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. 17-394 Thursday April 27, 2017TEL-01846 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 47 CFR § 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-214-20151218-00306 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Date of Action: 04/18/2017 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on April 18, 2017, by the U.S. Department of Justice (DOJ), to include its components, the National Security Division and the Federal Bureau of Investigation (Petition). Accordingly, we condition grant of this application for international section 214 authority on compliance by Moxtel Inc. with the commitments and undertakings set forth in the January 6, 2017 Letter of Agreement from Mohammed Faisal, Moxtel, Inc. to the Assistant Attorney General for National Security, DOJ (LOA). A failure to comply and/or remain in compliance with any of these commitments and undertakings shall constitute a failure to meet a condition of the authorization and thus grounds for declaring the authorization terminated without further action on the part of the Commission. Failure to meet a condition of the authorization may also result in monetary sanctions or other enforcement action by the Commission. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-214-20151218-00306 and accessing the "Other Filings related to this application" from the Document Viewing Area. Grant of Authority International Telecommunications Certificate Moxtel Inc. Page 1 of 7 ITC-214-20160621-00384 E Global or Limited Global Resale Service Date of Action: 04/21/2017 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 Mahaska Communication Group LLC ITC-214-20170404-00059 E Global or Limited Global Resale Service Date of Action: 04/21/2017 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 CompassMSP, LLC ITC-214-20170405-00056 E Global or Limited Global Resale Service Date of Action: 04/21/2017 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 Griz Wireless Inc ITC-214-20170406-00055 E Global or Limited Global Resale Service Date of Action: 04/21/2017 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 Omega Technology Group ITC-ASG-20170413-00063 E Date of Action: 04/26/2017 TO: Notification filed April 13, 2017, of the pro forma assignment of international section 214 authorization, ITC-214-20040630-00512, held by Hawaiian Telcom Services Company, Inc. (HTSC) to Hawaiian Telcom, Inc. (HTI), effective April 11, 2017. HTSC and HTI are both wholly-owned indirect subsidiaries of Hawaiian Telcom Holdco, Inc. Wavecom Solutions Corporation, a wholly-owned subsidiary of HTI, will provide international services under the international section 214 authority held by HTI, ITC-214-20040630-00512, pursuant to section 63.21(h) of the Commission's rules, 47 CFR § 63.21(h). Hawaiian Telcom Services Company, Inc. Grant of Authority FROM: Current Licensee: Hawaiian Telcom, Inc. Hawaiian Telcom Services Company, Inc. Assignment Hawaiian Telcom, Inc. ITC-ASG-20170413-00064 E Date of Action: 04/26/2017 TO: Notification filed April 13, 2017, of the pro forma assignment of international section 214 authorization, ITC-214-20010503-00269, held by Wavecom Solutions Corporation (Wavecom) to Hawaiian Telcom Services Company, Inc. (HTSC), effective April 11, 2017. Wavecom and HTSC are both wholly-owned indirect subsidiaries of Hawaiian Telcom Holdco, Inc. Wavecom Solutions Corporation Grant of Authority FROM: Current Licensee: Hawaiian Telcom Services Company, Inc. Wavecom Solutions Corporation Assignment Hawaiian Telcom Services Company, Inc. Page 2 of 7 ITC-T/C-20170315-00031 E Date of Action: 04/21/2017 TO: Application filed for consent to the transfer of control of Benchmark Communications, LLC d/b/a Com One (Benchmark), which holds international section 214 authorization ITC-214-20041005-00393, from its 100% direct parent, Hunt Communications, LLC (Hunt), to Crescent Affiliates, Inc. Crescent). In January 2014, without prior Commission consent, Crescent acquired a 50% membership interest in Benchmark from Hunt. Mark L. Guidry and Joan P. Guidry, both U.S. citizens, each hold a 50% direct ownership interest in Crescent and after the transaction each have a 25% indirect ownership interests in Benchmark through Crescent. Kevin Hunt and Jason Hunt, both U.S. citizens, continue to each hold 24% direct ownership interests in Hunt, and upon closing each hold a 12% indirect interest in Benchmark through Hunt. Applicants filed a request for Special Temporary Authority (STA), ITC-STA-20170315-00032, related to this transaction, which was granted on April 6, 2017. