Public Notice TEL01435

International Telecommunications

Action Taken Public Notice

2010-07-01

FCC.report > IB > Public Notices > TEL01435

39 Filings Included [expand]

IBFS_PN_823072

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. 10-1239 Report No. TEL-01435 Thursday July 1, 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. ITC-214-20091106-00482 E Tulip Telecom Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/24/2010 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-214-20091112-00483 E MAMADOU D DIAGNE ( d/b/a KHLA ) International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/25/2010 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 1 of 9

ITC-214-20100412-00154 E SoTel Systems, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/25/2010 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-214-20100513-00194 E TerreStar License Inc. International Telecommunications Certificate Grant of Authority Date of Action: 06/28/2010 Application for authority to provide international mobile satellite services via the TerreStar-1 satellite at 111.0 degrees W.L. in accordance with Section 63.18(e)(3) of the Commission's rules, 47 C.F.R. 63.18(e)(3). ITC-214-20100513-00195 E TerreStar License 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: 06/28/2010 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-214-20100519-00201 E Richard Mingo International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 06/28/2010 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-214-20100526-00216 E Connect Your Country 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: 06/25/2010 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-214-20100526-00217 E TRUE Wireless, 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: 06/25/2010 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-214-20100601-00221 E Ogro Carrier, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 06/25/2010 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-214-20100603-00225 E Unison Communications, 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: 06/25/2010 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 9

ITC-214-20100609-00228 E Barakah 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: 06/25/2010 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-AMD-20100524-00206 P Liberty-Bell Telecom, LLC Amendment Grant of Authority Date of Action: 06/25/2010 Amendment to ITC-214-20080219-00066 to correct the ownership information. At the time the application was filed, Liberty-Bell Telecom, LLC was a wholly-owned subsidiary of Multi-Link LLC (MLT) (MLT is now known as Liberty-Bell, LLC). At that time, the following individuals held 10 percent or greater ownership interests in MLT: Nigel Alexander (a citizen of the United Kingdom at that time) (70%); Thomas G. Martino (14%); Robert S. Unger (10%). Grant of this application is without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission's rules. ITC-ASG-20100524-00210 E Liberty-Bell Telecom, LLC Assignment Grant of Authority Date of Action: 06/25/2010 Current Licensee: Impact Telecom, Inc. FROM: Impact Telecom, Inc. TO: Liberty-Bell Telecom, LLC Application for consent to the partial assignment of assets held by Impact Telecom, Inc. (ITI) to Liberty-Bell Telecom, LLC (Liberty-Bell Telecom). On September 22, 2009, without prior Commission consent, Liberty-Bell Telecom acquired certain customers of ITI located in the states of Colorado, Utah, and New Mexico. Upon closing, Liberty-Bell Telecom began providing international service to its newly acquired customers pursuant to its own international section 214 authorization, ITC-214-20080219-00066. ITI continued to provide international service to its remaining customers pursuant to its international section 214 authorization, ITC-214-20080219-00065. Liberty-Bell Telecom is a wholly-owned subsidiary of Liberty-Bell, LLC (f/k/a Multi-Link LLC (MLT)). At that time, the following individuals held 10 percent or greater ownership interests in MLT: Nigel Alexander (a citizen of the United Kingdom at that time) (56%) and Thomas G. Martino (12%). No other individual or entity had a ten percent or greater direct or indirect equity or voting interest in MLT. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Grant of this application is without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission's rules. ITC-ASG-20100524-00213 P Liberty-Bell Telecom, LLC Assignment Grant of Authority Date of Action: 06/25/2010 Current Licensee: Affinity Telecom, Inc. FROM: Affinity Telecom, Inc. TO: Liberty-Bell Telecom, LLC Application for consent to the partial assignment of assets held by Affinity Telecom, Inc. (Affinity) to Liberty-Bell Telecom, LLC (Liberty-Bell Telecom). On October 17, 2008, without prior Commission consent, Liberty-Bell Telecom acquired the customers of Affinity. Upon closing, Liberty-Bell Telecom began providing international service to its newly acquired customers pursuant to its own international section 214 authorization, ITC-214-20080219-00066. Affinity retained its international section 214 authorization, ITC-214-20020416-00186. Liberty-Bell Telecom is a wholly-owned subsidiary of Liberty-Bell, LLC (f/k/a Multi-Link LLC (MLT)). At that time, the following individuals held 10 percent or greater ownership interests in MLT: Nigel Alexander (a citizen of the United Kingdom at that time) (56%) and Thomas G. Martino (12%). No other individual or entity had a ten percent or greater direct or indirect equity or voting interest in MLT. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Grant of this application is without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission's rules. Page 3 of 9

