Public Notice TEL00944

International Telecommunications

Action Taken Public Notice

2005-09-08

FCC.report > IB > Public Notices > TEL00944

15 Filings Included [expand]

IBFS_PN_453223

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. 05-2416 Report No. TEL-00944 Thursday September 8, 2005 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. 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. Page 1 of 9

ISP-PDR-20050810-00009 P American Samoa License, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 08/29/2005 American Samoa License, Inc. ("ASL" or the "Petitioner") requests a declaratory ruling that it is in the public interest to permit the indirect foreign ownership of ASL in excess of the 25 percent benchmark set forth in section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"). ASL holds a broadband PCS license for American Samoa (MTA051). This request is filed in connection with an application for consent to the transfer of de jure control of the PCS radio license from R. Allen Stanford to the shareholders of eLandia Solutions, Inc. ("ESI"). See File No. 0002184665. According to the petition, ASL is 100 percent owned by AST Telecom, LLC, a U.S. limited liability company ("AST"). W&R South Pacific, L.P. ("WSPLP"), a limited partnership organized under the laws of Washington State, holds 30.72 percent of AST. The remaining 69.28 percent of AST is held by Stanford International Bank Limited ("SIBL"), a company organized under the laws of Antigua and Barbuda. WSPLP is owned and controlled by Barry and Fay Alailima Rose through W&R, Inc., an American Samoa corporation. SIBL, in turn, is wholly-owned by Stanford International Bank Holdings Limited ("SIBHL"), which is organized under the laws of Antigua and Barbuda. SIBHL is 100 percent owned by the Stanford Financial Group, a U.S. company that is wholly-owned and controlled by R. Allen Stanford, a U.S. citizen (who also holds citizenship of Antigua and Barbuda). The Commission previously approved the insertion of SIBL and SIBHL into the ownership chain, under section 310(b)(4) of the Act, on August 3, 2005. See International Authorizations Granted, Public Notice, DA 05-2254, rel. Aug. 4, 2005 (File No.ISP-PDR-20050727-00007). Upon consummation of a series of transactions, the indirect ownership interest of R. Allen Stanford and Barry and Fay Alailima Rose will decline from 69.28 percent to 43.80 percent and from 30.72 percent to 11.10 percent, respectively. The remaining indirect ownership interests in ASL will be held by certain United States citizens and entities presumed to have their principal places of business in the United States ("Other shareholders) (14.60%); and by individual shareholders of Datec Group, Ltd. ("Datec shareholders"), a Province of New Brunswick corporation (30.50%). Petitioner states that the Datec shareholders are predominantly from Canada and the Fiji Islands. We find, based on the record, that, out of this 30.50 percent to be held by Datec shareholders, 17.32 percent will be held in the aggregate by five citizens of Fiji and by two entities, Kelton Investments Limited and Sami Holdings, whose home markets are properly ascribed to Fiji, a World Trade Organization (WTO) Member country. Pursuant to the rules and policies adopted in the Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that it would not serve the public interest to prohibit the indirect foreign ownership of ASL in excess of the 25 percent benchmark of Section 310(b)(4) of the Communications Act. Specifically, this ruling permits ASL to be owned indirectly by: (1) the Datec shareholders identified in the record (up to and including an aggregate 30.50 percent equity and voting interest), and (2) SIBL, SIBHL, and R. Allen Stanford (up to and including 43.80 percent equity and voting interests). ASL may acquire up to and including an additional, aggregate 25 percent indirect foreign equity and/or voting interests from the Datec investors and from other foreign investors (except SIBL, SIBHL, and R. Allen Stanford) without seeking further Commission approval under Section 310(b)(4), subject to the following conditions. First, non-Antiguan and Barbudan foreign ownership of SIBL and SIBHL shall be included in calculating the total indirect foreign ownership of ASL. Second, no single foreign individual or entity, with the exception of SIBL, SIBHL and R. Allen Stanford, may acquire indirect equity and/or voting interests in ASL in excess of 25 percent without prior Commission approval. For purposes of calculating the additional, aggregate 25 percent amount, ASL shall include the 2.06 percent interests held by the Other shareholders that are presumed to have their principal places of business in the United States (see File No. ISP-PDR-20050321-00005 granted by Public Notice, DA 05-2049, rel. July 21, 2005), and the 13.18 percent interests held by the non-Figian Datec shareholders. This ruling is without prejudice to Commission action on the pending applications for the transfer of control filed by ASL. See File No. 0002184665. Page 2 of 9

