Public Notice TEL01457

International Telecommunications

Action Taken Public Notice

2010-09-23

FCC.report > IB > Public Notices > TEL01457

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IBFS_PN_841220

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. 10-1798 Report No. TEL-01457 Thursday September 23, 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-20100122-00002 P Hawaiian Telcom, Inc. Petition for Declaratory Ruling Grant of Authority Date of Action: 09/15/2010 Hawaiian Telcom, Inc. (HTI or "Petitioner") requests a declaratory ruling under section 310(b)(4) of the Communications Act of 1934, as amended, that it would serve the public interest to allow up to 100 percent indirect foreign ownership of HTI. HTI holds common carrier licenses in the fixed point-to point microwave, rural radiotelephone, basic exchange telephone radio and local television transmission services. Petitioner seeks this ruling in connection with applications for HTI, Hawaiian Telcom Services Company, Inc. (HT Services), a sister company, and their parents to emerge from bankruptcy. See WC Docket No. 10-41. HTI, a Hawaii corporation, is wholly owned by Hawaiian Telcom Communications, Inc. (HTC), a Delaware corporation, which is in turn wholly owned by Hawaiian Telcom Holdco, Inc. (Holdco), a Delaware corporation. Carlyle Partners III Hawaii, L.P., CP III Coinvestment, L.P., and Carlyle Hawaii Partners, L.P. (The Carlyle Group), a private equity firm, together with Carlyle Partners III-UST Hawaii, L.P., own 100 percent of Holdco. On December 1, 2008, HTI, HT Services, HTC and Holdco filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. On December 30, 2009, the Bankruptcy Court issued an order approving a Plan of Reorganization. Hawaiian Telcom Communications, Inc. et al., Ch. 11, Case No. 08-02005, Order Confirming the Joint Chapter 11 Plan of Reorganization of Hawaiian Telcom Communications, Inc. and its Debtor Affiliates (Bankr. D. Haw. Dec. 30, 2009). Petitioner states that, under the Plan of Reorganization, the Holdco common stock held by Holdco's current owners will be cancelled, and new Holdco common stock will be issued to the Senior Secured Parties of HTC, subject to dilution in accordance with the terms of the Plan of Reorganization. According to Applicants, the Senior Secured Parties consist of U.S. and foreign-organized banks, mutual funds, collateralized loan obligations, hedge funds, and similar institutions and funds. Petitioner further states that no single entity or group of affiliated entities will hold ten percent or more of the new Holdco common stock and that no person or entity will exercise control. The new Holdco common stock will be publicly traded and, for at least two years, will be subject to restrictions preventing a person that controls 4.75 percent or more of the stock from acquiring any additional shares without prior approval from the Holdco Board of Directors. Petitioner anticipates that at the completion of the reorganization, 46.499% of the interests of Holdco will be held by banks, insurance companies, pension plans, foundations/endowments, private equity funds or management investment companies that are organized and have their principal places of business in the United States. Petitioner further anticipates that 45.742% of the interests in Holdco will be held by banks, insurance companies, pension plans, foundations/endowments, private equity funds or management investment companies that are organized or have their principal places of business in the following World Trade Organization (WTO) Member countries: Australia, Belgium, Bermuda, British Virgin Islands, Canada, Cayman Islands, Denmark, France, Guernsey, Ireland, Italy, Japan, Jersey, Luxembourg, Netherlands, Norway, Singapore, Switzerland and the United Kingdom. Finally, Petitioner anticipates that 7.759% of the interests in Holdco will be held by entities from non-WTO Member countries (0.005% from the Bahamas) or by entities for which the citizenship is unknown (7.754%). 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 the indirect foreign ownership of HTI in excess of the 25 percent benchmark in section 310(b)(4) is consistent with the public interest. Specifically, this ruling allows up to 100 percent indirect foreign ownership of HTI as a result of foreign equity and/or voting interests held directly or indirectly in its controlling U.S. parent, Hawaiian Telcom Holdco, Inc. (Holdco), subject to the following conditions: (1) HTI shall obtain prior Commission approval before any foreign individual or entity acquires a direct or indirect equity and/or voting interest in Holdco in excess of 25 percent; and (2) HTI shall obtain prior Commission approval before Holdco's direct or indirect equity and/or voting interests from non-WTO Member countries (including interests from unknown countries) exceeds 25 percent. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-214-20071211-00495 E Bharti Airtel Limited International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 09/14/2010 Application for authority to provide facilities-based service on the U.S.-Singapore route in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service on the U.S.-Singapore route in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). Applicant agrees to be classified as a dominant carrier on the U.S.-Singapore route pursuant to 47 C.F.R. § 63.10 of the rules. ITC-214-20100728-00315 E WYN TELECOM INC. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/17/2010 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 2 of 8