ITC-ASG-20100526-00218 E GC Pivotal, LLC Assignment Grant of Authority Date of Action: 06/25/2010 Current Licensee: Global Capacity Holdco, LLC FROM: Global Capacity Holdco, LLC TO: GC Pivotal, LLC Application filed for consent to the assignment of international section 214 authorizations, ITC-214-20050331-00136 and ITC-214-20070410-00137, held by Global Capacity Holdco, LLC (GC Holdco) to GC Pivotal, LLC (Pivotal), a wholly-owned subsidiary of Pivotal Global Capacity, LLC (Pivotal GC). Pursuant to the terms of a series of Pledge Agreements and a Term Loan and Security Agreement (Agreements), dated November 19, 2008, Pivotal GC holds the rights under the agreements to foreclose on the telecommunications assets held by GC Holdco, including its international section 214 authorizations. Pivotal GC is wholly owned by FFN Investments, LLC (FFN Investments). FFN is owned as follows: Pivotal Capital Corporation (10%); Najafi 2006 Irrevocable Trust, Richard Garner, trustee, and F. Francis Najafi, beneficiary, both U.S. citizens (60%); F. Francis Najafi Family Trust, F. Francis Najafi, trustee, and his children, beneficiaries (30% direct and 10% indirect through Pivotal Capital Corporation). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20100604-00226 E STX Wireless, LLC Assignment Grant of Authority Date of Action: 06/25/2010 Current Licensee: Youghiogheny Communications-Texas LLC FROM: Youghiogheny Communications-Texas LLC TO: STX Wireless, LLC Application for consent to the partial assignment of assets held by Youghiogheny Communications - Texas, LLC (YCT), a wholly-owned subsidiary of Youghiogheny Communications, LLC (Youghiogheny Communications), to STX Wireless, LLC (STX Wireless), an indirect subsidiary of Leap Wireless International, Inc. (Leap). The parties propose to form a joint venture that will be controlled by Leap. Under the agreement, Cricket Communications, Inc. (Cricket), a wholly-owned subsidiary of Leap, and YCT and its affiliates will contribute certain assets, including international section 214 authorization, to STX Wireless and its subsidiaries. Specifically, YCT will assign assets to STX Wireless in the following markets in Texas: Brownsville-Harlingen, Brownwood, Corpus Christi, Laredo, McAllen, and San Antonio. STX Wireless will provide international service to its newly acquired customers pursuant to international section 214 authorization, ITC-214-20100604-00227. YCT will retain its existing international section 214 authorization, ITC-214-20100326-00126. Upon consummation, STX Wireless will be 75.75% owned and controlled by Cricket, which in turn is 100 percent owned and controlled by Leap. The remaining 24.25% of STX Wireless will be owned by Youghiogheny Communications, which is in turn wholly owned and controlled by Paul M. Posner. The following entities and individual hold 10 percent or greater direct or indirect ownership interests in Leap: MHR Institutional Partners IIA LP (MHR LP) (direct 10.9%); MHR Institutional Advisors II LLC (Advisors LLC), the general partner of MHR LP (indirect 15.2% interest through MHR LP and other limited partnerships that hold LEAP stock); MHR Fund Management LLC (Management LLC) (indirect 20% interest through MHR LP and other limited partnerships that hold LEAP stock); Dr. Mark H. Rachesky, the Managing Member of Advisors LLC and Management LLC (indirect 20.1% interest); T. Rowe Price Associates, Inc. (indirect 10.2%); and, Thornburg Investment Management, Inc. (indirect 10.1%). No other entity or individual holds 10 percent or greater direct or indirect equity or voting interest in Leap. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20100617-00259 E Zayo Bandwidth, LLC Assignment Grant of Authority Date of Action: 06/30/2010 Current Licensee: Zayo Bandwidth Northeast, LLC FROM: Zayo Bandwidth Northeast, LLC TO: Zayo Bandwidth, LLC Notification filed June 10, 2010, of the pro forma assignment of international section 214 authorization, ITC-214-20020103-00004, from Zayo Bandwidth Northeast, LLC (Zayo-NE) to Zayo Bandwidth, LLC (ZB), effective May 19, 2010. Pursuant to an intra-corporate reorganization, Zayo-NE was merged with and into ZB, with ZB emerging as the surviving entity. Upon closing, Zayo-NE ceased to exist. Zayo-NE was, and ZB continues to be, wholly-owned subsidiaries of Zayo Group, LLC. Page 4 of 9

