcast Phone II, LLC Grant of Authority FROM: Current Licensee: First Communications, LLC Comcast Phone II, LLC Assignment First Communications, LLC ITC-ASG-20151125-00292 E Date of Action: 01/01/2016 TO: Application filed for consent to the partial assignment of assets held by Comcast Phone of Michigan, LLC (Comcast Phone Michigan) to First Communications LLC (First Communications), a Ohio limited liability company. Pursuant to a November 17, 2015 assets purchase agreement, First Communications will acquire from Comcast Phone Michigan certain assets that include telephone service customer accounts and related data, databases, and customer records needed to support the provision of services to customers. The specific assets that First Communications will acquire are those that were formerly owned by CIMCO Communications, which served under the trade name, "CIMCO, a Division of Comcast Business Services." Upon closing, First Communications will become the new service provider to the former CIMCO customers and will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19951215-00030. Comcast Phone Michigan will retain its international section 214 authorization, ITC-214-20031017-00480. First Communications is wholly owned by Summit Data Services, Inc., which in turn is owned by the following two individuals, both U.S. citizens, Joseph R. Morris (90% voting interest; 52.5% equity interest); Robert Clark (37.5% non-voting equity). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Comcast Phone of Michigan, LLC Grant of Authority FROM: Current Licensee: First Communications, LLC Comcast Phone of Michigan, LLC Assignment First Communications, LLC Page 3 of 7 ITC-ASG-20151210-00299 E Date of Action: 01/01/2016 TO: Application filed for consent to the assignment of assets held by Mobile Net POSA, Inc. d/b/a Jolt Mobile and Expo Mobile (Mobile Net), a California corporation, to Ignition Wireless, LLC (Ignition), a Washington limited liability company. Pursuant to an assets purchase agreement dated December 3, 2015, Ignition will acquire certain assets of Mobile Net, including its prepaid wireless customers, the "Expo Mobile" trade name, and underlying resale wireless contracts to serve the Expo Mobile customer base. After consummation, Mobile Net will retain its international section 214 authorization, ITC-214-20131210-00348, and continue to provide services to its customers that receive services under the "Jolt Mobile" name. Ignition will provide services to the customers of Mobile Net that received service under the name of Expo Mobile, pursuant to its international section 214 authorization, ITC-214-20151210-00301. The following individual and entity, all U.S. citizens, hold 10 percent or greater ownership interests in Ignition: Jay Powers (22%); and, telSPACE, LLC, a Washington State limited liability company (44%). Jeremy Sands (12%) and Paris Holt (11%) hold ownership interests in telSPACE, LLC. No other entity or individual holds a 10 percent or greater direct or indirect equity or voting interest in Ignition. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Mobile Net POSA, Inc. d/b/a Jolt Mobile and Expo Mobile Grant of Authority FROM: Current Licensee: Ignition Wireless, LLC Mobile Net POSA, Inc. d/b/a Jolt Mobile and Expo Mobile Assignment Ignition Wireless, LLC ITC-MOD-20151111-00259 E Date of Action: 01/06/2016 Birch Telecom, Inc. (Birch Telecom) requests that the Commission modify its international Section 214 authorization, ITC-214-19990701-00441, by removing the condition that it comply with the March 25, 2006 Letter of Assurance (LOA) that Birch Telecom entered into with the Department of Justice, including the Federal Bureau of Investigation, and Department of Homeland Security (the Executive Branch agencies). On December 23, 2015, the Department of Justice filed a letter stating that the Executive Branch agencies have no objection to the removal of the condition that Birch Telecom comply with the March 25, 2006 LOA. We therefore remove that condition on the international Section 214 authorization held by Birch Telecom, Inc. Grant of Authority Modification Birch Telecom, Inc. ITC-MOD-20151207-00293 E Date of Action: 01/06/2016 Sprint Corporation requests that the Commission modify the international Section 214 authorization held by its subsidiary, Helio LLC, ITC-214-20050812-00320, by removing the condition that Sprint and Helio comply with the commitments made in a January 10, 2006 letter with the Department of Justice, the Federal Bureau of Investigation, and Department of Homeland Security (the Executive Branch