Public Notice TEL01413

International Telecommunications

Action Taken Public Notice

2010-02-25

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PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 10-313 Report No. TEL-01413 Thursday February 25, 2010 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-20091001-00009 E Software Cellular Network Ltd. Petition for Declaratory Ruling Grant of Authority Date of Action: 02/23/2010 Software Cellular Network (North America) Ltd (SCN) and its parent, Software Cellular Network Ltd (SCN-UK and, together with SCN, "Petitioners") petition the Commission for a declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, that it is in the public interest to allow SCN-UK to acquire indirectly, through SCN, 100 percent of the membership interests in SmartCall, LLC (SmartCall), which wholly owns iSmart Mobile Service LLC (iSmart). iSmart is a lessee of Personal Communications Service ("PCS") spectrum and the proposed assignee of a PCS license held by Leap Wireless International, Inc. Liquidating Trust (Leap). SCN is a Delaware corporation that is wholly owned by SCN-UK, a privately-held corporation formed under the laws of England and Wales. SmartCall and iSmart are limited liability companies organized under the laws of Delaware. Petitioners filed this petition in connection with several related applications for consent to (1) transfer control of iSmart's PCS spectrum leases to SCN-UK (see ULS File No. 0004007920 for WPUR878 (Bozeman, MT) and WPSJ976 (Butte, MT); and ULS File No. 0004012065 for WPOK576 (Bozeman, MT)); and (2) to assign to iSmart, contemporaneously with its transfer of control to SCN-UK, the PCS license for WPOK576, which is held currently by Leap (see ULS File No. 0003989856). Petitioners also request that any ruling granted under this petition take into account the future assignment to iSmart of the underlying licenses for WPUR878 and WPSJ97, which are held currently by NTCH, Inc. Petitioners have submitted information to demonstrate that SCN-UK has its principal place of business in the United Kingdom and that at least 75 percent of its equity and voting interests are held by citizens of, or by entities that have their principal places of business in, the United Kingdom and other World Trade Organization ("WTO") Member countries. Petitioners also aver that SCN-UK’s principal shareholders consist of the following foreign individuals and entities: Mr. George Robinson (10.46%) (United Kingdom); Mr. James Tagg (7.53%) (United Kingdom); Eden One LP (14.58%) (United Kingdom); Independent News and Media Investments Ltd. (11.37%) (United Kingdom); Wellington Partners III Technology Fund, L.P. (9.31%) (Channel Islands); Burda Digital Ventures GmbH (8.41%) (Germany); ESQ VentureA Inc. (5.81%) (British Virgin Islands). Pursuant to the rules and policies established by the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC Rcd 18158 (2000), we find that it would not serve the public interest to prohibit the indirect foreign ownership of SmartCall and iSmart in excess of the 25 percent benchmark set forth in section 310(b)( 4) of the Act. Specifically, this ruling permits the indirect foreign ownership of SmartCall and iSmart by SCN-UK (individually) and its foreign shareholders identified in the petition (collectively) (up to and including 100 percent equity and voting interests). SmartCall and iSmart may have up to and including an additional, aggregate 25 percent indirect equity and/or voting interests from SCN-UK's foreign investors identified in the petition and new foreign investors without seeking prior Commission approval under section 310(b)(4) subject to the following conditions: (1) SmartCall and iSmart shall obtain prior Commission approval before any foreign individual or entity acquires individually an indirect equity or voting interest in excess of 25 percent; and (2) SmartCall and iSmart shall obtain prior Commission approval before their indirect foreign equity or voting interests from non-WTO Member countries exceeds 25 percent. ITC-214-20090624-00301 E STANACARD, LLC d/b/a Stanatel d/b/a FastPhone International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 02/01/2010 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). We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on February 16, 2010, by the Department of Justice, with concurrence of the Department of Homeland Security. Accordingly, we condition grant of this application on StanaCard, LLC abiding by the commitments and undertakings set forth in its February 1, 2010 Letter of Assurances to Director, Foreign Investment Review Staff, National Security Division, Department of Justice and Assistant Director, Operational Technology Division, Federal Bureau of Investigation (February 1, 2010 Letter). A copy of the Petition and February 1, 2010 Letter are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-214-20090624-00301 and accessing "Other filings related to this application" from the Document Viewing area. ITC-214-20090708-00317 E IPSITA TELECOM 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: 02/19/2010 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 2 of 8

