Public Notice TEL01500

International Telecommunications

Action Taken Public Notice

2011-06-02

FCC.report > IB > Public Notices > TEL01500

17 Filings Included [expand]

IBFS_PN_891463

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. 11-985 Report No. TEL-01500 Thursday June 2, 2011 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-214-20100713-00278 E ATN Telecom 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: 06/01/2011 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-214-20100927-00443 E WiMacTel, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 05/31/2011 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 1 of 7

ITC-214-20101101-00434 E KVH 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: 05/19/2011 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-214-20110429-00125 E Silicon Business System Inc International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 05/27/2011 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-214-20110502-00117 E Allvoitel, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 05/27/2011 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-214-20110509-00129 E Sialk Inc. International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 05/27/2011 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-20110412-00100 E Shoreham Telephone Company LLC Assignment Grant of Authority Date of Action: 05/27/2011 Current Licensee: Shoreham Telephone Company, Inc. FROM: Shoreham Telephone Co., Inc. TO: Shoreham Telephone Company LLC Application filed for the assignment of international section 214 authorization, ITC-214-20110201-00041, from Shoreham Telephone Company, Inc. d/b/a Shoreham Long Distance (Shoreham) to Shoreham Telephone LLC (Shoreham Telephone). In a two-step transaction, Shoreham Telephone, a newly-formed wholly owned subsidiary of Otelco, Inc. (Otelco), will purchase all of the issued and outstanding capital stock of Shoreham. Upon closing of the stock purchase, Shoreham will be merged into Shoreham Telephone, with Shoreham Telephone being the surviving entity. Otelco is a publicly-held corporation in which no individual or entity has a 10 percent or greater ownership interest. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-ASG-20110517-00138 E Core180, LLC Assignment Grant of Authority Date of Action: 06/01/2011 Current Licensee: Core180, Inc. FROM: Core180, Inc. TO: Core180, LLC Notification filed May 17, 2011 of the pro forma assignment of certain assets, including international section 214 authorization, ITC-214-20061129-00560, held by Core180, Inc., a Delaware entity, to its wholly owned subsidiary Core180, LLC, a Delaware limited liability company, effective March 9, 2011. In addition, Core180, Inc. distributed its ownership interests in Core180, LLC among Core180, Inc.'s existing owners. Upon closing, the following individuals, all U.S. citizens, hold 10 percent or greater ownership interests in Core180, LLC: Richard Murphy (25.03%); Scott Murphy (24.20%); Mary Ann Elliott (13.28%). Page 2 of 7

ITC-ASG-20110525-00144 E General Dynamics Satellite Communication Services, LLC Assignment Grant of Authority Date of Action: 06/01/2011 Current Licensee: General Dynamics - Satellite Communication Services, Inc. FROM: General Dynamics - Satellite Communication Services, Inc. TO: General Dynamics Satellite Communication Services, LLC Notification filed May 25, 2011, of the pro forma assignment of international section 214 authorization, ITC-214-19980807-00547 (Old File No. ITC-98-589), held by General Dynamics Satellite Communications Services, Inc. (GD SCS Inc.), a Delaware corporation, to General Dynamics Satellite Communication Services, LLC (GD SCS LLC), a Delaware limited liability company, that occurred when GD SCS Inc., converted to a limited liability company, GD SCS LLC, effective May 12, 2011. ITC-T/C-20100923-00385 E STi Prepaid, LLC Transfer of Control Grant of Authority Date of Action: 05/23/2011 Current Licensee: STi Prepaid, LLC FROM: STi Prepaid, LLC TO: Vivaro Corporation Application filed for consent to the transfer of control of international section 214 authorizations, ITC-214-20020531-00293 and ITC-214-20010220-00085, held by STi Prepaid LLC (STi) to Vivaro Corporation (Vivaro). Pursuant to the terms of an agreement and plan of merger, STi will merge with and into Vivaro Acquisition, LLC, a wholly-owned subsidiary of Vivaro, with STi being the surviving entity. Vivaro is a wholly-owned subsidiary of Progress International, LLC (Progress), which is wholly owned by IXC International, LLC (IXC). IXC is wholly owned by Telecom Overseas C.V. (TOCV), a limited partnership organized under the laws of The Netherlands. TOCV is owned as follows: general partner Stichting Jarda, a Dutch foundation (less than 1% interest); limited partner Gustavo M. de la Garza Ortega, a Mexican citizen (more than 99%). This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20110126-00024 E eKit.com, Inc. Transfer of Control Grant of Authority Date of Action: 05/27/2011 Current Licensee: eKit.com, Inc. FROM: eKit.com, Inc. TO: Jersey Telecom (UK) Limited Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20060810-00384, held by eKit.com, Inc. (eKit) to Jersey Telecom (UK) Limited (Jersey UK). Pursuant to the terms of an underlying Agreement and Plan of Merger, Jersey Telecom, Inc. (JTI), a wholly-owned subsidiary of Jersey UK, will merge with and into eKit, with eKit being the surviving entity. Upon closing, eKit will become a direct wholly-owned subsidiary of Jersey UK. Jersey UK is 100 percent owned by JT Group Limited, a Bailiwick of Jersey limited company, which is in turn wholly owned by the Government of the Bailiwick of Jersey. We grant the Petition to Adopt Conditions to Authorizations and Licenses filed in the proceeding on May 26, 2011, by the Department of Justice ("DOJ"). Accordingly, we condition grant of this application on the commitments and undertakings set forth in the May 23, 2011 Letter of Assurance ("LOA") from John Diamond, CEO of eKit and Graeme Millar, Director of Jersey UK, to Todd M. Hinnen, Acting Assistant Attorney General, National Security Division, DOJ. The Petition and the LOA may be viewed on the FCC's website through the International Bureau Filing System (IBFS) by searching for ITC-T/C-20110126-00024 and accessing "Other Filings related to this application" from the Document Viewing Area. This authorization is without prejudice to the Commission's action in any other related pending proceedings. Page 3 of 7

