Public Notice TEL01055

International Telecommunications

Action Taken Public Notice

2006-08-10

FCC.report > IB > Public Notices > TEL01055

9 Filings Included [expand]

IBFS_PN_518061

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. 06-1614 Report No. TEL-01055 Thursday August 10, 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. Page 1 of 8

ISP-PDR-20060221-00003 P Telemetrix Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 08/07/2006 Telemetrix Inc. (Telemetrix) requests a declaratory ruling that it is in the public interest to permit indirect foreign ownership of its wholly-owned subsidiary, Tracy Corporation II (Tracy II), in excess of the 25 percent benchmark set forth in section 310(b)(4) of the Communications Act of 1934, as amended. Tracy II holds twenty-eight (28) Commercial Mobile Radio Service licenses. Specifically, Tracy II holds a Personal Communications Service license for Basic Trading Area 411, KNLF407, which serves the geographic area of Scottsbluff, Nebraska and western Wyoming; and twenty-seven (27) paging and mobile telephone licenses serving various locations in Western Nebraska, Eastern Wyoming, and Northeastern Colorado. Telemetrix filed its petition in connection with a pending application for consent to transfer control of Telemetrix and its wholly-owned subsidiary, Tracey II, to a group of shareholders that will consist of certain existing foreign shareholders of Telemetrix and new foreign investors. See ULS File Number 0002156736. Telemetrix requests that the Commission approve the 70.76 percent indirect foreign ownership of Tracy II that would result from the proposed transfer of control. According to the petition, Tracy II is a Nebraska corporation, and Telemetrix is a publicly-held Delaware corporation. Upon consummation of the transaction, foreign ownership of Telemetrix will be held as follows: (1) Hartford Holdings Ltd. (8.30%) and certain related individuals and entities (in the aggregate, an additional 2.20%); (2) Becker Capital Management LLC (BCM) (23.10%); (3) Tower Gate Finance Ltd. (TGF) (11.09%); and (4) Nyssen LP (26.07%). Hartford Holdings Ltd. is a Cayman Islands, British West Indies corporation, wholly owned and controlled by Mr. William Becker, a citizen of Canada. BCM is a Colorado limited liability company whose sole members are Mr. Becker and his sons, Larry Becker and Lorn Becker, both of whom also are citizens of Canada. TGF is a wholly-owned subsidiary of Tower Gate Limited, and both TGF and its parent are organized under the laws of the United Kingdom. Tower Gate Limited is majority-owned and controlled by Matthew Hudson, a British subject. Nyssen LP is a U.K. limited partnership that is controlled by Mr. Hudson and his wife, Katherine Hudson, also a British subject. Canada and the United Kingdom, including the Cayman Islands, are World Trade Organization Member (WTO) countries. Pursuant to the rules and policies established by the Commission's 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 Telemetrix in excess of the 25 percent benchmark of section 310(b)(4) of the Communications Act. Specifically, this ruling permits Tracey II to be owned indirectly by: Hartford Holdings Ltd. and its Canadian shareholder William Becker (up to and including 8.30% of the equity and voting interests); certain related individuals (William Becker, Larry Becker, Lorn Becker, Canadian citizens, and Christine Becker, British subject, individually and/or through BCM, a Colorado corporation) (up to and including 23.22% of the equity and voting interests); TGF and Tower Gate Limited, each of which is a corporation formed under the laws of the United Kingdom, and Tower Gate Limited's majority shareholder Matthew Hudson, a British subject (up to and including 11.09% of the equity and voting interests); and Nyssen LP, a U.K. limited partnership owned and controlled by Matthew and Katherine Hudson, British subjects (up to and including 26.07% of the equity and voting interests). In addition to these 68.68% foreign equity and voting interests, Tracey II also may accept up to and including an additional, aggregate 25 percent indirect equity and/or voting interests from the above named foreign investors, or other foreign investors, without seeking further Commission approval under section 310(b)(4), subject to the following conditions: (1) No single foreign investor, with the exception of Nyssen LP, may acquire an indirect equity or voting interest in Tracey II in excess of 25 percent without prior Commission approval under section 310(b)(4); and (2) Tracey II shall seek approval under section 310(b)(4) before it accepts any additional indirect equity and/or voting interest from Nyssen LP, other than that specifically approved here. Compliance with this ruling requires that Tracey II count the following foreign equity and voting interests as part of the additional, aggregate 25 percent amount that it may accept from foreign investors without first seeking Commission approval: the 2.08% interest attributable to Wyse Investments Ltd., Vintage Investments Ltd., Ionian Investments Ltd., and Adara Investments Ltd.; and the 0.64% (5.77% x 11.09%) interest attributable to the minority shareholders of Tower Gate Limited. The record does not contain sufficient information to determine the citizenship or principal place of business of these investors. We emphasize that, as a Commission licensee, Tracey II has an affirmative duty to continue to monitor its foreign equity and voting interests and to calculate these interests consistent with the attribution principles enunciated by the Commission. This authorization is without prejudice to the Commission's action on any other related pending application(s). Page 2 of 8