ISP-PDR-20050810-00010 P eLandia Technologies, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 08/29/2005 eLandia Technologies, Inc. ("eLandia" or the "Petitioner") requests a declaratory ruling that it is in the public interest to permit the indirect foreign ownership of eLandia in excess of the 25 percent benchmark set forth in section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"). eLandia holds broadband PCS licenses for the U.S. Virgin Islands (BTA491) and Bloomington, IL (BTA046). This request is filed in connection with an application for consent to the transfer of de jure control of the PCS radio licenses from R. Allen Stanford to the shareholders of eLandia Solutions, Inc. ("ESI"). See File No. 0002185709. According to the petition, eLandia is 100 percent owned by ESI, a U.S. corporation. Stanford International Bank Limited ("SIBL"), a company organized under the laws of Antigua and Barbuda, holds 59.71 percent of ESI, and certain United States citizens and entities presumed to have their principal places of business in the United States ("Other shareholders") hold the remaining 40.29 percent. SIBL is wholly-owned by Stanford International Bank Holdings Limited ("SIBHL"), which also is organized under the laws of Antigua and Barbuda. SIBHL, in turn, is 100 percent owned by the Stanford Financial Group, a U.S. company that is wholly-owned and controlled by R. Allen Stanford, a U.S. citizen (who also holds citizenship of Antigua and Barbuda). The Commission previously approved the insertion of SIBL and SIBHL into the ownership chain, under section 310(b)(4) of the Act, on July 14, 2005. See International Authorizations Granted, Public Notice, DA 05-2049, rel. July 21, 2005 (File No. ISP-PDR-20050321-00005). Upon consummation of a series of transactions, the indirect ownership interest of R. Allen Stanford and Other shareholders will decline from 59.71 percent to 43.80 percent and from 40.29 percent to 14.60 percent, respectively. The remaining indirect ownership interests in eLandia will be held as follows. W&R South Pacific, L.P. ("WSPLP"), a limited partnership organized under the laws of Washington State that is owned and controlled by Barry and Fay Alailima Rose (through W&R, Inc., an American Samoa corporation) will hold 11.10 percent. Barry and Fay Alailima Rose are both U.S. citizens. The remaining 30.50 percent will be held individually by shareholders of Datec Group, Ltd. ("Datec shareholders"), a Province of New Brunswick corporation. Petitioner states that these shareholders are predominantly from Canada and the Fiji Islands. We find, based on the record, that, out of this 30.50 percent, 17.32 percent will be held in the aggregate by five citizens of Fiji and by two entities, Kelton Investments Limited and Sami Holdings, whose home markets are properly ascribed to Fiji, a World Trade Organization (WTO) Member country. Pursuant to the rules and policies adopted in the Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that it would not serve the public interest to prohibit the indirect foreign ownership of eLandia in excess of the 25 percent benchmark of Section 310(b)(4) of the Communications Act. Specifically, this ruling permits eLandia to be owned indirectly by: (1) the Datec shareholders identified in the record (up to and including an aggregate 30.50 percent equity and voting interest), and (2) SIBL, SIBHL, and R. Allen Stanford (up to and including 43.80 percent equity and voting interests). eLandia may acquire up to and including an additional, aggregate 25 percent indirect foreign equity and/or voting interests from the Datec investors and from other foreign investors (except SIBL, SIBHL, and R. Allen Stanford) without seeking further Commission approval under Section 310(b)(4), subject to the following conditions. First, non-Antiguan and Barbudan foreign ownership of SIBL and SIBHL shall be included in calculating the total indirect foreign ownership of eLandia. Second, no single foreign individual or entity, with the exception of SIBL, SIBHL, and R. Allen Stanford, may acquire indirect equity and/or voting interests in eLandia in excess of 25 percent without prior Commission approval. For purposes of calculating the additional, aggregate 25 percent amount, eLandia shall include the 2.06 percent interests held by the Other shareholders that are presumed to have their principal places of business in the United States, see File No. ISP-PDR-20050321-00005, and the 13.18 percent interests held by the non-Figian Datec shareholders. This ruling is without prejudice to Commission action on the pending applications for the transfer of control filed by ESI. See File No. 0002185709. ITC-214-20050810-00321 E MBI Services Group, 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: 09/02/2005 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules and also to provide service in accordance with Section 63.18(e)(2) of the rules. Page 3 of 9