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Hunt Telecommunications, LLC Grant of Authority FROM: Current Licensee: Crescent Affiliates, Inc. Benchmark Communications, LLC d/b/a Com One Transfer of Control Benchmark Communications, LLC d/b/a Com One ITC-T/C-20170317-00037 E Date of Action: 04/26/2017 TO: Notification filed March 17, 2017, of the pro forma transfer of control of Ligtel Communications, Inc. (LCI), which holds international section 214 authorization ITC-214-20000207-00064, from Ligonier Telephone Company, Inc. (LTC), the 100 percent parent company of LCI, to Heartland Innovations, Inc. (Heartland), effective January 1, 2017. In a corporate reorganization, the existing shareholders of LTC exchanged their shares of LTC for shares of Heartland. LCI and LTC became indirect and direct wholly-owned subsidiaries of Heartland, respectively. After consummation, the shareholders of Heartland are identical to the previous shareholders of LTC. Ligonier Telephone Co., Inc. Grant of Authority FROM: Current Licensee: Heartland Innovations, Inc. LIGTEL COMMUNICATIONS INC. Transfer of Control LIGTEL COMMUNICATIONS INC. ITC-T/C-20170317-00041 E Date of Action: 04/21/2017 TO: Application filed for consent to the transfer of control of Hargray of Georgia, Inc., which holds international section 214 authorization ITC-214-20011022-00534, from its 100% indirect parent, Hargray Holdings LLC (Hargray Holdings), to Hargray Acquisition Holdings, LLC, (Hargray Acquisition). Pursuant to a March 3, 2017, Acquisition agreement, Hargray Merger Sub Corp, an indirect wholly owned subsidiary of Hargray Acquisition that was formed to effectuate the transaction, will merge with and into Hargray Communications Group, Inc. (HCG), a wholly-owned subsidiary of Hargray Holdings and the direct parent of Hargray of Georgia. HCG will emerge as the surviving entity and, upon closing, HCG will become a wholly-owned subsidiary of Hargray Acquisition. Hargray of Georgia will remain a direct subsidiary of HCG, and become an indirect wholly-owned subsidiary of Hargray Acquisition. The following individuals and entities, all U.S. citizens, will hold a direct 10 percent or greater equity and voting interests in Hargray Acquisition after consummation: TPO-Hargray, LLC (TPO Hargray), a Delaware limited liability company (51.8%); Redwood Cable Holdings, LLC (RCH), a Delaware limited liability company (22.2%); Stevens Hargray Cable, LLC (SHC), an Arkansas limited liability company (19.2%). TPO Hargray is owned by TPO Venture Partners LLC, a Delaware limited liability company (100 percent voting, >80% equity), which in turn is owned indirectly through U.S. Trust entities Maroon Private Trust Company LLC, a South Dakota limited liability company, and in turn Maroon Trust, (Trustee Thomas J. Pritzker). RCH is wholly owned by Redwood Capital Investments, LLC, in which James C. Davis holds 71 percent voting interest and Oak Investment Trust II (Trustees Randall Sones, Fred Ridley, R. Alan Butler) holds 49 percent nonvoting interest. SHC is owned (60 percent) by The Warren and Harriet Stephens Children's Trust UID 9/30/87 (Trustees John N. Calhoun II and Harriet Stephens. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Hargray Acquisition or Hargray of Georgia after closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Hargray Holdings, LLC Grant of Authority FROM: Current Licensee: Hargray Acquisition Holdings, LLC Hargray of Georgia, Inc. Transfer of Control Hargray of Georgia, Inc. Page 3 of 7 ITC-T/C-20170317-00042 E Date of Action: 04/21/2017 TO: Application filed for consent to the transfer of control of Hargray, Inc., which holds international section 214 authorization ITC-214-20010816-00430, from its 100% indirect parent, Hargray Holdings LLC (Hargray Holdings), to Hargray Acquisition Holdings, LLC, (Hargray Acquisition). Pursuant to a March 3, 2017, Acquisition agreement, Hargray Merger Sub Corp, an indirect wholly owned subsidiary of Hargray Acquisition that was formed to effectuate the transaction, will merge with and into Hargray Communications Group, Inc. (HCG), a wholly-owned subsidiary of Hargray Holdings and the direct parent of Hargray. HCG will emerge as the surviving entity and, upon closing, HCG will become a wholly-owned subsidiary of Hargray Acquisition. Hargray will remain a direct subsidiary of HCG, and become an indirect wholly-owned subsidiary of Hargray Acquisition. The following individuals and entities, all U.S. citizens, will hold a direct10 percent or greater equity and voting interests in Hargray Acquisition after consummation: TPO-Hargray, LLC (TPO Hargray), a Delaware limited liability company (51.8%); Redwood Cable Holdings, LLC (RCH), a Delaware limited liability company (22.2%); Stevens