Public Notice TEL01631

International Telecommunications

Action Taken Public Notice

2013-08-22

FCC.report > IB > Public Notices > TEL01631

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PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 13-1791 Report No. TEL-01631 Thursday August 22, 2013 International Authorizations Granted Section 214 Applications (47 C.F.R. § 63.18); Section 310(b)(4) Requests The following applications 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, other provisions of the Commission’s rules, or procedures set forth in an earlier public notice listing applications accepted for filing. Unless otherwise noted, these grants authorize the applicants (1) to become a facilities-based international common carrier subject to 47 C.F.R. § 63.22; and/or (2) to become a resale-based international common carrier subject to 47 C.F.R. § 63.23; or (3) to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b)(4). THIS PUBLIC NOTICE SERVES AS EACH NEWLY AUTHORIZED CARRIER'S SECTION 214 CERTIFICATE. It contains general and specific conditions, which are set forth below. Newly authorized carriers should carefully review the terms and conditions of their authorizations. Failure to comply with general or specific conditions of an authorization, or with other relevant Commission rules and policies, could result in fines and forfeitures. 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 days of this public notice (see Section 1.4(b)(2)). An updated version of Sections 63.09–.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. For additional information, please contact the FCC Reference and Information Center, Room CY-A257, 445 12th Street SW, Washington, D.C. 20554, (202) 418-0270. ITC-214-20120709-00176 E Moontius LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 07/26/2013 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on July 22, 2013, by the Department of Justice (DOJ). Accordingly, we condition grant of this application on Moontius LLC abiding by the commitments and undertakings set forth in the July 17, 2013 letter of Assurance (LOA) from Seyed Mohammad Sahafi Najafi Nezhad to Acting Assistant Attorney General, National Security Division, DOJ. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-214-20120709-00176 and accessing the "Other Filings related to this application" from the Document Viewing Area. Page 1 of 8

ITC-214-20130702-00181 E Broadband in Hand LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/02/2013 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20130703-00180 E Bluetone Communications, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/02/2013 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20130705-00183 E C3 Teknologies, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/02/2013 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20130709-00182 E LONG LINES WIRELESS LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/16/2013 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20130709-00184 E AMB Global Communication International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/02/2013 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20130710-00185 E Airvoice Wireless, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/02/2013 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20130715-00194 E Flex Networks, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/16/2013 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20130716-00197 E Hannah Mercy Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/16/2013 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). Page 2 of 8

ITC-214-20130716-00198 E Birch Communications of Kentucky, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/16/2013 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20130731-00203 E DBTel Communications LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/16/2013 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-ASG-20130718-00190 E Stahlstown Ldco, Inc. Assignment Grant of Authority Date of Action: 08/16/2013 Current Licensee: South Canaan Telephone Company FROM: South Canaan Telephone Company TO: Stahlstown Ldco, Inc. Application filed for consent to the assignment of international section 214 authorization, ITC-214-20010719-00386, from South Canaan Telephone Company (SCTC) to Stahlstown Ldco, Inc. (SLDI), a wholly owned subsidiary of Laurel Highland Total Communications, Inc. (LHTOC). South Canaan Long Distance Company (SCLD), a wholly-owned subsidiary of SCTC, provides long distance services under SCTC's international section 214 authorization, ITC-214-20010719-00386, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. §63.21(h). Pursuant to the terms of an agreement executed between the parties, LHTOC will first purchase from SCTC and SCLD their customers and all assets related to the provision of international long distance services, including international section 214 authorization, ITC-214-20010719-00386, and will then direct those assets to SLDI. Upon closing, SCTC and SCLD will cease their operations. SLDI will then change its name to South Canaan Long Distance Company. No shareholder owns 10 or greater equity ownership interests in LHTOC. Operational control of LHTOC rests with its Board of directors and its President and Chief Executive Officer. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20130131-00050 E AccessLine Communications Corporation Transfer of Control Grant of Authority Date of Action: 08/20/2013 Current Licensee: AccessLine Communications Corporation FROM: Telanetix, Inc. TO: Intermedia Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19981026-00734, held by AccessLine Communications Corp. (ACC), from its 100% indirect parent, Telanetix, Inc. (Telanetix), to Intermedia Holdings, Inc. (Intermedia). Pursuant to an Agreement and Plan of Merger dated January 18, 2013, Intermedia will acquire control of Telanetix, and indirectly ACC, through an all-cash transaction. The transaction will be accomplished through a merger whereby Sierra Merger Sub Co., an indirect wholly-owned subsidiary of Intermedia, which was created solely for the purposes of this transaction, will be merged with and into Telanetix, with Telanetix emerging as the surviving entity. Concurrently with this proposed transaction, Intermedia's existing shareholders will invest an additional approximately $15 million into the equity of Intermedia. Upon closing, Telanetix and ACC will become indirect, wholly-owned subsidiaries of Intermedia. After consummation, Oak Hill Capital Partners III, L.P. (together with its related fund entities OHCP III), a private equity firm that it's the primary shareholder of Intermedia will remain Intermedia's largest shareholder (87.25%). Oak Hill Capital Management Partners III, L.P. (OHCMP III), a Cayman Islands entity, will hold 2.87% ownership interest in Intermedia. OHCP MGP III, Ltd. (OHCP MGP III) is the ultimate general partner of OHCP III and OHCMP that will hold 90.12% indirect control of ACC. The following seven (7) entities and/or individuals, all U.S. citizens, are voting members of OHCP MGP III with each holding 14.29% interest: The J. Taylor Crandall Revocable Trust; John Fant; Steven B. Gruber; Kevin G. Levy; Denis J. Nayden; Ray Pinson; and Mark Wolfson. The equity in OHCP III and OHCMP III is held by numerous, primarily U.S.-based investors, including individuals, trusts, institutions and business entities, none of which individually owns 10% or more of these two funds. The aggregate non-U.S. investment in these funds is below 15%. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 8

ITC-T/C-20130719-00191 E Telcom Supply Inc. Transfer of Control Grant of Authority Date of Action: 08/16/2013 Current Licensee: Telcom Supply Inc. FROM: Livingston Telephone Company TO: USConnect Holdings, Inc. Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20001026-00630, held by Telcom Supply, Inc. (TSI), a wholly-owned subsidiary of Livingston Telephone Company (LTC), to USConnect Holdings, Inc. (USConnect). Pursuant to the terms of an Agreement and Plan of Merger executed between the parties, USConnect Acquisitions I, Inc., a recently formed wholly-owned subsidiary of USConnect, will merge with and into LTC, with LTC emerging as the surviving entity. Upon closing, LTC and TSI will operate as wholly-owned direct and indirect subsidiaries of USConnect respectively. Upon consummation, the following entities will each own 19.2857% of the preferred stock of USConnect and have a 17.357% voting interest in USConnect: Brazoria Telephone Company, Dickey Rural Telephone Cooperative, Inc., FTC Management Group, Inc., Golden West Telecommunications Cooperative, Inc., and Horry Telephone Cooperative, Inc. In addition, brothers, Leo Staurulakis and Manny Staurulakis, both U.S. citizens, each own one-third of the common stock of USConnect, and jointly own MLStar, LLC, which will own 3.6% of the preferred stock of USConnect. No other individual or entity will hold a ten percent or greater direct or indirect equity or voting interest in USConnect. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20130730-00199 E Cannon Communications Corporation Transfer of Control Grant of Authority Date of Action: 08/21/2013 Current Licensee: Cannon Communications Corporation FROM: Blue Earth Valley Communications Inc TO: Rural Communications Holding Corporation Notification filed July 30, 2013, of the pro forma transfer of control of international section 214 authorization, ITC-214-19970326-00173 (ITC-97-583), held by Cannon Communications Corporation (CCC), from its ultimate parent Blue Earth Valley Communications Inc. (Blue Valley), to Rural Communications Holding Corporation (RCHC), effective July 1, 2013. RCHC, a wholly-owned intermediate subsidiary of Blue Valley, was inserted into the corporate structure between CCC and Blue Valley. ITC-T/C-20130730-00200 E Indianhead Communications Corporation Transfer of Control Grant of Authority Date of Action: 08/21/2013 Current Licensee: Indianhead Communications Corporation FROM: Blue Earth Valley Communications Inc TO: Rural Communications Holding Corporation Notification filed July 30, 2013, of the pro forma transfer of control of international section 214 authorization, ITC-214-19970919-00565 (Old File No. ITC-97-583), held by Indianhead Communications Corporation (ICC), from its ultimate parent Blue Earth Valley Communications Inc. (Blue Valley), to Rural Communications Holding Corporation (RCHC), effective July 1, 2013. RCHC, a wholly-owned intermediate subsidiary of Blue Valley, was inserted into the corporate structure between ICC and Blue Valley. ITC-T/C-20130802-00213 E TelAlaska Long Distance, Inc. Transfer of Control Grant of Authority Date of Action: 08/21/2013 Current Licensee: TelAlaska Long Distance, Inc. FROM: Patrick L Eudy TO: Jane R Eudy Notification filed August 2, 2013 of the pro forma involuntary transfer of control of international section 214 authorization, ITC-214-19960826-00405 (Old File No. ITC-96-473), held by TelAlaska Long Distance (TelAlaska), from Patrick L. Eudy to Jane R. Eudy, the Personal Representative of the Estate of Patrick L. Eudy (Estate), effective June 27, 2013. TelAlaska is wholly owned by American Broadband, LLC (American Broadband). Upon the death of Mr. Eudy, the ownership and control of his 100% stock interest in American Broadband passed to his estate, not to any individual or entity, and Jane R. Eudy was named the Personal Representative of the Estate. Page 4 of 8

