Attachment Associated PN grant.

Associated PN grant.

PUBLIC NOTICE submitted by FCC

Action Taken PN

1996-04-18

This document pretains to ITC-214-19960209-00017 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141996020900017_845177

                           ; PUBLIC NOTICE
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                                       FEDERAL COMMUNICATIONS COMMISSION
                                       1919 M STREET N.W.
                       *               WASHINGTON, D.C. 20554
                                        News madis information 202 418—0500. Recorded listung of releases and texts 202 418—2222


                                                                                                    DA 96—606

REPORT # i— 8169                                                                                                      18 Aprit 1996

                                      OVERSEAS COMMON CARRIER SECTION 214 APPLICATION
                                                     ACTIONS TAKEN
                                                 (Formal Section 63.01)


The following applications for international section 214 certification have been granted
effective April 12, 1996 pursusant to the Commission‘s streamiined processing procedures
set forth in Section 63.12 of the Commission‘s Rules, 47 C.F.R. (All are resale of public
switched service}.

ITC File No.                                Applicant

ITC—96—1 16                                  SmarTalk TeleServices, Inc.
ITC—86—1 17                                  Southwest Intelecom, Inc. dba Intelcom, Inc.
ITC—96—118                                   Least Cost Routing, Inc. dba Long Distance Charges
1TC—96—1 19                                  Electronic Information Systems, l.1.c.

The following applications for international section 214 certification have been granted
effective April 15, 1996 pursusant to the Commission‘s strearnlined processing procedures
set forth in Section 63.12 of the Commission‘s Rules, 47 C.F.R. {All are resale of public
switched service).

ITC File No.                                Applicant

1TC—96—1 20                                 Tele—E—Star Communications Systems, Inc.
ITC—96—121                                  Gridley Communications, Inc.
ITC—96—1 22                                 OPCOM, Inc.
1TC—96—1 23                                 Associated Network Partners, Inc.
ITC—96—1 24                                 Brookside Telephone Company, dba Ling Telecom, Inc.
1TC—96—126                                  BEV—R Enterprises, Inc. dba Touch Tone Communications
ITC—96—127                                  Central Wisconsin Communications, Inc. dba WCTC All Distance
1TC—96—1 28                                 LaHarpe Networks Company, Inc.
1TC—96—129                                  Century Enterprises, Inc.
17TC—96—1 30                                American Telemedia, Inc.
1TC—96—131                                   North American Telephone Network, Inc.

The applicants listed above are authorized to provide international switched services by
reselling the international switched services of other carriers as listed in their application and
only in accordance with all rules, regulations and policies of the Commission.


Applicants shall file annual reports of circuit additions in accordance with the
requirements set forth in Rules for Filing of International Circuit Status Reports,, CC
Docket No. 93—157, Report and Order, 10 FCC Red 8605 (1995). Applicants also
shall file with the Commission a copy of any operating agreement entered into with
their foreign correspondents within thirty (30) days of its execution, and shall other—
wise comply with the filing requirements contained in Section 43.51 of the Com—
mission‘s Rules. in addition, those applicants reselling international private lines shall
file all arrangements for private line interconnection to the United States public
switched network pursuant to this section.

Those applicants reselling international private lines for the provision of mnon—inter—
connected private line service are limited to the provision of such private line service
only between the United States and those points listed in their application — — that is,
private lines which originate in the United States and terminate in one of the points
listed in their application, or which originate in one of the points listed in their
application and terminate in the United States. In addition, applicants may not — — and
the applicants‘ tariffs must state that the applicants‘ customers may not—— connect
private lines provided over these facilities to the public switched network at either the
U.S. or foreign end, or both, for the provision of international switched basic
services, unless authorized to do so by the Commission upon a finding that the foreign
administration affords resale opportunities equivalent to those available under U.S.
law, in accordance with Regulation of International Accounting Rates,Phase II, First
Report and Order, 7 FCC Red 559 (1991), Order on Reconsideration and Third Further
Notice of Proposed Rulemaking, 7 FCC Red 7927 (1992), petition for reconsideration
pending.