ITC-214-20100730-00330 E Prime Time Ventures, LLC International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/17/2010 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-214-20100804-00318 E IDT Telecom, Inc. International Telecommunications Certificate Service(s): Individual Facilities-Based and Resale Service Grant of Authority Date of Action: 09/20/2010 Application for authority to provide facilities-based and resale service on the U.S.-Cuba route in accordance with section 63.18(e)(3) of the Commission’s rules, 47 C.F.R. § 63.18(e)(3), and pursuant to the Commission’s process for applications for service to Cuba (see DA 10-112, 25 FCC Rcd 436 (IB rel. Jan. 21, 2010)). ITC-214-20100817-00332 E GAIP, 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: 09/17/2010 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-214-20100823-00348 E Southeast Colorado Power Association d/b/a SECOM International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/17/2010 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-214-20100826-00346 E Cundo, 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: 09/17/2010 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-214-20100827-00347 E First Telecom Services, 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: 09/17/2010 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-214-20100901-00351 E Nutel Communications, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 09/17/2010 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-20100122-00038 E Hawaiian Telcom Services Company, Inc. Assignment Grant of Authority Date of Action: 09/15/2010 Current Licensee: Hawaiian Telcom Services Company, Inc., Debtor-in-Possession FROM: Hawaiian Telcom Services Company, Inc., Debtor-in-Possession TO: Hawaiian Telcom Services Company, Inc. Application filed for consent to the assignment of international section 214 authorizations, ITC-214-20040630-00512 and ITC-214-20040630-00513, held by Hawaiian Telcom Services Company, Inc., Debtor-in-Possession (HT Services DIP) to Hawaiian Telcom Services Company, Inc. (HT Services). HT Services DIP is wholly owned by Hawaiian Telcom Communications, Inc. (HTC), which is in turn wholly owned by Hawaiian Telcom Holdco, Inc. (Holdco). Carlyle Partners III Hawaii, L.P., CP III Coinvestment, L.P., and Carlyle Hawaii Partners, L.P. (The Carlyle Group), a private equity firm, together with Carlyle Partners III-UST Hawaii, L.P., own 100 percent of Holdco. On December 1, 2008, HT Services, its sister company, Hawaiian Telcom, Inc., HTC and Holdco filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. On December 30, 2009, the Bankruptcy Court issued an order approving a Plan of Reorganization. Hawaiian Telcom Communications, Inc. et al., Ch. 11, Case No. 08-02005, Order Confirming the Joint Chapter 11 Plan of Reorganization of Hawaiian Telcom Communications, Inc. and its Debtor Affiliates (Bankr. D. Haw. Dec. 30, 2009). Under the Plan of Reorganization, the Holdco common stock held by Holdco's current owners will be cancelled, and new Holdco common stock will be issued to the Senior Secured Parties of HTC, subject to dilution in accordance with the terms of the Plan of Reorganization. The Senior Secured Parties consist of U.S. and foreign-organized