Public Notice TEL01098

International Telecommunications

Action Taken Public Notice

2006-12-21

FCC.report > IB > Public Notices > TEL01098

8 Filings Included [expand]

IBFS_PN_540223

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. 06-2567 Report No. TEL-01098 Thursday December 21, 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 9

ISP-PDR-20060522-00009 P Iowa Wireless Services Holding Corporation Petition for Declaratory Ruling Grant of Authority Date of Action: 12/15/2006 Iowa Wireless Services Holding Corporation (Iowa Wireless or the "Petitioner") requests that we find permissible the indirect foreign ownership of Iowa Wireless in excess of the 49.9 percent interest previously authorized under Section 310(b)(4) of the Communications Act of 1934, as amended. Specifically, Iowa Wireless requests a declaratory ruling approving an increase in the level of indirect foreign ownership in Iowa Wireless by Deutsche Telekom AG (DT) up to and including 60 percent. Iowa Wireless filed its ruling request in connection with an application for consent to transfer control of its broadband PCS licenses from INS Wireless, Inc. to T-Mobile USA, Inc. See ULS 0002618243. According to the petition, Iowa Wireless is a Delaware corporation that is wholly owned by Iowa Wireless Services, LLC (IWS-LLC), a Delaware limited liability company. There are two members of IWS-LLC: INS Wireless, Inc. (INSW), an Iowa corporation that holds a 62 percent interest in IWS-LLC; and VoiceStream PCS I Iowa Corporation (VoiceStream PCS), a Delaware corporation that holds a 38 percent interest in IWS-LLC. VoiceStream PCS is a direct, wholly-owned subsidiary of T-Mobile USA, Inc. (T-Mobile f/k/a VoiceStream Wireless Corporation), a Delaware corporation that is indirectly wholly owned by DT, a corporation organized under the laws of the Federal Republic of Germany, a World Trade Organization Member country. There are three named wholly-owned intermediate subsidiaries between T-Mobile USA and DT (the "named DT subsidiaries"), all of which are organized under the laws of the Federal Republic of Germany. (See ISP-PDR-20060510-00013, granted by Public Notice, DA 06-2441, rel. Nov. 30, 2006). The Federal Republic of Germany (FRG) holds a 14.62% direct interest in DT. Kreditanstalt fur Wiederaufbau (KFW), a bank organized under the laws of the Federal Republic of Germany and controlled by the FRG, holds a 16.63% direct interest in DT. The FRG holds an 80% interest in KFW. See id. Pursuant to an Amended and Restated Credit Agreement and the IWS-LLC limited liability company agreement, if and to the extent certain convertible junior notes and interest on those notes are repaid in cash, VoiceStream PCS' ownership interest in IWS-LLC could approach 60 percent over time. Petitioner states that, in order to accommodate the long-term nature of IWS-LLC's payment obligations, and to avoid repetitive and substantially similar applications to request Commission authority to incrementally increase DT's indirect foreign ownership interest in Iowa Wireless, it requests that the Commission find it will not be in the public interest to prohibit DT from indirectly holding an ownership interest in Iowa Wireless of up to and including 60 percent. The Petitioner further requests that the Commission condition grant of this petition on compliance with the provisions of a January 12, 2001 agreement between DT and the Department of Justice and the Federal Bureau of Investigation (citing VoiceStream-DT Order, IB Docket No. 00-187, FCC 01-142, 16 FCC Rcd 9779, 9853-76 (2001)). We find, pursuant to Section 310(b)(4) of the Act and the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), that it would not serve the public interest to prohibit the indirect foreign ownership of Iowa Wireless in an amount up to and including a 60 percent ownership interest by DT and the named DT subsidiaries. Specifically, this ruling permits the indirect foreign ownership of Iowa Wireless by DT (and its German shareholders) and by the named DT subsidiaries in an amount up to and including a 60 percent equity and voting interest. Iowa Wireless may acquire up to and including an additional, aggregate 25 percent indirect equity and/or voting interests from other foreign individuals and entities without seeking further Commission approval under Section 310(b)(4), subject to the following conditions: (1) non-German foreign ownership of DT shall be included in determining the total indirect foreign ownership of Iowa Wireless; (2) no single foreign individual or entity, with the exception of DT and the named DT subsidiaries, may acquire indirect equity and/or voting interests in Iowa Wireless in excess of 25 percent without prior Commission approval; and (3) Iowa Wireless shall seek Commission approval before it accepts any additional indirect investment by the FRG in excess of the amount permitted through its investment in DT. Grant of the Petition is conditioned on compliance with the provisions of the January 12, 2001 Agreement between Deutsche Telekom AG, VoiceStream Wireless Corporation, VoiceStream Wireless Holding Corporation and the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), which addresses national security, law enforcement, and public safety issues. Nothing in the Agreement is intended to limit any obligation imposed by Federal law or regulation including, but not limited to, 47 U.S.C. Section 222(a) and (c)(1) and the FCC's implementing regulations. The Agreement is published at VoiceStream-DT Order, IB Docket No. 00-187, FCC 01-142, 16 FCC Rcd 9779, 9853-76 (2001). This authorization is without prejudice to the Commission's action(s) on any other related pending application(s). Page 2 of 9