ITC-214-20090831-00403 E GTI Corporation International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 02/24/2010 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), between the United States and all permissible foreign points except Singapore, Australia, Bangladesh, India, Indonesia, and Pakistan. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in the proceeding on February 24, 2010, by the Department of Justice. Accordingly, we condition grant of this application on GTI Corporation abiding by the commitments and undertakings set forth in its January 15, 2010 Letter of Assurances to Assistant Attorney General, National Security Division, Department of Justice, (January 15, 2010 Letter). A copy of the Petition and January 15, 2010 Letter are publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for ITC-214-20090831-00403 and accessing "Other filings related to this application" from the Document Viewing area. ITC-214-20100105-00003 E Conveyance Telecom International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/12/2010 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-214-20100113-00018 E Protocall, 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: 02/12/2010 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-214-20100119-00023 E Unlimited 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: 02/12/2010 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-214-20100125-00021 E SMG Global LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/12/2010 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 3 of 8

ITC-ASG-20091113-00486 E Navigata Communications 2009 Inc. Assignment Grant of Authority Date of Action: 02/22/2010 Current Licensee: SaskTel FROM: SaskTel TO: Navigata Communications 2009 Inc. Application filed for consent to the partial assignment of international section 214 authorization, ITC-214-20041115-00451, held by SaskTel (formerly Navigata Communications Ltd.) to Navigata Communications 2009 Inc. (Navigata 2009). Pursuant to the terms of an Asset Purchase Agreement dated September 4, 2009, Navigata 2009 will purchase from SaskTel certain assets, including customer contracts and telecommunications services located in virtual points of presence in Seattle, Washington and Los Angeles, California. Upon consummation, Navigata 2009 will provide services in the Provinces of British Columbia, Alberta, Ontario, and Quebec in Canada. Navigata 2009 will provide services to its newly acquired customers pursuant to international section 214 authorization, ITC-214-20091113-00523. SaskTel will continue to provide services to customers based in Saskatchewan, Canada pursuant to international section 214 authorization, ITC-214-20041115-00451. The following individuals hold ten percent or greater ownership interests in Navigata 2009: Peter E. Legault, a Canadian citizen (80% Voting Common Stock; 15.6% Total Common Stock); John M. Warta, a U.S. citizen (15% Voting Common Stock; 62.5% Total Common Stock); and, J. Jeffrey Mayhook, a U.S. citizen (5% Voting Common Stock; 15.6% Total Common Stock). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20091222-00547 E Buffalo Merger Sub., Inc Assignment Grant of Authority Date of Action: 02/12/2010 Current Licensee: Iowa Telecommunications Services, Inc. FROM: Iowa Telecommunications Services, Inc. TO: Buffalo Merger Sub., Inc Application filed for consent to the assignment of international section 214 authorizations, ITC-214-19961219-00634 (Old File No. ITC-97-011), ITC-214-20000627-00408, ITC-214-20010501-00266, ITC-214-20080709-00316, held by Iowa Telecommunications Services, Inc. (Iowa Telecom) to Buffalo Merger Sub, Inc. (Buffalo). Pursuant to an Agreement and Plan of Merger, Iowa Telecom will merge with and into Buffalo, a wholly-owned subsidiary of Windstream Corporation (Windstream), with Buffalo being the surviving entity. Upon consummation, Iowa Telecom will cease to exist as a separate corporate entity; Buffalo will remain a wholly-owned subsidiary of Windstream. (Buffalo will be renamed Windstream Iowa Communications, Inc.) Windstream is a publicly traded corporation in which no individual or entity holds a 10 percent or greater direct or indirect equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20100129-00045 E Piedmont Communications Services, Inc Assignment Grant of Authority Date of Action: 02/24/2010 Current Licensee: Surry Telecommunications, Inc. FROM: Surry Telecommunications, Inc. TO: Piedmont Communications Services, Inc Notification filed January 29, 2010, of the pro forma assignment of international section 214 authorization, ITC-214-20001220-00742, held by Surry Telecommunications, Inc. (STI), to Piedmont Communications Services, Inc. (PCS), effective July 1, 2009. STI was merged into PCS, with PCS being the surviving entity. STI was, and PCS continues to be, a wholly-owned subsidiary of Surry Telephone Membership Corporation. ITC-MOD-20091027-00557 P Global Crossing Ltd. Modification Grant of Authority Date of Action: 02/18/2010 Global Crossing Limited (GCL) on behalf of its subsidiaries - Budget Call Long Distance, Inc.; Global Crossing Americas Solutions, Inc.; Global Crossing Bandwidth, Inc.; Global Crossing North American Networks, Inc.; Global Crossing Telecommunications, Inc; International Optical Network, L.L.C.; and Racal Telecommunications Inc. (collectively, "GCL affiliates") - requests, pursuant to section 63.13 of the Commission's rules, 47 C.F.R. § 63.13, that the Commission reclassify the GCL subsidiaries as non-dominant on the U.S.-Indonesia route. The GCL subsidiaries were classified as dominant on the U.S.-Indonesia route under section 63.10 of the Commission's rules, 47 C.F.R. § 63.10, because they were affiliated with PT Indonesian Satellite Corporation (PT Indosat), a foreign carrier presumed to have market power on the foreign-end of the route, through their parent company Singapore Technologies Telemedia Pte Ltd (ST Telemedia). GCL states that in 2008 ST Telemedia sold its interest in PT Indosat and thus GCL and its subsidiaries are no longer affiliated with a foreign carrier with market power on the U.S.-Indonesia route. (GCL states that GCL and its affiliates are affiliated with Telekomuniksi Selular, but that Telekomuniksi Selular does not have market power in Indonesia.) GCL submits that its affiliates are therefore entitled to a presumption of non-dominance in their provision of service on the U.S.-Indonesia route. Page 4 of 8

