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 Friday December 4, 2009TEL-01399S Report No. SECTION 214 APPLICATIONS (47 C.F.R. § 63.18); SECTION 310(B)(4) REQUESTS STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in Section 63.12 of the Commission's rules, 47 C.F.R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. Communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 4 ITC-214-20091113-00487 E Global or Limited Global Resale ServiceService(s): Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). International Telecommunications Certificate VOICE BOOM INC ITC-214-20091117-00488 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale ServiceService(s): Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). International Telecommunications Certificate Pactelcom, Inc. ITC-214-20091119-00489 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale ServiceService(s): Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). International Telecommunications Certificate Abdul Communications, Inc. ITC-214-20091120-00491 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale ServiceService(s): Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). International Telecommunications Certificate China Dragon Telecom Ltd. ITC-214-20091120-00492 E Global or Limited Global Resale ServiceService(s): Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). International Telecommunications Certificate Avaya Inc. ITC-214-20091123-00501 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale ServiceService(s): Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). SAL agrees to be classified as a dominant carrier on the U.S.- Guyana route pursuant to Section 63.10 of the Commission's rules, 47 C.F.R § 63.10. International Telecommunications Certificate SAL Spectrum, LLC ITC-214-20091124-00493 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale ServiceService(s): Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). International Telecommunications Certificate Vtel Global LLC ITC-214-20091125-00519 E Global or Limited Global Facilities-Based Service, Global or Limited Global Resale ServiceService(s): Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). International Telecommunications Certificate Associated Telecommunications Management Services, LLC Page 2 of 4 ITC-AMD-20091202-00508 P Amendment filed to ITC-T/C-20090506-00204, an application for consent to the transfer of control of international section 214 authorization, ITC-214-20030515-00268, held by Trinity Communications Ltd. (Trinity) from Columbus Communications Ltd. (Columbus) to Cable Bahamas Ltd. (CBL). See DA 09-1856, rel. August 25, 2009. Trinity is a wholly-owned subsidiary of Caribbean Crossing Ltd., which in turn is a wholly-owned subsidiary of CBL. Columbus is the controlling shareholder of CBL through a 30.2% equity interest in CBL and voting authority to elect three (3) of the five (5) directors of CBL. Pursuant to the terms of a Share Purchase Agreement executed between CBL, Columbus and its indirect parent Columbus Communications Inc., Columbus will sell and CBL will purchase 100 percent of the shares in CBL currently owned by Columbus. As a result of the proposed transaction, the other existing owners will increase their ownership of CBL. CBL has subsequently entered into a Trust Declaration pursuant to which 5,000,000 shares of CBL common stock currently held by Columbus will be held by a newly created trust independent of both CBL and the Government of the Bahamas. Consequently, the Trust will have a 26.74% equity and voting interest in CBL. The trustee is Dr. Keva Bethel, a citizen of the Commonwealth of the Bahamas. The Government of the Bahamas will have a combined 21.39% equity and voting interest in CBL. (The National Insurance Board (NIB), an instrumentality of the Government of the Bahamas will hold a 16.23% interest and the Treasurer of the Government of the Bahamas will have a 5.16% interest.) No other individuals or entities will have a 10 percent or greater direct or indirect equity or voting interest in CBL. The Trust will terminate 14 days after the occurrence of the first of the following to occur: (a) the sale by Bahamas Telecommunications Corporation of more than 50% of its capital shares to a third party other than the Government of The Bahamas or an instrumentality thereof; (b) the admission of the Commonwealth of The Bahamas to the World Trade Organization; (c) the dilution of the interest in CBL held by the Government of The Bahamas to a level that, if the Trust Shares were transferred to CBL, the combined equity and voting interest of the Government of The Bahamas in CBL would be 25% or less; or (d) the dissolution or liquidation of CBL. At that time the shares of CBL held by the trust will be distributed to the other existing owners of CBL and the Government of the Bahamas will have a 29.2% ownership interest in CBL. (NIB will hold a 21.9% interest and the Treasurer will have a 7.3% interest.) No other individuals or entities will have a 10 percent or greater direct or indirect equity or voting interest in CBL. Amendment TRINITY COMMUNICATIONS LTD ITC-ASG-20091113-00486 E TO: Application filed for consent to the partial assignment of international section 214 authorization, ITC-214-20041115-00451, held by SaskTel (formerly Navigata Communications Ltd.) to Navigata Communications 2009 Inc. (Navigata 2009). Pursuant to the terms of an Asset Purchase Agreement dated September 4, 2009, Navigata 2009 will purchase from SaskTel certain assets, including customer contracts and telecommunications services located in virtual points of presence in Seattle, Washington and Los Angeles, California. Upon consummation, Navigata 2009 will provide services in the Provinces of British Columbia, Alberta, Ontario, and Quebec in Canada. Navigata 2009 will provide services to its newly acquired customers pursuant to international section 214 authorization, ITC-214-20091113-00523. SaskTel will continue to provide services to customers based in Saskatchewan, Canada pursuant to international section 214 authorization, ITC-214-20041115-00451. The following individuals hold ten percent or greater ownership interests in Navigata 2009: Peter E. Legault, a Canadian citizen (80% Voting Common Stock; 15.6% Total Common Stock); John M. Warta, a U.S. citizen (15% Voting Common Stock; 62.5% Total Common Stock); and, J. Jeffrey Mayhook, a U.S. citizen (5% Voting Common Stock; 15.6% Total Common Stock). SaskTelFROM: Current Licensee: Navigata Communications 2009 Inc. SaskTel Assignment Navigata Communications 2009 Inc. ITC-T/C-20091120-00496 E TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19990323-00165, held by NuVox, Inc. (NuVox) to Windstream Corporation (Windstream). The following wholly-owned subsidiaries of NuVox provide international service under authority of international section 214 authorization, ITC-214-19990323-00165, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. §63.21(h): NuVox Communications, Inc.; NewSouth Communications of Virginia, Inc.; NuVox Communications of Arkansas, Inc.; NuVox Communications of Illinois, Inc.; NuVox Communications of Indiana, Inc.; NuVox Communications of Kansas, Inc.; NuVox Communications of Missouri, Inc.; NuVox Communications of Ohio, Inc.; and, NuVox Communications of Oklahoma; Inc. Pursuant to the terms of an agreement and plan of merger executed on November 2, 2009, Windstream will acquire all of the shares of, and sole controlling interest in, NuVox. NuVox will merge with Night Merger Sub, Inc. (Newco), a wholly-owned subsidiary of Windstream. NuVox will emerge as the surviving entity, Newco will cease to exist as a separate corporate entity, and NuVox will be a wholly-owned subsidiary of Windstream. Windstream is a publicly-traded corporation in which no individual or entity holds 10 percent or greater direct or indirect equity or voting interest. NuVox, Inc.FROM: Current Licensee: Windstream Corporation NuVox, Inc. Transfer of Control NuVox, Inc. INFORMATIVE ITC-214-20091102-00466 US Cambridge Group LLC This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20091106-00482 Tulip Telecom Inc. Page 3 of 4 REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001-.2003. A current version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. INFORMATIVE This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-214-20091110-00468 Next-G Communication, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. Page 4 of 4