banks, mutual funds, collateralized loan obligations, hedge funds, and similar institutions and funds. No single entity or group of affiliated entities is expected to hold ten percent or more of the new Holdco common stock and no person or entity will exercise control. The new Holdco common stock will be publicly traded and, for at least two years, will be subject to restrictions preventing a person that controls 4.75 percent or more of the stock from acquiring any additional shares without prior approval from the Holdco Board of Directors. Grant of this application is conditioned on Applicant notifying the Commission in writing of the final equity and voting interests in Holdco within 30 days of the consummation of this transaction. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20100820-00339 E Knology of Kansas, Inc. Assignment Grant of Authority Date of Action: 09/17/2010 Current Licensee: WorldNet L.L.C. FROM: WorldNet L.L.C. TO: Knology of Kansas, Inc. Application filed for consent to the partial assignment of assets held by WorldNet, L.L.C. (WorldNet) to Knology of Kansas, Inc. (WorldNet and World Company, which has a 98% ownership interest in WorldNet, provide telecommunications services in Kansas under the name Sunflower Broadband (Sunflower)). Pursuant to the terms of an asset purchase agreement dated August 3, 2010, Knology of Kansas will acquire from World Company d/b/a Sunflower and WorldNet d/b/a Sunflower certain of their assets relating to the provision of telecommunications services, including customer contracts. WorldNet will retain its international section 214 authorization; ITC-214-20010613-00337. Knology of Kansas will provide international service to its newly acquired customers under the international section 214 authority held by its 100% parent, Knology Inc., ITC-214-20000203-00075, pursuant to section 63.24(h) of the Commission's rules, 47 C.F.R. § 63.24(h). Knology of Kansas is a direct, wholly-owned subsidiary of Knology, Inc. The following entities and individual, all U.S. citizens, collectively hold 13.1% equity interest in Knology, Inc.: The Burton Partnership (QP), Limited Partnership (9.7%); The Burton Partnership, Limited Partnership (3.2%) (jointly Burton Partnerships); and Donald W. Burns (.2%) (general or managing partner of the Burton Partnerships). No other entity or individual holds directly or indirectly a 10 percent or greater equity or voting interest in Knology, Inc. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20100820-00340 E SouthEast Telephone, Inc. Debtor-in-Possession Assignment Grant of Authority Date of Action: 09/22/2010 Current Licensee: SouthEast Telephone, Inc. FROM: SouthEast Telephone, Inc. TO: SouthEast Telephone, Inc. Debtor-in-Possession Notification filed August 20, 2010 of the pro forma assignment of international section 214 authorization, ITC-214-19960925-00466 (Old File No. ITC-96-531) from SouthEast Telephone, Inc. (SouthEast) to SouthEast Telephone, Inc. Debtor-In-Possession (SouthEast DIP), effective September 28, 2009. SouthEast filed a petition for relief under Chapter 11 of the U.S. Bankruptcy Code, in the U.S. Bankruptcy Court for the Eastern District of Kentucky, Pikeville Division, Case No. 09-70731 on September 28, 2009. Page 4 of 8

