Public Notice TEL00511

International Telecommunications

Action Taken Public Notice

2002-03-21

FCC.report > IB > Public Notices > TEL00511

22 Filings Included [expand]

IBFS_PN_250054

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 02-682 Report No. TEL-00511 Thursday March 21, 2002 INTERNATIONAL AUTHORIZATIONS GRANTED Section 214 Applications (47 C.F.R. § 63.18); Cable Landing License Applications (47 C.F.R. § 1.767); Requests to Authorize Switched Services over Private Lines (47 C.F.R. § 63.16); 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). Grants under Section 63.16 and certain grants under Section 63.18 also authorize carriers generally to use their authorized private lines to provide switched services (ISR) between the United States and particular international points pursuant to 47 C.F.R. § 63.16. See also 47 C.F.R. §§ 63.22(e), 63.23(d). 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. These are set forth in detail below and in Sections 63.21, 63.22, and 63.23 of the Commission’s rules, 47 C.F.R. §§ 63.21-.23. 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. The Commission most recently amended its rules applicable to international telecommunications common carriers 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 IB Docket No. 97-142, Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Order on Reconsideration, 15 FCC Rcd 18158 (2000); IB Docket No. 98-118, Review of International Common Carrier Regulations, FCC 99-51, released March 23, 1999, 64 Fed. Reg. 19,057 (Apr. 19, 1999) and in IB Docket Nos. 98-148, 95-22, CC Docket No. 90-337 (Phase II), 1998 Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, FCC 99-73, released May 6, 1999, 64 Fed. Reg. 34, 734 (June 29, 1999). An updated version of Sections 63.09–.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/td/pf/telecomrules.html. Page 1 of 9

ISP-PDR-20020201-00005 Cook Inlet/VS GSM VI PCS, LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 03/20/2002 Cook Inlet/VS GSM VI PCS, LLC (CIVS VI or the Applicant), requests that the Commission find permissible indirect foreign ownership of CIVS VI in excess of the 25 percent benchmark of Section 310(b)(4) of the Communications Act of 1934, as amended. The attributable indirect foreign ownership will occur when four broadband PCS licenses are assigned by Cook Inlet/VS GSM IV PCS, LLC (CIVS IV) to CIVS VI. This assignment is the subject of a pro forma assignment application filed concurrently with CIVS VI’s petition for declaratory ruling. See FCC File No. 0000757150. Applicant states that the ownership structures of CIVS IV and CIVS VI are identical and that the Commission previously approved this ownership structure and resulting indirect foreign ownership in excess of the 25 percent benchmark for CIVS IV. See Application of VoiceStream Wireless Corporation, Powertel, Inc., Transferrors, and Deutsche Telekom AG, Transferee, for Consent to Transfer Control of Licenses and authorizations Pursuant to Section 214 and 310(d) of the Communications Act and for Declaratory Ruling Pursuant to Section 310 of the Communications Act, Memorandum Opinion and Order, 16 FCC Rcd 9779 (2001) (VoiceStream/Deutsche Telekom Order) at para 131. Applicant asserts that, for the same reasons that the Commission found the CIVS IV ownership structure and resulting indirect foreign ownership to be in the public interest, the Commission should also find that CIVS VI’s ownership structure and indirect foreign ownership are in the public interest. According to the applicant, CIVS VI is a newly formed, wholly owned subsidiary of Cook Inlet/VS GSM VI PCS Holdings, LLC ("CIVS VI Holdings"), a Delaware limited liability company. CIVS VI Holdings has two members, Cook Inlet Mobile Corporation ("CIMC") and VoiceStream PCS BTA I Corporation (VS BTA I). CIMC, a Delaware corporation, holds a 16.35 percent equity interest and 100 percent of the Class A membership interests in CIVS VI Holdings. As such, CIMC is the sole Manager of CIVS VI Holdings and its subsidiary CIVS VI. CIMC is, in turn, a wholly owned, direct subsidiary of Cook Inlet Region, Inc. (CIRI), which is an Alaska Native Regional Corporation organized pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. § 1601 et seq. Under the Commission's rules, CIRI through CIMC has both de jure and de facto control of CIVS VI Holdings and its licensee subsidiary. See 47 C.F.R. Section 1.2110(c) According to the Applicant, CIRI has no cognizable foreign interest that is attributable to CIVS VI Holdings or to CIVS VI. Applicant states that CIVS VI Holdings’ second member, VS BTA I, is a wholly owned subsidiary of VoiceStream Wireless Corporation, which is in turn wholly owned by Deutsche Telekom AG (DT). VS BTA I holds an 83.65 percent equity interest in CIVS VI Holdings and 100 percent of the Class B membership interests in CIVS VI Holdings. According to the Applicant, pursuant to CIVS VI Holdings' operating agreement, VS BTA I enjoys the benefit of certain standard investment protections, but neither VS BTA I nor VoiceStream has the ability to control the management or day-to-day operations of CIVS VI Holdings or CIVS VI. The Telecommunications Divison (Division) finds that it would not serve the public interest to prohibit the indirect foreign ownership of the proposed assignee, CIVS VI, in excess of the 25 percent benchmark of Section 310(b)(4). Specifically, this ruling permits the indirect foreign ownership of CIVS VI by DT and its German shareholders in an amount up to and including 85 percent, consistent with the Commission's ruling in the VoiceSteam/Deutsche Telekom Order. CIVS VI may acquire up to and including an addtional, aggregate 25 percent indirect equity and/or voting interest from other non-U.S. individuals and entities without seeking further Commission approval under Section 310(b)(4), subject to the conditions herein. For this purpose, non-German foreign owhership of DT shall be included in the total indirect foreign ownership of CIVS VI. In additon, no single non-U.S. individual or entity, with the exception of DT may acquire indirect ownership in excess of 25 percent without further Commission approval. CIVS VI shall also seek approval under Section 310(b)(4) before it accepts any additional indirect interest from DT in excess of that permitted here. This ruling is without prejudice to Commission action on the pro forma assignment application to assign four broadband PCS licenses from CIVS IV to CIVS VI. ITC-214-19980123-00035 CIGNAL GLOBAL COMMUNICATIONS CARRIER SERVICES, INC. International Telecommunications Certificate Service(s): Global Facilities-Based/Global Resale Service Surrender of Authorization Date of Action: 03/13/2002 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. Previous File Number ITC-98-073 Cignal Carrier Services, Inc. has changed its name to Cignal Global Communications Carrier Services, Inc., by letter dated January 19, 1999. Previous File Number ITC-98-073 Page 2 of 9