ITC-T/C-20100426-00172 E Liberty-Bell Telecom, LLC Transfer of Control Grant of Authority Date of Action: 06/25/2010 Current Licensee: Liberty-Bell Telecom, LLC FROM: Nigel Alexander TO: Brenda Alexander Application for consent to the transfer of control of international section 214 authorization, ITC-214-20080219-00066, held by Liberty-Bell Telecom, LLC (Liberty-Bell Telecom), from Nigel Alexander to Brenda Alexander. Liberty-Bell Telecom is a wholly-owned subsidiary of Liberty-Bell LLC. Mr. Alexander holds a 48% and controlling interest in Liberty-Bell LLC. Mr. Alexander will transfer his interest in Liberty-Bell LLC, and thus control of Liberty-Bell Telecom, to Ms. Alexander. The only other 10 percent or greater ownership interest in Liberty-Bell will remain with Thomas G. Martino (11%). No other entity or individual will hold 10 percent or greater direct or indirect equity or voting interest in Liberty-Bell LLC or Liberty-Bell Telecom. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100524-00208 E Liberty-Bell Telecom, LLC Transfer of Control Grant of Authority Date of Action: 06/25/2010 Current Licensee: Liberty-Bell Telecom, LLC FROM: Liberty-Bell Telecom, LLC TO: Liberty-Bell, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-20080219-00066, held by Liberty-Bell Telecom, LLC (Liberty-Bell Telecom) to Multi-Link Telecom, LLC (MLT) (MLT is now known as Liberty-Bell, LLC). On September 16, 2006, without prior Commission consent, MLT acquired Liberty-Bell Telecom from its existing shareholders, and Liberty-Bell Telecom became a wholly-owned subsidiary of MLT. At that time, the following individuals held 10 percent or greater ownership interests in MLT: Nigel Alexander (a citizen of the United Kingdom at that time) (70%); Thomas G. Martino (14%); Robert S. Unger (10%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. Grant of this application is without prejudice to any enforcement action by the Commission for non-compliance with the Communications Act of 1934, as amended, or the Commission's rules. ITC-T/C-20100527-00219 E ITS Telecommunications Systems, Inc. Transfer of Control Grant of Authority Date of Action: 06/25/2010 Current Licensee: ITS Telecommunications Systems, Inc. FROM: Robert M. Post Marital Trust dated April 6, 1999 TO: Jeffrey S Leslie Application for consent to the transfer of control of international section 214 authorization, ITC-214-19940114-00001, held by ITS Telecommunications Systems, Inc. (ITS), a wholly-owned subsidiary of Postco, Inc. (Postco), from the Robert M. Post Marital Trust, dated April 6, 1999 (Trust) to Jeffrey S. Leslie. Mr. Leslie will purchase all of the issued and outstanding stock of Postco from the Trust, and will thus control ITS. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 5 of 9

