Public Notice TEL01361

International Telecommunications

Action Taken Public Notice

2009-05-21

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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. 09-1114 Report No. TEL-01361 Thursday May 21, 2009 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. 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)). 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. 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. Page 1 of 8

ISP-PDR-20080702-00017 P Choice Holdings LLC Petition for Declaratory Ruling Grant of Authority Date of Action: 05/20/2009 Choice Holdings LLC (Choice Holdings or "Petitioner") requests that the Commission extend its existing declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(b)(4), to cover the acquisition, through auction, of Advanced Wireless Services ("AWS") and broadband Personal Communications Services ("PCS") licenses by its subsidiary, Choice Phone, LLC (Choice Phone), to any level of geographic coverage, including a nationwide footprint. Choice Phone was a winning bidder in Auction No. 78. See ULS File Nos. 0003572217 and 0003572218; DA 08-1953 (rel. Aug. 25, 2008). Petitioner states that its earlier ruling authorized the indirect foreign ownership of its subsidiaries, Choice Phone, which holds Specialized Mobile Radio licenses and 700 MHz licenses, and Wave Runner, which holds broadband PCS radio licenses. See DA 07-3402 (rel. July 26, 2007), DA 08-1223 (rel. May 29, 2008). Choice Holdings, Choice Phone, and Wave Runner are limited liability companies organized under the laws of Guam. See ULS File No. 0003476539. According to the petition, Choice Holdings holds directly approximately 100 percent of the equity and voting interests in Choice Phone and Wave Runner. Richard C. Yu, a U.S. citizen, holds directly less than 1 percent of the equity and voting interests in each carrier. The following individuals hold direct equity and voting interests in Choice Holdings: (1) Ronnie S. Lim, a citizen of the Philippines, a World Trade Organization (WTO) Member country (25%), (2) Richard C. Yu, a U.S. citizen (28%), (3) Jeselyn T. Yu, a U.S. citizen (18%), and (4) Angelie C. Ong, a U.S. citizen (29%). According to the petition, Mr. Yu is the Managing Member of, and holds de facto control over, Choice Holdings, Choice Phone, and Wave Runner. The petition states that no other individual holds de facto control, and no change is expected to be made to the current control of the companies. The petition also states that Mr. Lim will acquire an additional 10 percent direct equity and voting interest in Choice Holdings from Mr. Yu, thereby exceeding the 25 percent benchmark in section 310(b)(4) of the Act. Mr. Yu will continue to function as Managing Member of, and maintain de facto control over, Choice Holdings, Choice Phone, and Wave Runner. Choice Holdings also represents that it previously entered into an agreement with the Department of Justice, Department of Homeland Security, and the Federal Bureau of Investigation in connection with the proposed foreign ownership increase. See ISP-PDR-20050624-00008. Petitioner represents that this agreement remains in effect and that it intends to continue its compliance with the conditions established therein with respect to any newly acquired licenses. Pursuant to section 310(b)(4) 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 public interest would be served by granting the Petitioner's request as to the specific licenses it won in Auction No. 78, subject to the condition specified below. Accordingly, we extend the existing foreign ownership ruling for Choice Holdings to cover the specific licenses that its subsidiary, Choice Phone, won in Auction No. 78. We condition our grant of the petition for declaratory ruling on Choice Holdings continuing to abide by its commitments and undertakings contained in its July 19, 2007 letter to Sigal P. Mandelker, Elaine N. Lammert, and Stewart A. Baker (July 19, 2007 Commitment Letter). The July 19, 2007 Commitment Letter is publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for ISP-PDR-20080702-00017 and accessing the "Other Filings Menu" from the Document Viewing Area. This ruling is without prejudice to the Commission's action in any other related pending proceedings. ITC-214-20080715-00320 E Global-Tech Comm, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/11/2009 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20090114-00016 E iKappa LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/11/2009 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20090401-00143 E Megatel Netcom Corporation International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/14/2009 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). Page 2 of 8