ITC-214-20050811-00314 E Faith Communications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/02/2005 Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20050812-00315 E Los Angeles InternetExchange International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 09/02/2005 Application for authroity to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20050812-00318 E Voyport 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: 09/02/2005 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20050815-00322 E Voice Data Technologies of USA, 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: 09/02/2005 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules and also to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20050816-00325 E Switch Business Solutions, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/02/2005 Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20050817-00327 E VOIP Telcom 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: 09/02/2005 Application for authority to provide facilities-based service in accordance with Section 63.18(e)(1) of the rules and also to provide service in accordance with Section 63.18(e)(2) of the rules. Page 4 of 9

ITC-ASG-20050804-00305 E Comtel Telcom Assets LP Assignment Grant of Authority Date of Action: 09/02/2005 Current Licensee: Excel Telecommunications, Inc., Debtor-in-Possession FROM: Excel Telecommunications, Inc., Debtor-in-Possession TO: Comtel Telcom Assets LP Application for consent to assign the Section 214 authorization (File No. ITC-214-1990330-00053), held by Excel Telecommunications, Inc., Debtor-in-Possession (Excel) and substantially all of the assets of Vartec Telecom, Inc., Debtor-in-Possession, and its two subsidiaries, Vartec Solutions, Inc., Debtor-in-Possession, and Excel (VarTec Companies), to Comtel Telcom Assets LP (Comtel), a subsidiary of Comtel Assets Corp. and Comtel Assets, Inc. Pursuant to the Asset Purchase Agreement (APA) that was incorporated into the July 29, 2005 Bankruptcy Court Order (Case No. 04-81694-SAF-11, http://docs.bmccorp.net/Vartec/docs/txnb_3-04-bk-81694_1663.pdf) that approved the sale of the assets of the VarTec Companies, Comtel will acquire from the VarTec Companies substantially all of the assets, including all telecommunications equipment, customer accounts and records, business records, licenses and permits. After the acquisition, the Section 214 authorization of Excel will be assigned to Comtel and Excel will no longer hold its authorization to provide international telecommunications services. To the extent Comtel Virginia LLC, a wholly owned subsidiary of Comtel, engages in the provision of international telecommunications service, it will do so pursuant to the authorizations assigned to Comtel. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-ASG-20050804-00306 E Comtel Telcom Assets LP Assignment Grant of Authority Date of Action: 09/02/2005 Current Licensee: VarTec Solutions, Inc., Debtor-in-Possession FROM: VarTec Solutions, Inc., Debtor-in-Possession TO: Comtel Telcom Assets LP Application for consent to assign the Section 214 authorization (File No. ITC-214-19970415-00212), held by Vartec Solutions, Inc., Debtor-in-Possession (VarTec Solutions) and substantially all of the assets of Vartec Telecom, Inc., Debtor-in-Possession, and its two subsidiaries, Excel Telecommunications, Inc., Debtor-in-Possession and VarTec Solutions (VarTec Companies), to Comtel Telcom Assets LP (Comtel), a subsidiary of Comtel Assets Corp. and Comtel Assets, Inc. Pursuant to the Asset Purchase Agreement (APA) that was incorporated into the July 29, 2005 Bankruptcy Court Order (Case No. 04-81694-SAF-11, http://docs.bmccorp.net/Vartec/docs/txnb_3-04-bk-81694_1663.pdf) that approved the sale of assets of the VarTec Companies, Comtel will acquire from the VarTec Companies substantially all of the assets, including all telecommunications equipment, customer accounts and records, business records, licenses and permits. After the acquisition, the Section 214 authorization of Vartec Solutions will be assigned to Comtel and Vartec Solutions will no longer hold its authorization to provide international telecommunications services. To the extent Comtel Virginia LLC, a wholly owned subsidiary of Comtel, engages in the provision of international telecommunications service, it will do so pursuant to the authorizations assigned to Comtel. This authorization is without prejudice to the Commission's action on any other related pending application(s). Page 5 of 9

