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. 23-226 Report No. TEL-02259 Thursday March 16, 2023 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 6 ISP-PDR-20220603-00003 E Three Forty-Five Holdings, LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 03/14/2023 On June 2, 2022, Three Forty-Five Holdings, LLC (Three Forty-Five Holdings or Petitioner) filed a petition for a declaratory ruling requesting that the Commission find it would serve the public interest to approve an increase in the indirect foreign equity and voting interests in Three Forty-Five Holdings, the controlling U.S. parent of Three Forty-Five Spectrum, LLC (Three Forty-Five Spectrum), to exceed the 25% benchmarks in section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4) (the "Act"), and pursuant to section 1.5000(a)(1) of the Commission's rules, 47 CFR § 1.5000(a)(1). On September 1 and 13, 2022, the Petitioner filed, respectively, a restated petition (Restated Petition) and a supplement. The Restated Petition is associated with a pro forma filing with the Wireless Telecommunications Bureau. See ULS File No. 0010039555. We received no comments on this request. According to the Restated Petition, Three Forty-Five Spectrum, a Delaware limited liability corporation, holds 3.45 GHz Service (PK) radio licenses as a result of winning bids placed in FCC Auction 110. Three Forty-Five Holdings, a Delaware limited liability corporation, is the direct parent of Three Forty-Five Spectrum and is vested with exclusive and full operational control of Three Forty-Five Spectrum. Columbia Capital Equity Partners VII (QP), L.P. (Delaware), Columbia 345 VII, LLC (Delaware), Columbia Capital Equity Partners VII (NON-US), L.P. (Delaware), Columbia Capital Equity Partners VII, L.P (Delaware), Columbia Capital VII, LLC (Delaware), Columbia Spectrum Partners V-A, L.P. (Delaware), Columbia Spectrum Partners V GP, L.P. (Delaware), Columbia Spectrum V, LLC (Delaware) (together "Columbia Capital entities") currently hold 50% of the equity and voting interests in Three Forty-Five Holdings. The remaining 50% equity and voting interests are held by the Ross W. Manire Revocable Trust, whose sole trustee is Ross W. Manire. The Petitioner states that in 2021, Three Forty-Five Holdings entered into subscription agreements with certain investors in connection with Three Forty-Five Holdings' anticipated participation in FCC Auction 110. Pursuant to such subscription agreements, the investors purchased convertible notes (the "Convertible Notes") to fund Three Forty-Five Holdings' potential acquisition of licenses in FCC Auction 110. According to the Restated Petition, the Convertible Notes will convert into membership units in Three Forty-Five Holdings upon receipt of the Commission's approval of Three Forty-Five Holdings' new ownership structure. According to the Restated Petition, as a result of the conversion of the Convertible Notes, the equity and voting interests held by the Columbia Capital entities in Three Forty-Five Holdings will increase from 50% to 77.98%. The equity and voting interests of the Manire Trust will decrease from 50% to 0.04%. Petitioner states that following the conversion of the Convertible Notes, Three Forty-Five Spectrum's indirect aggregate foreign ownership will increase from approximately 22.55% to 34.61%. The Restated Petition asks that the Commission approve up to an aggregate 45% indirect foreign equity and voting interest in Three Forty-Five Holdings. Pursuant to section 1.5001(i) of the Commission's rules, Petitioner requests that the Commission specifically approve indirect foreign equity and voting interests in Three Forty-Five Spectrum's controlling U.S. parent, Three Forty-Five Holdings, by the foreign-organized entities upon conversion of the Convertible Notes, as follows: Crossbones Investment Pte. Ltd. (13.43% equity and voting interests) (Singapore); GIC Blue Holdings Pte. Ltd. (13.43% equity and voting interests) (Singapore); GIC (Ventures) Pte. Ltd. (13.43% equity and voting interests) (Singapore); and The Minister for Finance of the Government of Singapore (13.43% equity and voting interests) (Singapore). Pursuant to Commission practice, the Restated Petition was referred to the relevant Executive Branch agencies for their views on any national security, law enforcement, foreign policy, or trade policy concerns related to the foreign ownership of the Petitioner. On March 2, 2023, the National Telecommunications and Information Administration, on behalf of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee), filed a letter stating that the Committee has reviewed the Restated Petition and has no recommendation at