ITC-214-20090402-00144 E Hi Pro Solutions 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: 05/13/2009 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20090413-00158 E Kasson & Mantorville Telephone Company International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/08/2009 Application for authority to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(2). ITC-214-20090413-00163 E PennyDial, 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: 05/08/2009 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20090416-00165 E Marco Polo Communications Group, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service Grant of Authority Date of Action: 05/08/2009 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1). ITC-214-20090417-00167 E Easy Call, 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: 05/08/2009 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20090422-00173 E Unipoint Technologies, 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: 05/08/2009 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20090422-00174 E Platinum Touch Entertainment, 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: 05/08/2009 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). Page 3 of 8

ITC-214-20090423-00175 E America Internet Sales Group 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: 05/08/2009 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-214-20090423-00176 E OUTFITTER SATELLITE, 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: 05/08/2009 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). ITC-ASG-20090306-00112 E First Choice Technology, Inc. Assignment Grant of Authority Date of Action: 05/14/2009 Current Licensee: NetLojix Telecom, Inc. FROM: NETLOJIX TELECOM, INC TO: First Choice Technology, Inc. Application for consent to the assignment of the assets held by NetLojix Telecom, Inc. (NetLojix) to First Choice Technology, Inc. (First Choice). Pursuant to the terms of an underlying assets purchase agreement, First Choice will purchase substantially all of the telecommunications assets of NetLojix, excluding the international section 214 authorization, ITC-214-19991018-00659, held by NetLojix. First Choice will provide services to its newly acquired customers pursuant to its existing international section 214 authorization, ITC-214-20040616-00232. The following three (3) individuals, all U.S. citizens, each holds 33.33% ownership interests in First Choice: Scott Howsare, Leon Nowalsky, and Robert Sorrentino. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20090423-00177 E Qwest Communications Company, LLC Assignment Grant of Authority Date of Action: 05/20/2009 Current Licensee: USLD Communications, Inc. FROM: USLD Communications, Inc. TO: Qwest Communications Company, LLC Notification filed April 23, 2009, of the pro forma assignment of international section 214 authorization, ITC-214-19890407-00006, held by USLD Communications, Inc. (USLD), to Qwest Communications Corporation (QCC), the Predecessor-in-Interest of Qwest Communications Company, LLC (QCCL), effective November 1, 2004. On November 1, 2004, USLD was merged with and into its parent entity QCC, with QCC emerging as the surviving entity. Subsequently QCC was reorganized from a Delaware corporation to QCCL, a Delaware limited liability company, see ITC-ASG-20090130-00041, DA 09-572, rel. March 12, 2009. ITC-ASG-20090504-00189 E Pacific Telecom Services, Inc. Assignment Grant of Authority Date of Action: 05/20/2009 Current Licensee: Pacific Telecom Services, LLC FROM: Pacific Telecom Services, LLC TO: Pacific Telecom Services, Inc. Notification filed May 4, 2009 of the pro forma assignment of international section 214 authorization, ITC-214-20020417-00190, held by Pacific Telecom Services, LLC (PTS LLC) to Pacific Telecom Services, Inc. (PTS Inc.), effective December 31, 2004. Both PTS LLC and PTS Inc. were controlled by Michael P. Haley, and he continues to control PTS Inc. Page 4 of 8

