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. 20-1017 Report No. TEL-02041 Thursday September 3, 2020 International Authorizations Granted Section 214 Applications (47 C.F.R. §§ 63.18, 63.24); Section 310(b) Petitions (47 C.F.R. § 1.5000) 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-214-20200731-00152 E CIH Telecommunications Americas, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/28/2020 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). The following entities and individuals hold 10% or greater direct and indirect ownership interests in CIH, a Delaware limited liability company: Direct - CIH Telecommunications Holdings LLC (CIHTH), a Delaware limited liability company (100%). Indirect - CIH Technology Holding LLC (CIH Tech), a Delaware limited liability company, is the sole member of CIHTH. The membership interests of CIH Tech is held by St Paul International Development Company (St. Paul IDC), LLC, a Delaware limited liability company (50%), and by The Harmon 1999 Descendants Trust (Harmon Descendants Trust), a United States trust formed in the Commonwealth of Virginia (50%). George M. Kappaz, a U.S. citizen, holds 91% membership interest in St. Paul IDC. Timothy B. Harmon, a U.S. citizen, is the trustee of the Harmon Descendants Trust. No other entity or individual holds a direct or indirect 10% or greater direct or indirect equity or voting interest in CIH. Page 1 of 5 ITC-ASG-20200722-00118 E T3 Communications Inc Assignment Grant of Authority Date of Action: 08/28/2020 Current Licensee: ActiveServe, Inc. FROM: ActiveServe, Inc. TO: T3 Communications Inc Application filed for consent to the assignment of assets held by ActiveServe, Inc. (ActiveServe) to T3 Communications, Inc., a privately held Florida corporation (T3 Florida). T3 Florida has agreed to acquire the entire customer base and supportive assets for service brand Active PBX, consisting of 343 business IP-PBX and interconnected VoIP customers/subscribers of ActiveServe. Upon closing, T3 Florida will provide international service to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-20070911-00377. ActiveServe will retain its international section 214 authorization, ITC-214-20140303-00061. T3 Florida is a wholly owned subsidiary of T3 Communications, Inc. (Nevada) (T3 Nevada). The following individuals and entity hold a 10% direct or indirect ownership interests in T3 Nevada: (1) Digerati Technologies, Inc. (Digerati), a Nevada corporation (direct interest in T3 NV 80.01%). The following three individuals, all U.S. citizens,, holds 10% or greater ownership interests in Digerati: Arthur L. Smith (direct 18.23%), Antonio Estrada (direct 14.7%), Craig K. Clement (direct 11.3%; 12.58% total as beneficial owner through his 1.28% indirect ownership in Digerati by and through Flagship Oil & Gas Corp., a Nevada corporation, under his exclusive ownership and control). There are no other 10% or greater voting or equity interests in Digerati. (2) Blue Sunshine, LLC (Blue Sunshine), a Florida limited liability company (direct interest in T3 NV16.12%). Blue Sunshine is 100% owned by Pamela G. Reel, U.S. citizen. (3) MaReHa, LLC (MaReHa), a Florida limited liability company (direct interest in T3 NV 2.58%). The following two individuals, both U.S. citizens, hold 10% or greater ownership interests in MaReHa: Matt Bernhardt (direct 48.75%), Reema Bhatia (direct 48.75%). Both Blue Sunshine and MaReHa previously held their ownership interests in T3 NV through ITN Partners, LLC, a Florida limited liability company. On June 29, 2020, the members of Blue Sunshine and MaReHa voluntarily dissolved the company and this company took direct ownership of pro-rated interest it held via ITN Partners, LLC as part of separation and dissolution. (4) ITVantage, LLC (ITV), a Florida limited liability company (direct 1.29% interest in T3 NV). There are no 10% or greater ownership interests in ITV. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20200826-00159 E Momentum Telecom, Inc Assignment Grant of Authority Date of Action: 09/02/2020 Current Licensee: Metro Optical Solutions, LLC FROM: MBS Intermediate Holdings LLC TO: Momentum Telecom, Inc Notification filed August 26, 2020, of the pro forma assignment of international section 214 authorization, ITC-214-20130916-00248, held by Metro Optical Solutions, LLC (Metro Optical) to Momentum Telecom, Inc. (Momentum), effective July 30, 2020. In a corporate restructuring, Metro Optical was merged into its sister company, Momentum, with Momentum being the surviving entity. Metro Optical was, and Momentum remains, a direct wholly owned subsidiary of MBS Intermediate Holdings LLC and an indirect wholly owned subsidiary of Castle Holding Company, LLC. Page 2 of 5 ITC-T/C-20200309-00039 E ETS Telephone Company Transfer of Control Grant of Authority Date of Action: 08/28/2020 Current Licensee: ETS Telephone Company FROM: ACME Communications Inc. TO: Radiate Holdings, L.P. Application filed for consent to the transfer of control of ETS Telephone Company (ETS), which holds international section 214 authorization ITC-214-19960311-00007 (Old File No. ITC-96-108), from its indirect parent, ACME Communications Inc. (ACME), to Radiate Holdings LP (Radiate). ETS is a direct wholly owned subsidiary of En-Touch Systems, Inc. (En-Touch), which is a direct wholly owned subsidiary of ACME. Pursuant to a Stock Purchase Agreement dated February 18, 2020, Radiate Acquisition Inc. (RAQ), an indirect wholly owned subsidiary of Radiate, will acquire all stock interests in En-Touch from ACME. Upon closing, En-Touch and ETS will become direct and indirect subsidiaries of RAQ respectively. Radiate, a Delaware limited partnership, is managed, operated and controlled by Radiate Holdings GP LLC (Radiate GP), which is wholly owned by its sole member, TPG Advisors VII Inc. (TPG), whose two shareholders, David Bonderman and James G. Coulter, both U.S. citizens, are the ultimate owners and evenly share control of TPG and have the right to appoint a majority of the board of directors of Radiate GP. The equity interests in Radiate are majority held by investment funds ultimately controlled by Mr. Bonderman and Mr. Coulter, the principals of TPG Global, LLC. TPG VII Radiate Holdings I, L.P. (46.6%) and TPG VII Wakeboard Holdings, L.P. (34.9%) hold direct equity interests in Radiate. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-20120821-00208 Voiamo US Inc Applicant notified the Commission of the Surrender of its international section 214 authorization effective September 2, 2020. ITC-214-20140327-00108 US Telephone & Telegraph Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 31, 2020. 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) International facilities-based service providers must file and maintain a list of U.S.-international routes on which they have direct termination arrangements with a foreign carrier. 47 CFR § 63.22(h). A new international facilities-based service provider or one without existing direct termination arrangements must file its list within thirty (30) days of entering into a direct termination arrangement(s) with a foreign carrier(s). Thereafter, international facilities-based service providers must update their lists within thirty (30) days after adding a termination arrangement for a new foreign destination or discontinuing an arrangement with a previously listed destination. See Process For The Filing Of Routes On Which International Service Providers Have Direct Termination Arrangements With A Foreign Carrier, ITC-MSC-20181015-00182, Public Notice, 33 FCC Rcd 10008 (IB 2018). (8) Any U.S. Carrier that owned or leased bare capacity on a submarine cable between the United States and any foreign point must file a Circuit Capacity Report to provide information about the submarine cable capacity it holds. 47 CFR § 43.82(a)(2). See https://www.fcc.gov/circuit-capacity-data-us-international-submarine-cables. (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) i l ifi d d i d S i 63 10 f hPage l f 4 h of 5 i i f h i i l d (ii) 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. §§ 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 5 of 5