Attachment DA 98-728

DA 98-728

PUBLIC NOTICE submitted by FCC

DA 98-728

1998-04-16

This document pretains to ITC-T/C-19980402-00223 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC1998040200223_679911

1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 (Cite as: 1998 WL 174887 (F.C.C.)) Federal Communications Commission (F.C.C.) Public Notice *1 OVERSEAS COMMON CARRIER SECTION 214 APPLICATIONS ACTIONS TAKEN Report No.: I-8298 DA 98-728 April 16, 1998 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, 47 C.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 au- thority. 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 Sec- tion 214 authorization. It contains general and specific conditions which are set forth below. ITC-98-192 Global Facilities-based/Global Resale Services STARWAYS TELECOMMUNICATIONS, INC. effective: 4/15/98 Application for authority to operate as facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-191 Global Facilities-based/Global Resale Services TELENOR GLOBAL SERVICES AS effective: 4/15/98 Application for authority to operate as facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. Applicant certifies that it will comply with the Commission's recently adopted dominant carrier regulations on the United States-Norway route. ITC-98-190 Global Facilities-based/Global Resale Services VERTEX GROUP, INC. effective: 4/15/98 Application for authority to operate as facilities-based carrier in accordance © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.

1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 (Cite as: 1998 WL 174887 (F.C.C.)) with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-189 Global Facilities-based/Global Resale Services PETROLEUM COMMUNICATIONS, INC. effective: 4/15/98 Application for authority to operate as facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-188 Global Facilities-based/Global Resale Services COOPERATIVE COMMUNICATIONS, INC. effective: 4/15/98 Application for authority to operate as facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-187 Global Resale Services PRIMECALL COMMUNICATIONS, INC. effective: 4/15/98 Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-186 Global Resale Services FIBERTEL, INC. effective: 4/15/98 Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC 98-185 Global Resale Services REAL NAVIGATION SYSTEMS CORP. D/B/A REAL TELEPHONE effective: 4/15/98 COMPANY Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. *2 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. The Commission recently amended its Part 43 and Part 63 rules that apply to U.S. international carriers in IB Docket No. 97-142, Rules and Policies on Foreign Par- ticipation in the U.S. Telecommunications Market, FCC 97-398, rel. Nov. 26, 1997, 62 Fed. Reg. 64,741 (Dec. 9, 1997); 63 Fed. Reg. 5743 (Feb. 4, 1998) (Foreign Par- ticipation Order). Carriers are advised to review the new rules, which became ef- fective February 9, 1998. These rules are contained in Appendix C to the Foreign Participation Order and are published in the Federal Register. The Foreign Parti- cipation Order is also available as a text file at ht- © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.

1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 (Cite as: 1998 WL 174887 (F.C.C.)) tp://www.fcc.gov/Bureaus/International/Orders/fcc97398.txt. It is available as a WordPerfect document at http:// www.fcc.gov/Bureaus/International/Orders/fcc97398.zip. 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 author- ity, 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 Authoriza- tion Process and Tariff Requirements, IB Docket No. 95-118, 11 FCC Rcd 12884 (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 at http:// www.fcc.gov/ib/td/pf/exclusionlist.html. 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 con- cerning current restrictions, call the Office of Foreign Assets Control, U.S. De- partment of the Treasury, (202) 622-2520. (3) Carriers shall comply with the requirements of Section 63.11 of the Commis- sion's rules, which requires notification by, and in certain circumstances prior approval for, U.S. carriers acquiring an affiliation with foreign carriers. A carrier that acquires an affiliation with a foreign 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. *3 (4) Carriers shall file with the Commission a copy of all operating agree- ments entered into with their foreign correspondents and all amendments within thirty (30) days of their execution, and shall otherwise comply with the filing requirements contained in Sections 43.51, 64.1001 and 64.1002 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001, 64.1002. In addition, any carrier intercon- necting private lines to the U.S. public switched network at its switch, including any switch in which the carrier obtains capacity either through lease or other- wise, shall file annually with the Chief, International Bureau, a certified state- ment containing, on a country-specific basis, the number and type (e.g., 64 kbps circuits) of private lines interconnected in such manner. The Commission will treat the country of origin information as confidential. Carriers need not file their contracts for interconnection unless the Commission specifically requests. Carriers shall file their annual report on February 1 (covering international private lines interconnected during the preceding January 1 to December 31 period) © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.

