Public Notice TEL01450

International Telecommunications

Action Taken Public Notice

2010-08-26

FCC.report > IB > Public Notices > TEL01450

13 Filings Included [expand]

IBFS_PN_836579

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. 10-1610 Report No. TEL-01450 Thursday August 26, 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 7

ISP-PDR-20100601-00011 P Iowa Wireless Services Holding Corporation Petition for Declaratory Ruling Grant of Authority Date of Action: 08/25/2010 Iowa Wireless Services Holding Corporation (Iowa Wireless or "Petitioner") requests that the Commission extend its existing declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. § 310(b)(4), to cover Advanced Wireless Services ("AWS") licenses which Iowa Wireless intends to acquire by assignment and lease from T-Mobile License LLC. ULS Application File Nos. 0004235536 and 0004227232. Petitioner states that its existing declaratory ruling authorizes indirect foreign ownership by Deutsche Telekom AG (DT) up to and including 60% in Iowa Wireless with regard to PCS licenses. See ISP-PDR-20060522-00009, DA 06-2567, 21 FCC Rcd 14739 (IB 2006). Petitioner is a Delaware corporation and a wholly-owned subsidiary of Iowa Wireless Services, LLC (IWS-LLC), a Delaware limited liability company. There are two members of IWS-LLC. INS Wireless, Inc. (INSW), an Iowa corporation and a wholly-owned subsidiary of Iowa Network Services, Inc., an Iowa corporation, holds a 46% interest in IWS-LLC. VoiceStream PCS I Iowa Corporation (VoiceStream PCS), a Delaware corporation, holds a 54% interest in IWS-LLC. VoiceStream PCS is a direct, wholly-owned subsidiary of T-Mobile USA, Inc., a Delaware corporation. T-Mobile USA is a wholly-owned subsidiary of T-Mobile Global Holding GmbH, which in turn is a wholly-owned subsidiary of T-Mobile Global Zwischenholding GmbH which is a wholly-owned subsidiary of DT. All three of these entities are organized under the laws of the Federal Republic of Germany, a World Trade Organization member country. The Federal Republic of Germany (FRG) holds a 14.83% direct interest in DT. Kreditanstalt fur Wiederaufbau (KFW), a bank organized under the laws of the Federal Republic of Germany and controlled by the FRG, holds a 16.87% direct interest in DT. The FRG holds an 80% interest in KFW. Pursuant to 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 it is in the public interest to extend the existing ruling allowing the indirect ownership of Iowa Wireless by DT to cover AWS licenses. Grant of this Petition is conditioned on compliance with the provisions of a January 12, 2001 agreement between Deutsche Telekom AG, VoiceStream Wireless Corporation, VoiceStream Wireless Holding Corporation and the Department of Justice and the Federal Bureau of Investigation. The Agreement is published at VoiceStream-DT Order, IB Docket No. 00-187, FCC 01-142, 16 FCC Rcd 9779, 9853-76 (2001). Grant of this Petition is without prejudice to Commission action on the pending applications for assignment and lease of AWS licenses from T-Mobile License LLC. See ULS Application File Nos. 0004235536 and 0004227232. ITC-214-20100325-00123 E Rong Vang VTTC, Corp International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 08/19/2010 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). ITC-214-20100715-00304 E PLATINUMTEL COMMUNICATIONS LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 08/20/2010 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-214-20100722-00306 E UTWT, 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: 08/20/2010 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 7

