Attachment DA 96-1410.pdf

DA 96-1410.pdf

PUBLIC NOTICE submitted by FCC

DA 96-1410

1996-08-22

This document pretains to ITC-214-19960610-00241 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141996061000241_865262

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. 64764 WASHINGTON, D.C. 20554___________________________ News media information 202/418-0500. Recorded listing of releases and texts 202/418-2222. DA 96-1410 REPORT #1-8197 22 August 1996 OVERSEAS COMMON CARRIER SECTION 214 APPLICATION ACTIONS TAKEN The following applications for international section 214 certification have been granted pursuant to the Commission's streamlined processing procedures set forth in Section 63.12 of the Commission's Rules, 47C.F.R. §63.12. Unless otherwise noted, these authorizations grant the referenced applicants (1) global or limited global facilities-based authority; and/or (2) global or limited global resale authority. The general terms and conditions of such global authority are set forth in Section 63.18(e)(1) & (2) of the Commission's rules, 47 C.F.R. § 63.18(e}(1) & (2). These authorizations also are subject to all other applicable Commission rules and policies. This Public Notice serves as each referenced carrier's Section 214 authorization. It contains general and specific conditions which are set forth below. Effective August 19, 1996 ITC File No. Applicant and Service ITC-96-307 GST Telecom, Inc. (Global Facilities-Based) ITC-96-320 Telstra, Inc. (Resale Interconnected Private Line to United Kingdom, Canada and Sweden) ITC-96-350 *Cable & Wireless, Inc. (Individual Facilities-Based) ITC-96-365 Telecommunications Premium Services, Inc. (Global Resale) ITC-96-366 Etex Cellular Co., Inc. d/b/a Etex Long Distance (Global Resale) ITC-96-367 North State Telephone Long Distance Company (Global Resale) ITC-96-368 World Wide Telecommunications, Inc. (Global Resale) ITC-96-369 FaxNet Corporation (Global Resale) ITC-96-374 Primus Telecommunications, Inc. (Global Facilities-Based/Global Resale) * Specific conditions and limitations of grant are set forth in Appendix A. Carriers should review carefully the general terms and conditions of their authorizations. These are set forth in detail below and in Section 63.18(e)(1) & (2) of the rules. Failure to comply with general or specific terms and conditions of the referenced authorizations, or with other relevant Commission rules and policies, could result in fines and forfeitures. 9985

APPENDIX A The authority granted in File No. ITC-96-350 to Cable & Wireless, Inc. (CWI) is limited to the provision of facilities-based services and resold non-interconnected private line services between the United States and all international points: (1) which are not listed on the Commission's exclusion list; and (2) where CWI has certified it does not have an affiliation with a foreign carrier within the meaning of Section 63.18(h)(1)(i)(A) and (B) of the Commission's rules, 47 C.F.R. Section 63.18(h)(1)(i)(A) and (B). Accordingly, CWI shall not route U.S. originating or terminating traffic to or from those countries listed in the Commission's exclusion list, or those countries listed below for which CWI has certified it has an affiliation with a foreign carrier, absent a grant of specific authorization under Section 214 of the Communications Act, as amended, 47 U.S.C. 214. COUNTRIES IN WHICH CABLE & WIRELESS PLC POSSESSES 25% OR GREATER COMMON DIRECT OR INDIRECT OWNERSHIP IN A CARRIER Anguilla Maldives Antigua Montserrat Ascension Island Netherlands Barbados Pakistan Belarus Philippines Belgium Portugal Bermuda Russia British Virgin Islands Seychells Bulgaria Solomon Islands Cayman Islands Spain China St. Helena Diego Garcia St. Kitts & Nevis Dominica St. Lucia Falkland Islands St. Vincent Fiji Sweden France Switzerland Germany Thailand Grenada Tonga Hong Kong Trinidad & Tobago Indonesia Turks & Caicos Ireland United Kingdom Italy Vanuatu Jamaica Yemen Latvia 9986

