Public Notice TEL00433

International Telecommunications

Action Taken Public Notice

2001-08-23

FCC.report > IB > Public Notices > TEL00433

11 Filings Included [expand]

ITC-214-20010727-00400

International Telecommunications
ITC-214-20010725-00398

International Telecommunications
ITC-214-20010725-00399

International Telecommunications
ITC-214-20010723-00387

International Telecommunications
ITC-214-20010724-00396

International Telecommunications
ISP-PDR-20010719-00035

International Telecommunications
ITC-214-20010718-00384

International Telecommunications
ITC-214-20010719-00385

International Telecommunications
ISP-PDR-20010717-00034

International Telecommunications
ITC-214-20010717-00397

International Telecommunications
ITC-214-20010717-00401

International Telecommunications

IBFS_PN_224535

ISP-PDR-20010717-00034 PACIFIC LIGHTNET, INC.
Petition for Declaratory Ruling
Grant of Authority Date of Action: 08/22/2001

Pacific Lightnet, Inc. (Pacific Lightnet) and Tomen Corporation (Tomen) request that the Commission find permissible the indirect
foreign ownership of Pacific Lightnet in excess of the 25% benchmark of Section 310(b)(4) of the Communications Act of 1934, as
amended. This request is filed in connection with several applications to assign 25 common carrier point-to-point microwave licenses
from Pacwest Network Hawaii, Inc. (Pacwest) to Pacific Lightnet. See FCC File No. 0000422346, listed as accepted for filing in Public
Notice, Report No. 853 (May 9, 2001).

Pacific Lightnet is 50% owned by NextNet Investments, LLC (NextNet), a Washington limited liability company. The manager and
sole member of NextNet is John Warta, a U.S. citizen. The remaining 50% interest in Pacific Lightnet is owned by TM
Communications Hawaii, LLC (TM Communications), a Delaware limited liability company. TM Communications in turn is 50%
owned by Tomen America, Inc. (Tomen America), a New York corporation, and 50% owned by TM Communications (Japan), Inc., a
Delaware corporation. Both Tomen America and TM Communications (Japan) are wholly owned subsidiaries of Tomen Corporation
(Tomen), a publicly traded Japanese corporation. Applicants assert that, pursuant to the rules and policies established in the
Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), the
"home market" of Tomen is Japan, which is a WTO Member.

The Chief, Telecommunications Division (Division) finds that it would not serve the public interest to prohibit the indirect foreign
ownership of the proposed assignee, Pacific Lightnet, in excess of the 25% benchmark of Section 310(b)(4). Specifically, this ruling
permits the indirect foreign ownership of Pacific Lightnet by Tomen and its Japanese shareholders in an amount up to and including
50%. Pacific Lightnet may acquire up to and including an additional 25% indirect interest from other non-U.S. investors and entities
without seeking further Commission approval under Section 310(b)(4). For this purpose, non-Japanese foreign ownership of Tomen
shall be included in the total indirect foreign ownership of Pacific Lightnet. In addition, no single non-U.S. investor or entity, with the
exception of Tomen may acquire indirect ownership in excess of 25% without further Commission approval. Pacific Lightnet shall
also seek approval under Section 310(b)(4) before it accepts any additional indirect interest from Tomen in excess of that permitted
here.
This ruling is without prejudice to Commission action on the applications to assign common carrier microwave licenses from Pacwest
to Pacific Lightnet.

ISP-PDR-20010719-00035 WORLDCOM, INC.
Petition for Declaratory Ruling
Grant of Authority Date of Action: 08/22/2001

Application for authority to provide service in accordance with the provisions of Section 63.16(d) of the rules to provide switched
services via international private lines interconnected with the public switched network at one or both ends (ISR) between the United
States and the Slovak Republic.

ITC-214-20010717-00397 OPM AUCTION CO.
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules.

ITC-214-20010717-00401 NEW SKIES CARRIER SERVICES, INC.
International Telecommunications Certificate
Service(s): Global or Limited Global Facilities-Based AND Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to operate as a 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.