ITC-T/C-20100527-00220 E Midcontinent Communications Transfer of Control Grant of Authority Date of Action: 06/25/2010 Current Licensee: Midcontinent Communications FROM: Estate of N. L. Bentson TO: Midcontinent Media, Inc. Application for consent to the transfer of control of international section 214 authorization, ITC-214-20010606-00327, held by Midcontinent Communications (Midcontinent), from the Estate of N.L. Bentson (the Estate) to Midcontinent Media, Inc. (MMI). The transaction will be accomplished in two contemporaneous steps: first, the Estate will transfer its ownership interest in MMI (approximately 95%) to the N.L. Bentson Revocable Trust (the Trust), and immediately thereafter, MMI will redeem all of the stock held by the Trust as well as certain stock currently held by Patrick McAdaragh, president of MMI. Upon completion of the redemptions of the MMI stock, the three executives of MMI, Patrick McAdaragh, Steven Grosser and Richard Busch, will each hold one-third of the common voting stock of MMI. MMI is, and will remain, the 100% owner of Midcontinent Communications Investor, LLC, which owns 50% of Midcontinent and is the managing partner of Midcontinent. TCI-Midcontinent, LLC also owns 50% of Midcontinent. TCI-Midcontinent, LLC is wholly owned by Comcast Corporation, a publicly traded company in which no individual or entity holds 10 percent or greater ownership interests. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100604-00222 E Cameron Communications, LLC Transfer of Control Grant of Authority Date of Action: 06/25/2010 Current Licensee: Cameron Communications, LLC FROM: John A Henning TO: Cameron Holdings of North Carolina, LLC Application for consent to the transfer of control of international section 214 authorization, ITC-214-20100317-00105, held by Cameron Communications, LLC (Cameron) to Cameron Holdings of North Carolina, LLC (Cameron Holdings). Cameron Holdings will purchase all of the equity and voting interests in Cameron from the current owners of Cameron. Upon closing, Cameron will be 100% owned by Cameron Holdings. Cameron Holdings is wholly owned by American Broadband Acquisition - V, LLC, which in turn is wholly owned by American Broadband Communications, LLC (ABC). Patrick L. Eudy holds 95.12% ownership interest in ABC. No other entity or individual will hold 10 percent or greater direct or indirect equity or voting interest in ABC or Cameron. This authorization is without prejudice to the Commission's action in any other related pending proceedings. INFORMATIVE ITC-214-20031031-00499 Telecom North America, Inc. By letter dated September 4, 2009, Applicant notified the Commission that 3U Telecom, Inc., has changed its name to Telecom North America, Inc. SURRENDER ITC-214-19860730-00001 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-86-154). ITC-214-19880104-00007 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-88-061). ITC-214-19880111-00008 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-88-063). ITC-214-19890407-00006 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-89-092). ITC-214-19910114-00017 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-91-047). ITC-214-19910415-00016 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-91-084). ITC-214-19920228-00130 Qwest Communications Company, LLC Page 6 of 9

SURRENDER By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-92-096). ITC-214-19920627-00131 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-92-184). ITC-214-19930110-00262 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-93-001). ITC-214-19930915-00175 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-93-336). ITC-214-19931203-00224 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-94-064). ITC-214-19940930-00302 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-94-527). ITC-214-19960226-00087 Qwest Communications Company, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-96-149). ITC-214-19970804-00454 Qwest Corporation By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-97-448). ITC-214-19970804-00464 Qwest Corporation By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization (Old File No. ITC-97-447). ITC-214-19991028-00681 Qwest Wireless, LLC By letter filed April 30, 2010, Applicant notified the Commission of the Surrender of its international section 214 authorization. Page 7 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 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 8 of 9

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 9 of 9


Document Created: 2010-06-30 16:34:39
Document Modified: 2010-06-30 16:34:39
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC