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. 22-665 Report No. TEL-02197 Thursday June 23, 2022 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)). ITC-214-20220519-00066 E CJC Global Connections & Consulting 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: 06/17/2022 An application has been filed for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission's rules, and to provide resale service in accordance with section 63.18(e)(2) of the Commission's rules, 47 CFR § 63.18(e)(1), (2). CJC Global Connections & Consulting LLC is 100% owned by Andrew Lee, a U.S. citizen. ITC-214-20220523-00067 E BTOS Integration, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/17/2022 An application has been filed for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission's rules, 47 CFR § 63.18(e)(2). BTOS Integration, Inc. is owned by Chia-Chi George Lai (50%) and May Lan-Fung Lai (50%), both U.S. citizens. Page 1 of 6 ITC-ASG-20220426-00060 E NetFortris License Company, Inc. Assignment Grant of Authority Date of Action: 06/13/2022 Current Licensee: NetFortris Acquisition Co., Inc. FROM: NetFortris Acquisition Co., Inc. TO: NetFortris License Company, Inc. A notification has been filed on April 26, 2022 of the pro forma assignment of international section 214 authorization ITC-214-20101112-00459 held by NetFortris Acquisition Co., Inc. (NetFortris Acquisition), to NetFortris License Company, Inc. (NetFortris License), effective March 28, 2022. In a corporate restructuring, NetFortris Acquisition transferred certain assets, including its international section 214 authorization and customers receiving regulated telecommunication services, to its affiliate, NetFortris License, a Delaware corporation. NetFortris Acquisition and NetFortris License are both controlled by NetFortris Holdings, LLC, a Delaware limited liability company. ITC-T/C-20211104-00161 E Plant Long Distance Company Transfer of Control Grant of Authority Date of Action: 06/22/2022 Current Licensee: Plant Long Distance Company FROM: Plant Telephone Company TO: Worth Telecoms Holdings, LLC An application was filed for consent to transfer control of Plant Long Distance Company (PLDC), a Georgia corporation that holds international section 214 authorization ITC-214-19980831-00630, from Plant Telephone Company (Plant) to Worth Telecoms Holdings, LLC (Worth Telecoms). PLDC is direct wholly owned subsidiary of Plant, a Georgia corporation, which is co-owned (50% each) by Sterling Family, LLC and Metzger Associates, LLC. Pursuant to a November 3, 2021, stock purchase agreement, Worth Telecoms will acquire all the ownership interests in Plant from Sterling Family, LLC and Metzger Associates, LLC. Upon consummation, Plant will become a direct wholly owned subsidiary of Worth Telecoms, and PLDC will become an indirect wholly owned subsidiary of Worth Telecoms. Worth Telecoms, a Delaware limited liability company, is a wholly owned subsidiary of TruVista Communications, Inc., a South Carolina corporation, which is a wholly owned subsidiary of York Telecoms Holdings US L.P. (York), a Delaware limited partnership. The general partner of York is York Telecoms Holdings US LLC (York Telecom), a Delaware limited liability company. iCON Infrastructure Partners IV (US AIV), L.P. (iCON AIV), an England and Wales entity, directly holds approximately 98% limited partner interest in York, and indirectly controls York as sole member of York Telecom. iCON Infrastructure Partners IV (US AIV-A), L.P. (iCON AIV-A), an England and Wales entity, holds 45% limited partner interest in iCON AIV. iCON Infrastructure Management IV Limited (iCON IV GP), a Guernsey entity, is the general partner of iCON AIV and iCON AIV-A. iCON Infrastructure LLP (iCON Parent), a United Kingdom entity, is the 100% owner of iCON IV GP. The following individuals own a 10% or greater interest in iCON Parent: Daniel Michael Agostino, a citizen of the United Kingdom (11.066% equity and 7.377% voting interest); Paul Richard Malan, a citizen of the United Kingdom and Australia, (39.747% equity and 59.831% voting interest); and Iain Ross Macleod, a citizen of the United Kingdom (19.913% equity and 13.276% voting interest). No other partners in iCON Parent hold 10% or greater equity or voting interest in iCON Parent. According to Applicants, no other individual or entity will hold a 10% or greater interest in Worth Telecoms. