Fibernet - FCC Name

LETTER submitted by Fibernet Direct Texas LLC

Notification of Name Change

2017-01-26

This document pretains to ITC-214-20101117-00470 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142010111700470_1169933

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Nes Newe! Neme! Sume! Sunr! Nusr! Nt Nun! SNnr! Nus! FPL FiberNet, LLC Application for Authority Under Section 214 File No. ITC—214— Of the Communications Act of 1934, As Amended, to Operate as a Facilities—Based Carrier and Resale Carrier for the Provision Of International Switched and Private Line Services to All International Points APPLICATION FPL FiberNet, LLC ("FPL FiberNet" or "Applicant"), pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. §214 (the "Act"), and Section 63.18 of the Commission‘s Rules, 47 CFR § 63.18, hereby requests authority to operate as a resale and facilities—based carrier on all routes. FPL FiberNet has no affiliation with any foreign carrier in any of the destination countries for which authority is requested, nor is FPL FiberNet affiliated with any dominant U.S. carrier whose services Applicant may resell. Thus, FPL FiberNet qualifies as a non—dominant carrier in its provision of international services on all routes under Section 63.10(a)(1) of the Commission‘s Rules and this Application is eligible for streamlined processing treatment pursuant to Section 63.12. Pursuant to Section 63.18 of the Commission‘s Rules, FPL FiberNet sets forth the following information in support of its Application: DCOL/CONWM/425862.1

(a) Name, address and telephone number of Applicant: FPL FiberNet, LLC 9250 W. Flagler Street Miami, Florida 33174 Tel: (305) 552—4876 (b) FPL FiberNet is a limited liability company organized under the laws of Delaware. (c) Correspondence concerning this Application should be sent to: David Eckmann Director of Core Business Development, Legal & Regulatory Affairs 9250 W. Flagler Street Miami, Florida 33174 Tel: (305) 345—8053 David. Eckmann@fpl.com With a copy to: John H. Heitmann Melissa Conway Kelley Drye & Warren LLP 3050 K Street NW, Suite 400 Washington, D.C. 20007 Tel: (202) 342—8552 Fax: (202) 342—8451 jheitmann@kelleydrye.com mconway@kelleydrye.com (d) FPL FiberNet currently does not hold authority from the Commission to provide international telecommunications services. (e) FPL FiberNet requests authority in this Application to operate as a facilities—based and resale carrier, pursuant to the terms and conditions of Section 63.18(e)(1) and Section 63.18(e)(2) of the Commission‘s Rules, on all routes possible under a grant of global authority. As evidenced by the signature of FPL FiberNet‘s authorized representative to this Application, Applicant certifies that it will comply with the terms and conditions contained in Sections 63.21, 63.22 and 63.23 of the Commission‘s Rules. (£) No response required. (g) Not applicable. DCO/CONWM/425862.1 2

(h) FPL FiberNet is 100% wholly owned by FPL Group Capital Inc, a Florida corporation located at 700 Universe Boulevard, Juno Beach, Florida 33408 (561) 694—4000. FPL Group Capital Inc functions as a holding company. FPL Group Capital Inc is 100% wholly owned by NextEra Energy, Inc., a widely—held public Florida corporation also located at 700 Universe Boulevard, Juno Beach, Florida 33408 (561) 694—4000. NextEra Energy, Inc. is a clean energy company. There are no entities or persons holding a 10% or greater ownership interest in NextEra Energy, Inc. FPL FiberNet states that no officer or director of FPL FiberNet will also be an officer or director of any foreign carrier. i) As evidenced by the signature to this Application, FPL FiberNet certifies that FPL FiberNet is not a foreign carrier and is not affiliated with a foreign carrier. 0) As evidenced by the signature to this Application, FPL FiberNet certifies that it does not seek to provide international telecommunications services to any destination country where (a) FPL FiberNet is a foreign carrier; (ii) FPL FiberNet _ controls a foreign carrier; (i11) any entity that owns more than 25 percent of FPL FiberNet, or that controls FPL FiberNet, controls a foreign carrier in that country; or (iv) two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, more than 25 percent of FPL FiberNet and are parties to, or the beneficiaries of, a contractual relation affecting the provision or marketing or international basic telecommunications services in the United States. (k) Not applicable. O Not applicable. (m) Not applicable. (n) As evidenced by the signature to this Application, FPL FiberNet certifies that it has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market power on the foreign end of the route, and that FPL FiberNet will not enter into such agreements in the future. (0) As evidenced by the signature to this Application, Applicant certifies that, pursuant to Sections 1.2001 through 1.2003 of the Commission‘s Rules, it is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (P) Applicant requests streamlined processing of this Application pursuant to Section 63.12 of the Commiuission‘s Rules, 47 C.F.R. § 63.12. This Application DCOL/CONWM/A425862.1 3

qualifies for streamlined treatment under Section 63.12(c) of the Commission‘s Rules, because (i) FPL FiberNet is a non—dominant carrier under Section 63.10(a)(1) of the Commission‘s Rules; (ii) FPL FiberNet is notaffiliated with a dominant U.S. carrier whose international services it seeks authority to resell; (iii) FPL FiberNet is not a foreign carrier and is not affiliated with foreign carriers on any route for which authority is sought; and (iv) FPL FiberNet is not requesting authority to provide switched services over private lines to countries not previously authorized for such services. For these reasons, FPL FiberNet requests that the Commission grant this Application. Respectfully submitted, FPL FiberNet, LLC John Heitmann o dllud. By: ZBree be e Bruce Wuenker Melissa Conway Controller Kelley Drye & Warren LLP FPL FiberNet, LLC 3050 K Street NW, Suite 400 9250 W. Flagler Street Washington, D.C. 20007 Miami, Florida 33174 Tel: (202) 342—8552 Tel. (305) 552—4876 Fax: (202) 342—8451 Counsel to Applicant Dated: October 13, 2010 DCO1/CONWM/A425862.1





Document Created: 2017-01-26 10:57:08
Document Modified: 2017-01-26 10:57:08
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