Public Notice TEL01034

International Telecommunications

Action Taken Public Notice

2006-06-08

FCC.report > IB > Public Notices > TEL01034

6 Filings Included [expand]

IBFS_PN_504284

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. 06-1235 Report No. TEL-01034 Thursday June 8, 2006 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. ITC-ASG-20060411-00305 P Broadwing Communications, LLC Assignment Grant of Authority Date of Action: 06/07/2006 Current Licensee: Focal Communications Corporation FROM: Focal Communications Corporation TO: Broadwing Communications, LLC Notification filed April 11, 2006 of the pro forma assignment of assets, including customer accounts, from Focal Communications Corporation ("Focal") to Broadwing Communications, LLC ("Broadwing LLC"). Focal and Broadwing LLC are both wholly-owned subsidiaries of Broadwing Communications Corporation. International services were provided to customers through various indirect, wholly-owned subsidiaries of Focal pursuant to section 63.24(h) of the Commission's rules under international section 214 authorization, ITC-214-19970613-00329 (formerly, ITC-97-341). Beginning in April 2005 the customers and assets of the various Focal subsidiaries were assigned to Broadwing LLC. This process was completed on August 30, 2005. Broadwing LLC provides international service pursuant to its international section 214 authorization, ITC-214-20030313-00134. Subsequent to the completion of the assignments of the customers, Focal and its subsidiaries were dissolved via corporate action. Page 1 of 6

ITC-MOD-20060111-00096 P VSNL America Inc. Modification Grant of Authority Date of Action: 06/07/2006 Request to modify the compliance condition imposed on the international section 214 authorization granted to VSNL America, Inc., File No. ITC-214-20030728-00376, Order, Authorization and Certificate, 19 FCC Rcd 16555, 16567-68, 16570, paras. 23-25, 30 (Int'l Bur. 2004) (granting VSNL America international section 214 authority conditioned on compliance with network security agreement). Specifically, applicant requests that the Commission modify the compliance condition to refer to an amendment to the second network security agreement ("Second NSA"), dated December 12, 2005, reached between VSNL Telecommunications (U.S.), Inc., VSNL America, Inc. ("VSNL America"), and Videsh Sanchar Nigam Limited ("VSNL"), on the one hand, and the Department of Justice ("DOJ"), the Federal Bureau of Investigation ("FBI"), the Department of Homeland Security ("DHS"), and the Department of Defense, on the other hand. Applicant advises that Section 8.6 of the Second Agreement provides that the agreement supercedes the network security agreement referred to in the compliance condition. Accordingly, we hereby modify the compliance condition imposed on the international section 214 authorization granted to VSNL America, Inc., ITC-214-20030728-00376, to refer to the Second NSA as amended on Dec. 12, 2005. The Agreement is available as an attachment to this request for modification, ITC-MOD-20060111-00096 in the Commission's International Bureau Filing System. See http://svartifoss2.fcc.gov/servlet/ib.page.FetchAttachment?attachment_key=483750 . ITC-T/C-20060302-00134 E Telecom Colombia USA, Inc. Transfer of Control Grant of Authority Date of Action: 06/07/2006 Current Licensee: Telecom Colombia USA, Inc. FROM: Empresa Nacional de Telecomunicaciones TO: PARAPAT (Fiduciara Cafetera S.A. Fiducafe) Notification filed March 2, 2006 of the pro forma transfer of control of international section 214 authorization, ITC-214-20000905-00546, held by Telecom Colombia USA, Inc. ("TCUSA"), from Empresa Nacional de Telecomunicaciones ("Telecom"), which was 100% owned by the national government of Colombia, to PARAPAT (Fiduciara Cafetera S.A. Fiducafe) ("PARAPAT Trust"), which is controlled by the Colombian national government as trustee. The underlying transaction is Decree 1615/2003 promulgated by the Colombian national government to formalize its decision to liquidate Telecom, and the liquidation process was initialized on or about June 12, 2003. On January 31, 2006, Telecom was dissolved as a legal entity and, by operation of law, the un-liquidated assets of Telecom, including ownership in the shares of TCUSA, were transferred from Telecom to PARAPAT Trust. ITC-T/C-20060320-00163 E NTT America, Inc. Transfer of Control Grant of Authority Date of Action: 06/07/2006 Current Licensee: NTT America, Inc. FROM: NTT USA, Inc. TO: NTT Communications Corporation Notification filed March 20, 2006, of the pro forma transfer of control of international section 214 authorizations, ITC-214-19970127-00043, ITC-214-19970904-00535, and ITC-214-19980713-00481, held by NTT America, Inc., from NTT USA, Inc., to NTT Communications Corporation ("NTT Communications") effective February 17, 2006. Nippon Telegraph and Telephone Corporation ("NTT Corporation"), a publicly traded Japanese telecommunications company, holds 100 percent equity interest in NTT Communications and ownership and controlling interest in NTT America through a series of wholly-owned holding company subsidiaries. As part of a corporate restructuring, on February 17, 2006, NTT Corporation's U.S. subsidiary, NTT USA, Inc., was dissolved and its ownership interest in NTT America was transferred to NTT Corporation's subsidiary in Japan, NTT Communications, as the next existing holding company in the corporate ownership structure. Page 2 of 6

ITC-T/C-20060524-00290 E Embarq Communications, Inc. Transfer of Control Grant of Authority Date of Action: 06/07/2006 Current Licensee: Embarq Communications, Inc. FROM: Sprint Nextel Corporation TO: Embarq Corporation Notification filed on May 24, 2006, of the pro forma transfer of control of international section 214 authorization, ITC-214-20050816-00337, held by Embarq Communications, Inc. ("ECI"), from Sprint Nextel Corporation ("Sprint Nextel") to Embarq Corporation ("Embarq Corp."). Prior to May 17, 2006, Embarq Corp was a direct, wholly owned subsidiary of Sprint Nextel. Effective May 17, 2006, Embarq Corporation became a separate entity through a pro rata distribution of the stock of Embarq Corp. by Sprint Nextel to its shareholders as dividend. ITC-T/C-20060524-00304 P Embarq Communications of Virginia, Inc. Transfer of Control Grant of Authority Date of Action: 06/07/2006 Current Licensee: Embarq Communications of Virginia, Inc. FROM: Sprint Nextel Corporation TO: Embarq Corporation Notification filed on May 24, 2006, of pro forma transfer of control of international section 214 authorization, ITC-214-20050816-00336, held by Embarq Communications of Virginia, Inc. ("ECVI"), from Sprint Nextel Corporation ("Sprint Nextel") to Embarq Corporation ("Embarq Corp."). Prior to May 17, 2006, Embarq Corp was a direct, wholly owned subsidiary of Sprint Nextel. Effective May 17, 2006, Embarq Corporation became a separate entity through a pro rata distribution of the stock of Embarq Corp. by Sprint Nextel to its shareholders as dividend. Page 3 of 6

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, 4 of 6Guyana, 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 5 of 6

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. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). 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 6 of 6


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