PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 45 L STREET NE 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. 21-803 Report No. TEL-02109 Thursday July 8, 2021 International Authorizations Granted Section 214 Applications (47 CFR §§ 63.18, 63.24); Section 310(b) Petitions (47 CFR § 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 benchmarks 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)). Page 1 of 5 ITC-T/C-20210517-00085 E South Carolina Telecommunications Group Holdings, LLC Transfer of Control Grant of Authority Date of Action: 07/05/2021 Current Licensee: South Carolina Telecommunications Group Holdings, LLC FROM: MTN Infrastructure TopCo, LP TO: Cox Communications, Inc Application filed for consent to transfer control of South Carolina Telecommunications Group Holdings, LLC (SCTG), a South Carolina limited liability company which holds international section 214 authorization ITC-214-19930512-00081, from MTN Infrastructure TopCo, LP (MTN Infrastructure) to Cox Communications, Inc. (Cox). Pursuant to an April 26, 2021 Agreement and Plan of Merger, Cox will be acquiring the commercial business of certain indirect wholly owned subsidiaries of MTN Infrastructure operating under the brand name, "Segra" (the Segra Commercial Licensees), including SCTG (the Merger). Prior to the Merger, MTN Infrastructure will separate the Segra subsidiaries' commercial business segments from the residential business segments. Cox has formed a new wholly owned subsidiary, Gridiron Merger Sub, Inc., a Delaware corporation (Merger Sub), to effectuate the Merger. At the effective time of the Merger, Merger Sub will merge with and into MTN Infrastructure TopCo Blocker, Inc. (MTN Parent), a direct, wholly owned subsidiary of MTN Infrastructure and the indirect parent of the Segra Commercial Licensees. Merger Sub will cease to exist, and MTN Parent will be the surviving corporation. Consequently, MTN Parent will become a direct wholly owned subsidiary of Cox, and the Segra Commercial Licensees, including SCTG, will become wholly owned indirect subsidiaries of Cox. Cox is wholly owned by Cox Enterprises, Inc. (CEI) via a 95.4% direct interest and a 4.6% indirect interest by virtue of CEI's 100% ownership of Cox minority owner, Cox DNS, Inc., all Delaware corporations. Voting control of CEI is vested in the Cox Family Voting Trust, which holds all of the voting stock of CEI. Applicants state that the following U.S. citizens are the trustees of the Cox Family Trust: James C. Kennedy, Alexander Taylor, and John M. Dyer. Trailsend Ventures, LLC (Trailsend), a Delaware entity, owns 29.49% of the equity of CEI. The 10% or greater owners of Trailsend are U.S.-based trusts, and the trustees are James C. Kennedy, James C. Kennedy, Jr., and Daniel L. Mosely, all U.S. citizens. Applicants state that no other individuals or entities will hold a 10% or greater ownership interest in Cox or SCTG. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20210521-00086 E Veracity Networks, LLC Transfer of Control Grant of Authority Date of Action: 07/05/2021 Current Licensee: Veracity Networks, LLC FROM: Broadweave Networks, Inc. TO: FirstDigital Communications, LLC Application filed for consent to transfer control of Veracity Networks, LLC (Veracity Networks), a Delaware limited liability company which holds international section 214 authorization ITC-214-20210318-00049, from its two owners, Broadweave Networks, Inc. (50%) and Veracity Communications, Inc. (50%), to FirstDigital Communications, LLC (FirstDigital), a Utah limited liability company. Pursuant to a May 3, 2021, Securities Purchase Agreement, FirstDigital will acquire 100% of the ownership interests of Veracity Networks. As a result, Veracity Networks will become a direct wholly owned subsidiary of FirstDigital. FirstDigital has the following 10% or greater owners: McDougal Holding, LC (59%); R&S Boyer Family, L.C. (14.49%); Community Trust of Utah (12.35%); and Gardner Property Holdings, L.C. (10.49%). Wesley McDougal and Amanda McDougal, both U.S. citizens, each hold 25.5% of the voting and equity interests in McDougal Holdings, LC. The trustees of the Community Trust of Utah are Jeremy Lund, Trish Coughlin, Brad Dickson, Marty Tate, Lindsey Kneuven, and Alex Eaton, all of whom are U.S. citizens. The Kem C. Gardner Family Partnership, Ltd., a Utah limited partnership and holding company, holds 98.02% of the interest in Gardner Property Holdings, L.C. Applicants state that no other person or entity will hold a 10% or greater direct or indirect ownership interest in Veracity Networks or FirstDigital. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5 ITC-T/C-20210524-00088 E Airvoice Wireless, LLC Transfer of Control Grant of Authority Date of Action: 07/05/2021 Current Licensee: Airvoice Wireless, LLC FROM: Airvoice Wireless, LLC TO: VTEL Holdings, LLC Application filed for consent to transfer control of Airvoice Wireless, LLC (Airvoice), a Michigan limited liability company which holds international section 214 authorization ITC-214-20130710-00185, to VTEL Holdings, LLC (VTEL), a Texas limited liability company. Pursuant to a May 17, 2021, Membership Interest Purchase Agreement, VTEL will acquire 100% of the ownership interests of Airvoice. As a result, Airvoice will become a direct wholly owned subsidiary of VTEL. Henry Hung Do, a U.S. citizen, is the sole owner of VTEL. This authorization is without prejudice to the Commission's action in any other related pending proceedings. 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 CFR § 63.23(d). (5) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 CFR § 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 CFR 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. Page 4 of 5 (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 CFR §§ 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 CFR §§ 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 CFR § 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 CFR § 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 https://www.fcc.gov/approved-space-station-list. This list is subject to change by the Commission when the public interest requires. The most current version of the list is maintained at https://www.fcc.gov/exclusion-list-international-section-214-authorizations. For additional information, contact the International Bureau's Telecommunications and Analysis Division, (202) 418-1480. Page 5 of 5