ISP-PDR-20061004-00014 P AST Telecom, LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 12/15/2006 AST Telecom, LLC (AST Telecom or "Petitioner"), a winning bidder of an Advanced Wireless Services (AWS) license in Auction No. 66, see DA 06-2179 (rel. Oct. 26, 2006), requests that the Commission find permissible the indirect foreign ownership of AST Telecom in excess of the 25 percent benchmark set forth in Section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4). (See ULS File No. 0002774539). AST Telecom, LLC, a U.S. limited liability company, is a wholly-owned subsidiary of eLandia, Inc. (eLandia), a U.S. corporation. According to the Petitioner, Stanford International Bank Limited (SIBL), a company organized under the laws of Antigua and Barbuda, a World Trade Organization (WTO) Member country, holds 43.84% of the equity and voting interests in eLandia. SIBL, in turn, is wholly-owned by Stanford International Bank Holdings Limited (SIBHL), which is also 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 Petitioner states that 31.17% of the equity and voting interests in eLandia are held by former shareholders of Datec Group Ltd. that have received shares of eLandia (the "Datec shareholders"). According to the Petitioner, these former Datec shareholders predominantly are from Canada and the Fiji Islands, both of which are WTO Member countries. In addition, W&R South Pacific, L.P. (WSPLP), a U.S. limited partnership, holds a 10.83% equity and voting interest in eLandia. WSPLP is owned and controlled by Barry and Fay Alailima Rose, U.S. citizens, through W&R, Inc., a U.S. corporation. The remaining 14.16% equity and voting interests in eLandia are held by "Other" shareholders. The International Bureau has previously approved foreign participation in the ownership structure of AST Telecom and its wholly-owned direct subsidiary American Samoa License, Inc. See International Authorizations Granted, ISP-PDR-20050810-00009, Public Notice, DA 05-2416, 20 FCC Rcd 14520, 14521 (IB 2005) (granting American Samoa License's petition for declaratory ruling under Section 310(b)(4)). Since that ruling, the indirect foreign ownership of AST Telecom has increased slightly, to the levels identified above, due to the retirement of shares held in eLandia by a U.S. citizen. 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 AST Telecom in excess of the 25 percent benchmark of Section 310(b)(4) of the Communications Act. Specifically, this ruling permits the indirect foreign ownership of AST Telecom by (1) SIBL, SIBHL, and R. Allen Stanford (up to and including 43.84% equity and voting interests); and (2) the former Datec shareholders identified in the record as having received shares in AST Telecom's parent, eLandia (up to and including an aggregate 31.17% equity and voting interest). AST Telecom may acquire up to and including an additional, aggregate 25 percent indirect foreign equity and/or voting interests from the former Datec shareholders 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 AST Telcom. 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 AST Telecom in excess of 25 percent without prior Commission approval. For purposes of calculating the additional, aggregate 25 percent amount, AST Telecom shall include the equity and voting interests held by the Other shareholders that Petitioner presumes 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 equity and voting interests held by the non-Figian former Datec shareholders. This authorization is without prejudice to the Commission's action(s) on any other related pending application(s). Page 3 of 9

ITC-214-20061004-00452 E T-Mobile USA, Inc. f/k/a VoiceStream Wireless Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/15/2006 Application for authority to provide services on the U.S.-Uzbekistan and U.S.-Macedonia routes in accordance with Section 63.18(e)(2) of the rules. T-Mobile USA, Inc. agrees to be classified as a dominant carrier on the U.S.-Macedonia route pursuant to Section 63.10 of the Commission's rules, 47 C.F.R. § 63.10. As requested by the Applicant, grant of the application is conditioned on compliance with the provisions of the January 12, 2001 Agreement between Deutsche Telekom AG, VoiceStream Wireless Corporation, VoiceStream Wireless Holding Corporation and the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), which addresses national security, law enforcement, and public safety issues. Nothing in the Agreement is intended to limit any obligation imposed by Federal law or regulation including, but not limited to, 47 U.S.C. Section 222(a) and (c)(1) and the FCC's implementing regulations. The Agreement is published at VoiceStream-DT Order, IB Docket No. 00-187, FCC 01-142, 16 FCC Rcd 9779, 9853-76 (2001). This authorization is without prejudice to the Commission’s action(s) on any other related pending application(s). ITC-214-20061130-00532 E Quattro Broadband Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 12/15/2006 Application for authority to provide service in accordance with Section 63.18(e)(2) of the rules. Page 4 of 9