ITC-214-20100803-00316 E NuLeef Communcations 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: 08/20/2010 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-ASG-20100816-00337 E Norlight, Inc. f/k/a Cinergy Communications Company Assignment Grant of Authority Date of Action: 08/24/2010 Current Licensee: Norlight Telecommunications, Inc. FROM: Norlight Telecommunications, Inc. TO: Norlight, Inc. f/k/a Cinergy Communications Company Notification filed August 16, 2010 of the pro forma assignment of international section 214 authorizations, ITC-214-19960826-00407 (Old File No. ITC-96-478), ITC-214-19960826-00406 (Old File No. ITC-96-481), and ITC-214-19940224-00080 (Old File No. ITC-94-179), held by Norlight Telecommunications, Inc. (NTI), to Norlight, Inc. f/k/a Cinergy Communications Company (Norlight), effective August 31, 2007. The intra-company assignment occurred shortly after the parties' direct parent company, Q-Comm Corporation (Q-Comm), acquired NTI (see Public Notice DA 07-104, rel. January 18, 2007, granting ITC-T/C-20061204-00545) and determined that international services of the Q-Comm operating subsidiaries would henceforth be provided by Norlight. ITC-T/C-20100125-00032 E American Samoa License, Inc. Transfer of Control Grant of Authority Date of Action: 08/25/2010 Current Licensee: American Samoa License, Inc. FROM: Stanford International Bank Ltd. TO: Pete R Pizarro Application filed for consent to the transfer of control of international section 214 authorizations, ITC-214-19980918-00671 and ITC-214-19981207-00860, held by American Samoa License, Inc. (ASL), from Stanford International Bank, Ltd. (SIBL) to Pete R. Pizarro. ASL is an indirect wholly-owned subsidiary of eLandia International, Inc. On February 6, 2009, without prior Commission consent, eLandia International undertook a capital structure reorganization whereby eLandia International converted the principal amount of its debt to SIBL into eLandia International preferred non-voting stock, reduced SIBL's ownership of eLandia International common stock from 68.1% to 49.9%, and placed the shares of eLandia International held by SIBL into a voting trust. Mr. Pizarro, a U.S. citizen, is the trustee for the Voting Trust and has the right to vote the shares held by the Voting Trust - which currently represent 44.75% of the common stock of eLandia International -- on most matters. Mr. Pizarro also individually owns 2.75% of the outstanding common shares of eLandia International. Thus, Mr. Pizarro exercises the right to vote 47.5% of the voting shares of eLandia International and exercises control over eLandia International and its subsidiaries, including ASL. On February 16, 2009, SIBL was placed into receivership by order of the U.S. District Court for the Northern District of Texas in connection with a lawsuit brought by the Securities and Exchange Commission against SIBL. Securities and Exchange Commission v. Stanford Int'l Bank, Case No. 3-09CV0298-N (N.D. Tex). The court has appointed Ralph S. Janvey as the Receiver. The Voting Trust certificates are part of the Receivership Estate, but the assets and business operations of eLandia and its affiliates are not part of the Receivership Estate. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on June 2, 2010, by the Department of Homeland Security (DHS) with concurrence from the Department of Justice. Accordingly, we condition grant of this application on the commitments set forth in the May 28, 2010 letter from Mr. Pizarro to David Heyman, Assistant Secretary for Policy, DHS, and Marlene H. Dortch, Secretary, FCC, and on compliance with the commitments set forth in the January 9, 2009 Agreement between American Samoa Hawaii Cable, LLC and AST Telecom, LLC, on the one hand, and DHS, on the other (the "Executive Branch Agreement"). The Petition, which attaches the May 28, 2010 letter, and the Executive Branch Agreement may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20100125-00032 and accessing "Other Filings related to this application" from the Document Viewing Area. 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 7

