Attachment 20170330094611-513.p

20170330094611-513.p

SUPPLEMENT

Supplement

1993-07-23

This document pretains to ITC-214-19930723-00134 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141993072300134_1440452

9 F.C.CR. 1287 Page 1 of 4 C:214 10P5 1125 60724 1994 WL 70159 (F.C.C.), 9 F.C.C.R. 1287, 9 FCC Red. 1287 DA 94—193 *1 IN THE MATTER OF _ WILTEL INTERNATIONAL, INC. APPLICATION FOR AUTHORITYPURSUANT TO SECTION 214 OF THE COMMUNICATIONS ACT OF 1934, AS AMENDED, TO PROVIDE INTERNATIONAL COMMON CARRIER SERVICESAS A RESELLER —_FileNo.I—T—C—93—281 Adopted: February 25, 1994; Released: March 8, 1994 **1287 ORDER AND CERTIFICATION By the Chief, International Facilities Division: 1. Upon consideration of the above—captioned uncontested application, [FN1] filed pursuant to Section 214 of the Communications Act of 1934, as amended, IT IS HEREBY CERTIFIED that the present and future public convenience and necessity require the resale of international private lines for the provision of international private line services to the general public by WilTel International, Inc. (WilTel). [FN2] 2. Accordingly, IT IS ORDERED that application File I—T—C—93—281 IS GRANTED and WilTel is authorized to resell international private lines not interconnected to the public switched network for the provision of international private line services [FN3] between the United States and each of the forty—eight (48) international points specified in Appendix A. [FN4] 3. IT IS FURTHER ORDERED that WilTel is authorized to lease and operate one—half interest in up to 717 DS—0 circuits from authorized U.S. common carriers [FNS5] for the provision of its authorized resale of international privatelines for private line services, as specified in Appendix A. 4. IT IS FURTHER ORDERED that our authorization of WilTel to resell international private lines for the provision of non—interconnected private line service is limited to the provision of such private line service only between the United States and each of the international points listed in Appendix A——that is, private lines which carry traffic that originates in the United States and terminates in one of the international points listed in Appendix A and terminates in the United States. In addition, WilTel may not—— and WilTel‘s tariffs must state that WilTel‘s customers may not——connect private lines provided over these facilities to the public switched network at either the U.S. or the foreign end, or both, for the provision of international basic telecommunications services, including switched voice services, unless authorized to do so by the Commission upon a finding that the foreign country affords resale opportunities equivalent to those available under U.S. law, in accordance with Regulationof International Accounting Rates, Phase II, First Report and Order, 7 FCCRed 559 (1991), Order on Reconsideration and Third Further Notice **1288 of Proposed Rulemaking (Third Further Notice),7 FCCRed 7927 (1992), fONOROLA/EMI Order, 7 FCCRed 7312 (1992), petition for reconsideration pending. 5. IT IS FURTHER ORDERED that neither WilTel nor any persons or companies directly or indirectly controlling it or controlled by it, or under direct or indirect common control with it, shall acquire or enjoy any right, for the purposes of handling or interchanging traffic to or from the United States, its territories or possessions which is denied to any other United States carrier by reason of any concession contract, understanding, or working arrangement to which WilTel or any such persons or companies controlling or controlled by WilTel are parties. *2 6. IT IS FURTHER ORDERED that (a) WilTel shall file publicly any contracts entered into with other carriers or a contract summary in accordance with Section 203 of the Communications Act, 47 U.S.C. § 203, and the Interexchange Order, [FN6] (b) the services obtained by WilTel shall be made generally available to similarly situated customers at the same terms and conditions and rates; and (c) WilTel shall file tariff provisions pursuant to Section 203 of the Communications Act, 47 U.S.C. § 203, and Part 61 of the Commission‘s Rules, 47 C.F.R. Part 61, for the services authorized in this Order. http://web2. westlaw.com/result/documenttext.aspx ?rltdb=CLID_DB1339132411&docsa... 11/24/2006