ITC-T/C-20060922-00441 E Iowa Wireless Services Holding Corporation Transfer of Control Grant of Authority Date of Action: 12/15/2006 Current Licensee: Iowa Wireless Services Holding Corporation FROM: INS Wireless, Inc. TO: VoiceStream PCS I Iowa Corporation Application for consent to transfer control of international section 214 authorization, ITC-214-20020513-00251, held by Iowa Wireless Services Holding Corporation (Iowa Wireless), a Delaware corporation, from INS Wireless, Inc. (INSW), to VoiceStream PCS I Iowa Corporation (VoiceStream PCS), a wholly-owned subsidiary of T-Mobile USA, Inc. (T-Mobile). The contemplated transaction is in connection with the repayment by Iowa Wireless Services, LLC (IWS-LLC), the 100% corporate parent of Iowa Wireless, of certain convertible promissory notes issued by IWS LLC to certain lenders under a Credit Agreement dated February 11, 2004. Pursuant to a Limited Liability Company Agreement dated July 1, 2004, as amended, as of June 23, 2006, INSW holds 50.1% of the "units of membership" interest (Units) in IWS-LLC, and VoiceStream PCS holds 49.9% of the Units. Upon consummation, INSW's interest will be reduced to approximately 46.40% of the Units and VoiceStream PCS's interest will increase to approximately 53.60% of the Units, resulting in the transfer of control of Iowa Wireless from INSW to VoiceStream PCS. Deutsche Telekom (DT), a corporation in Germany, indirectly holds 100% ownership interest in T-Mobile, and in turn VoiceStream PCS. The following two entities hold 10 percent or greater interest in DT: Federal Republic of Germany, governmental entity in Germany, holds 14.62% direct interest, and Kreditanstalt fur Wiederaufbau, a bank controlled by the German government, holds 16.63% direct interest. No other individual or entity holds 10 percent or greater interest in DT. Iowa Wireless agrees to be classified as dominant on the U.S.-Croatia, U.S.-Germany, U.S.-Hungary, U.S.-Macedonia, and U.S.-Slovakia routes, pursuant to Section 63.10 of the Commission's rules, 47 C.F.R. § 63.10. Iowa Wireless will relinquish its existing authority to serve the U.S.-Montenegro route upon consummation of the proposed transaction. As requested by the Applicant, grant of the application is conditioned on compliance with the provisions of the January 12, 2001 Agreement between Deutsche Telekom AG, VoiceStream Wireless Corporation, VoiceStream Wireless Holding Corporation and the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), which addresses national security, law enforcement, and public safety issues. Nothing in the Agreement is intended to limit any obligation imposed by Federal law or regulation including, but not limited to, 47 U.S.C. Section 222(a) and (c)(1) and the FCC's implementing regulations. The Agreement is published at VoiceStream-DT Order, IB Docket No. 00-187, FCC 01-142, 16 FCC Rcd 9779, 9853-76 (2001). This authorization is without prejudice to the Commission’s action(s) on any other related pending application(s). ITC-T/C-20061218-00570 E Telstra Incorporated Transfer of Control Grant of Authority Date of Action: 12/20/2006 Current Licensee: Telstra Incorporated FROM: The Commonwealth of Australia TO: The Commonwealth of Australia Notification filed December 18, 2006 of the pro forma transfer of control of international section 214 authorizations, ITC-214-19970610-00320, ITC-214-19970610-00321, ITC-214-19960610-00238, ITC-214-19960610-00241, ITC-214-19960610-00240, held by Telstra Incorporated (Telstra USA) effective November 24, 2006. Telstra USA is a wholly-owned, indirect subsidiary of Telstra Corporation Limited (Telstra). Pursuant to a global offering, the Commonwealth of Australia (Commonwealth) sold approximately 30% of Telstra's issued shares on November 24, 2006, thereby decreasing its holdings in Telstra from 51.8% to approximately 22% (or 17% if all overallotment options are exercised). Although the Commonwealth lost de jure control of Telstra, it continues to maintain de facto control over Telstra pursuant to certain provisions of the Telstra Corporation Act of 1991, as amended. Page 5 of 9

ITC-T/C-20061218-00571 E Reach Ltd. Transfer of Control Grant of Authority Date of Action: 12/20/2006 Current Licensee: Reach Ltd. FROM: The Commonwealth of Australia TO: The Commonwealth of Australia Notification filed December 18, 2006 of the pro forma transfer of control of international section 214 authorization, ITC-214-20001228-00771, held by Reach Ltd. (Reach) effective November 24, 2006. Reach is a Bermuda joint venture corporation owned in equal parts by PCCW Limited (PCCW) and Telstra Holdings (Bermuda) (Telstra Bermuda), with each having negative control over Reach. Telstra Bermuda is a wholly-owned, indirect subsidiary of Telstra Corporation Limited (Telstra). Pursuant to a global offering, the Commonwealth of Australia (Commonwealth) sold approximately 30% of Telstra's issued shares on November 24, 2006, thereby decreasing its holdings in Telstra from 51.8% to approximately 22% (or 17% if all overallotment options are exercised). Although the Commonwealth lost de jure control of Telstra, it continues to maintain de facto control over Telstra pursuant to certain provisions of the Telstra Corporation Act of 1991, as amended. INFORMATIVE ITC-214-19960315-00009 Central Wisconsin Communications, LLC By letter filed December 4, 2006, Applicant notified the Commission that it changed its name from Central Wisconsin Communications, Inc. d/b/a Solarus Long Distance to Central Wisconsin Communications, LLC effective immediately. 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. 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 9 of 9


Document Created: 2019-04-05 04:34:58
Document Modified: 2019-04-05 04:34:58
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC