Public Notice TEL00624S

Accepted for Filing Streamlined Public Notice

International Telecommunications

2003-01-15

FCC.report > IB > Public Notices > TEL00624S

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IBFS_PN_296005

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 Report No. TEL-00624S Wednesday January 15, 2003 STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING 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 Unless otherwise specified, the following procedures apply to the applications listed below: The international Section 214 applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in Section 63.12 of the Commission's rules, 47 C.F.R. § 63.12. These applications are for authority under Section 214 of the Communications Act, 47 U.S.C. § 214, (a) to transfer control of an authorized carrier or to assign a carrier's existing authorization; and/or (b) to become a facilities-based international common carrier; and/or (c) to become a resale-based international common carrier. Pursuant to Section 63.12 of the rules, these Section 214 applications will be granted 14 days after the date of this public notice (see 47 C.F.R. § 1.4 regarding computation of time), and the applicant may commence operations on the 15th day, unless the Commission has informed the applicant in writing, within 14 days after the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. Communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. An application can be removed from streamlined processing only in the sound discretion of Commission staff. The filing of comments or a petition to deny will not necessarily result in an application being deemed ineligible for streamlined processing. The petitions for declaratory ruling listed below are (1) for authority under Section 310(b)(4) of the Communications Act, 47 U.S.C. § 310(b)(4), to exceed the 25 percent foreign ownership benchmark applicable to common carrier radio licensees, or (2) under Section 63.16 of the rules, to add a foreign market to the list of markets for which carriers may provide switched services over private lines. The requested rulings will be granted 14 days after the date of this public notice, effective the next day, unless the application is formally opposed or the Commission has informed the applicant in writing, within 14 days of the date of this public notice, that the application, on further examination, has been deemed ineligible for streamlined processing. For this purpose, a formal opposition shall be sufficient only if it is received by the Commission and by the applicant within 14 days of the date of this public notice and its caption and text make it unmistakably clear that it is intended to be a formal opposition. Copies of all applications listed here are available for public inspection in the FCC Office of Public Affairs Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission's rules, regulations, and other requirements. We request that comments on any of these applications refer to the application file number shown below. Page 1 of 3

ITC-214-20021118-00547 E Athena Communications, Ltd. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-214-20021118-00566 P E-Life Group, INC. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based AND Resale Service 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-214-20021220-00588 E Telecom New Zealand USA Ltd. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Application for Authority to operate as a facilities based carrier and resale carrier in accordance with the provisions of Section 63.18(e)(1), (e)(2), and (e)(3) of the rules. Applicant agrees to be regulated as dominant on the U.S.-New Zealand and the U.S.-Cook Islands routes. ITC-214-20021223-00593 E DataAccess America Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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. Applicant agrees to be regulated as dominant on the U.S.-Hong Kong route. ITC-214-20021223-00594 E GroveLine, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service 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-214-20021224-00601 E Inode Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Application for Authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-ASG-20030102-00001 E Birch Telecom of Missouri, Inc. Assignment Other Companies: Birch Telecom of Kansas, Inc; Birch Telecom of Texas Ltd., L.L.P; Dunn & Associates, Inc. d/b/a Boulevard Telephone Company Current Licensee: Birch Telecom of Missouri, Inc., Debtor-in-Possession FROM: Birch Telecom of Missouri, Inc., Debtor-in-Possession TO: Birch Telecom of Missouri, Inc. Application for assignment of international section 214 authorization (ITC-214-19990701-00441) from Birch Telecom of Missouri, Debtor-in-Possession (DIP), to Birch Telecom of Missouri; from Birch Telecom of Kansas, Inc., DIP, to Birch Telecom of Kansas, Inc.; from Birch Telecom of Texas Ltd., L.L.P., DIP, to Birch Telecom of Texas Ltd., L.L.P.; and from Dunn & Associates, Inc., DIP, d/b/a/Boulevard Telephone Company, to Dunn & Associates, Inc. d/b/a Boulevard Telephone Company. This application seeks approval for the assignment of the referenced international section 214 authorization, held jointly by the Birch companies, that occurred as a result of their emergence from bankruptcy as described in Attachment 3 to the application. Page 2 of 3

ITC-ASG-20030102-00002 E Birch Telecom of Oklahoma, Inc. Assignment Other Companies: Birch Telecom of the Great Lakes, Inc.; Birch Telecom of the South, Inc.; Birch Telecom of the West, Inc. Current Licensee: Birch Telecom of Oklahoma, Inc., Debtor-in-Possession FROM: Birch Telecom of Oklahoma, Inc., Debtor-in-Possession TO: Birch Telecom of Oklahoma, Inc. Application for assignment of international section 214 authorization (ITC-214-20010418-00248) from Birch Telecom of Oklahoma, Inc., Debtor-in-Possession (DIP), to Birch Telecom of Oklahoma, Inc.; from Birch Telecom of the Great Lakes, Inc., DIP, to Birch Telecom of the Great Lakes, Inc.; from Birch Telecom of the South, Inc., DIP, to Birch Telecom of the South, Inc.; and from Birch Telecom of the West, Inc., DIP, to Birch Telecom of the West, Inc. This application seeks approval for the assignment of the referenced international section 214 authorization, held jointly by the Birch companies, that occurred as a result of their emergence from bankruptcy as described in Attachment 3 to the application. REMINDERS: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001-.2003. The Commission most recently amended its rules applicable to international telecommunications common carriers in 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). An updated version of Section 63.09-.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/td/pf/telecomrules.html. Page 3 of 3


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