9 F.C.C.R. 1287 Page 2 of 4 7. IT IS FURTHER ORDERED that WilTel shall file the annual reports of overseas telecommunications traffic required by Section 43.61 of the Commission‘s Rules, 47C.F.R.43.61. 8. IT IS FlURTHIER ORDERE‘D that WiITeI Shcl” file semi—annual reports of circuit additions, pursuant to 9. IT IS FlURTHER ORDERED that WilTel shall file with the Commission a copy any operating agreement it enters into with its foreign correspondents within thirty (30) days of execution, and shall otherwise comply with the filing requirements contained in Section 43.51 of the Commission‘s Rules, 10. IT IS FURTHER ORDERED that this Order may be subject to future modification pursuant to the outcome of the Phase II Third Further Notice and any related proceedings. 11. IT IS FURTHER ORDEREDthat nothing in this authorization should be construed to include authorization for the transmission of money in connection with the services WilTel seeks authority to provide. The transmission of money is not consideredto be a common carrier service. 12 This Order is issued under Section 0.291 of the Commission‘s Rules and @fifi W% I@E@m Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115of the Commission‘s Rules may be filed within 30 days of the public notice of this Order (see Section 1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION George S. Li Chief, International Facilities Division Common Carrier Bureau FN1. WilTel intends to provide point—to—point and multi—point private line and virtual private line services for the transmission of voice, data, facsimile and video communications. It does not intend to interconnect any of these private line services to the public switched network. See Application at 2. See also Letter, dated February 15, 1994 from John C. Gammie, Attorney, WilTel International, Inc. to Jennifer Warren, International Facilities Division, Common Carrier Bureau. FN2. WilTel International, Inc. is wholly—owned by Williams Telecommunications Group, Inc. (WTG1I), which is in turn wholly—owned by The Williams Companies, Inc., a publicly held corporation. WTGI also owns WilTel, Inc. which currently provides domestic and international services. WilTel International, Inc. also operates facilities formerly owned by Vyvx Telecom, Inc., WTG—East, Inc. and WTG—West, Inc. FN3. The Commission has concluded that the public interest in cost—based international telecommunications services would be served by the encouragement of international resale, provided that steps were taken to ensure that such resale did not result in the unilateral diversion of U.S. nnbound switched traffic to private lines, and thus, exacerbate the settlements deficit. The Commission, therefore, conditioned its resale policy by requiring U.S. carriers to permit resale of their international private lines only to those countries which afford equivalent resale opportunities. (See Regulation of International Accounting Rates, CC Docket 90—337, Phase II First Report and Order, 7 FCCRed559 (1992)). Subsequently, the Commission stated that the resale of international private lines for the provision of international private line services, as opposed to switched services, does not implicate the settlements process to the extent such lines are used only to carry non—switched traffic that is not subject to the international settlements process, and thus clarified that the equivalency requirement does not apply to the resale of international private lines for private line services. Nonetheless, the Commission confirmed the right of an end user to interconnect its international private line to the PSN through, for example, its own PBX. (See Regulation of International Accounting Rates, CC Docket 90—337, Phase II Order on Reconsideration and Third Further Notice of Proposed Rulemaking (Phase II Third Further Notice), 7 FCCRed 7927 (1992).) FN4. We note that should WilTel obtain any interest in facilities beyond the authorized forty—eight international points for the purpose of providing common carrier services, including private line service, between the U.S. and other international points, such action would constitute an extension of line under Section 214 of the Act. Therefore, under the provisions of the Commission‘s International Competitive Carrier Policies, 102 FCC2d 812 (1985), recon. denied 60 R.R.2d 1435 (1986), it would be necessary for WilTel to file additional applications for a certificate of public convenience and necessity under Section 214 to begin service to each additional country and for authority to acquire http://web2.westlaw.com/result/documenttext.aspx?rltdb=CLID_DB1339132411&docsa... 11/24/2006

9 F.C.CR. 1287 Page 3 of 4 any facilities needed to provide service to such additional points. FNS. WilTel will either lease the private lines pursuant to the identified tariffs or contract with the following carriers: AT & T Tariff FCC No. 9, IDB/WorlCom FCC Tariff No. 1, MCI/WUI FCC Tariff No. 27, Pacific Gateway Exchange FCCTariff No. 2, U.S. Sprint Communications Co. FCC Tariff No. 7. See Letter, dated February 23, 1994;, from John Gammie, Attorney, Wiltel International, Inc. to Jennifer Warren, International Facilities Division, Common Carrier Bureau. FN6. See Competition in the Interstate Interexchange Marketplace, 6 FCCRed 5880, 5902 (1991) (Interexchange Order). **1289 APPENDIX A Country DS—0 Circuits Argentina U Australia W Bahamas w Belgium un Brazil o Canada to D Chile N China M Columbia ND OA Costa Rica Denmark JA M Dominican Republic Ecuador D Eqgypt D El Salvador w France w o Germany o 0 Greece wus Guatemala Haiti ~B Hong Kong India U Indonesia 1 Ireland QuB Israel Italy H J Jamaica BP W Japan M o Korea Mexico \ o Netherlands o ® New Zealand Pakistan W Panama w u Peru Philippines w Poland w Saudi Arabia B W Singapore w Spain o Sweden o Switzerland 11— n Taiwan O Thailand w http://web2.westlaw.com/result/documenttext.aspx?rltdb=CLID_DB1339132411&docsa... 11/24/2006

9 FEC.C.R. 1287 Page 4 of 4 Trinidad 3 Turkey 2 United Kingdom 101 Venezuela 5 FCC 1994 WL 70159 (F.C.C.), 9 F.C.C.R. 1287, 9 FCC Red. 1287 END OF DOCUMENT © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://web2. westlaw.com/result/documenttext.aspx ?rltdb=CLID_DB1339132411&docsa... 11/24/2006


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