ITC-T/C-20100324-00122 E eLandia Technologies, Inc. Transfer of Control Grant of Authority Date of Action: 08/25/2010 Current Licensee: eLandia Technologies, Inc. FROM: Stanford International Bank Ltd. TO: Pete R Pizarro Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20040824-00350, held by eLandia Technologies, Inc. (ELT), from Stanford International Bank, Ltd. (SIBL) to Pete R. Pizarro. ELT is a direct wholly-owned subsidiary of eLandia International, Inc. On February 6, 2009, without prior Commission consent, eLandia International undertook a capital structure reorganization whereby eLandia International converted the principal amount of its debt to SIBL into eLandia International preferred non-voting stock, reduced SIBL's ownership of eLandia International common stock from 68.1% to 49.9%, and placed the shares of eLandia International held by SIBL into a voting trust. Mr. Pizarro, a U.S. citizen, is the trustee for the Voting Trust and has the right to vote the shares held by the Voting Trust - which currently represent 44.75% of the common stock of eLandia International -- on most matters. Mr. Pizarro also individually owns 2.75% of the outstanding common shares of eLandia International. Thus, Mr. Pizarro exercises the right to vote 47.5% of the voting shares of eLandia International and exercises control over eLandia International and its subsidiaries, including ELT. On February 16, 2009, SIBL was placed into receivership by order of the U.S. District Court for the Northern District of Texas in connection with a lawsuit brought by the Securities and Exchange Commission against SIBL. Securities and Exchange Commission v. Stanford Int'l Bank, Case No. 3-09CV0298-N (N.D. Tex). The court has appointed Ralph S. Janvey as the Receiver. The Voting Trust certificates are part of the Receivership Estate, but the assets and business operations of eLandia and its affiliates are not part of the Receivership Estate. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in this proceeding on June 2, 2010, by the Department of Homeland Security (DHS) with concurrence from the Department of Justice. Accordingly, we condition grant of this application on the commitments set forth in the May 28, 2010 letter from Mr. Pizarro to David Heyman, Assistant Secretary for Policy, DHS, and Marlene H. Dortch, Secretary, FCC, and on compliance with the commitments set forth in the January 9, 2009 Agreement between American Samoa Hawaii Cable, LLC and AST Telecom, LLC, on the one hand, and DHS, on the other (the "Executive Branch Agreement"). The Petition, which attaches the May 28, 2010 letter, and the Executive Branch Agreement may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20100324-00122 and accessing "Other Filings related to this application" from the Document Viewing Area. 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-20100701-00267 E Bresnan Digital Services, LLC Transfer of Control Grant of Authority Date of Action: 08/20/2010 Current Licensee: Bresnan Digital Services, LLC FROM: William J Bresnan TO: WILLIAM J. BRESNAN REVOCABLE TRUST Application for consent to the involuntary transfer of control of international section 214 authorization, ITC-214-20061117-00525, held by Bresnan Digital Services, LLC (BDS), a wholly-owned subsidiary of Bresnan Broadband Holdings, LLC (Bresnan Holdings). Pursuant to a management agreement between Bresnan Communications Inc. (BCI) and Bresnan Holdings, William J. Bresnan, the sole owner and director of BCI, exercised control over Bresnan Holdings and all of its subsidiaries, including BDS. Upon his death on November 29, 2009, direct control over BCI, and consequently BDS, transferred from Mr. Bresnan to the William J. Bresnan Revocable Trust (Trust). The co-trustees of the Trust are Jeffery S. DeMond and J.P. Morgan Chase Bank, N.A. The beneficiaries of the Trust are: Robert Bresnan, Michael Bresnan. Daniel Bresnan, Colleen Shelden, Mary Cashman, and Maureen Bresnan. The following entities hold a ten percent or great ownership interest in Bresnan Holdings: Providence Equity Partners IV, LP (42.47%); Comcast of Montana I, LLC (12.75%); and, Quadrangle Access Capital Partners, LP (10.5%). The transfer of control of BCI from Mr. Bresnan to the Trust did not affect the ownership of Bresnan Holdings. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 4 of 7