GENERAL CONDITIONS OF AUTHORIZATION (1) These authorizations are subject to the International Bureau's Exclusion List that identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is attached to this Public Notice. The list applies to all U.S. international carriers, including those that have previously received global or limited global Section 214 authority, whether by streamlined grant or specific written order. Carriers are advised that the attached Exclusion List is subject to amendment at any time pursuant to the procedures set forth in Streamlining the International Section 214 Authorization Process and Tariff Requirements. IB Docket No. 95-118, FCC 96-79, released March 13, 1996, para. 18. A copy of the most current Exclusion List will be maintained in the International Bureau's Reference Center and will be available as a WordPerfect document at http://www.fcc.gov/Bureaus/lnternational/Orders/index.da961205. wp. It also will be attached to each Public Notice that grants international Section 214 authority. (2) The export of telecommunications services and related payments to countries that are subject to economic sanctions may be restricted. For information concerning current restrictions, call the Office of Foreign Assets Control, U.S. Department of the Treasury, (202) 622-2520. (3) In circumstances where the authorized carrier becomes affiliated with a foreign carrier within the meaning of Section 63.18(h)(1)(i)(A) of the rules, the authorized carrier must notify the Commission of such affiliation within thirty (30) days of the acquisition of the affiliation, in accordance with Section 63.11(a) of the rules. The carrier will be subject to possible reclassification as a dominant carrier on an affiliated route pursuant to the provisions of Section 63.10 of the rules. (4) Section 63.11 (b) of the rules requires that authorized carriers that know of a planned investment by a foreign carrier of a ten (10) percent or greater interest, whether direct or indirect, in the capital stock of the authorized carrier shall notify the Commission within sixty (60) days prior to the acquisition of such interest. Carriers should calculate such ten percent ownership interests in the same manner as affiliations are calculated under the first clause of Section 63.18(h)(1)(i)(B), substituting "ten percent" for the "greater than 25 percent" ownership interest specified in that clause. That is, carriers should report: "A 10 percent ownership of capital stock, or controlling interest at any level, in the applicant by a foreign carrier, or by any entity that directly or indirectly controls or is controlled by a foreign carrier, or that is under direct or indirect common control with a foreign carrier." (5) Carriers shall file with the Commission a copy of all operating agreements entered into with their foreign correspondents and all amendments within thirty (30) days of their execution, and shall otherwise comply with the filing requirements 9987

contained in Section 43.51 of the Commission's Rules, 47 C.F.R. §43.51 (1994). In addition, any carrier interconnecting private lines to the U.S public switched network at the carrier's central office shall file all intercarrier agreements for such private line interconnection pursuant to Section 43.51. (6) Carriers authorized to provide private line service either on a facilities or resale basis are limited to the provision of such private line service only between the United States and those foreign points covered by their referenced applications for Section 214 authority. In addition, the carriers may not - - and their tariffs must state that their customers may not - - connect private lines 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 upon a finding by the Commission that the foreign administration affords resale opportunities equivalent to those available under U.S. law. See 47 C.F.R. §63.18(e)(2)(ii)(B) & (e)(3)-(4). This restriction on interconnection is subject to an exception for facilities-based private lines as set forth in 47 C.F.R. § 63.18 (e)(4)(ii). See generally Market Entry and Regulation of Foreign-Affiliated Entities. 11 FCC Red. 3873 (1995), paras. 136-138; 157-161. See also 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), Third Report and Order and Order on Reconsideration. FCC 96-160, released May 20, 1996. (7) In addition, carriers authorized to provide switched services via facilities-based or resold international private lines between the United States and Sweden, Canada or the United Kingdom are limited to the provision of such services between the United States and Sweden, Canada or the United Kingdom -- that is, private lines which carry traffic that originates in the United States and terminates in Sweden, Canada or the United Kingdom, or traffic that originates in Sweden, Canada or the United Kingdom and terminates in the United States. This restriction is subject to the following exceptions: (a) the carriers may engage in "switched hubbing" consistent with Section 63.17(b) of the rules, adopted in Market Entry and Regulation of Foreign- affiliated Entities. 11 FCC Red 3873 (1995), paras. 169-70, and (b) carriers may provide U.S. inbound or outbound switched basic service via their authorized private lines extending between the United States, Sweden and the United Kingdom. (8) Authorization to provide switched services, via facilities-based or resold international private lines between the United States and Sweden, Canada and/or the United Kingdom is conditioned upon Sweden, Canada, and/or the United Kingdom continuing to afford resale opportunities equivalent to those available under U.S. law. In addition, all non-dominant resellers providing switched services over resold international private lines, including traffic routed through an equivalent country via "switched hubbing," 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 9988