ITC-214-19990726-00512 ARC LONG DISTANCE, INC. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based AND Resale Service Surrender of Authorization Date of Action: 02/28/2002 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-214-19991012-00751 CI SERVICES, INC. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Surrender of Authorization Date of Action: 03/14/2002 Application for authority to operate as a resale carrier pursuant to the provisions of Section 63.18(e)(2) & (4) of the rules. Applicant agrees to be regulated as dominant for those services and routes for which it resells the services of COMSAT World Systems (CWS) and for which CWS is regulated as dominant. The requirements of dominant carrier regulation that will apply to the applicant will be the same as those that apply to CWS. See Policies and Rules for Alternative Incentive Based Regulation of COMSAT Corp., 14 FCC Rcd 3065 (1999); COMSAT Corp. Petition Pursuant to Section 10(c) of the Communications Act of 1934, as amended, for Forbearance from Dominant Carrier Regulation and for Reclassification as a Non-Dominant Carrier, 13 FCC Rcd 14083 (1998). ITC-214-20020125-00078 Remi Retail Communications, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based AND Resale Service Grant of Authority Date of Action: 03/15/2002 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-214-20020128-00026 R&D Networks, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based AND Resale Service Grant of Authority Date of Action: 03/20/2002 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-214-20020211-00042 Winstar 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: 03/20/2002 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-214-20020213-00054 Telefree Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/20/2002 Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. Page 3 of 9

ITC-214-20020213-00055 Connexion 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: 03/15/2002 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-214-20020213-00079 F3 Communications, L.L.C. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 03/15/2002 Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-214-20020214-00056 WaveCrest Communications, plc International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 03/20/2002 AApplication 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-214-20020214-00057 Cybx International, 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: 03/20/2002 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-T/C-20020123-00074 WCI Cable, Inc. (Debtor-in-Possession) Transfer of Control Grant of Authority Date of Action: 03/20/2002 Current Licensee: WCI Cable, Inc. (Debtor-in-Possession) FROM: AMP Life Limited TO: Neptune Communications, LLC Application for Consent to Tranfer Control of WCI Cable, Inc. (Debtor-in-Possession) from AMP Life Limited to Neptune Communications LLC. Streamline grant of this application is conditioned upon Applicants' agreement not to transfer this authorization unless and until the Commission grants the related applications for transfer of control of domestic section 214 authorization and submarine cable landing license. Streamlined grant shall in no way prejudge the outcome of the pending applications for transfer of control of domestic section 214 authorization and submarine cable landing license. ITC-T/C-20020212-00080 New England Municipal Telephone Associates, LLC Transfer of Control Grant of Authority Date of Action: 03/20/2002 Current Licensee: New England Municipal Telephone Associates, LLC FROM: New England Municipal Telephone Associates, LLC. TO: Thomas J. McCrosson Application for consent to Transfer Control of New England Municipal Telephone Associates to Thomas J. McCrosson Page 4 of 9