ITC-T/C-20100721-00291 E Reliance Globalcom Services, Inc. Transfer of Control Grant of Authority Date of Action: 08/12/2010 Current Licensee: Reliance Globalcom Services, Inc. FROM: Reliance Communications Limited TO: Reliance Communications Limited Notification filed July 21, 2010 of the pro forma transfer of control of international section 214 authorization, ITC-214-20031104-00505, held by Reliance Globalcom Services, Inc. (RGSI), effective June 22, 2010. Reliance Communications Limited (RCOM), the indirect controlling parent of RGSI, inserted a wholly-owned subsidiary, Reliance Communications Infrastructure Limited (RCIL), in the ownership chain between it and Reliance Globalcom BV (RGBV), another wholly-owned subsidiary of RCOM. RCOM still has 100% ownership in RGBV, 89.24% directly and 10.76% indirectly through RCIL. RCOM continues to be the ultimate corporate parent of RGSI, and RCOM continues to be majority-owned and controlled by Mr. Anil Ambani. ITC-T/C-20100721-00292 E Vanco Solutions, Inc. Transfer of Control Grant of Authority Date of Action: 08/12/2010 Current Licensee: Vanco Solutions, Inc. FROM: Reliance Communications Limited TO: Reliance Communications Limited Notification filed July 21, 2010 of the pro forma transfer of control of international section 214 authorization, ITC-214-20070703-00260, held by Vanco Solutions, Inc. (Vanco), effective June 22, 2010. Reliance Communications Limited (RCOM), the indirect controlling parent of Vanco, inserted a wholly-owned subsidiary, Reliance Communications Infrastructure Limited (RCIL), in the ownership chain between it and Reliance Globalcom BV (RGBV), another wholly-owned subsidiary of RCOM. RCOM still has 100% ownership in RGBV, 89.24% directly and 10.76% indirectly through RCIL. RCOM continues to be the ultimate corporate parent of Vanco, and RCOM continues to be majority-owned and controlled by Mr. Anil Ambani. ITC-T/C-20100721-00293 E Vanco US, LLC Transfer of Control Grant of Authority Date of Action: 08/12/2010 Current Licensee: Vanco US, LLC FROM: Reliance Communications Limited TO: Reliance Communications Limited Notification filed July 21, 2010 of the pro forma transfer of control of international section 214 authorizations, ITC-214-20020515-00270 and ITC-214-20070703-00262, held by Vanco US, LLC (Vanco US), effective June 22, 2010. Reliance Communications Limited (RCOM), the indirect controlling parent of Vanco US, inserted a wholly-owned subsidiary, Reliance Communications Infrastructure Limited (RCIL), in the ownership chain between it and Reliance Globalcom BV (RGBV), another wholly-owned subsidiary of RCOM. RCOM still has 100% ownership in RGBV, 89.24% directly and 10.76% indirectly through RCIL. RCOM continues to be the ultimate corporate parent of Vanco US, and RCOM continues to be majority-owned and controlled by Mr. Anil Ambani. ITC-T/C-20100721-00300 E Reliance Communications, Inc. Transfer of Control Grant of Authority Date of Action: 08/12/2010 Current Licensee: Reliance Communications Inc FROM: Reliance Communications Limited TO: Reliance Communications Limited Notification filed July 21, 2010 of the pro forma transfer of control of international section 214 authorization, ITC-214-20021107-00535, held by Reliance Communications, Inc. (RCI), effective June 22, 2010. Reliance Communications Limited (RCOM), the indirect controlling parent of RCI, inserted a wholly-owned subsidiary, Reliance Communications Infrastructure Limited (RCIL), in the ownership chain between it and Reliance Globalcom BV (RGBV), another wholly-owned subsidiary of RCOM. RCOM still has 100% ownership in RGBV, 89.24% directly and 10.76% indirectly through RCIL. RCOM continues to be the ultimate corporate parent of RCI, and RCOM continues to be majority-owned and controlled by Mr. Anil Ambani. Page 5 of 7

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 6 of 7

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 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 47 C.F.R. § 63.22(c). Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice, DA 10-112, dated January 21, 2010, "Modification of Process to Accept Applications for Service to Cuba and Related Matters.") 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 7 of 7


Document Created: 2010-08-25 17:45:18
Document Modified: 2010-08-25 17:45:18
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