this time to the Commission and no objection to the Commission granting the ruling. We find that the public interest would not be served by prohibiting foreign ownership of Three Forty-Five Holdings in excess of the 25% benchmarks in section 310(b)(4) of the Act. We, therefore, grant the Restated Petition subject to the conditions set out herein. This ruling authorizes 45% aggregate foreign ownership of Three Forty-Five Holdings, as the controlling U.S. parent of Three Forty-Five Spectrum, subject to the terms and conditions set forth in section 1.5004 of the Commission's rules, including the requirement to obtain Commission approval before indirect foreign ownership of Three Forty-Five Holdings exceeds the terms and conditions of this ruling. 47 CFR § 1.5004. Specifically, pursuant to section 1.5001(i) of the rules, we grant Petitioner's request to permit the above-listed foreign-organized entities to hold, directly and/or indirectly, equity and/or voting interests in Three Forty-Five Holdings, the controlling U.S. parent, in the amounts specified above. We note that Petitioner did not seek advance approval for any foreign persons or entities to increase their interests, at some future time, up to any amount, including 100% of the direct and/or indirect equity and/or voting interests in Three Forty-Five Holdings as the controlling U.S. parent of Three Forty-Five Spectrum. Three Forty-Five Holdings has an affirmative duty to monitor its foreign equity and voting interests, calculate these interests consistent with the attribution principles enunciated by the Commission, including the standards and criteria set forth in sections 1.5002 through 1.5003 of the Commission's rules, and otherwise ensure continuing compliance with the provisions of section 310(b) of the Act. 47 CFR §§ 1.5002-1.5003; 47 CFR § 1.5004, Note to paragraph (a). A failure to comply and/or remain in compliance with any of these requirements shall constitute a failure to meet a condition of this ruling and the underlying licenses and thus grounds for declaring them terminated without further action on the part of the Commission. Failure to meet a condition of this ruling may also result in monetary sanctions or other enforcement action by the Commission. Grant of this declaratory ruling is without prejudice to the Commission's action on any other related pending application(s). Page 2 of 6 ITC-ASG-20230124-00005 E PNG Telecommunications, Inc. Assignment Grant of Authority Date of Action: 03/10/2023 Current Licensee: Business Network Long Distance, Inc. FROM: Business Network Long Distance, Inc. TO: PNG Telecommunications, Inc. PNG Telecommunications, Inc. (PNG) filed an application for consent to the assignment of the international long distance customer base of Business Network Long Distance, Inc. (BNLD) to PNG. PNG will provide international service to its newly acquired customers pursuant to its existing international section 214 authorization (ITC-214-19961011-00515). BNLD will retain its international section 214 authorization (ITC-214-20021216-00586). PNG, an Ohio corporation, is owned by Roberta Stevens (52%), Allison Stevens (18%), Barbara Williams (18%), and Bernie Stevens (11%), all U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20230124-00006 E PNG Telecommunications, Inc. Assignment Grant of Authority Date of Action: 03/10/2023 Current Licensee: Integrated Services, Inc. FROM: Integrated Services, Inc. TO: PNG Telecommunications, Inc. PNG Telecommunications, Inc. (PNG) filed an application for consent to the assignment of the international long distance customer base of Integrated Services, Inc. (ISI) to PNG. PNG will provide international service to its newly acquired customers pursuant to its existing international section 214 authorization (ITC-214-19961011-00515). ISI will retain its international section 214 authorization (ITC-214-20060530-00292). PNG, an Ohio corporation, is owned by Roberta Stevens (52%), Allison Stevens (18%), Barbara Williams (18%), and Bernie Stevens (11%), all U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20230124-00007 E PNG Telecommunications, Inc. Assignment Grant of Authority Date of Action: 03/10/2023 Current Licensee: Multiline Long Distance, Inc. FROM: Multiline Long Distance Inc. TO: PNG Telecommunications, Inc. PNG Telecommunications, Inc. (PNG) filed an application for consent to the assignment of the international long distance customer base of Multiline Long Distance Inc. (MLD) to PNG. PNG will provide international service to its newly acquired customers pursuant to its existing international section 214 authorization (ITC-214-19961011-00515). MLD will retain its international section 