Hargray Cable, LLC (SHC), an Arkansas limited liability company (19.2%). TPO Hargray is owned by TPO Venture Partners LLC, a Delaware limited liability company (100 percent voting, >80% equity), which in turn is owned indirectly through U.S. Trust entities Maroon Private Trust Company LLC, a South Dakota limited liability company, and in turn Maroon Trust, (Trustee Thomas J. Pritzker). RCH is wholly owned by Redwood Capital Investments, LLC, in which James C. Davis holds 71 percent voting interest and Oak Investment Trust II (Trustees Randall Sones, Fred Ridley, R. Alan Butler) holds 49 percent nonvoting interest. SHC is owned (60 percent) by The Warren and Harriet Stephens Children's Trust UID 9/30/87 (Trustees John N. Calhoun II and Harriet Stephens. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Hargray Acquisition or Hargray after closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Hargray Holdings, LLC Grant of Authority FROM: Current Licensee: Hargray Acquisition Holdings, LLC Hargray, Inc. Transfer of Control Hargray, Inc. ITC-T/C-20170317-00043 E Date of Action: 04/21/2017 TO: Application filed for consent to the transfer of control of Low Country Carriers, Inc. d/b/a Hargray Long Distance (Low Country), which holds international section 214 authorization ITC-214-19890109-00003, from its 100% indirect parent, Hargray Holdings LLC (Hargray Holdings), to Hargray Acquisition Holdings, LLC, (Hargray Acquisition). Pursuant to a March 3, 2017, Acquisition agreement, Hargray Merger Sub Corp, an indirect wholly owned subsidiary of Hargray Acquisition that was formed to effectuate the transaction, will merge with and into Hargray Communications Group, Inc. (HCG), a wholly-owned subsidiary of Hargray Holdings and the direct parent of Low Country. HCG will emerge as the surviving entity and, upon closing, HCG will become a wholly-owned subsidiary of Hargray Acquisition. Low County will remain a direct subsidiary of HCG, and become an indirect wholly-owned subsidiary of Hargray Acquisition. The following individuals and entities, all U.S. citizens, will hold a direct 10 percent or greater equity and voting interests in Hargray Acquisition after consummation: TPO-Hargray, LLC (TPO Hargray), a Delaware limited liability company (51.8%); Redwood Cable Holdings, LLC (RCH), a Delaware limited liability company (22.2%); Stevens Hargray Cable, LLC (SHC), an Arkansas limited liability company (19.2%). TPO Hargray is owned by TPO Venture Partners LLC, a Delaware limited liability company (100 percent voting, >80% equity), which in turn is owned indirectly through U.S. Trust entities Maroon Private Trust Company LLC, a South Dakota limited liability company, and in turn Maroon Trust, (Trustee Thomas J. Pritzker). RCH is wholly owned by Redwood Capital Investments, LLC, in which James C. Davis holds 71 percent voting interest and Oak Investment Trust II (Trustees Randall Sones, Fred Ridley, R. Alan Butler) holds 49 percent nonvoting interest. SHC is owned (60 percent) by The Warren and Harriet Stephens Children's Trust UID 9/30/87 (Trustees John N. Calhoun II and Harriet Stephens. No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Hargray Acquisition or Low Country after closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Hargray Holdings, LLC Grant of Authority FROM: Current Licensee: Hargray Acquisition Holdings, LLC Low Country Carriers, Inc. Transfer of Control Low Country Carriers, Inc. Dismissal ITC-214-20170314-00036 Milenium Tel Consulting Corp By letter filed April 20, 2017, Applicant notified the Commission of the withdrawal of its international section 214 application. INFORMATIVE ITC-214-20000927-00570 Level 3 Telecom Holdings, LLC By letter dated April 19, 2017, Applicant notified the Commission that Level 3 Telecom Holdings, LLC will be discontinuing certain voice, ISDN/PRI and integrated voice and data services in the Rochester, New York metropolitan area.on April 14, 2017. SURRENDER ITC-214-19860506-00004 General Communication Inc. Page 4 of 7 SURRENDER Applicant notified the Commission of the Surrender of its international section 214 authorization effective April 20, 2017. ITC-214-20020627-00315 SAVVIS Communications Corporation Applicant notified the Commission of the Surrender of its international section 214 authorization effective April 26, 2017. ITC-214-20040122-00026 SAVVIS, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective April 26, 2017. 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. 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: None. 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 Telecommunications and Analysis Division, (202) 418-1480. Page 7 of 7