ITC-T/C-20130802-00214 E Cameron Communications, LLC Transfer of Control Grant of Authority Date of Action: 08/21/2013 Current Licensee: Cameron Communications, LLC FROM: Patrick L Eudy TO: Jane R Eudy Notification filed August 2, 2013 of the pro forma involuntary transfer of control of international section 214 authorization, ITC-214-20100317-00105, held by Cameron Communications, LLC (Cameron), from Patrick L. Eudy to Jane R. Eudy, the Personal Representative of the Estate of Patrick L. Eudy (Estate), effective June 27, 2013. Cameron is wholly owned by American Broadband, LLC (American Broadband). Upon the death of Mr. Eudy, the ownership and control of his 100% stock interest in American Broadband passed to his estate, not to any individual or entity, and Jane R. Eudy was named the Personal Representative of the Estate. ITC-T/C-20130802-00215 E HunTel CableVision d/b/a HunTel Communications Transfer of Control Grant of Authority Date of Action: 08/21/2013 Current Licensee: HunTel CableVision d/b/a HunTel Communications FROM: Patrick L Eudy TO: Jane R Eudy Notification filed August 2, 2013 of the pro forma involuntary transfer of control of international section 214 authorization, ITC-214-20001025-00632, held by HunTel Cable Vision d/b/a HunTel Communications (HunTel), from Patrick L. Eudy to Jane R. Eudy, the Personal Representative of the Estate of Patrick L. Eudy (Estate), effective June 27, 2013. HunTel is wholly owned by American Broadband, LLC (American Broadband). Upon the death of Mr. Eudy, the ownership and control of his 100% stock interest in American Broadband passed to his estate, not to any individual or entity, and Jane R. Eudy was named the Personal Representative of the Estate. ITC-T/C-20130802-00216 E Holway Long Distance Transfer of Control Grant of Authority Date of Action: 08/21/2013 Current Licensee: Holway Long Distance FROM: Patrick L Eudy TO: Jane R Eudy Notification filed August 2, 2013 of the pro forma involuntary transfer of control of international section 214 authorization, ITC-214-20000627-00399, held by Holway Long Distance (Holway), from Patrick L. Eudy to Jane R. Eudy, the Personal Representative of the Estate of Patrick L. Eudy (Estate), effective June 27, 2013. Holway is wholly owned by American Broadband, LLC (American Broadband). Upon the death of Mr. Eudy, the ownership and control of his 100% stock interest in American Broadband passed to his estate, not to any individual or entity, and Jane R. Eudy was named the Personal Representative of the Estate. ITC-T/C-20130802-00217 E KLM Long Distance Transfer of Control Grant of Authority Date of Action: 08/21/2013 Current Licensee: KLM Long Distance FROM: Patrick L Eudy TO: Jane R Eudy Notification filed August 2, 2013 of the pro forma involuntary transfer of control of international section 214 authorization, ITC-214-20000627-00398, held by KLM Long Distance (KLM), from Patrick L. Eudy to Jane R. Eudy, the Personal Representative of the Estate of Patrick L. Eudy (Estate), effective June 27, 2013. KLM is wholly owned by American Broadband, LLC (American Broadband). Upon the death of Mr. Eudy, the ownership and control of his 100% stock interest in American Broadband passed to his estate, not to any individual or entity, and Jane R. Eudy was named the Personal Representative of the Estate. Page 5 of 8

ITC-T/C-20130802-00218 E AMA Communications, L.L.C. Transfer of Control Grant of Authority Date of Action: 08/21/2013 Current Licensee: AMA Communications, L.L.C. FROM: Patrick L Eudy TO: Jane R Eudy Notification filed August 2, 2013 of the pro forma involuntary transfer of control of international section 214 authorization, ITC-214-19980622-00430 (Old File No. ITC-98-487), held by AMA Communications LLC (AMA), from Patrick L. Eudy to Jane R. Eudy, the Personal Representative of the Estate of Patrick L. Eudy (Estate), effective June 27, 2013. AMA is wholly owned by Dialog Telecom, LLC (Dialog). Upon the death of Mr. Eudy, the ownership and control of his majority stock interest in Dialog (68.63%) passed to his estate, not to any individual or entity, and Jane R. Eudy was named the Personal Representative of the Estate. INFORMATIVE ITC-214-20000927-00570 tw telecom holdings inc. By letter dated August 16, 2013, tw telecom holdings inc. notified the Commission, pursuant to section 63.19 of the Commission's rules, 47 C.F.R. § 63.19, that its wholly-owned subsidiary, tw telecom of kentucky, will be discontinuing the provision of Complete Dynamic ATM service in the Louisville, Kentucky metropolitan area on or after October 4, 2013, to exclude toll services which will continue to be provided as part of other bundled services offered by tw telecom of kentucky. ITC-214-20120227-00062 Manoa Communication Systems, LLC. By letter dated August 3, 2013, Applicant notified the Commission that Manoa Communication Systems LLC will be discontinuing its international calling card service as of September 5, 2013. Page 6 of 8