ITC-ASG-20050805-00307 E Comtel Telcom Assets LP Assignment Grant of Authority Date of Action: 09/02/2005 Current Licensee: VarTec Telecom, Inc., Debtor-in-Possession FROM: VarTec Telecom, Inc., Debtor-in-Possession TO: Comtel Telcom Assets LP Application for consent to assign the Section 214 authorization (File No. ITC-214-19900713-00004), held by VarTec Telecom, Inc., Debtor-in-Possession (VarTec) and substantially all of the assets of Vartec Telecom, Inc., Debtor-in-Possession, and its two subsidiaries, Excel Telecommunications, Inc., Debtor-in-Possession and Vartec (VarTec Companies), to Comtel Telcom Assets LP (Comtel), a subsidiary of Comtel Assets Corp. and Comtel Assets, Inc. Pursuant to the Asset Purchase Agreement (APA) that was incorporated into the July 29, 2005 Bankruptcy Court Order (Case No. 04-81694-SAF-11, http://docs.bmccorp.net/Vartec/docs/txnb_3-04-bk-81694_1663.pdf) that approved the sale of assets of the VarTec Companies, Comtel will acquire from the VarTec Companies substantially all of the assets, including all telecommunications equipment, customer accounts and records, business records, licenses and permits. After the acquisition, the Section 214 authorization of VarTec will be assigned to Comtel and Vartec will no longer hold its authorization to provide international telecommunications services. To the extent Comtel Virginia LLC, a wholly owned subsidiary of Comtel, engages in the provision of international telecommunications service, it will do so pursuant to the authorizations assigned to Comtel. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20050715-00266 E American Fiber Network, Inc. Transfer of Control Grant of Authority Date of Action: 09/02/2005 Current Licensee: AMERICAN FIBER NETWORK, INC. FROM: American Fiber Network, Inc. TO: MobilePro Corporation Application for consent to transfer control of the international Section 214 authorization (File No. ITC-214-19990908-00561), held by American Fiber Network, Inc. (AFN), a company wholly owned by Mr. Bethell, from AFN to Mobilepro Corporation (Mobilepro), a publicly traded company that provides domestic telecommunications services through CloseCall America, Inc., Affinity Telecom, Inc. and Davel Communications, Inc., its three (3) wholly owned subsidiaries. Pursuant to a merger agreement (Agreement), AFN will be merged with and into AFN Acquisition Corp. (AFNAC), a newly formed, wholly owned subsidiary of Mobilepro. AFNAC will then change its name to American Fiber Network, Inc. which will survive the merger as a wholly owned subsidiary of Mobilepro. Under the Agreement, Mr. Bethell will receive a combination of cash and Mobilepro stock and will continue to run the day-to-day operations of AFN. This authorization is without prejudice to the Commission's action on any other related pending application(s). INFORMATIVE ITC-214-19961001-00475 Connecticut Broadband LLC By letter dated August 31, 2005, Applicant notified the Commission that it changed its name from Partner Communication LLC to Connecticut Broadband LLC. ITC-214-20041221-00511 NORTHEASTERN ARKANSAS TELEPHONE AND TRANSPORT, LLC By letter dated April 14, 2005, applicant requested an ITC-214 number for file number ITC-ASG-20041221-00499, which was assigned to Northeastern Arkansas Telephone and Transport, L.L.C. by Cingular Wireless LLC. The assignment was granted on PN DA No. 05-372, released 2/10/05. 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, Barbados, Colombia, Chile, El Salvador, Taiwan, Nicaragua, Turkey, Peru, Morocco, Ghana, Page Bolivia, 7 of 9Guyana, Mongolia, Zimbabwe, Gambia, Nigeria,

Salvador, Taiwan, Nicaragua, Turkey, Peru, Morocco, Ghana, Bolivia, Guyana, Mongolia, Zimbabwe, Gambia, Nigeria, Bangladesh, Indonesia, Tunisia, Qatar, Oman, Mauritius, New Caledonia, Guniea, Suriname, and Fiji Islands. (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, Barbados, Colombia, Chile, El Salvador, Taiwan, Nicaragua, Turkey, Peru, Morocco, Ghana, Bolivia, Guyana, Mongolia, Zimbabwe, Gambia, Nigeria, Bangladesh, Indonesia, Tunisia, Qatar, Oman, Mauritius, and New Caledonia, Guniea, Suriname, and Fiji Islands. (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. See also: http:www.fcc.gov/ib/pd/pf/csmanual.html (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 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). (16) 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 Page 8 of 9

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/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 9 of 9


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Document Modified: 2019-04-08 02:32:35
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