Page 2 of 7

ITC-214-20010718-00384 LATIN AMERICAN NAUTILUS U.S.A. 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: 08/17/2001

Application for authority to operate as a 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 between the United States and all
permissible points except San Marino and the Federal Republic of Yugoslavia (Serbia and Montenegro). Applicant agrees to be
classified as a dominant with respect to the US-Argentina, US-Austria, US-Brazil, US-Bolivia, US-Cuba and US-Italy routes, without
prejudice to its right to petition for reclassification at a later date. Applicant does not seek authority to provide facilities-based
services to Cuba.

ITC-214-20010719-00385 ELINK TELECOMMUNICATIONS, 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: 08/17/2001

Application for authority to operate as a 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-214-20010723-00387 VITC, 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: 08/17/2001

Application for authority to operate as a 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-214-20010724-00396 STRATUS COMMUNICATIONS GROUP, 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: 08/17/2001

Application for authority to operate as a 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-214-20010725-00398 TDI COMMUNICATIONS, INC.
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules.

ITC-214-20010725-00399 HUNTINGTON MARKET, INC.
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules.

Page 3 of 7

ITC-214-20010727-00400 LANYAP GRAHAM INTERNET TECHNOLOGY, INC. ( d/b/a COM ONE
INTERACTIVE )
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules.

Page 4 of 7

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 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 current Exclusion List will be maintained in the FCC Reference and Information
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 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. The Commission recently amended Section 63.11 of the
rules in its Order on Reconsideration in IB Docket No. 97-142, 15 FCC Rcd 18158 (2000).

(4) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements
contained in Sections 43.51 and 64.1001 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001. The Commission modified
these requirements most recently in 2000 Biennial Regulatory Review, Policy and Rules Concerning the International,
Interexchange Marketplace, FCC 01-93, released, March 20, 2001, 66 Fed. Reg. 16874 (Mar. 28, 2001). See also 1998
Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, IB
Docket Nos. 98-148, 95-22, CC Docket No. 90-337 (Phase II), FCC 99-73 (rel. May 6, 1999). 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
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 or the carrier is exchanging
switched traffic with a foreign carrier that the Commission has determined lacks market power in the country at the foreign
end of the private line. See 47 C.F.R. §§ 63.16, 63.22(e), 63.23(d). A foreign carrier lacks market power for purposes of this
rule if it does not appear on the Commission list of foreign carriers that do not qualify for the presumption that they lack
market power in particular foreign points. This list is available at
http://www.fcc.gov/Bureaus/International/Public_Notices/1999/da990809.txt. See generally 1998 Biennial Regulatory
Review - Reform of the International Settlements Policy and Associated Filing Requirements, IB Docket Nos. 98-148,
95-22, CC Docket No. 90-337 (Phase II), FCC 99-73 (rel. May 6, 1999), paras. 12-15, 102-109.

(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 foreign points: Sweden, Canada, New Zealand, the United Kingdom,
Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Austria, Switzerland, Japan, Italy,
Ireland, Hong Kong, Iceland, Spain, Finland, Israel, Singapore, Netherlands Antilles, Poland, Argentina, United Arab
Emirates, Macau, Hungary, Philippines, Greece, Uruguay, Brunei, Trinidad & Tobago, Czech Republic, the Dominican
Republic, Brazil, Botswana, Costa Rica, South Africa, Saint Lucia, Saint Kitts & Nevis, Saint Vincent, Antigua, Malaysia,
Thailand, Belize, Panama, Guatemala, Venezuela, Bahrain, South Korea and Portugal.

(7) Carriers may engage in "switched hubbing" to countries for which the Commission has not authorized the provision
Page 5 of 7

(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, The Netherlands,
Luxembourg, Norway, Denmark, France, Germany, Belgium, Austria, Switzerland, Japan, Italy, Ireland, Hong Kong,
Iceland, Spain, Finland, Israel, Singapore, Netherlands Antilles, Poland, Argentina, United Arab Emirates, Macau,
Hungary, Philippines, Greece, Uruguay, Brunei, Trinidad & Tobago, Czech Republic, the Dominican Republic, Brazil,
Botswana, Costa Rica, South Africa, Saint Lucia, Saint Kitts & Nevis, Saint Vincent, Antigua, Malaysia, Thailand, Belize,
Panama, Guatemala, Venezuela, Bahrain, South Korea and Portugal.