1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 (Cite as: 1998 WL 174887 (F.C.C.)) of each year. International private lines to countries for which the Commission has authorized the provision of switched basic services over private lines at any time during a particular reporting period are exempt from this requirement. See 47 C.F.R. § 43.51(d). (5) 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 ap- plications for Section 214 authority. In addition, the carriers may not -- and their tariffs must state that their customers may not -- connect their 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 the Commission has authorized the provision of switched services over private lines to the par- ticular country at the foreign end of the private line. See 47 C.F.R. § 63.18(e)(2)(ii)(C), (e)(3)-(4); § 63.21(a). This restriction is subject to an ex- ception for facilities-based private lines as set forth in 47 C.F.R. § 63.18(e)(4)(ii)(B). See generally International Settlement Rates, IB Docket No. 96-261, Report and Order, FCC-97-280 (rel. Aug. 18, 1997), paragraphs 242-259. (6) The Commission has authorized the provision of switched basic services via facilities-based or resold private lines between the United States and the follow- ing countries: Sweden, Canada, New Zealand, the United Kingdom, Australia and The Netherlands. *4 (7) Carriers may engage in "switched hubbing" to countries for which the Commission has not authorized the provision of switched basic services over private lines consistent with Section 63.17(b) of the rules. (8) Carriers may provide U.S. inbound or outbound switched basic service via their authorized private lines extending between or among the United States, Sweden, New Zealand, the United Kingdom, Australia and The Netherlands. (9) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (10) Carriers 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 their authorized services. (11) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). Carriers shall also file the quarterly re- ports required by Section 43.61 in the circumstances specified in paragraphs (b) and (c) of that Section. (12) Carriers shall file annual reports of circuit status and/or circuit addi- tions in accordance with the requirements set forth in Rules for Filing of Inter- national Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.

1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 (Cite as: 1998 WL 174887 (F.C.C.)) Rcd 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 dis- continuance, reduction or impairment of service. Further, the grant of these ap- plications 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 ser- vice. (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 Interexchange Marketplace, 6 FCC Rcd 5880, 5902 (1991). In addition, the services obtained by contract shall be made generally available by the underlying carrier to similarly situated cus- tomers 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 Rcd 2288 (1994), on recon., 10 FCC Rcd 9540 (1995). *5 (16) To the extent the applicant is, or is affiliated with, an incumbent in- dependent local exchange carrier, as those terms are defined in Section 64.1902 of the rules, it shall provide the authorized services in compliance with the re- quirements of Section 64.1903. See Regulatory Treatment of LEC Provision of In- terexchange Services Originating in the LEC's Local Exchange Area and Policy and Rules Concerning the Interstate, Interexchange Marketplace, Second Report and Or- der in CC Docket No. 96-149 and Third Report and Order in CC Docket No. 96-61, FCC 97-142 (released April 18, 1997), recon., 12 FCC Rcd 8730. (17) Any carrier authorized here to provide facilities-based service between the United States and markets served by a foreign carrier with which it has an af- filiation may provide U.S. facilities-based service between the United States and such market only if the affiliated foreign carrier has negotiated a settlement rate for its settled traffic with U.S. international carriers that is in effect and is at or below the relevant benchmark settlement rate adopted in International Settlement Rates, IB Docket No. 96-261, Report and Order, FCC 97-280 (rel. Aug. 18, 1997) (Benchmarks Order). See also Benchmarks Order at paragraphs 224-227. For the purposes of this condition, "affiliation" and "foreign carrier" are defined in Section 63.18(h)(1)(i) and (ii), respectively. Petitions for reconsideration under Section 1.106 or applications for review un- der Section 1.115 of the Commission's Rules in regard to the grant of any of these © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.

1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 (Cite as: 1998 WL 174887 (F.C.C.)) applications may be filed within thirty (30) days of this public notice (see Sec- tion 1.4(b)(2)). For additional information concerning this matter, please contact the Interna- tional Bureau Public Reference Center at (202) 418-1492 or (202) 418- 1493. Exclusion List for International Section 214 Authorizations -- Last Amended October 22, 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 de- siring 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 Commis- sion'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. I-6831, dated Ju- ly 27, 1993, "FCC to Accept Applications for Service to Cuba.") Facilities *6 All non-U.S. licensed cable and satellite systems except the following for- eign cable systems: Aden-Djibouti APC APCN APHRODITE 2 ARIANNE 2 ASEAN B-M-P Brunei-Singapore CADMOS CANTAT-3 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.

1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 (Cite as: 1998 WL 174887 (F.C.C.)) CARAC CELTIC China-Japan CIOS Denmark-Russia 1 ECFS EMOS-1 EURAFRICA Germany-Denmark 1 Germany-Sweden No. 4 Germany-Sweden No. 5 H-J-K HONTAI-2 ITUR KATTEGAT-1 Kuantan-Kota Kinabalu LATVIA-SWEDEN Malaysia-Thailand Marseille/Palermo Link MAT-2 ODIN PENCAN-5 R-J-K RIOJA SAT-2 SEA-ME-WE 2 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.

1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 (Cite as: 1998 WL 174887 (F.C.C.)) 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 re- quires. 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, 11 FCC Rcd. 12884. For additional information, contact the International Bureau's Telecommunica- tions Division, Policy & Facilities Branch, (202) 418-1460. Additions Pro Forma Transfer of Control/Assignment of License ---------------------------------------------------------------- ITC-98-265-TC OnePoint Communications, LLC Granted 04/10/98 ITC-98-277-TC Telecom New Zealand USA Limited Granted 04/15/98 Telecom New Zealand Limited 1998 WL 174887 (F.C.C.), 13 F.C.C.R. 7386, 13 FCC Rcd. 7386 END OF DOCUMENT © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.


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