ITC-ASG-20090507-00203 E Americatel Corporation Assignment Grant of Authority Date of Action: 05/20/2009 Current Licensee: Startec Global Operating Company FROM: Startec Global Operating Company TO: Americatel Corporation Notification filed May 7, 2009, of the pro forma assignment of international section 214 authorizations, ITC-214-19970627-00354 and ITC-214-19890331-00002, held by Startec Global Operating Company (Startec), to its corporate parent, Americatel Corporation (Americatel), effective April 30, 2009. The assignment occurred as a result of an internal merger of Startec with and into Americatel, with Americatel surviving. As a result of the merger, Startec and its immediate corporate parent and holding company, Startec Global Communications Corporation, ceased to exist and Americatel now remains as the operating telecommunications service provider, serving all Americatel and Startec customers. ITC-T/C-20090324-00131 E The Southern Kansas Telephone Company, Inc. Transfer of Control Grant of Authority Date of Action: 05/20/2009 Current Licensee: The Southern Kansas Telephone Company, Inc. FROM: The Southern Kansas Telephone Company, Inc. TO: The Southern Kansas Telephone Company, Inc. Notification filed March 24, 2009 of the pro forma transfer of control of international section 214 authorization, ITC-214-20000317-00146, held by Southern Kansas Telephone Company, Inc. (Southern Kansas), effective February 27, 2009. Pursuant to an underlying corporate reorganization, Southern Kansas issued two forms of stock - voting stock and non-voting stock - to its four controlling shareholders. Upon consummation, each of the four shareholders redeemed its existing 24.99% ownership interests, and in return was issued 0.25% voting stock consisting of 2,499 shares, and 24.74% non-voting stock consisting of 247,401 shares. The 24.74% non-voting shares, in turn, were provided by each shareholder to four specifically identified, individually established irrevocable trusts, The Gregory L. Mikesell Irrevocable Trust, The Edwin A. Mikesell Irrevocable Trust, The Mikesell Irrevocable Family Investment Trust, and The Webb Irrevocable Family Investment Trust. ITC-T/C-20090413-00164 E DataPath, Inc. Transfer of Control Grant of Authority Date of Action: 05/08/2009 Current Licensee: DataPath, Inc. FROM: DataPath, Inc. TO: Rockwell Collins, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-19980713-00476, held by DataPath, Inc. (DataPath) to Rockwell Collins, Inc. (RCI). Pursuant to the terms of a merger agreement, DataPath will become a wholly-owned subsidiary of RCI. RCI is a publicly-traded corporation in which no individual or entity has a direct or indirect 10 percent or greater equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20090512-00220 E Infosat Able Holdings, Inc. Transfer of Control Grant of Authority Date of Action: 05/20/2009 Current Licensee: Infosat Able Holdings, Inc. FROM: Infosat Communications, Inc. TO: Telesat Satellite Holdings Corporation Notification filed May 12, 2009 of the pro forma transfer of control of international section 214 authorizations, ITC-214-19990128-00050 and ITC-214-20000113-00025, held by Infosat Able Holdings, Inc. (Infosat Able), from Infosat Communications, Inc. (Infosat), to Telesat Satellite Holdings Corporation (THSC), effective April 17, 2009. The stock of Infosat Able was transferred from Infosat to THSC. Both Infosat and THSC are wholly-owned subsidiaries of Telesat Canada. INFORMATIVE ITC-214-19980407-00234 InContact, Inc By letter dated April 14, 2009, Applicant notified the Commission that it has changed its name from UNC, Inc. to inContact, Inc., effective April 14, 2009. ITC-214-19990729-00457 Cleartel Communications, Inc. Page 5 of 8