December 1995 for Canada; December 1997 for the United Kingdom; and December 1999 for Sweden. See FONOROLA/EMI, Order on Reconsideration. 9 FCC Red 4066, 4070 (1994); ACC Global Corp.. 9 FCC Red 6240 (1994); and Cable & Wireless. Inc. et al. 11 FCC Red 1766 (1996). See also Foreign Carrier Entry Order at para. 170. 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 reporting period. This policy does not affect the requirement that carriers regulated as dominant pursuant to Sec. 63.10 of the rules are required to file with the Commission quarterly traffic reports. (9) Further, carriers 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. (10) 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. (11) The carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61. (12) Carriers shall file annual reports of circuit status and/or 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). See 47 C.F.R. §§ 43.82 & 63.15(b). These requirements apply to facilities-based carriers and private line resellers, respectively. (13) Carriers should consult Sec. 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. 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. (14) If any carrier 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 U.S.C. § 203, and Competition in the Interstate Interexchanqe Marketplace, 6 FCC Red 5880, 5902 (1991). In addition, the services obtained by contract shall be made generally 9989

available by the underlying carrier to similarly situated customers at the same terms, conditions and rates. (15) To the extent that any of the above-listed applicants intends to provide international call-back services through the use of uncompleted call signaling, its 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 thirty (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. 9990

International Section 214 Authorizations - Exclusion List as of July 26, 1996 -- The following is a list of countries and facilities not covered by grant of global Section 214 authority under Section 63.18(e)(1) of the Commission's Rules. 47 C.F.R. 63.18(e)(1). In addition, the facilities listed shall not be used by U.S. carriers authorized under Section 63.01 of the Commission's Rules, unless the carrier's Section 214 authorization specifically lists the facility. Carriers desiring to serve countries or use facilities listed as excluded hereon shall file a separate Section 214 application pursuant to Section 63.18(e)(6) of the Commission's Rules. Countries Cuba (applications for service to this country shall comply with the separate filing requirements of the Commission's Public Notice Report No. 1-6831, dated July 27, 1993, "FCC to Accept Applications for Service to Cuba.") Facilities CANUS-1 Cable System All non-U.S. licensed Cable and Satellite Systems Except: Foreign Cable Systems Aden-Djibouti ECFS ARC EMOS-1 APCN EURAFRICA APHRODITE 2 Germany-Denmark 1 ARIANNE 2 Germany-Sweden No. 4 ASEAN Germany-Sweden No. 5 B-M-P H-J-K Brunei-Singapore HONTAI-2 CADMOS ITUR CANTAT-3 KATTEGAT-1 CARAC Kuantan-Kota Kinabalu CELTIC LATVIA-SWEDEN China-Japan Malaysia-Thailand CIOS Marseille/Palermo Link Denmark-Russia 1 MAT-2 9991

ODIN PENCAN-5 R-J-K RIOJA SAT-2 SEA-ME-WE 2 SEA-ME-WE 3 T-V-H TAGIDE 2 TASMAN 2 UGARIT UK-BEL 6 UK-Denmark 4 UK-Germany 5 UK-Netherlands 12 UK-Netherlands 14 UK-Spain 4 UNISUR This list is subject to change by the Commission when the public interest requires. Before amending the list, the Commission will first issue a public notice giving affected parties the opportunity for comment and hearing on the proposed changes. The Commission will then release an order amending the exclusion list. This list also is subject to change upon issuance of an Executive Order. See Streamlining the Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118 FCC 96-79, released March 13, 1996. For additional information, contact the International Bureau's Telecommunications Division, Policy & Facilities Branch, (202) 418-1460. 9992


Document Created: 2019-04-22 00:05:02
Document Modified: 2019-04-22 00:05:02
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC