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 January 15, 2010TEL-01406S 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-214-20091218-00544 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 Nowtel USA, Inc. ITC-214-20091218-00550 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 Globafon, Inc. ITC-214-20091222-00542 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 Black Swan Syndicate ITC-214-20100105-00006 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 Mediatel S.A. ITC-214-20100107-00012 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 USA Telecom Communications, LLC ITC-214-20100107-00013 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 TrueLine Communications, LLC ITC-214-20100107-00016 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 Soriel Telecommunication Corporation ITC-214-20100108-00014 E INMARSAT and Mobile Satellite ServiceService(s): Application for authority to provide Inmarsat and Mobile Satellite Service in accordance with Section 63.18(e)(3) of the Commission's rules, 47 C.F.R. § 63.18(e)(3). International Telecommunications Certificate Pipeline Telecom, Incorporated ITC-214-20100109-00009 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 Iris Communications LLC ITC-214-20100111-00015 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 Kiskiminetas Communications LLC Page 2 of 4 ITC-ASG-20091223-00543 E TO: Application for consent to the assignment of international section 214 authorizations, ITC-214-19930101-00257 (Old File No. ITC-93-246), ITC-214-19960925-00468 (Old File No. ITC-96-532), ITC-214-19970421-00220 (Old File No. ITC-97-221), ITC-214-19980430-00286 (Old File No. ITC-98-342), ITC-214-19990325-00153, and ITC-MOD-19970618-00335 (Old File No. ITC-96-532-M), held by Tricom USA, Inc. Debtor-in-Possession (Tricom USA DIP), to Tricom USA Inc. (New Tricom USA). On February 29, 2008, Tricom, S.A. and its wholly-owned subsidiary Tricom USA, Inc. filed for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code with the United States Bankruptcy Court for the Southern District of New York. Pursuant to an order entered on October 21, 2009, the Bankruptcy Court confirmed the plan of reorganization (Plan) for Tricom, S.A. and its Affiliated Debtors, including Tricom USA, Inc., Debtor-in Possession. The plan provides for the creation of a new holding company, Hispanola Telecom Holdings, Ltd., to be formed in the Bahamas which, upon the effective date of the plan, will own directly at least 97% of the equity interests in reorganized Tricom, S.A. (New Tricom S.A.), a corporation organized in the Dominican Republic. Under the plan, New Tricom USA will continue to be a wholly owned subsidiary of New Tricom S.A. Pursuant to the plan, holders of certain unsecured claims against Tricom, S.A. and its Affiliated Debtors will receive a distribution of shares of Hispanola Telecom Holdings. It is anticipated that the following individuals or entities will hold a ten percent or greater interest in Hispanola Telecom Holdings: (1) Ellis Portafolio, S.A., a British Virgin Islands entity (10.7% direct); (2) MAP Private Trust Company, a Cayman Islands entity, for the benefit of Manuel Arturo Pellerano Pena and certain family members, all citizens of the Dominican Republic (13.4% indirect through various companies including Ellis Portafolio, S.A.); (3) AMZAK Capital Management, LLC (direct interest in excess of 18.5%, but less than 50%); (4) the Kazma family - Gerald Kazma, Michael Kazma, and Leigh Kazma, all Canadian citizens (indirect interest in excess of 18.5%, but less than 50%, through AMZAK). No other individuals or entities are expected to hold a ten percent or greater equity or voting ownership interest in Hispanola Telecom Holdings and consequently in New Tricom USA. Tricom USA, Inc., Debtor-in-PossessionFROM: Current Licensee: TRICOM USA, INC. Tricom USA, Inc., Debtor-in-Possession Assignment TRICOM USA, INC. ITC-ASG-20091230-00555 E TO: Application filed for consent to the assignment of assets held by Global Capacity Direct, LLC, f/k/a Vanco Direct USA, LLC (Vanco) to Global Telecom & Technology Americas, Inc., f/k/a Global Internetworking, Inc. (GTT Americas). Pursuant to the terms of an asset purchase agreement, dated December 30, 2009, Vanco will assign certain of its interstate data private line customers, located throughout the service territories of Vanco, to GTT Americas. Upon closing, Vanco will continue to provide services to its remaining customers pursuant to its existing international