ITC-T/C-20091218-00558 E IT Communications, LLC Transfer of Control Grant of Authority Date of Action: 02/12/2010 Current Licensee: IT Communications, LLC FROM: Iowa Telecommunications Services, Inc. TO: Windstream Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20050906-00360, held by IT Communications, LLC (IT Communications), from its indirect parent, Iowa Telecommunications Services, Inc. (Iowa Telecom), to Windstream Corporation (Windstream). Pursuant to an Agreement and Plan of Merger, Iowa Telecom will merge with and into Buffalo Merger Sub, Inc. (Buffalo), a wholly-owned subsidiary of Windstream, with Buffalo being the surviving entity. Upon consummation, Iowa Telecom will cease to exist as a separate corporate entity; Buffalo will remain a wholly-owned subsidiary of Windstream and IT Communications will be an indirect wholly-owned subsidiary of Buffalo. (Buffalo will be renamed Windstream Iowa Communications, Inc.) Windstream is a publicly traded corporation in which no individual or entity holds a 10 percent or greater direct or indirect equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20091222-00546 E EN-TEL Communications, LLC Transfer of Control Grant of Authority Date of Action: 02/12/2010 Current Licensee: EN-TEL Communications, LLC FROM: Iowa Telecommunications Services, Inc. TO: Windstream Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20010501-00265, held by EN-TEL Communications, LLC (EN-TEL), from its indirect parent, Iowa Telecommunications Services, Inc. (Iowa Telecom), to Windstream Corporation (Windstream). Pursuant to an Agreement and Plan of Merger, Iowa Telecom will merge with and into Buffalo Merger Sub, Inc. (Buffalo), a wholly-owned subsidiary of Windstream, with Buffalo being the surviving entity. Upon consummation, Iowa Telecom will cease to exist as a separate corporate entity; Buffalo will remain a wholly-owned subsidiary of Windstream and EN-TEL will be an indirect wholly-owned subsidiary of Buffalo. (Buffalo will be renamed Windstream Iowa Communications, Inc.) Windstream is a publicly traded corporation in which no individual or entity holds a 10 percent or greater direct or indirect equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20091222-00551 E Iowa Telecom Communications, Inc. Transfer of Control Grant of Authority Date of Action: 02/12/2010 Current Licensee: Iowa Telecom Communications, Inc. FROM: Iowa Telecommunications Services, Inc. TO: Windstream Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20010823-00464, held by Iowa Telecom Communications, Inc. (ITCI), from its direct parent, Iowa Telecommunications Services, Inc. (Iowa Telecom), to Windstream Corporation (Windstream). Pursuant to an Agreement and Plan of Merger, Iowa Telecom will merge with and into Buffalo Merger Sub, Inc. (Buffalo), a wholly-owned subsidiary of Windstream, with Buffalo being the surviving entity. Upon consummation, Iowa Telecom will cease to exist as a separate corporate entity; Buffalo will remain a wholly-owned subsidiary of Windstream and ITCI will be an direct wholly-owned subsidiary of Buffalo. (Buffalo will be renamed Windstream Iowa Communications, Inc.) Windstream is a publicly traded corporation in which no individual or entity holds a 10 percent or greater direct or indirect equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 5 of 8