(9) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14.

(10) 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. 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.
These non-dominant carriers may continue filing new or revised international tariffs for mass market services until
January 28, 2002, when all tariffs, with limited exceptions, must be cancelled. Carriers may not file any new or revised
contract tariffs or tariffs for other long-term international service arrangements. See 2000 Biennial Regulatory Review,
Policy and Rules Concerning the International, Interexchange Marketplace, FCC 01-93, released March 20, 2001, 66 Fed.
Reg. 16874 (Mar. 28, 2001).

(11) 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.

(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 Rcd 8605
(1995). See 47 C.F.R. §§ 43.82, 63.23(e). These requirements apply to facilities-based carriers and private line resellers,
respectively.

(13) 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.

(14) 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.

(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).

(16) 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. See Regulatory Treatment of LEC Provision of Interexchange Services Originating in the LEC's Local
Exchange Area and Policy and Rules Concerning the Interstate, Interexchange Marketplace, Second Report and Order in
CC Docket No. 96-149 and Third Report and Order in CC Docket No. 96-61, 12 FCC Rcd 15756, recon., 12 FCC Rcd 8730
(1997), Order, 13 FCC Rcd 6427 (Com. Car. Bur. 1998), further recon., FCC 99-103 (rel. June 30, 1999).

(17) 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 service on that route unless the current rates the affiliate charges U.S.
international carrier 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.Page 96-261,
6 ofFCC
7 99-124 (rel. June 11, 1999). For the purposes of this

Reconsideration and Order Lifting Stay in IB Docket No. 96-261, FCC 99-124 (rel. June 11, 1999). For the purposes of this
rule, "affiliation" and "foreign carrier" are defined in Section 63.09.

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)).

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.

Exclusion List for International Section 214 Authorizations

-- Last Modified December 22, 1999 --

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)(4) of the Commission's Rules. See generally 47 C.F.R. §
63.22.

Countries:

Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public
Notice Report No. I-6831, dated July 27, 1993, "FCC to Accept Applications for Service to Cuba.")

Facilities:

All non-U.S.-licensed satellite systems that are not on the Permitted Space Station List, maintained at
http://www.fcc.gov/ib/srd/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/td/pf/telecomrules.html#exclusionlist.

For additional information, contact the International Bureau's Telecommunications Division, Policy & Facilities Branch,
(202) 418-1460.

Page 7 of 7

ISP-PDR-20010717-00034 PACIFIC LIGHTNET, INC.
Petition for Declaratory Ruling
Grant of Authority Date of Action: 08/22/2001

Pacific Lightnet, Inc. (Pacific Lightnet) and Tomen Corporation (Tomen) request that the Commission find permissible the indirect
foreign ownership of Pacific Lightnet in excess of the 25% benchmark of Section 310(b)(4) of the Communications Act of 1934, as
amended. This request is filed in connection with several applications to assign 25 common carrier point-to-point microwave licenses
from Pacwest Network Hawaii, Inc. (Pacwest) to Pacific Lightnet. See FCC File No. 0000422346, listed as accepted for filing in Public
Notice, Report No. 853 (May 9, 2001).

Pacific Lightnet is 50% owned by NextNet Investments, LLC (NextNet), a Washington limited liability company. The manager and
sole member of NextNet is John Warta, a U.S. citizen. The remaining 50% interest in Pacific Lightnet is owned by TM
Communications Hawaii, LLC (TM Communications), a Delaware limited liability company. TM Communications in turn is 50%
owned by Tomen America, Inc. (Tomen America), a New York corporation, and 50% owned by TM Communications (Japan), Inc., a
Delaware corporation. Both Tomen America and TM Communications (Japan) are wholly owned subsidiaries of Tomen Corporation
(Tomen), a publicly traded Japanese corporation. Applicants assert that, pursuant to the rules and policies established in the
Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), the
"home market" of Tomen is Japan, which is a WTO Member.

