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. 24-8 Report No. TEL-02327 Thursday January 4, 2024 International Authorizations Granted Section 214 Applications (47 CFR §§ 63.18, 63.24); Section 310(b) Petitions (47 CFR § 1.5000) By the Chief, Telecommunications and Analysis Division, Office of International Affairs: The following applications have been granted pursuant to the Commission's processing procedures set forth in sections 63.12 and 63.20 of the Commission's rules. 47 CFR §§ 63.12, 63.20. Unless otherwise noted, these grants authorize the applicants to: (1) become a facilities-based international common carrier subject to 47 CFR §§ 63.21, 63.22 and/or a resale-based international common carrier subject to 47 CFR §§ 63.21, 63.23; (2) assign or transfer control of international section 214 authority in accordance with 47 CFR § 63.24; or (3) 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 30 (thirty) days of this public notice. See 47 CFR § 1.4(b)(2). ITC-214-20230925-00116 E Hadlo Technologies, 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: 12/29/2023 Hadlo Technologies, LLC (Hadlo) filed an application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission's rules and resale service in accordance with section 63.18(e)(2) of the Commission's rules. 47 CFR § 63.18(e)(1), (2). Hadlo, a Ohio limited liability company, is owned by two U.S. citizens: Thomas Hadden (50%) and Cathy Zygadlo (50%). Page 1 of 5 ITC-ASG-20231107-00140 E Element 78 Partners, LLC Assignment Grant of Authority Date of Action: 12/29/2023 Current Licensee: The Avail Group, LLC FROM: The Avail Group, LLC TO: Element 78 Partners, LLC Element 78 Partners, LLC (E78) filed an application seeking consent for the assignment of the international section 214 authorization for the provision of global facilities-based and resale service held by The Avail Group, LLC (Avail) (ITC-214-20130422-00113) to E78. Pursuant to an August 29, 2023 Letter of Intent, E78 will purchase substantially all of the assets of Avail including its customer base and international section 214 authorization. E78 is wholly owned by E78 Finance, LLC, which is wholly owned by E78 Finance Midco, LLC, which, in turn, is wholly owned by Element 78 Partners Holdings, LLC (E78 Partners Holdings), all Delaware entities. According to the Applicants, two entities hold a 10% or greater ownership interest in E78 Partners Holdings: Concord FG Holdings LP (Condor LP) (56% equity and voting) and Element 78 Management Holdings, LLC (19% equity and voting), both Delaware entities. Concord FG Holdings GP LLC (Condor GP), a Delaware entity, is the general partner of Condor LP. Four entities hold a 10% or greater equity interest in Condor LP: Further Global Capital Partners, L.P. (FGCP LP) (28%); Further Global Capital Partners-A, L.P. (FGCP-A LP) (20%); Further Global Capital Partners II, L.P. (FGCP-II LP) (25%); and Further Global Capital Partners-A II, L.P. (FGCP-A-II LP) (23%), all Cayman Island entities. Further Global Capital Partners GP, L.P. (FGCP GP), a Delaware entity, is the general partner of FGCP LP and FCGP-A LP. Further Global Capital Partners II GP, L.P., a Delaware entity, is the general partner of FGCP-II LP and FCGP-A-II LP. Further Global Capital UGP, Ltd, a Cayman Island entity, holds 100% voting rights (0% equity) in FGCP GP and 50% equity and voting interest in Condor GP. Further, Global Capital II UGP, Ltd, a Cayman Island entity, holds 100% voting rights (0% equity) in FGCP II GP and 50% equity and voting interest in Condor GP. Pierre Oliver Sarkozy, a citizen of France and the United States, holds 100% voting rights (0% equity) in both Further Global Capital UGP, Ltd and Further Global Capital II UGP, Ltd. According to the Applicants, no other individual or entity will hold a 10% or greater equity or voting interest in E78. In the Executive Branch Review Process Order, the Commission set out categories of applications with reportable foreign ownership that may be excluded from referral to the Executive Branch for review for national security, law enforcement, foreign policy, and trade policy issues. See Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, IB Docket 16-155, Report and Order, 35 FCC 10927, 10938-42, paras. 29-39 (2020). The Applicants have made a showing that the only reportable foreign ownership in E78 is through passive, offshore intermediary holding companies and that 100% of the ultimate control is held by a U.S. citizen. We exercised our discretion and did not refer the application to the Executive Branch. Although we did not formally refer the application, we did provide a copy of the public notice the Executive Branch agencies. See id. at 10941, para. 36, n.99; see also id. at 10957, para 81, n.205. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20231107-00139 E The Chillicothe Telephone Company Transfer of Control Grant of Authority Date of Action: 12/29/2023 Current Licensee: The Chillicothe Telephone Company FROM: Horizon Acquisition Parent, LLC TO: Shenandoah Telecommunications Company The Chillicothe Telephone Company (CTC), an Ohio company that holds an international section 214 authorization to provide global resale service (ITC-214-20180110-00003), filed an application for consent to the transfer of control of CTC from Horizon Acquisition Parent LLC (HAP) to Shenandoah Telecommunications Company (Shentel). CTC is a wholly owned indirect subsidiary of HAP. Pursuant to an October 24, 2023 Agreement and Plan of Merger, Shentel will acquire HAP, and CTC will become an indirect wholly owned subsidiary of Shentel. CTC will be a direct wholly owned subsidiary of Horizon Telecom, Inc., an Ohio corporation, which will be a direct subsidiary of Horizon Acquisition Parent LLC, a Delaware limited liability company, which, in turn, will be wholly owned by Shenandoah Personal Communications LLC, a Virginia limited liability company. Shenandoah Personal Communications LLC is wholly owned by Shentel Broadband Operations LLC, which is wholly owned by Shentel Broadband Holding Inc., both Delaware entities. Shentel holds a 94% controlling interest in Shentel Broadband Holding Inc. Shentel is a publicly traded company. According to the Applicants, two entities hold a 10% or greater interest in Shentel: BlackRock Inc, a Delaware corporation (16.3%) and The Vanguard Group, Inc, a Pennsylvania corporation (10.96%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 2 of 5 ITC-T/C-20231221-00154 E Texas RSA 19 Limited Partnership Transfer of Control Grant of Authority Date of Action: 01/03/2024 Current Licensee: Texas RSA 19 Limited Partnership FROM: New Cingular Wireless PCS, LLC TO: New Cingular Wireless PCS, LLC On December 21, 2023, Texas RSA 19 Limited Partnership (Texas RSA 19), a Delaware limited partnership that holds international section 214 authority for global resale service (ITC-214-20010412-00216), filed a notification of the pro forma transfer of control of Texas RSA 19, effective November 24, 2023. Prior to the transaction, New Cingular Wireless PCS, LLC (New Cingular Wireless) held a 33 1/3% general partnership interest in Texas RSA 19, and VTX Communications, LP (VTX) and Riviera Cellular & Telecommunications, Inc. each held a 33 1/3% limited partnership interest in Texas RSA 19. On November 24, 2023, VTX transferred its interest in Texas RSA 19 to New Cingular Wireless. New Cingular Wireless was and remains the general partner of Texas RSA 19 and now holds a 66 2/3% equity interest in Texas RSA 19. ITC-T/C-20231221-00155 E Texas RSA 18 Limited Partnership Transfer of Control Grant of Authority Date of Action: 01/03/2024 Current Licensee: Texas RSA 18 Limited Partnership FROM: New Cingular Wireless PCS, LLC TO: New Cingular Wireless PCS, LLC On December 21, 2023, Texas RSA 18 Limited Partnership (Texas RSA 18), a Delaware limited partnership that holds international section 214 authority for global resale service (ITC-214-20010412-00224), filed a notification of the pro forma transfer of control of Texas RSA 18, effective November 27, 2023. Prior to the transaction, New Cingular Wireless PCS, LLC (New Cingular Wireless) held a 34% general partnership interest in Texas RSA 18, VTX Communications, LP (VTX) held a 22% limited partnership interest, and SWT Unregulated Properties, Inc. held a 44% limited partnership interest in Texas RSA 18. On November 27, 2023, VTX transferred its interest in Texas RSA 18 to New Cingular Wireless. New Cingular Wireless was and remains the general partner of Texas RSA 18 and now holds a 56% equity interest in Texas RSA 18. SURRENDER ITC-214-20010822-00445 FRANZ, INC. ( d/b/a TELELIGHT INC. ) FRANZ, INC. notified the Commission of the surrender of its international section 214 authorization. ITC-214-20210401-00056 The Walled Garden The Walled Garden notified the Commission of the surrender of its international section 214 authorization. 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 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. (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 paymentsPage for terminating4 of 5 U.S. international switched traffic at the foreign 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. (15) Each carrier shall notify the Commission of any change in its contact information. Such notification shall be filed in the file number(s) for the international section 214 authorization(s) through the International Communications Filing System (ICFS). 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 Office of International Affairs, Telecommunications and Analysis Division at (202) 418-1480. Page 5 of 5