section 214 authorization, ITC-214-20050331-00136. GTT Americas will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-20020619-00332. GTT Americas is a direct wholly-owned subsidiary of Global Telecom & Technology, Inc. (GTT). The following individuals and entities, all U.S. citizens, hold 10 percent or greater ownership interests in GTT: H. Brian Thompson (30%); Universal Telecommunications, Inc. (Universal) (27%); J. Carlo Cannell (22%). Mr. Thompson holds his interests in GTT through his ownership of the majority of the stock of Universal and additional shares of GTT which he holds directly. J. Carlo Cannell holds his interests in GTT as the sole managing member of Cannell Capital LLC which possesses the sole power to vote the disposition of all securities of GTT held by Anegada Master Fund Limited, Tonga Partners, L.P., and Tonga Partners QP, L.P. (collectively, 22%). No other individual or entity holds a 10 percent or greater direct or indirect equity or voting interest in GTT. Vanco Direct USA, LLCFROM: Current Licensee: Global Telecom & Technology Americas, Inc. Vanco Direct USA, LLC Assignment Global Telecom & Technology Americas, Inc. ITC-ASG-20091230-00556 E TO: Application filed for consent to the assignment of assets held by Global Capacity Group, Inc. (GCG) to Global Telecom & Technology Americas, Inc., f/k/a Global Internetworking, Inc. (GTT Americas). Pursuant to the terms of an asset purchase agreement, dated December 30, 2009, GCG will assign its interstate data private line customers, located throughout the service territories of GCG, to GTT Americas. Upon closing, GCG will continue to provide services to its remaining customers pursuant to its existing international section 214 authorization, ITC-214-20070410-00137. GTT Americas will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-20020619-00332. GTT Americas is a direct wholly-owned subsidiary of Global Telecom & Technology, Inc. (GTT). The following individuals and entities, all U.S. citizens, hold 10 percent or greater ownership interests in GTT: H. Brian Thompson (30%); Universal Telecommunications, Inc. (Universal) (27%); J. Carlo Cannell (22%). Mr. Thompson holds his interests in GTT through his ownership of the majority of the stock of Universal and additional shares of GTT which he holds directly. J. Carlo Cannell holds his interests in GTT as the sole managing member of Cannell Capital LLC which possesses the sole power to vote the disposition of all securities of GTT held by Anegada Master Fund Limited, Tonga Partners, L.P., and Tonga Partners QP, L.P. (collectively, 22%). No other individual or entity holds a 10 percent or greater direct or indirect equity or voting interest in GTT. Global Capacity Group, Inc.FROM: Current Licensee: Global Telecom & Technology Americas, Inc. Global Capacity Group, Inc. Assignment Global Telecom & Technology Americas, 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. ITC-T/C-20091222-00549 E TO: Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19990630-00431, held by Comanche County Telecommunications, L.P. (CCTLP), from its 100% indirect parent, First American Communications Enterprises, Inc. (FACE), to TOTE Holdings, LLC (TOTE). Pursuant to the terms of a sale agreement, TOTE will purchase from FACE all of the membership interests of Totelcom Communications, LLC (Totelcom), the 100% parent of CCTLP and a direct wholly-owned subsidiary of FACE. Concurrently, Totelcom will transfer its 99% limited partnership interest in CCTLP to TOTE (but will maintain its 1% indirect general partnership interest in CCTLP). Upon consummation Totelcom and CCTLP will become wholly-owned subsidiaries of TOTE. TOTE is wholly owned by TRPTDP, LP. The general partner of TRPTDP, LP, with a 1% general partnership interest, is TRPTDP Holdings, LLC (TRPTDP Holdings). Two individuals, both U.S. citizens, Toney Prather and his wife, Terrie Prather, separately hold 49.5% limited partnership interests in TRPTDP LP and each individual also holds 50% ownership interests of TRPTDP Holdings. First American Communications Enterprises, Inc.FROM: Current Licensee: TOTE Holdings, LLC Comanche County Telecommunications, LP Transfer of Control Comanche County Telecommunications, L.P. INFORMATIVE ITC-T/C-20091214-00537 Total Call Mobile, Inc. This application has been removed from Streamlined processing pursuant to Section 63.12(c)(3) of the Commission's rules. ITC-T/C-20091214-00538 Total Call International, 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