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on June 15, 2022 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 the application for transfer control of Plant Long Distance Company from Plant Telephone Company to Worth Telecoms Holdings, LLC on Plant Telephone Company abiding by the commitments and undertakings set forth in the Letter of Agreement from Danny E. Sterling, President and General Manager, Plant Telephone Company 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 May 31, 2022 (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-T/C-20211104-00161 accessing the "Other Filings related to this application" from the Document Viewing Area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 6 ITC-T/C-20211108-00165 E Peerless Network, Inc Transfer of Control Grant of Authority Date of Action: 06/22/2022 Current Licensee: Peerless Network, Inc FROM: Peerless Network Holdings, Inc. TO: OpenMarket Inc. An application was filed for consent to transfer control of Peerless Network, Inc. (PNI), a Delaware corporation that holds international section 214 authorization ITC-214-20080304-00146, from Peerless Network Holdings, Inc. (Peerless Holdings) to OpenMarket Inc. (OpenMarket). PNI is a direct wholly owned subsidiary of Peerless Holdings. Airus, Inc. (Airus), and WaveNation, LLC (WaveNation), wholly owned subsidiaries of PNI, provide international service under the international section 214 authorization held by PNI, ITC-214-20080304-00146, pursuant to section 63.21(h) of the Commission's rules, 47 CFR § 63.21(h). Pursuant to an October 29, 2021, agreement and plan of merger OpenMarket will acquire Peerless Holdings. Upon consummation, Peerless Holdings will be a direct wholly owned subsidiary of OpenMarket and PNI, Airus, and WaveNation will be an indirect wholly owned subsidiaries of OpenMarket. OpenMarket, a Michigan corporation, is a direct wholly owned subsidiary of OpenMarket Holdings LLC, a Delaware limited liability company. OpenMarket Holdings LLC is wholly owned by Infobip Limited, an entity of England and Wales, which in turn is wholly owned by Infobip Holdings Limited (Infobip Holdings), a Cayman Island entity. The direct 10% or greater owners of Infobip Holdings are: Silvio Kuti, a Croatian and Italian citizen (49.66% equity, 16.67% voting as Member of Board and Chief Executive Officer); Roberto Kuti, a Croatian and Italian citizen (12.52% equity, 16.67% voting as Member of the Board and Chief Operations Officer); Izabel Jeleni, a Croatian citizen (21.28% equity, 16.67% voting as Member of the Board and Chief Technical Officer); Mario Baburi, a Croatian citizen (0% equity, 16.67% voting as Member of the Board and Chief Financial Officer); Ante Kušurin, a Croatian citizen (0% equity, 16.67% voting as Member of the Board); Paul Carl Schorr IV, a U.S. citizen (0% equity, 16.67% voting as Member of the Board); and OEP IB MidCo L.P., a Cayman Island entity (15.55% equity, 33.33% voting as an investor appointing 2 of 6 board seats). OEP IB HoldingCo, L.P., holds a 100% interest in both OEP IB MidCo L.P. and OEP IB Midco GP, Ltd., the general partner of OEP IB MidCo L.P., all Cayman Island entities. OEP IB HoldingCo GP, Ltd. is the general partner of OEP IB HoldingCo, L.P. and OEP VII General Partner L.P. is the general partner of OEP IB HoldingCo GP, Ltd., all Cayman Island entities. Richard Cashin and David Han, both U.S. citizens, each have a 50% ownership of OEP VII GP, L.L.C., the general partner of OEP VII General Partner L.P., both Cayman Island entities. According to the Applicants, no other individual or entity holds 10% or greater direct or indirect equity or voting interest in OpenMarket. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on June 13, 2022 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 the application for transfer control of Peerless Network, Inc. from Peerless Network Holdings, Inc. to OpenMarket Inc. on Peerless Network, Inc., and its subsidiaries Airus, Inc., and WaveNation, LLC, Infobip, Ltd., and Infobip, Inc., abiding by the commitments and undertakings set forth in the Letter of Agreement from John Barnicle, President and CEO Peerless Network, Inc. and Silvio Kutic, Director, Infobip Inc. and Infobip Ltd, 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 May 23, 2022 (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-T/C-20211108-00165 accessing the "Other Filings related to this application" from the Document Viewing Area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20220425-00059 E Moundridge Telcom, Inc. Transfer of Control Grant of Authority Date of Action: 06/17/2022 Current Licensee: Moundridge Telcom, Inc. FROM: Moundridge Telephone Co. TO: Rural Telephone Service Co dba Nex-Tech An application has been filed for the transfer of control of Moundridge Telecom, Inc. (MTI), a Kansas corporation that holds an international section 214 authorization (ITC-214-20000502-00280), from Moundridge Telephone Co. (MTC) to Rural Telephone Service Co d/b/a Nex-Tech (RTSC). MTI is a wholly owned subsidiary of MTC which in turn is a wholly owned subsidiary of Emmental, Inc. (Emmental), both Kansas corporations. Pursuant to a stock purchase agreement, RTSC will acquire all outstanding common stock of Emmental. Upon closing, Emmental will become a direct wholly owned subsidiary of RTSC, and MTC and MTI will become indirect wholly owned subsidiaries of RTSC through Emmental. RTSC is a Kansas cooperative and is owned by its subscriber members with no individual or entity having a 10% or greater direct or indirect ownership interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6 ITC-T/C-20220513-00064 E Blue Sky Network, LLC Transfer of Control Grant of Authority Date of Action: 06/17/2022 Current Licensee: Blue Sky Network, LLC FROM: Kerwood Capital Partners, LLC TO: ACR Group Borrower LLC An application has been filed for consent to the transfer of control of Blue Sky Network, LLC (Blue Sky), a Delaware limited liability company that holds international section 214 authorization ITC-214-20010713-00369, from Kerwood Capital Partners, LLC (Kerwood) to ACR Group Borrower LLC (ACR). Blue Sky is an indirect wholly owned subsidiary of Kerwood, a Delaware limited liability company. Pursuant to a May 4, 2022 membership interest purchase agreement, ACR will purchase 100% of the membership interests in Blue Sky from Kerwood. Upon closing, Blue Sky will be a direct wholly owned subsidiary of ACR. ACR, a Delaware limited liability company, is a wholly owned subsidiary of ACR Group Guarantor, LLC, a Delaware limited liability company, which is a wholly owned subsidiary of ACR Group Parent, Inc. (ACR Group Parent), a Delaware corporation. The Resolute II Continuation Fund, L.P. (Resolute II), a Delaware limited partnership, has 99% ownership interest in ACR Group Parent. HLSF V Holdings LP, a Delaware limited partnership, and PEF 2020-2021 Sub, LLC, a Delaware limited liability company, each hold 13% equity interest in Resolute II. Resolute II Continuation Fund Partners, LP (RII CFP), a Delaware limited partnership, is the general partner of Resolute II. Partner Resolute II Continuation Fund Partners LLC (RII CFP LLC), a Delaware limited liability company, is the general partner of RII CFP. The Jordan Company, L.P. (Jordan Co. LP), a Delaware limited partnership, is the managing member of RII CFP LLC. The Jordan Company GP, LLC (Jordan Co. GP), a Delaware limited liability company, is the managing member of Jordan Co. LP. The following U.S. citizens hold a 10% or greater equity interest in Jordan Co. GP: Richard Caputo (25%) and Jay Jordan (16%). Applicants state that no other entity will hold a 10% or greater direct or indirect equity or voting interest in Blue Sky or ACR. This authorization is without prejudice to the Commission's action in any other related pending proceedings. INFORMATIVE ITC-T/C-20210913-00135 Marlink-ITC, Inc. By letter dated June 1, 2022, the Commission was notified that Marlink, Inc. has changed its name to Marlink-ITC, Inc. SURRENDER ITC-214-20011109-00564 AVOXI, Inc. By letter filed on June 17, 2022, AVOXI, Inc. notified the Commission of the surrender of its international section 214 authorization. Page 4 of 6 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 5 of 6 (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 6 of 6