The Chief, Telecommunications Division (Division) finds that it would not serve the public interest to prohibit the indirect foreign
ownership of the proposed assignee, Pacific Lightnet, in excess of the 25% benchmark of Section 310(b)(4). Specifically, this ruling
permits the indirect foreign ownership of Pacific Lightnet by Tomen and its Japanese shareholders in an amount up to and including
50%. Pacific Lightnet may acquire up to and including an additional 25% indirect interest from other non-U.S. investors and entities
without seeking further Commission approval under Section 310(b)(4). For this purpose, non-Japanese foreign ownership of Tomen
shall be included in the total indirect foreign ownership of Pacific Lightnet. In addition, no single non-U.S. investor or entity, with the
exception of Tomen may acquire indirect ownership in excess of 25% without further Commission approval. Pacific Lightnet shall
also seek approval under Section 310(b)(4) before it accepts any additional indirect interest from Tomen in excess of that permitted
here.
This ruling is without prejudice to Commission action on the applications to assign common carrier microwave licenses from Pacwest
to Pacific Lightnet.

ISP-PDR-20010719-00035 WORLDCOM, INC.
Petition for Declaratory Ruling
Grant of Authority Date of Action: 08/22/2001

Application for authority to provide service in accordance with the provisions of Section 63.16(d) of the rules to provide switched
services via international private lines interconnected with the public switched network at one or both ends (ISR) between the United
States and the Slovak Republic.

ITC-214-20010717-00397 OPM AUCTION CO.
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules.

ITC-214-20010717-00401 NEW SKIES CARRIER SERVICES, INC.
International Telecommunications Certificate
Service(s): Global or Limited Global Facilities-Based AND Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to operate as a 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.

Page 2 of 7

ITC-214-20010718-00384 LATIN AMERICAN NAUTILUS U.S.A. 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: 08/17/2001

Application for authority to operate as a 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 between the United States and all
permissible points except San Marino and the Federal Republic of Yugoslavia (Serbia and Montenegro). Applicant agrees to be
classified as a dominant with respect to the US-Argentina, US-Austria, US-Brazil, US-Bolivia, US-Cuba and US-Italy routes, without
prejudice to its right to petition for reclassification at a later date. Applicant does not seek authority to provide facilities-based
services to Cuba.

ITC-214-20010719-00385 ELINK TELECOMMUNICATIONS, 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: 08/17/2001

Application for authority to operate as a 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-214-20010723-00387 VITC, 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: 08/17/2001

Application for authority to operate as a 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-214-20010724-00396 STRATUS COMMUNICATIONS GROUP, 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: 08/17/2001

Application for authority to operate as a 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-214-20010725-00398 TDI COMMUNICATIONS, INC.
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules.

ITC-214-20010725-00399 HUNTINGTON MARKET, INC.
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules.

Page 3 of 7

ITC-214-20010727-00400 LANYAP GRAHAM INTERNET TECHNOLOGY, INC. ( d/b/a COM ONE
INTERACTIVE )
International Telecommunications Certificate
Service(s): Global or Limited Global Resale Service
Grant of Authority Date of Action: 08/17/2001

Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules.

Page 4 of 7

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 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 current Exclusion List will be maintained in the FCC Reference and Information
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 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. The Commission recently amended Section 63.11 of the
rules in its Order on Reconsideration in IB Docket No. 97-142, 15 FCC Rcd 18158 (2000).

(4) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements
contained in Sections 43.51 and 64.1001 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001. The Commission modified
these requirements most recently in 2000 Biennial Regulatory Review, Policy and Rules Concerning the International,
Interexchange Marketplace, FCC 01-93, released, March 20, 2001, 66 Fed. Reg. 16874 (Mar. 28, 2001). See also 1998
Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, IB
Docket Nos. 98-148, 95-22, CC Docket No. 90-337 (Phase II), FCC 99-73 (rel. May 6, 1999). 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
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 or the carrier is exchanging
switched traffic with a foreign carrier that the Commission has determined lacks market power in the country at the foreign
end of the private line. See 47 C.F.R. §§ 63.16, 63.22(e), 63.23(d). A foreign carrier lacks market power for purposes of this
rule if it does not appear on the Commission list of foreign carriers that do not qualify for the presumption that they lack
market power in particular foreign points. This list is available at
http://www.fcc.gov/Bureaus/International/Public_Notices/1999/da990809.txt. See generally 1998 Biennial Regulatory
Review - Reform of the International Settlements Policy and Associated Filing Requirements, IB Docket Nos. 98-148,
95-22, CC Docket No. 90-337 (Phase II), FCC 99-73 (rel. May 6, 1999), paras. 12-15, 102-109.