ITC-T/C-20020225-00087 McLeodUSA Telecommunications Services, Inc. Transfer of Control Grant of Authority Date of Action: 03/15/2002 Current Licensee: McLeodUSA Telecommunications Services, Inc. FROM: MCLEODUSA INCORPORATED TO: FORSTMANN LITTLE & CO., EQUITY PARTNERSHIP-VII, L.P. ET AL Application for Consent to Transfer Control of McLeodUSA Telecommunications Services, Inc. from McLeod Incorporated to Forstmann Little & Co., Equity Partnership-VII, L.P. ET AL. Streamline grant of this application is conditioned upon Applicants' agreement not to transfer this authorization unless and until the Commission grants the related domestic section 214 and wireless license transfer applications. Streamlined grant shall in no way prejudge the outcome of the pending domestic section 214 and wireless transfer applications. ITC-T/C-20020301-00088 CapRock Telecommunications Corp. Transfer of Control Grant of Authority Date of Action: 03/15/2002 Current Licensee: CapRock Telecommunications Corp. FROM: MCLEODUSA INCORPORATED TO: FORSTMANN LITTLE & CO., EQUITY PARTNERSHIP-VII, L.P. ET AL Application for Consent to Transfer Control of CapRock Telecommunications Corp. from McLeod Incorporated to Forstmann Little & Co., Equity Partnership-VII, L.P. ET AL. Streamline grant of this application is conditioned upon Applicants' agreement not to transfer this authorization unless and until the Commission grants the related domestic section 214 and wireless license transfer applications. Streamlined grant shall in no way prejudge the outcome of the pending domestic section 214 and wireless transfer applications. ITC-T/C-20020301-00089 IWL COMMUNICATIONS INC DBA CAPROCK SERVICES CORP Transfer of Control Grant of Authority Date of Action: 03/15/2002 Current Licensee: IWL COMMUNICATIONS INC DBA CAPROCK SERVICES CORP FROM: MCLEODUSA INCORPORATED TO: FORSTMANN LITTLE & CO., EQUITY PARTNERSHIP-VII, L.P. ET AL Application for Consent to Transfer Control of IWL Communications, Inc. d/b/a CapRock Services Corp. from McLeod Incorporated to Forstmann Little & Co., Equity Partnership-VII, L.P. ET AL. Streamline grant of this application is conditioned, however, upon Applicants' agreement not to transfer this authorization unless and until the Commission grants the related domestic section 214 and wireless license transfer applications. Streamlined grant shall in no way prejudge the outcome of the pending domestic section 214 and wireless transfer applications. INFORMATIVE ITC-214-19970404-00194 Network Plus, Inc. (Debtor-in-Possession) Pursuant to Section 63.24(a)(4) and (b) of the Commission's Rules Network Plus, Inc., hereby notifies the Commission of pro forma assignment from Network Plus, Inc. to Network Plus, Inc. as a Debtor-in-Possession, by letter dated March 6, 2002. ITC-214-19991215-00782 France Telecom Long Distance USA, LLC FT Networks L.L.C. has changed its name by letter dated February 20, 2002. Other applications involved in this transaction are ITC-214-19991215-00783 and ITC-214-19991215-00784. ITC-214-20010117-00023 Dynegy Communications Clearinghouse, Inc. Dynegy CLEC Communications, Inc. has changed its name by letter dated January 17, 2002. ITC-214-20010614-00347 C2C (USA) INC. Pursuant to Section 63.24 of the Commission's Rules C2C (USA), Inc., hereby, notifies the Commission of a pro forma transfer of control from C2C Pte Ltd to C2C Holdings Pte Ltd, by letter dated March 6, 2002. ITC-T/C-19970909-00545 Communications Buying Group Page 5 of 9

INFORMATIVE Communications Buying Group File Number ITC-93-094 has surrendered its license by letter dated February 21, 2002 which inturns surrenders this trasfer of control also. Previous File Number ITC-97-559-TC Page 6 of 9

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, Portugal, Cyprus, Slovak Republic, Slovenia, Dominica, Grenada, Jamaica, Kuwait, Jordan, Paraguay, Croatia, Egypt, Zambia, Ecuador and Barbados. Page 7 of 9

(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, Portugal, Cyprus, Slovak Republic, Slovenia, Dominica, Grenada, Jamaica, Kuwait, Jordan, Paraguay, Croatia, Egypt, Zambia, Ecuador and Barbados. (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 Page 8 of 9 relevant benchmark adopted in International

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. 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 9 of 9


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