ITC-T/C-20091222-00552 E Lakedale Link, Inc. Transfer of Control Grant of Authority Date of Action: 02/12/2010 Current Licensee: Lakedale Link, Inc. FROM: Iowa Telecommunications Services, Inc. TO: Windstream Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19960725-00339 (Old File No. ITC-96-416), held by Lakedale Link, Inc. (Lakedale), from its indirect parent, Iowa Telecommunications Services, Inc. (Iowa Telecom), to Windstream Corporation (Windstream). Pursuant to an Agreement and Plan of Merger, Iowa Telecom will merge with and into Buffalo Merger Sub, Inc. (Buffalo), a wholly-owned subsidiary of Windstream, with Buffalo being the surviving entity. Upon consummation, Iowa Telecom will cease to exist as a separate corporate entity; Buffalo will remain a wholly-owned subsidiary of Windstream and Lakedale will be an indirect wholly-owned subsidiary of Buffalo. (Buffalo will be renamed Windstream Iowa Communications, Inc.) Windstream is a publicly traded corporation in which no individual or entity holds a 10 percent or greater direct or indirect equity or voting interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Dismissal ISP-PDR-20080731-00015 MetroBridge Networks Licensing, LLC By letter filed February 19, 2010, Applicant notified the Commission of the withdrawal of its Petition for Declaratory Ruling. ITC-214-20081104-00487 SMART DISTRIBUTORS CONNECTICUT INC. By letter filed February 17, 2010, Applicant notified the Commission of the withdrawal of its international section 214 authorization. INFORMATIVE ITC-214-20020416-00187 Telinta, Inc By letter dated February 23, 2010, Applicant notified the Commission that it has changed its name from Telinta, Inc f/k/a Litespan, Inc., to Telinta, Inc. ITC-214-20050830-00356 Logical Telecom, LP d/b/a LN Prepaid d/b/a MonsterCom By letter dated February 23, 2010, Logical Telecom, LP d/b/a LN Prepaid, requests that the additional "doing business as" name, MonsterCom, be displayed under its authorization. ITC-214-20090317-00125 Concero Global, LLC By letter dated January 29, 2010, Applicant notified the Commission that Concert Global, LLC will be discontinuing their international 214 service. SURRENDER ITC-214-19970327-00177 Local Fiber, LLC By letter filed February 8, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-20070522-00201 3S Communications LLC By letter filed February 22, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. 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: 2010-02-25 10:25:05
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