Attachment DA 98-964.pdf

DA 98-964.pdf

PUBLIC NOTICE submitted by FCC

DA 98-964

1998-05-21

This document pretains to ITC-T/C-19980406-00232 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC1998040600232_817099

file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt **** PUBLIC NOTICE **** Report# : I-8307 Released On : May 21,1998 OVERSEAS COMMON CARRIER SECTION 214 APPLICATIONS 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, 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 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. ITC-98-276 SWISSCOM NORTH AMERICA, INC effective : 5/20/98 Limited Global Facilities-Based/Limited Global Resale Services 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 file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt (1 of 8) [5/13/2010 6:03:13 PM]

file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt 63.18(e)(2) of the rules between the U.S. and Germany, India and Malaysia. ITC-98-275 BUSINESSNET TELECOM, INC. effective : 5/20/98 Global Facilities-based/Global Resale Services 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-98-274 AMERICAN DIGITAL NETWORKS, INC. D/B/A ADN effective : 5/20/98 Global Resale Services Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-273 P V TEL, LLC effective : 5/20/98 Global Resale Services Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-272 TELENERGY, INC effective : 5/20/98 Global Resale Services Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-271-TC QWEST COMMUNICATIONS INTERNATIONAL INC. effective : 5/20/98 Transfer of Control Application for authority to Transfer Control of LCI International Telecom Corp. (LCIT) and USLD Communications, Inc. (USLDI) from file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt (2 of 8) [5/13/2010 6:03:13 PM]

file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt the current shareholder of LCI International, Inc. (LCII) to Qwest. ITC-98-270 KOKURYO TELECOM effective : 5/20/98 Global Facilities-based/Global Resale Services 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-98-269 ITXC DATA TRANSPORT SERVICES LLC effective : 5/20/98 Global Facilities-based/Global Resale Services 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-98-268 ACKLEY CARIBBEAN ENTERPRISES, INC. effective : 5/20/98 Global Facilities-based/Global Resale Services 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-98-267 TEXAS 7054, INC. effective : 5/20/98 Global Facilities-based/Global Resale Services Application for authority to operate as facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt (3 of 8) [5/13/2010 6:03:13 PM]

file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-98-266 INTERNET NETWORK SERVICES effective : 5/20/98 Global Facilities-based/Global Resale Services 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-98-264 RURAL CELLULAR CORPORATION (AND ITS SUBSIDIARIES) effective : 5/20/98 Global Resale Services Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. RCC Licenses, Inc., MRCC, Inc., RCC Atlantic, Inc. and RCC Atlantic Long Distance, Inc. 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 Participation 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 Participation Order. Carriers are advised to review the new rules, which became effective February 9, 1998. These rules are contained in Appendix C to the Foreign Participation Order and are published in the Federal Register. The Foreign Participation Order is also available as a text file at file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt (4 of 8) [5/13/2010 6:03:13 PM]

file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt http://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 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, 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 concerning current restrictions, call the Office of Foreign Assets Control, U.S. Department of the Treasury, (202) 622-2520. 3)Carriers shall comply with the requirements of Section 63.11 of file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt (5 of 8) [5/13/2010 6:03:13 PM]

file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt the Commission'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. 4)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 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 interconnecting 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 otherwise, shall file annually with the Chief, International Bureau, a certified statement 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) 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 file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt (6 of 8) [5/13/2010 6:03:13 PM]

file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt 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 applications 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 particular 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 exception 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 following countries: Sweden, Canada, New Zealand, the United Kingdom, Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany and Belgium . 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. file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt (7 of 8) [5/13/2010 6:03:13 PM]

file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt 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,The Netherlands, Luxembourg, Norway, Denmark, France, Germany and Belgium. 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. ˜˜˜˜˜˜˜˜˜ file:///N|/My%20Documents/Upload%20into%20IBFS/DA%2098-964.txt (8 of 8) [5/13/2010 6:03:13 PM]


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Document Modified: 2010-05-13 18:03:25
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