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. 20-1532 Report No. TEL-02065 Wednesday December 23, 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 processing procedures set forth in sections 63.12, 63.20 of the Commission's rules, 47 CFR §§ 63.12, 63.20, other provisions of the Commission's rules, or procedures set forth in an earlier public notice listing the applications as accepted for filing. Unless otherwise noted, these grants authorize the applicants: (1) to become a facilities-based international common carrier subject to 47 CFR §§ 63.21, 63.22; and/or (2) to become a resale-based international common carrier subject to 47 CFR §§ 63.21, 63.23; (3) to assign or transfer control of international section 214 authority in accordance with 47 CFR § 63.24; or (4) to exceed the foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b); see Subpart T of Part 1 of the Commission's rules, 47 CFR §§ 1.5000-5004. 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, 47 CFR §§ 1.106, 1.115, 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)). ITC-214-20161201-00337 E ARIA TEL CORP. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 12/15/2020 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 15, 2020, by the National Telecommunications and Information Administration on behalf of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. Accordingly, we condition grant of this application international section 214 authority on compliance by ARIA TEL Corp., with the commitments and undertakings set forth in the Letter of Agreement from Samira Del Rosario Rivera Martinez, President, ARIA TEL Corp., to the Chief, Foreign Investment Review Section, Deputy Chief, Compliance and Enforcement, on behalf of the Assistant Attorney General for National Security, United States Department of Justice, National Security Division, dated November 10, 2020 (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 by searching for ITC-214-20161201-00337 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 5 ITC-214-20180405-00074 E Telecom2Go, 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: 12/15/2020 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 15, 2020, by the National Telecommunications and Information Administration on behalf of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. Accordingly, we condition grant of this application international section 214 authority on compliance by Telecom2Go, LLC, with the commitments and undertakings set forth in the Letter of Agreement from Alonso Van Der Biest, President, Telecom2Go, LLC, to the Chief, Foreign Investment Review Section, Deputy Chief, Compliance and Enforcement, on behalf of the Assistant Attorney General for National Security, United States Department of Justice, National Security Division, dated November 16, 2020 (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 by searching for ITC-214-20180405-00074 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-214-20180515-00097 E Alleswolke Wireless 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: 12/15/2020 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on December 15, 2020, by the National Telecommunications and Information Administration on behalf of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. Accordingly, we condition grant of this application international section 214 authority on compliance by Alleswolke Wireless, LLC, with the commitments and undertakings set forth in the Letter of Agreement from Jerry Rui Zhu, Chief Executive Officer, Alleswolke Wireless, LLC, to the Chief, Foreign Investment Review Section, Deputy Chief, Compliance and Enforcement, on behalf of the Assistant Attorney General for National Security, United States Department of Justice, National Security Division, dated November 17, 2020 (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 by searching for ITC-214-20180515-00097 and accessing the "Other Filings related to this application" from the Document Viewing Area. ITC-T/C-20201109-00188 E Clarity Telecom, LLC DBA Vast Broadband Transfer of Control Grant of Authority Date of Action: 12/18/2020 Current Licensee: Clarity Telecom, LLC DBA Vast Broadband FROM: Python Holdings, L.P. TO: GI DI Rushmore TopCo LLC Application filed for consent to the transfer of control of Clarity Telecom LLC (Clarity), which holds international section 214 authorizations ITC-214-20020619-00308 and ITC-214-19990625-00428, from its indirect 100% owner, Python Holdings, L.P. (Python Holdings), to GI DI Rushmore TopCo LLC (Rushmore TopCo). Clarity, a Delaware limited liability company, is an indirect wholly owned subsidiary of Python Intermediate I, LLC (Python Intermediate), a direct wholly owned subsidiary of Python Holdings. Pursuant to a Securities Purchase Agreement executed on October 13, 2020, Rushmore TopCo will purchase the equity ownership of Python Intermediate from Python Holdings. Upon closing, Python Intermediate will be a direct wholly subsidiary of Rushmore TopCo and Clarity will be an indirect wholly owned subsidiary. Rushmore TopCo, a newly formed Delaware limited liability company created for the purpose of completing the transaction, is wholly owned by GI DI Rushmore Parent (Rushmore Parent), which, in turn, is wholly owned by GI DI Rushmore Holdings LP (Rushmore Holdings), all Delaware entities. Rushmore Holdings is owned and is controlled by two private equity funds, GI Partners Data Infrastructure Fund LP (GI DI Fund) (28.3%) and GI Partners Data Infrastructure Fund-A LP (54%) (GI DI Fund-A) (together, GI Partners) and another limited partner, Rushmore Opportunity LP (Rushmore Opportunity) (17.7%), all Delaware entities. GI GP DI LP (GI GP) is the general manager GI DI Fund, GI DI Fund-A, and Rushmore Opportunity LP. GI GP is indirectly held and ultimately managed by GI Manager LLC. The Magnuson Living Trust, a California trust, is the managing member of GI Manager LLC. Rick Magnuson in the trustee of the Magnuson Living Trust and the beneficiaries are Richard Magnuson, Allison Magnuson, Taylor Magnuson, and Scott Magnuson, all U.S. citizens. No other entity or individual will hold a 10% or greater equity or voting interest in Rushmore TopCo or Clarity. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5 INFORMATIVE ISP-PDR-20200507-00002 KBW Spectrum LLC By letter filed November 18, 2020, Applicant notified the Commission of the withdrawal of its petition for declaratory ruling. ITC-ASG-20191211-00207 Miron Enterprises,LLC By letter filed December 11, 2020, Applicant notified the Commission of the withdrawal of its application for assignment of international section 214 authority. SURRENDER ITC-214-20071013-00427 Ekofon, Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective December 11, 2020. ITC-214-20100719-00298 Rules Telecomm, LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective December 17, 2020. ITC-214-20140305-00048 US Voicecom LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective December 21, 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