INFORMATIVE By letter filed May 8, 2009, and revised May 14, 2009, Cleartel Communications, Inc. (CCI) notified the Commission that, effective May 8, 2009, its wholly-owned subsidiaries, Cleartel Telecommunications, Inc., IDS Telecom Corp., nii communications, ltd., and Telecon Communications Corporation, are providing service under authority of the international section 214 authorization, ITC-214-19990729-00457, held by CCI, pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). ITC-214-20040708-00260 One Communications Corp. By letter dated May 11, 2009, One Communications Corp. notified the Commission that, effective May 11, 2009, its wholly-owned subsidiaries, Choice One Communications Resale L.L.C. and Conversent Communications Resale L.L.C., are providing service under authority of the international section 214 authorization, ITC-214-20040708-00260), held by One Communications Corp., pursuant to section 63.21(h) of the Commission's rules, 47 C.F.R. § 63.21(h). ITC-214-20080825-00404 Cyber Bell USA inc Application is dismissed without prejudice to re-filing due to Cyber Bell USA Inc.'s failure to respond to the Commission's April 27, 2009 information request pursuant to section 63.51(b) of the Commission's rules, 47 C.F.R. § 63.51(b). SURRENDER ITC-214-19950813-00008 IDS Telcom Corp. By letter filed May 8, 2009, and revised May 14, 2009, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective May 8, 2009. ITC-214-19970207-00068 Supra Telecommunications and Information Systems, Inc. By letter filed May 8, 2009, and revised May 14, 2009, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective May 8, 2009. ITC-214-19971222-00806 Cleartel Telecommunications, Inc. d/b/a Essex Telecommunications, also d/b/a Ver By letter filed May 8, 2009, and revised May 14, 2009, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective May 8, 2009. ITC-214-19990927-00607 CM TEL (USA) LLC The above-referenced international section 214 authorization held by CM Tel (USA) LLC is hereby cancelled. CM Tel (USA) LLC will continue to provide service pursuant to its section 214 authorization File No. ITC-214-20090424-00199, authorizing the provision of facilities-based and resale service in accordance with section 63.18(e)(1) and (e)(2) of the Commission's rules, 47 C.F.R. § 63.18(e)(1), (2), between the United States and all permissible foreign points, except China and Hong Kong. On the U.S.-China and U.S.-Hong Kong routes, CM Tel (USA) LLC is authorized to provide switched services solely through the resale of unaffiliated U.S. facilities-based carriers' international switched services (either directly or indirectly through the resale of another U.S. resale carrier's international switched services) pursuant to section 63.18(e)(3). ITC-214-20000127-00042 TELECON COMMUNICATIONS CORP. By letter filed May 8, 2009, and revised May 14, 2009, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective May 8, 2009. ITC-214-20000217-00085 NII COMMUNICATIONS, LTD. By letter filed May 8, 2009, and revised May 14, 2009, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective May 8, 2009. ITC-214-20020903-00451 Supra Telecommunications and Information Systems, Inc. By letter filed May 8, 2009, and revised May 14, 2009, Applicant notified the Commission of the Surrender of its international section 214 authorization, effective May 8, 2009. Page 6 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 Public Notice 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/pd/pf/telecomrules.html#exclusionlist. 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. (4) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements contained in Sections 43.51, 64.1001 and 64.1002 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001, 64.1002. The Commission modified these requirements most recently in International Settlements Policy Reform: International Settlement Rates, First Report and Order, FCC 04-53, 19 FCC Rcd 5709 (2004). 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 which the Commission has exempted from the International Settlements Policy at any time during a particular reporting period are exempt from this requirement. See 47 C.F.R. § 43.51(d). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (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. A carrier may provide switched services over its authorized resold private lines in the circumstances specified in Section 63.23(d) of the rules, 47 C.F. R. § 63.23(d). (6) A carrier may engage in "switched hubbing" to countries that do not appear on the Commission's list of U.S. international routes that are exempt from the International Settlements Policy, set forth in Section 64.1002, 47 C.F.R. § 64.1002, provided the carrier complies with the requirements of Section 63.17(b) of the rules, 47 C.F.R. § 63.17(b). The Commission's list of U.S. international routes that are exempt from the International Settlements Policy may be viewed at http://www.fcc.gov/ib/pd/pf/isp_exempt.html. (7) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (8) 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. Carriers shall not otherwise file tariffs except as permitted by Section 61.19 of the rules, 47 C.F.R. § 61.19. 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. (9) 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 h S i Page 7 of 8

that Section. (10) 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. See also §§ 63.22(e), 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. (11) 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. (12) 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. (13) 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. (14) 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 switched service on that route unless the current rates the affiliate charges U.S. international carriers 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, "affiliated" and "foreign carrier" are defined in Section 63.09. 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)(3) 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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Document Modified: 2009-05-20 17:13:21
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