214 authorization (ITC-214-20061107-00502). PNG, an Ohio corporation, is owned by Roberta Stevens (52%), Allison Stevens (18%), Barbara Williams (18%), and Bernie Stevens (11%), all U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20230213-00017 E PNG Telecommunications, Inc. Assignment Grant of Authority Date of Action: 03/10/2023 Current Licensee: Nationwide Long Distance Service, Inc. FROM: Nationwide Long Distance Service, Inc. TO: PNG Telecommunications, Inc. PNG Telecommunications, Inc. (PNG) filed an application for consent to the assignment of the international long distance customer base of Nationwide Long Distance Service, Inc. (NLDS) to PNG. PNG will provide international service to its newly acquired customers pursuant to its existing international section 214 authorization (ITC-214-19961011-00515). NLDS will retain its international section 214 authorization (ITC-214-20060404-00186). PNG, an Ohio corporation, is owned by Roberta Stevens (52%), Allison Stevens (18%), Barbara Williams (18%), and Bernie Stevens (11%), all U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 6 ITC-ASG-20230213-00018 E PNG Telecommunications, Inc. Assignment Grant of Authority Date of Action: 03/10/2023 Current Licensee: National Access Long Distance, Inc. FROM: National Access Long Distance, Inc. TO: PNG Telecommunications, Inc. PNG Telecommunications, Inc. (PNG) filed an application for consent to the assignment of the international long distance customer base of National Access Long Distance, Inc. (NALD) to PNG. PNG will provide international service to its newly acquired customers pursuant to its existing international section 214 authorization (ITC-214-19961011-00515). NALD will retain its international section 214 authorization (ITC-214-20021018-00505). PNG, an Ohio corporation, is owned by Roberta Stevens (52%), Allison Stevens (18%), Barbara Williams (18%), and Bernie Stevens (11%), all U.S. citizens. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20230303-00027 E Fusion Cloud Services, LLC Assignment Grant of Authority Date of Action: 03/14/2023 Current Licensee: Fusion Communications, LLC FROM: Fusion Communications, LLC TO: Fusion Cloud Services, LLC Fusion Cloud Services, LLC (Fusion Cloud) filed a notification on March 3, 2023 of the assignment of assets from Fusion Communications, LLC (Fusion Communications) to Fusion Cloud, effective February 1, 2023. Fusion Cloud and Fusion Communications are both wholly owned subsidiaries of Fusion Connect, Inc. (Fusion Connect) and both provide international service under the international section 214 authority held by Fusion Connect (ITC-214-19971001-00592) pursuant to section 63.12(h) of the Commission's rules. 47 CFR § 63.21(h). In a corporate reorganization, Fusion Cloud acquired the Nebraska customer base and operating assets of Fusion Communications. ITC-T/C-20230217-00019 E Truphone, Inc. Transfer of Control Grant of Authority Date of Action: 03/14/2023 Current Licensee: Truphone, Inc. FROM: Truphone Limited TO: Geoffrey P Rowley Truphone, Inc. (TI), a Delaware corporation that holds an international section 214 authorization (ITC-214-20081112-00494), filed a notification on February 17, 2023, of the involuntary transfer of control of TI from Truphone Limited to Mr. Geoffrey Rowley and Mr. Philip Armstrong, as Administrators, effective January 24, 2023. TI is a direct wholly owned subsidiary of Truphone Limited, a private limited liability company organized under the laws of England and Wales. On January 24, 2023, the United Kingdom's High Court of Justice, the Business Property Courts of England and Wales (the "U.K. Court"), issued an order placing Truphone Limited into administration under the Insolvency Act of 1986. The U.K. Court appointed Mr. Rowley and Mr. Armstrong, both U.K. citizens, as Administrators to direct the operations of Truphone Limited during the administration process. This authorization is without prejudice to the Commission's action in any other related pending proceedings. SURRENDER ITC-214-20110511-00128 18C, LLC By letter filed on March 14, 2023, 18C, LLC notified the Commission that it surrendered its international section 214 authorization effective March 14, 2023. ITC-214-20180405-00074 Telecom2Go, LLC By letter filed on March 13, 2023, Telecom2Go, LLC notified the Commission that it surrendered its international section 214 authorization effective March 13, 2023. 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 is maintained in the FCC Reference Information Center and is available at https://www.fcc.gov/exclusion-list-international-section-214-authorizations. It is also 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