ITC-ASG-20100908-00355 P SouthEast Telephone, Inc. Assignment Grant of Authority Date of Action: 09/22/2010 Current Licensee: SouthEast Telephone, Ltd. FROM: SouthEast Telephone, Ltd. TO: SouthEast Telephone, Inc. Notification filed September 8, 2010, of the pro forma assignment of international section 214 authorization, ITC-214-19960925-00466 (Old File No. ITC-96-531) from SouthEast Telephone, Ltd. to SouthEast Telephone, Inc., effective April 23, 1998. The assignment occurred when SouthEast Telephone, Ltd. merged with and into its general partner, Dade-Maynard, Inc., with Dade-Maynard, Inc., surviving the transaction. Upon closing, Dade-Maynard, Inc. changed its name to SouthEast Telephone, Inc. ITC-T/C-20100809-00320 E Public Communications Services, Inc. Transfer of Control Grant of Authority Date of Action: 09/17/2010 Current Licensee: Public Communications Services, Inc. FROM: Public Communications Services, Inc. TO: Global Tel*Link Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19980903-00628, and certain assets held by Public Communications Services, Inc. (PCS), from its current shareholders to Global Tel*Link Corporation (GTL). Pursuant to the terms of a Stock Purchase Agreement executed on August 5, 2010, the current shareholders of PCS will transfer all of their shares of PCS to GTL. As a result, PCS will become a wholly-owned direct subsidiary of GTL. GTL is an indirect wholly-owned subsidiary of GTEL Holding, LLC. GTEL Holding, LLC is owned by The Veritas Capital Fund III, L.P. (VCF III L.P.) (44%) and GS Direct L.L.C. (16%). Veritas Capital Partners III, L.L.C. (VCP III LLC) is the sole general partner of VCF III L.P. and Robert B. McKeon, a U.S. citizen, is the managing member of VCP III LLC. Credit Suisse Private Equity, Inc. holds an approximately 14% interest in GTEL Holding, LLC through interests in VCF III L.P. The Goldman Sachs Group, Inc. owns 100% of GS Direct L.L.C. and thus has a 16% indirect interest in GTEL Holding, LLC. RDV Corporation, which is owned by the DeVos family, holds an aggregate 12.5% interest in GTEL Holding, LLC: 6.42% through GT Group Investors, LLC; 3.14% through 804 Investors LLC; and, 2.95% through VCF III L.P. No other entity or individual holds 10 percent or greater direct or indirect equity or voting interests in GTEL Holding LLC or GTL. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20100917-00368 E Vizada, Inc. Transfer of Control Grant of Authority Date of Action: 09/22/2010 Current Licensee: Vizada, Inc. FROM: MobSat Group Holdings S.a r.l. TO: Chrysaor S.a r.l. Notification filed September 20, 2010, of the pro forma transfer of control of international section 214 authorizations, ITC-214-20061213-00558 and ITC-214-20061213-00559, held by Vizada, Inc., from Mobsat Group Holding S.a.r.l. to Chrysaor S.a.r.l., effective August 20, 2010. In a restructuring of Vizada's ownership chain, a majority of the shares in Mobsat Group Holding, Vizada's indirect 100% parent, were transferred to Chrysaor, a newly formed holding company organized in Luxembourg. Shareholders who previously held interests in Mobsat Group Holdings now own 97.2% of the shares of Chrysaor. Apax France VI which had a 53.7% ownership interest in and control of Mobsat Group Holding now has a 52.1% ownership interest and control of Chrysaor. ITC-T/C-20100917-00369 E Marlink, Inc. Transfer of Control Grant of Authority Date of Action: 09/22/2010 Current Licensee: Marlink, Inc. FROM: MobSat Group Holdings S.a r.l. TO: Chrysaor S.a r.l. Notification filed September 20, 2010, of the pro forma transfer of control of international section 214 authorization, ITC-214-20010529-00341, held by Marlink, Inc., from Mobsat Group Holding S.a.r.l. to Chrysaor S.a.r.l., effective August 20, 2010. In a restructuring of Marlink's ownership chain, a majority of the shares in Mobsat Group Holding, Marlink's indirect 100% parent, were transferred to Chrysaor, a newly formed holding company organized in Luxembourg. Shareholders who previously held interests in Mobsat Group Holding now own 97.2% of the shares of Chrysaor. Apax France VI which had a 53.7% ownership interest in and control of Mobsat Group Holding now has a 52.1% ownership interest and control of Chrysaor. Page 5 of 8

Dismissal ITC-214-20100709-00277 Dinamica Telecom, Inc By letter filed September 10, 2010, Applicant notified the Commission of the withdrawal of its international section 214 application. ITC-214-20100805-00326 CLEAR CHOICE TELECOM INC. By letter filed September 15, 2010, Applicant notified the Commission of the withdrawal of its international section 214 application. 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 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 8 of 8


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Document Modified: 2010-09-22 16:33:45
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