agencies). On December 23, 2015, the Department of Justice filed a letter stating that the Executive Branch agencies have no objection to the removal of the condition that Sprint and Helio comply with the January 10, 2006 letter. We therefore remove that condition on the international Section 214 authorization held by Helio LLC. Grant of Authority Modification HELIO LLC ITC-MOD-20151207-00294 E Date of Action: 01/06/2016 Sprint Corporation requests that the Commission modify the international Section 214 authorization held by its subsidiary, Virgin Mobile USA, L.P., ITC-214-20020422-00194, by removing the condition that Sprint and Virgin Mobile USA comply with the commitments made in a January 10, 2006 letter with the Department of Justice, the Federal Bureau of Investigation, and Department of Homeland Security (the Executive Branch agencies). On December 23, 2015, the Department of Justice filed a letter stating that the Executive Branch agencies have no objection to the removal of the condition that Sprint and Virgin Mobile USA comply with the January 10, 2006 letter. We therefore remove that condition on the international Section 214 authorization held by Virgin Mobile USA, L.P. Grant of Authority Modification Virgin Mobile USA, L.P. Page 4 of 7 ITC-T/C-20150922-00226 E Date of Action: 01/01/2016 TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19980710-00463, held by Westphalia Broadband, Inc. (WBI), a wholly-owned subsidiary of Great Lakes Comnet, Inc. (GLC), a privately-held Michigan corporation, to Ace Telephone Company of Michigan, Inc. (Ace Michigan), a Michigan company. Ace Michigan is a shareholder of GLC. On October 6, 2014, without prior Commission consent, Ace Michigan purchased shares from GLC which raised its stock holdings to approximately 51 percent of the common stock of GLC, and consequently Ace Michigan acquired a controlling interest in GLC. Ace Michigan is a wholly-owned subsidiary of Ace Telephone Association (ATA), a telephone cooperative headquartered in Minnesota. No individuals or entities hold a ten percent or greater direct or indirect equity or voting interest in ATA. Applicant filed a request for Special Temporary Authority (STA), ITC-STA-20151005-00233, related to this transaction, which was granted on December 17, 2015. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Great Lakes Comnet, Inc Grant of Authority FROM: Current Licensee: Ace Telephone Company of Michigan Inc Westphalia Broadband, Inc. Transfer of Control Westphalia Broadband, Inc. ITC-T/C-20150922-00227 E Date of Action: 01/01/2016 TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19970116-00027, held by Great Lakes Comnet, Inc. (GLC), a privately held Michigan corporation, to Ace Telephone Company of Michigan, Inc. (Ace Michigan), a Michigan company. Ace Michigan is a shareholder of GLC. On October 6, 2014, without prior Commission consent, Ace Michigan purchased shares from GLC which raised its stock holdings to approximately 51 percent of the common stock of GLC, and consequently Ace Michigan acquired a controlling interest in GLC. Ace Michigan is a wholly-owned subsidiary of Ace Telephone Association (ATA), a telephone cooperative headquartered in Minnesota. No individuals or entities hold a ten percent or greater direct or indirect equity or voting interest in ATA. Applicant filed a request for Special Temporary Authority (STA), ITC-STA-20151005-00234, related to this transaction, which was granted on December 17, 2015. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Great Lakes Comnet, Inc Grant of Authority FROM: Current Licensee: Ace Telephone Company of Michigan Inc Great Lakes Comnet, Inc Transfer of Control Great Lakes Comnet, Inc INFORMATIVE ITC-214-19960409-00146 Chariton Valley Communication Corporation, Inc. By letter filed January 6, 2016, Applicant notified the Commission that the following wholly-owned subsidiary may provide international telecommunications service under the international section 214 authorization held by the applicant, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): Chariton Valley Telecom Corporation. SURRENDER ITC-214-19970130-00049 SureWest Long Distance Applicant notified the Commission of the Surrender of its international section 214 authorization effective December 31, 2015. ITC-214-20130221-00063 Speed Telco LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective January 6, 2016. 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 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 6 of 7 (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 7 of 7