ITC-214-20060407-00231 E ASTERISCO COMMUNICATIONS International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/04/2006 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-214-20060518-00280 E Zulu Distribution Coporation International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/04/2006 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-214-20060712-00349 E BRISTOL TENNESSEE ELECTRIC SYSTEM International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/04/2006 Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-214-20060720-00358 E East Texas Rural Net, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/04/2006 Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. ITC-T/C-20060407-00244 E Skyport International, Inc. Transfer of Control Grant of Authority Date of Action: 08/04/2006 Current Licensee: SkyPort International, Inc. FROM: CenturyTel, Inc. TO: Balaton Group, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-19990211-00083, held by SkyPort International, Inc. (SkyPort), to Balaton Group, Inc. (Balaton), a private equity firm that is organized under the laws of Canada. CenturyTel, Inc. (CenturyTel) currently controls approximately 65 percent of the voting interests in SkyComm Technologies Corporation (SkyComm), which wholly owns SkyPort. Balaton is wholly owned by five Canadian citizens. The contemplated transaction is an agreement pursuant to which Balaton will acquire approximately 84 percent of the issued and outstanding stock of SkyComm. The remaining 16 percent of SkyComm will be owned by SkyComm's existing shareholders, all of whom will hold interests of less than 5 percent. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on August 3, 2006, by the United States of Justice (DOJ), including the Federal Bureau of Investigation (FBI), together with the United States Department of Homeland Security (DHS) (collectively, the Executive Branch Agencies). Accordingly, we condition grant of this application on the Applicants abiding by the commitments made by Skyport International, Inc., SkyComm Technologies Corporation, and the Balaton Group Inc. (Balaton) (collectively, the Applicants) to the Executive Branch Agencies to address national security, law enforcement, and public safety concerns contained on their July 31, 2006 letter to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert (July 31, 2006 Assurances Letter). The Petition and the July 31, 2006 Assurances Letter are publicly available in the record of this proceeding and maybe viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20060407-00244 and accessing the "Attachment Menu" from the Document Viewing area. This authorization is without prejudice to the Commission's action on any other related pending application(s). Page 3 of 8