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 214 Authorizations, which 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 Public Notice 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 current Exclusion List will be maintained in the FCC Reference and Information Center and will be available at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. 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 the Commission's rules, which requires notification by, and in certain circumstances prior notification by, 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 comply with the Commission's International Settlements Policy and associated 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. The Commission modified these requirements most recently in International Settlements Policy Reform: International Settlement Rates, First Report and Order, FCC 04-53, 19 FCC Rcd 5709 (2004). 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 which the Commission has exempted from the International Settlements Policy at any time during a particular reporting period are exempt from this requirement. See 47 C.F.R. § 43.51(d). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (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. A carrier may provide switched services over its authorized resold private lines in the circumstances specified in Section 63.23(d) of the rules, 47 C.F. R. § 63.23(d). (6) A carrier may engage in "switched hubbing" to countries that do not appear on the Commission's list of U.S. international routes that are exempt from the International Settlements Policy, set forth in Section 64.1002, 47 C.F.R. § 64.1002, provided the carrier complies with the requirements of Section 63.17(b) of the rules, 47 C.F.R. § 63.17(b). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (7) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (8) Carriers regulated as dominant for the provision of a particular communications service on a particular route for any reason other than a foreign carrier affiliation under Section 63.10 of the rules shall file tariffs pursuant to Section 203 of the Communications Act, as amended, 47 U.S.C. § 203, and Part 61 of the Commission's Rules, 47 C.F.R. Part 61. Carriers shall not otherwise file tariffs except as permitted by Section 61.19 of the rules, 47 C.F.R. § 61.19. Except as specified in Section 20.15 with respect to commercial mobile radio service providers, carriers regulated as non-dominant, as defined in Section 61.3, and providing detariffed international services pursuant to Section 61.19, must comply with all applicable public disclosure and maintenance of information requirements in Sections 42.10 and 42.11. (9) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). Carriers shall also file the quarterly reports required by Section 43.61 in the circumstances specified in paragraphs (b) and (c) of that Section. Page 7 of 8

(10) 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 Rcd 8605 (1995). See 47 C.F.R. § 43.82. See also §§ 63.22(e), 63.23(e). These requirements apply to facilities-based carriers and private line resellers, respectively. See also http:www.fcc.gov/ib/pd/pf/csmanual.html. (11) Carriers should consult Section 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. (12) If any carrier is reselling service obtained pursuant to a contract with another carrier, 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. 47 U.S.C. § 203. (13) To the extent the applicant is, or is affiliated with, an incumbent independent 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 requirements of Section 64.1903. (14) Except as otherwise ordered by the Commission, a carrier authorized here to provide facilities-based service that (i) is classified as dominant under Section 63.10 of the rules for the provision of such service on a particular route and (ii) is affiliated with a carrier that collects settlement payments for terminating U.S. international switched traffic at the foreign end of that route may not provide facilities-based switched service on that route unless the current rates the affiliate charges U.S. international carriers to terminate traffic are at or below the Commission's relevant benchmark adopted in International Settlement Rates, IB Docket No. 96-261, Report and Order, 12 FCC Rcd 19806 (1997). See also Report and Order on Reconsideration and Order Lifting Stay in IB Docket No. 96-261, FCC 99-124 (rel. June 11, 1999). For the purposes of this rule, "affiliated" and "foreign carrier" are defined in Section 63.09. Exclusion List for International Section 214 Authorizations 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 63.18 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)(3) of the Commission's Rules. See 47 C.F.R. § 63.22(c). Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice, DA 10-112, dated January 21, 2010, "Modification of Process to Accept Applications for Service to Cuba and Related Matters.") Facilities: All non-U.S.-licensed satellite systems that are not on the Permitted Space Station List, maintained at http://www.fcc.gov/ib/sd/se/permitted.html. See International Bureau Public Notice, DA 99-2844 (rel. Dec. 17, 1999). 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 may 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, 11 FCC Rcd 12,884, released March 13, 1996 (61 Fed. Reg. 15,724, April 9, 1996). A current version of this list is maintained at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. For additional information, contact the International Bureau's Policy Division, (202) 418-1460. Page 8 of 8


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Document Modified: 2013-08-21 16:23:24
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