(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 foreign points: Sweden, Canada, New Zealand, the United Kingdom,
Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Austria, Switzerland, Japan, Italy,
Ireland, Hong Kong, Iceland, Spain, Finland, Israel, Singapore, Netherlands Antilles, Poland, Argentina, United Arab
Emirates, Macau, Hungary, Philippines, Greece, Uruguay, Brunei, Trinidad & Tobago, Czech Republic, the Dominican
Republic, Brazil, Botswana, Costa Rica, South Africa, Saint Lucia, Saint Kitts & Nevis, Saint Vincent, Antigua, Malaysia,
Thailand, Belize, Panama, Guatemala, Venezuela, Bahrain, South Korea and Portugal.

(7) Carriers may engage in "switched hubbing" to countries for which the Commission has not authorized the provision
Page 5 of 7

(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, The Netherlands,
Luxembourg, Norway, Denmark, France, Germany, Belgium, Austria, Switzerland, Japan, Italy, Ireland, Hong Kong,
Iceland, Spain, Finland, Israel, Singapore, Netherlands Antilles, Poland, Argentina, United Arab Emirates, Macau,
Hungary, Philippines, Greece, Uruguay, Brunei, Trinidad & Tobago, Czech Republic, the Dominican Republic, Brazil,
Botswana, Costa Rica, South Africa, Saint Lucia, Saint Kitts & Nevis, Saint Vincent, Antigua, Malaysia, Thailand, Belize,
Panama, Guatemala, Venezuela, Bahrain, South Korea and Portugal.

(9) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14.

(10) 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. 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.
These non-dominant carriers may continue filing new or revised international tariffs for mass market services until
January 28, 2002, when all tariffs, with limited exceptions, must be cancelled. Carriers may not file any new or revised
contract tariffs or tariffs for other long-term international service arrangements. See 2000 Biennial Regulatory Review,
Policy and Rules Concerning the International, Interexchange Marketplace, FCC 01-93, released March 20, 2001, 66 Fed.
Reg. 16874 (Mar. 28, 2001).

(11) 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.

(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 Rcd 8605
(1995). See 47 C.F.R. §§ 43.82, 63.23(e). These requirements apply to facilities-based carriers and private line resellers,
respectively.

(13) 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.

(14) 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.

(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).

(16) 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. See Regulatory Treatment of LEC Provision of Interexchange Services Originating in the LEC's Local
Exchange Area and Policy and Rules Concerning the Interstate, Interexchange Marketplace, Second Report and Order in
CC Docket No. 96-149 and Third Report and Order in CC Docket No. 96-61, 12 FCC Rcd 15756, recon., 12 FCC Rcd 8730
(1997), Order, 13 FCC Rcd 6427 (Com. Car. Bur. 1998), further recon., FCC 99-103 (rel. June 30, 1999).

(17) 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 service on that route unless the current rates the affiliate charges U.S.
international carrier 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.Page 96-261,
6 ofFCC
7 99-124 (rel. June 11, 1999). For the purposes of this

Reconsideration and Order Lifting Stay in IB Docket No. 96-261, FCC 99-124 (rel. June 11, 1999). For the purposes of this
rule, "affiliation" and "foreign carrier" are defined in Section 63.09.

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)).

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.

Exclusion List for International Section 214 Authorizations

-- Last Modified December 22, 1999 --

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)(4) of the Commission's Rules. See generally 47 C.F.R. §
63.22.

Countries:

Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public
Notice Report No. I-6831, dated July 27, 1993, "FCC to Accept Applications for Service to Cuba.")

Facilities:

All non-U.S.-licensed satellite systems that are not on the Permitted Space Station List, maintained at
http://www.fcc.gov/ib/srd/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/td/pf/telecomrules.html#exclusionlist.

For additional information, contact the International Bureau's Telecommunications Division, Policy & Facilities Branch,
(202) 418-1460.

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Document Created: 2019-04-08 02:00:29
Document Modified: 2019-04-08 02:00:29

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