ITC-T/C-20060512-00271 E Des Vieux Telecoms, Inc. Transfer of Control Grant of Authority Date of Action: 08/04/2006 Current Licensee: Des Vieux Telecoms, Inc. FROM: TeleOne (HK) Limited TO: Cable & Wireless Panama, S.A. Application for consent to transfer control of international section 214 authorization, ITC-214-20041222-00490, held by Des Vieux Telecoms, Inc. ("Des Vieux"), from its 100 percent parent company, TeleOne (HK) Limited ("TeleOne"), to Cable & Wireless Panama, S.A. ("C&W Panama"), a Panama corporation. C&W Panama is 49 percent owned and controlled by Cable & Wireless plc ("C&W"), a United Kingdom company that currently holds an indirect majority ownership interest in TeleOne and, in turn, in Des Vieux. The government of Panama holds a 49 percent non-controlling ownership interest in C&W Panama, with the remaining 2 percent interest held by Banco General S.A., a Panamanian bank. Pursuant to a Stock Purchase Agreement entered into by TeleOne and C&W Panama on March 20, 2006, C&W Panama will purchase from TeleOne all of the issued and outstanding shares of capital stock of Des Vieux. Pursuant to section 63.10 of the rules, C&W Panama agrees to accept dominant carrier classification of Des Vieux on the following U.S.-international routes where Des Vieux currently is classified as dominant due to C&W's ownership interest in Des Vieux: Anguilla, Antigua and Barbuda, Ascension Island, Barbados, Bermuda, British Virgin Islands, Cayman Islands, China, Diego Garcia, Dominica, Falkland Islands, Fiji, Grenada, Guernsey, Jamaica, Macau, Maldives, Montserrat, Panama, St. Helena, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Solomon Islands, Trinidad and Tobago, and Turks and Caicos, without prejudice to its right to petition for reclassification at a later date. C&W Panama requests reclassification of Des Vieux as a non-dominant carrier in the provision of service between the United States and Angola, Guinea-Bissau, Mozambique and Portugal. It states that, as a result of the proposed transaction, Des Vieux will no longer be affiliated with foreign carriers in these countries. The section 214 authorization held by Des Vieux excludes authority to serve Cape Verde, Cuba, East Timor, Russia, Seychelles, Sao Tome and Principe, and Vanuata. It is also subject to the condition that Des Vieux and its foreign carrier affiliates in Jamaica and St. Kitts and Nevis not engage in anticompetitive actions that would provide Des Vieux with an unfair advantage in the U.S. international services market. See Public Notice, International Authorizations Granted, DA 05-1028, rel. Apr. 7, 2005 (granting ITC-214-20041222-00490). This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20060726-00365 E Intelsat General Corporation Transfer of Control Grant of Authority Date of Action: 08/09/2006 Current Licensee: Intelsat General Corporation FROM: Intelsat (Bermuda), Ltd. TO: Intelsat Intermediate Holding Company, Ltd. Notification filed July 26, 2006, of the pro forma transfer of control of international section 214 authorization, ITC-214-20040528-00213, held by Intelsat General Corporation (Intelsat General) from Intelsat (Bermuda) Ltd. (Intelsat (Bermuda)) to Intelsat Intermediate Holding Company, Ltd. (Intelsat Intermediate Holding), effective July 3, 2006. Intelsat Intermediate, a newly created Bermuda company, has been interposed as a 100 percent owned holding company between Intelsat (Bermuda) and Intelsat General. Intelsat (Bermuda) assigned all of its assets to Intelsat Intermediate Holding, and Intelsat Intermediate Holding has assumed all of the liabilities of Intelsat (Bermuda). Intelsat (Bermuda), Intelsat Intermediate Holding and Intelsat General are all wholly-owned indirect subsidiaries of Intelsat Holdings, Ltd. Page 4 of 8

ITC-T/C-20060727-00371 E Intelsat USA License Corp. Transfer of Control Grant of Authority Date of Action: 08/09/2006 Current Licensee: Intelsat USA License Corp. FROM: Intelsat (Bermuda), Ltd. TO: Intelsat Intermediate Holding Company, Ltd. Notification filed July 27, 2006, of the pro forma transfer of control of international section 214 authorizations, ITC-214-20051031-00443, ITC-214-19920318-00117, and ITC-214-19930829-00248, held by Intelsat USA License Corp. (Intelsat USA License), from Intelsat (Bermuda) Ltd. (Intelsat (Bermuda)), to Intelsat Intermediate Holding Company, Ltd. (Intelsat Intermediate Holding), effective July 3, 2006. Intelsat Intermediate, a newly created Bermuda company, has been interposed as a 100 percent owned holding company between Intelsat (Bermuda) and Intelsat USA License. Intelsat (Bermuda) assigned all of its assets to Intelsat Intermediate Holding, and Intelsat Intermediate Holding has assumed all of the liabilities of Intelsat (Bermuda). Intelsat (Bermuda), Intelsat Intermediate Holding and Intelsat USA License are all wholly-owned indirect subsidiaries of Intelsat Holdings, Ltd. Page 5 of 8

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, 6 of 8Guyana, 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 7 of 8

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 8 of 8


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