Public Notice TEL01144

International Telecommunications

Action Taken Public Notice

2007-05-10

FCC.report > IB > Public Notices > TEL01144

10 Filings Included [expand]

IBFS_PN_565689

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. 07-2041 Report No. TEL-01144 Thursday May 10, 2007 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-20070309-00003 P SunCom Wireless Holdings, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 05/08/2007 SunCom Wireless Holdings, Inc. (SunCom) requests a declaratory ruling (Petition) that the Commission find permissible the indirect foreign ownership of Triton PCS License Company LLC (Triton) and AWS License Newco, LLC (AWS) in excess of the 25 percent benchmark set forth in section 310(b)(4) of the Communications Act, as amended (the "Act"). Specifically, SunCom requests a declaratory ruling that it is in the public interest to permit indirect foreign investment in Triton and AWS of 49.79% equity interests and 32.42% voting interests. This request is filed in connection with applications for consent to transfer control of SunCom from its current shareholders to new shareholders. Triton and AWS hold numerous common carrier wireless licenses under Parts 22, 24 and 101 of the Commission's rules (see ULS File Nos. 0002914078 (Triton) and 0002914081 (AWS)). According to the Petition, Triton and AWS are both limited liability companies formed under the laws of Delaware. AWS is a wholly-owned subsidiary of Triton, which is in turn a wholly-owned, indirect subsidiary of SunCom. SunCom is a publicly-traded corporation formed under the laws of Delaware, whose shares are currently traded over-the-counter. Pursuant to an Exchange Agreement dated January 31, 2007, between SunCom and certain holders of outstanding notes of SunCom Wireless Inc. (SunCom Wireless), an indirect, wholly-owned subsidiary of SunCom, SunCom will issue shares of its Class A common stock in exchange for outstanding notes of SunCom Wireless. In addition, SunCom will conduct an internal merger in order to implement a 1 for 10 reverse stock split. According to the Petition, as a result of the proposed transaction 17 current Noteholders of SunCom Wireless will exchange their notes for shares and, together with the shares of SunCom stock currently held by three of the Noteholders, will hold 92.35% of the outstanding shares of SunCom stock. The Petition states that as a result of the proposed transaction the foreign ownership of SunCom, and therefore the indirect foreign ownership of Triton and AWS, will exceed the 25 percent benchmark set forth in section 310(b)(4). According to SunCom, the aggregate foreign equity ownership is expected to be approximately 49.79%, of which 43.63% is expected to be from WTO Member countries, with 6.15% from non-WTO Members countries or unidentified countries. With regard to voting interests, the Petition calculates that foreign voting interests in SunCom will be approximately 32.42%, with 23.51% from WTO Member countries and 8.91% from non-WTO Member or unidentified countries. The specific foreign ownership interests held through the various groups of investment funds and other shareholders are set out in the Petition. 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), we find that the indirect foreign ownership of Triton and AWS in excess of 25 percent is consistent with the public interest. Specifically, this ruling permits Triton PCS License Company LLC and AWS License Newco, LLC to be owned indirectly by: (1) the five investment funds identified in the Petition that are organized in the Cayman Islands and Bermuda (up to and including an aggregate 48.31% of the equity and voting interests); (2) foreign citizens or entities from WTO Member countries that hold direct or indirect equity or voting interests through the various groups of investment funds and other shareholders of SunCom Wireless Holding Inc. as specified in the Petition (up to and including an aggregate 43.63% of the equity interests and 45.43% of the voting interests). Triton and AWS may accept up to and including an additional 25 percent indirect equity and voting interest from these foreign investors and from other foreign investors without seeking prior Commission approval under section 310(b)(4) of the Act subject to the condition that Triton and AWS shall obtain prior approval before any foreign individual or entity acquires individually a greater-than-25-percent indirect equity or voting interest in Triton and AWS. For purposes of calculating the additional, aggregate 25 percent amount, Triton and AWS shall include the 6.15% equity interest and 9.02% voting interest held by investors from non-WTO Member countries or unidentified countries as well as any additional equity or voting interests acquired by its current foreign investors or new foreign investors. Triton and AWS shall also treat as foreign investment any future investment by JPMorgan Chase & Co., The Goldman Sachs Group, Inc., and Dimensional Fund Advisors LP and by any fund in which they hold a controlling interest, unless and until JPMorgan Chase & Co., The Goldman Sachs Group, Inc., and Dimensional Fund Advisors LP demonstrate the equity and voting interests held by and through these entities are properly ascribed to the United States. Finally, as a Commission licensee, Triton and AWS have an affirmative duty to continue to monitor their foreign equity and voting interests and to calculate these interests consistent with the attribution principles enunciated by the Commission. We note that our calculation of indirect foreign voting interests in Triton and AWS differs from the calculations in the Petition. Consistent with our foreign ownership case precedent for common carrier licensees, we include insulated limited partnership interests in calculating a licensee's indirect foreign voting interests. See Foreign Ownership Guidelines, 19 FCC Rcd 22612, 22629-30 (Int'l Bur. 2004). We grant the Petition to Adopt Conditions to Authorizations and Licenses (Conditions Petition) filed in this proceeding on April 30, 2007, by the Department of Homeland Security, with the concurrence of the Department of Justice and the Federal Bureau of Investigation. Accordingly, we condition grant of this 310 petition on SunCom Wireless Holdings., Inc. abiding by the commitments and undertakings contained in its April 20, 2007 letter to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert (April 20 Commitment Letter). The Conditions Petition and the April 20 Commitment Letter are publicly available in the record of this proceeding and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20070309-00003 and accessing the "Attachment Menu" from the Document Viewing area. Page 2 of 9

