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. 20-841 Report No. TEL-02035 Thursday August 6, 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-ASG-20200715-00117 E Cablevision Lightpath LLC Assignment Grant of Authority Date of Action: 07/28/2020 Current Licensee: CABLEVISION LIGHTPATH INC FROM: CABLEVISION LIGHTPATH INC TO: Cablevision Lightpath LLC Notification filed July 15, 2020, of the pro forma assignment of international section 214 authorization ITC-214-19940128-00025 from Cablevision Lightpath, Inc. to Cablevision Lightpath, LLC, effective July 2, 2020. Prior to the transaction Cablevision Lightpath, Inc. was direct wholly owned subsidiary of CSC Holdings LLC and an indirect wholly subsidiary of Altice USA, Inc. In a corporate reorganization three intermediary holding companies - Lightpath Holdco 1, Inc., Lightpath Holdco 2, Inc, and Lightpath Holdings LLC - were inserted between CSC Holdings LLC and Cablevision Lightpath, Inc. In addition, Cablevision Lightpath was converted to Cablevision Lightpath, LLC. Page 1 of 4 ITC-T/C-20200624-00093 E Sunman Telecommunications Corp Long Distance Transfer of Control Grant of Authority Date of Action: 07/31/2020 Current Licensee: Sunman Telecommunications Corp Long Distance FROM: Miles Enterprises, Inc. TO: Great Plains Communications LLC Application filed for consent to the transfer of control of Sunman Telecommunications Corp., Long Distance (Sunman Telecommunications LD), an Indiana entity that holds international section 214 authorization ITC-214-19980601-00382, from its direct parent Miles Enterprise, Inc. (Miles Enterprise), an Indiana entity that is wholly held by Chad A. Miles, a U.S. citizen, to Great Plains Communications, LLC (GP Communications), a Delaware limited liability company. Pursuant to a Membership Interest Purchase Agreement dated June 5, 2020, GP Communications will acquire full ownership interests in Miles Enterprise and Sunman Telecommunications LD. Upon closing, both Miles Enterprise and Sunman Telecommunications LD will become wholly owned direct and indirect subsidiaries, respectively, of GP Communications. Great Plains Communications Holdings, LLC (GPC Holdings), a Delaware limited liability company, holds 100% interest in GP Communications, and is in turn 89.5% owned by Grain Communications Opportunity Fund II, LP (GCO Fund II), a Delaware limited partnership. The limited partnership interests in GCO Fund II are held by passive financial investors and are fully insulated under the Commission's rules. Two of the partners hold 10% or greater equity interests in GCO Fund II: Board of Regents of the University of Texas System, a Texas entity, holds 11.1% direct interest. The New York State Common Retirement Fund, a New York entity, holds 16.7% direct interest. The general partner of GCO Fund II is Grain GP IV, LLC, a Delaware limited partnership, which is ultimately controlled by David J. Grain, a U.S. citizen. No other individuals or entities will hold a ten percent or greater direct or indirect equity or voting interest in GP Communications, Miles Enterprise, or Sunman Communications LD, upon closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20200629-00094 E Millennium Telcomm, LLC Transfer of Control Grant of Authority Date of Action: 07/31/2020 Current Licensee: Millennium Telcomm, LLC FROM: Value Choice, Inc. TO: Ubiquity DFW, LP Application filed for consent to the transfer of control of Millennium Telcom, LLC dba One Source Communications (Millennium), which holds international section 214 authorization ITC-214-19981005-00686, from its 100% owner Value Choice, Inc. (Value Choice), a Texas entity, to Ubiquity DFW, LP (Ubiquity), a Delaware limited partnership. Pursuant to a Membership Interest Purchase Agreement, Ubiquity will acquire 100% interest in Millennium. Ubiquity Holdings UGP LLC, a Delaware limited liability company, holds 100% membership interest in Ubiquity. The following individuals and entity have a 10% or greater interest in Ubiquity Holdings UGP, LLC: Jamie Earp, a U.S. citizen (15%); Ajay Ghanekar, a U.S. citizen (15%); Montage Investments LLC (Montage Investments), a Delaware limited liability company (60%). Montage Investments, has a single member 1248 Holdings, LLC (1248 Holdings), a Delaware limited liability company. All of 1248 Holdings members are charitable trusts established by O. Gene Bicknell, for benefit of the descendants of O. Gene Bicknell. All trusts are Kansas trusts and the equity interests owned by the trusts are voted solely by the appointed trustees. One trust, Manner Trust Co. LLC, has a corporate trustee and Messrs. Martin C. Bicknell, Jeff A. Poe, Time Connealy, and Gary Hansen are all co-trustees of the other trusts. No other individuals or entities will hold a ten percent or greater direct or indirect equity or voting interest in Ubiquity or Millennium, upon closing. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-20080829-00417 Novanet Inc. Applicant notified the Commission of the Surrender of its international section 214 authorization effective July 30, 2020. ITC-214-20100331-00135 SI Wireless, LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective July 29, 2020. ITC-214-20120709-00176 Moontius LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective August 3, 2020. ITC-214-20130827-00232 TWare Connect LLC Applicant notified the Commission of the Surrender of its international section 214 authorization effective July 28, 2020. Page 2 of 4 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 3 h of 4 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 4 of 4