In addition, applicants authorized to resell international private lines for the provision
of switched services between the United States and Canada or Sweden or the United
Kingdom are limited to the provision of such services between the United States and
Canada or Sweden or the United Kingdom —— that is, private lines which carry traffic
that originates in the United States, and terminates in Canada or Sweden or the United
Kingdom, or traffic that originates in Canada or Sweden or the United Kingdom, that
terminates in the United States. This restriction is subject to the following exceptions:
(a) the applicants may engage in "switched hubbing" consistent with the rules adopted
in Market Entry and Regulation of Foreign—affiliated Entities, FCC 95—475, released
November 30, 1995, paras. 169—70, and (b) applicants may provide U.S. inbound or
outbound switched basic service via their authorized resold private lines extending
between the United States, the United Kingdom and Sweden.

Grant of applications to resell international private lines for the provision of switched
services and interconnected private line services between the United States and
Canada, Sweden and/or the United Kingdom is conditioned upon Canada, Sweden
and/or the United Kingdom continuing to afford resale opportunities equivalent to
those available under U.S. law. in addition, all such non—dominant private line


x7




     resellers are required to file with the Commission on a semi—annual            basis the
     information contained in the annual traffic reports required by Section 43.61 of the
     Commission‘s Rules.     This reporting requirement applies to traffic carried through
     December 1995 for Canada, December 1997 for the United Kingdom, and
     December 1999 for Sweden. See FONOROLA/EMI, Order on Reconsideration,9 FCC
     Roed 4066, 4070 (1994); ACC Global Corp., 9 FCC Red 6240 (1994); and Cable &
      Wilreless, Inc. et al, DA 96—17, released January 16, 1996. These semi—annual
     reports shall be filed with the Commission not later than September 30 for the first
     six—month calendar period, and March 31 for the second six—month calendar period.
     This policy does not affect the requirement that dominant international private line
     resellers are required to file with the Commission quarterly traffic reports.

     Further, applicants authorized to provide international communications service shall
     be prohibited from agreeing to accept special concessions directly or indirectly from
     any foreign carrier or administration with respect to traffic or revenue flows between
     the United States and any foreign country and from agreeing to enter into such
     agreements in the future. A special concession is defined as any arrangement that
     affects traffic or revenue flows to or from the U.S. that is offered exclusively by a
     foreign carrier or administration to a particular U.S. international carrier and not also
     to similarly situated U.S. international carriers authorized to serve a particular route.

     All of the applicants listed in this public notice shall file a tariff pursuant to Section
     203 of the Communications Act of 1934, as amended, 47 U.S.C. Section 203, and
     Part 61 of the Commission‘s Rules, 47 C.F.R. Part 61, for the services requested in
     their application.   The applicants shall file the annual reports of overseas tele—
     communications traffic required by Section 43.61. Further, the grant of these
     applications shall not be construed to include authorization for the transmission of
     money in connection with the services the applicants have been given authority to
     provide. The transmission of money is not considered to be a common carrier service.

     If any applicant is reselling service obtained pursuant to a contract with another
     carrier, that contract or a contract summary shall be filed publicly by the underlying
     carrier in accordance with Section 203 of the Communications Act, 47 W.S.C. §203,
     and Competition in the Interstate Interexchange Marketplace, 6 FCC Red 5880, 5902
     (1991).     in addition, 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.

     To the extent that any of the above—listed U.S. carriers intend to provide international
     call—back services through the use of uncompleted call signaling, their authorization
     to resell international switched voice and/or data services to provide these services is
     expressly subject to the conditions listed in VIA USA Ltd., et. al., 9 FCC Red 2288
     (1994), affirmed in Order on Reconsideration, 10 FCC Red 9540 (1995).


Petitions for reconsideration under Section 1.106 or applications for review under
Section 1.115 of the Commission‘s Rules in regard to the grant of any of these
applications may be filed within 30 days of this public notice (see Section 1.4 (b) (2)).

For additional information concerning this matter, please contact the International
Bureau Public Reference Center at (202) 418—1492 or (202) 418—1493.



Document Created: 2010-10-13 14:01:46
Document Modified: 2010-10-13 14:01:46

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