ISP-PDR-20070309-00003 and accessing the "Attachment Menu" from the Document Viewing area. This authorization is without prejudice to the Commission's action on any related pending application(s). ITC-214-20061213-00558 E Telenor Satellite Services, 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: 05/04/2007 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. Applicant agrees to be classified as a dominant international carrier on the US - Norway route under § 63.10 of the Commission's Rules. ITC-214-20070320-00114 E Crest Point Telecom 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: 05/08/2007 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-214-20070323-00119 E Bondtel, 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: 05/08/2007 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-ASG-20070326-00122 E NuVox Transition Subsidiary, LLC Assignment Grant of Authority Date of Action: 05/04/2007 Current Licensee: Florida Digital Network, Inc. d/b/a FDN Communications FROM: FDN Holdings, LLC TO: NuVox Transition Subsidiary, LLC Application for consent to assign international section 214 authorization, ITC-214-19980605-00387, held by Florida Digital Network, Inc., d/b/a FDN Communications (FDN) from FDN Holdings, LLC (Holdings) to NuVox Transition Subsidiary, LLC (NuVox Transition). Southern Digital Network, Inc. d/b/a FDN Communications (SDN), a wholly-owned subsidiary of FDN, provides international service pursuant to FDN's 214 authorization pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h) (see DA 03-1755, rel. May 22, 2003). Pursuant to an Agreement and Plan of Merger, dated March 20, 2007, FDN will merge with and into NuVox Transition, a newly formed subsidiary of NuVox Inc. (NuVox). NuVox Transition will emerge as the surviving entity and will change its name to FDN LLC d/b/a FDN Communications (FDN LLC), with NuVox as the ultimate parent company. After closing, FDN LLC will become the direct parent of SDN and both FDN LLC and SDN will provide international services to FDN customers pursuant to its 214 authorization, ITC-214-19980605-00387. Upon closing, the following entities and individuals, all U.S. citizens, will hold 10 percent or greater equity and voting interests in NuVox: (1) M/C Partners Entities will collectively hold 28.1% of the voting and equity interests, and (2) NSHI Ventures LLC (NSHI) will hold 11.5% of the voting and equity interests. M/C Partners Entities is comprised of (a) M/C Venture Partners V, L.P. (M/C V), in which two state retirement funds hold 12.2% and 11.8% interests respectively. M/C V is controlled by its general partner M/C VP V, L.L.C. and managed by six individual managers; (b) M/C Investors L.L.C., a limited liability company controlled by five individual managers; (c) Media/Communications Partners III Limited Partnership, which is controlled by general partner M/C III L.L.C. and managed by five individual managers; and (d) Chestnut Venture Partners, L.P., which is controlled by general partner Chestnut Street Partners, Inc., whose president and sole shareholder is David D. Croll. NSHI's managing member and 98% owner is limited partnership investment fund KKR 1996 Fund L.P. (Fund L.P.). Fund L.P.'s two largest limited partnership interests of approx. 13% each are held by two state retirement funds, and its sole general partner is KKR Associates 1996 L.P. (Associates L.P.). The sole general partner of Associates L.P. is KKR 1996 GP LLC, and it is managed by two individual managers. No other person or entity will hold 10 percent or greater direct or indirect voting or equity interests in NuVox. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-ASG-20070326-00123 E McLeodUSA Telecommunications Services, Inc. Assignment Grant of Authority Date of Action: 05/04/2007 Current Licensee: Mpower Communications Corp. FROM: Mpower Communications Corp. TO: McLeodUSA Telecommunications Services, Inc. Application for consent to assign certain customer accounts and assets from Mpower Communications Corp. (Mpower), to McLeodUSA Telecommunications Services, Inc. (McLeodUSA), a wholly-owned subsidiary of McLeodUSA Holdings, Inc. (McLeodUSA Holdings). Pursuant to an asset purchase agreement dated March 23, 2007, Mpower will assign its customers and related assets in Chicago, Illinois to McLeodUSA. Upon consummation, Mpower will continue to provide services to its remaining customers pursuant to its international section 214 authorization, ITC-214-19970731-00440. McLeod will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-19930827-00153. McLeodUSA Holdings is a wholly-owned subsidiary of McLeodUSA Incorporated, in which the following two U.S. entities hold 10 percent or greater equity and voting interests: Wayzata Investment Partners LLC (Wayzata) (28.7%) and Fidelity Investments (30.5%). Wayzata's interest is held by several individual investment funds none of which individually holds or controls 10% or greater indirect interest in McLeodUSA. Fidelity Investments' interest is held through several individual investment funds of which only Fidelity Adv Ser II:Adv.High Income Advtg (Fidelity Adv Ser II) holds an indirect 10% or greater interest amounting to approximately 16.38%. No other person or entity will hold 10 percent or greater direct or indirect equity or voting interests in McLeodUSA. This authorization is without prejudice to the Commission's action on any other related pending application(s). Page 4 of 9

ITC-T/C-20070309-00102 E Triton PCS License Company, LLC Transfer of Control Grant of Authority Date of Action: 05/09/2007 Current Licensee: Triton PCS License Company, LLC FROM: SunCom Wireless Holdings, Inc. TO: SunCom Wireless Holdings, Inc. Application for consent to transfer control of international section 214 authorization, ITC-214-20010308-00124, held by Triton PCS License Company, LLC (Triton), from current shareholders of its indirect 100% parent, SunCom Wireless Holdings, Inc. (SunCom), to new shareholders of SunCom. AWS License Newco LLC, a wholly-owned subsidiary of Triton, also provides international services under ITC-214-20010308-00124, pursuant to 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h) (see DA 07-1623, rel. Apr. 5, 2007). Pursuant to an Exchange Agreement dated January 31, 2007, between SunCom and certain holders of outstanding notes of SunCom Wireless Inc. (SunCom Wireless), an indirect, wholly-owned subsidiary of SunCom, SunCom will issue shares of its Class A common stock in exchange for outstanding notes of SunCom Wireless. In addition, SunCom will conduct an internal merger in order to implement a 1 for 10 reverse stock split. Under the proposed transaction 17 current Noteholders of SunCom Wireless will exchange their notes for shares of SunCom. As a result 87.74% of SunCom's stock will be changing hands. In addition, eight of ten members of SunCom's board of directors will be newly appointed. Upon closing, the following entities will have a 10 percent or greater equity interest in SunCom: Pardus European Special Opportunities Master Fund L.P., a Cayman Islands entity (18.87%); Highland Crusador Offshore Partners, LP., a Bermuda entity (16.68%); and American High Income Trust, U.S. entity (13.12%). The following entities will have a 10 percent or greater voting interest in SunCom: Highland Capital Management, L.P. (27.89%); funds managed by Capital Research and Management Company (23.06%); Pardus Capital Management L.P. (18.87%); and, DiMaio Ahmad Capital LLC (11.28%). No other person or entity will hold a 10 percent or greater direct or indirect equity or voting interest in Triton. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Conditions Petition) filed in this proceeding on April 30, 2007, by the Department of Homeland Security, with the concurrence of the Department of Justice and the Federal Bureau of Investigation. Accordingly, we condition grant of this application on SunCom Wireless Holdings., Inc. abiding by the commitments and undertakings contained in its April 20, 2007 letter to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert (April 20 Commitment Letter). The Conditions Petition and the April 20 Commitment Letter are publicly available in the record of this proceeding and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20070309-00102 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). ITC-T/C-20070410-00139 E KGM Circuit Solutions, LLC Transfer of Control Grant of Authority Date of Action: 05/04/2007 Current Licensee: KGM Circuit Solutions, LLC FROM: KGM Circuit Solutions, LLC TO: WESTCOM HOLDING CORP. Application for consent to transfer control of international section 214 authorization, ITC-214-20021121-00575, held by KGM Circuit Solutions, LLC (KGM) to WestCom Holding Corp. (WestCom Holding). Pursuant to a Purchase Agreement entered into between KGM and WestCom Holding and its operating subsidiaries, WestCom Holding acquired 100 percent equity and voting interest in KGM on October 27, 2006, without prior Commission approval. Upon closing, KGM became an indirect wholly-owned subsidiary of WestCom Holding. The following entities and individual hold 10 percent or greater direct equity and voting interests in WestCom Holding: One Equity Partners, LLC (One Equity Partners) (62.67 %); Michael Hirtenstein (20%); and Bank of America Capital Investors L.P. (17.33%). One Equity Partners is 100% indirect subsidiary of JP Morgan Chase & Co. through a series of wholly-owned subsidiaries. Bank of America Capital Investors L.P. is an indirect 100% subsidiary of Bank of America Corporation. No other entity, directly or indirectly, holds 10 percent or greater equity or voting interests in WestCom Holdings. Grant of this application is without prejudice to any enforcement action by the Commission for non-compliance with the Commission's rules. This authorization is without prejudice to the Commission's action on any other related pending application(s). Page 5 of 9

ITC-T/C-20070410-00141 E KGM Circuit Solutions, LLC Transfer of Control Grant of Authority Date of Action: 05/04/2007 Current Licensee: KGM Circuit Solutions, LLC FROM: WestCom Holding Corp. TO: IPC Systems, Inc. Application for consent to transfer control of international section 214 authorization ITC-214-20021121-00575, held by KGM Circuit Solutions, LLC (KGM), from WestCom Holding Corp. (WHC), to IPC Systems, Inc. (IPC). Pursuant to an Agreement and Plan of Merger dated March 26, 2007, IPC will acquire 100% of the equity and voting interests in WHC by merging Whitehall Merger Corporation, a wholly-owned subsidiary of IPC, with and into WHC, with WHC emerging as the surviving entity. As a result, WHC will become a wholly-owned subsidiary of IPC, thereby transferring control of KGM, a wholly-owned subsidiary of WHC. Upon closing, the following entities will hold 10 percent or greater equity and voting interests in IPC: IPC Acquisition Corp. (100%). IPC Acquisition Corp. will be owned 100% by Silver Lake Equity Partners, LP (Silver Lake). Silver Lake is a widely distributed limited partnership in which no person or entity holds more than 10 percent ownership interest. Its general partner is Silver Lake Technology Associates II, L.L.C. (SLTA II). The managing members of SLTA II are five individuals, none of whom holds a controlling interest in SLTA II. No other person or entity holds 10 percent or greater direct or indirect equity or voting interests in IPC. This authorization is without prejudice to the Commission's action on any other related pending application(s). ITC-T/C-20070508-00179 E COMSAT International, Inc. Transfer of Control Grant of Authority Date of Action: 05/09/2007 Current Licensee: COMSAT International, Inc. FROM: COMSAT International, Inc. TO: CI Holding Corporation Notification filed May 8, 2007 of the pro forma transfer of control of international section 214 authorization, ITC-214-20020306-00105, held by Comsat International Inc. (Comsat International), to CI Holding Corporation (CI Holding), effective April 17, 2007. Pursuant to an internal corporate restructuring, CI Holding was created as an intermediate entity between Comsat International and its 100% direct parent Comsat International Holdings, LLC. GBNet Corporation, a wholly-owned subsidiary of Comsat International, also provides international services under ITC-214-20020306-00105 pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h) (see DA 07-199, rel. Jan. 25, 2007). 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


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Document Modified: 2019-04-06 22:12:28
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