ITC-T/C-20110420-00108 E Smoothstone IP Communications Corporation Transfer of Control Grant of Authority Date of Action: 05/27/2011 Current Licensee: Smoothstone IP Communications Corporation FROM: Smoothstone IP Communications Corporation TO: West Corporation Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-20110309-00066, held by Smoothstone IP Communications Corporation (Smoothstone) to West Corporation (West). Pursuant to the terms of an underlying agreement and plan of merger, dated April 11, 2011, Goliath Merger Corporation (Merger Sub), a newly formed wholly-owned subsidiary of West, will merge with and into Smoothstone, with Smoothstone being the surviving entity. Upon closing, Smoothstone will become a wholly-owned subsidiary of West. West is primarily owned by the following individuals and entities, all U.S. citizens: Gary L. West (11.8% Class A shares; 12.5% Class L shares), Mary E. West (10.9% Class A shares; 12.5% Class L shares), both U.S. citizens, and two investment funds, the Quadrangle Group Funds (11.4% Class A share; 12.5% Class L shares) (Quadrangle Funds) (common general partner Quadrangle GP Investors II LP (Quadrangle GP II)), and the Thomas H. Lee Funds (THL Funds), consisting of six subsidiary funds (aggregate interest 54.6% Class A shares; 60.1% Class L shares). Quadrangle Funds' interest in West is held through three entities: Quadrangle Capital Partners II LP, Quadrangle Select Partners II LP, and Quadrangle Capital Partners II-A LP. Quadrangle GP Investors II LP (Quadrangle GP II) is the general partner for all three. Voting or investment control over securities that the Quadrangle Funds own are acted upon by the investment committee of QCP GP Investors II LLC (QCP GP II) as general partner of Quadrangle GP II. The current members of the investment committee of QCP GP II are Michael A. Huber, Peter R. Ezersky and Steven G. Felsher. THL Funds' interest in West is held primarily through six subsidiary funds: Thomas H. Lee Equity Fund VI, L.P. (22.6% Class A shares, 24.9% Class L shares); Thomas H. Lee Parallel Fund VI, L.P. (15.3% Class A shares, 16.9% Class L shares); Thomas H. Lee Parallel Fund (DT) Fund VI, L.P. (2.7 % Class A shares, 2.9% Class L shares); THL Coinvestment Partners, L.P. (0.0% Classes A and L shares); THL Equity Fund VI Investors (West), L.P. (11.9% Class A shares, 13.1% Class L shares); (West THL Equity Fund VI Investors) HL, L.P. (1.8% Class A shares, 2.0% Class L shares). THL Equity Advisors VI, LLC is general partner of the following five THL Funds: Thomas H. Lee Equity Fund VI, L.P.; Thomas H. Lee Parallel Fund VI, L.P.; Thomas H. Lee Parallel (DT) Fund VI, L.P.; THL Equity Fund VI Investors (West), L.P.; and THL Equity Fund VI Investors (West) HL, L.P. Thomas H. Lee Partners, L.P. is the sole member of THL Equity Advisors VI, LLC and general partner of the sixth THL Fund: THL Coinvestment Partners, L.P. Thomas H. Lee Advisors, LLC (Advisors) is the general partner of Thomas H. Lee Partners, L.P. Voting or investment control over securities that the THL Funds own are acted upon by majority vote of the members of a ten-member committee, whose current members are Todd M. Abbrecht, Charles A. Brizius, Anthony J. DiNovi, Thomas M. Hagerty, Scott L. Jaeckel, Seth W. Lawry, Soren L. Oberg, Scott A. Schoen, Scott M. Sperling and Kent R. Weldon. Only Thomas H. Lee Equity Fund VI, L.P., Thomas H. Lee Parallel Fund VI, L.P. and THL Equity Fund VI Investors (West), L.P. individually hold more than 10% of West Corporation and, post-close, will hold more than 10% of Smoothstone. No limited partner in the Thomas H. Lee Fund holds a ten percent or greater interest in West. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20110518-00139 E SAVVIS, Inc. Transfer of Control Grant of Authority Date of Action: 06/01/2011 Current Licensee: SAVVIS, Inc. FROM: Welsh, Carson, Anderson & Stowe VIII, L.P. TO: SAVVIS, Inc. Notification filed May 18, 2011, of the pro forma transfer of control of international section 214 authorization, ITC-214-20040122-00026, held by SAVVIS Inc. f/k/a SAVVIS Asset Holdings, Inc. (SAVVIS Holdings), from Welsh, Carson, Anderson & Stowe VIII, L.P. (WCAS VIII) to the shareholders of SAVVIS Holdings, effective February 21, 2007. According to the applicants, as a result of a series of transactions that occurred gradually over time, including principally distributions of SAVVIS Holdings shares to partners of WCAS VIII, the aggregate 55% voting interest in SAVVIS Holdings held by WCAS VIII and WCAS Management Corporation (WCASMC) fell below 50% on February 21, 2007. WCAS VIII remains the largest shareholder of SAVVIS Holdings, with a 17.9% voting interest; WCASMC and WCAS principals hold voting interests of 0.1% and 4.8%, respectively. The eight member board of directors of SAVVIS Holdings includes a WCAS VIII principal, a former WCAS VIII principal, and a former WCAS VIII employee. Page 4 of 7

ITC-T/C-20110518-00140 E SAVVIS Communications Corporation Transfer of Control Grant of Authority Date of Action: 06/01/2011 Current Licensee: SAVVIS Communications Corporation FROM: Welsh, Carson, Anderson & Stowe VIII, L.P. TO: SAVVIS, Inc. Notification filed May 18, 2011, of the pro forma transfer of control of international section 214 authorization, ITC-214-20020627-00315, held by SAVVIS Communications Corporation (SAVVIS), from Welsh, Carson, Anderson & Stowe VIII, L.P. (WCAS VIII) to the shareholders of SAVVIS' corporate parent, SAVVIS Inc. f/k/a SAVVIS Asset Holdings, Inc. (SAVVIS Holdings), effective February 21, 2007. According to the applicants, as a result of a series of transactions that occurred gradually over time, including principally distributions of SAVVIS Holdings shares to partners of WCAS VIII, the aggregate 55% voting interest in SAVVIS Holdings held by WCAS VIII and WCAS Management Corporation (WCASMC) fell below 50% on February 21, 2007. WCAS VIII remains the largest shareholder of SAVVIS Holdings, with a 17.9% voting interest; WCASMC and WCAS principals hold voting interests of 0.1% and 4.8%, respectively. The eight member board of directors of SAVVIS Holdings includes a WCAS VIII principal, a former WCAS VIII principal, and a former WCAS VIII employee. ITC-T/C-20110525-00146 E SOUTH CANAAN CELLULAR COMMUNICATIONS COMPANY, L.P.dba Cellular One of Northeast Transfer of Control Grant of Authority Date of Action: 06/01/2011 Current Licensee: SOUTH CANAAN CELLULAR COMMUNICATIONS COMPANY, L.P.dba Cellular One of Northeast FROM: USCIC OF PENNSYLVANIA 5, INC. TO: USCOC OF PENNSYLVANIA RSA NO. 10-B2, INC. Notification filed May 25, 2011, of the pro forma transfer of control of international section 214 authorization, ITC-214-20081020-00469, held by South Canaan Cellular Communications Company, L.P. d/b/a Cellular One of Northeast (SCC-LP), a Delaware limited partnership, from its general partner USCIC of Pennsylvania 5, Inc. (USCIC-PA5), to USCOC of Pennsylvania RSA No.10-B2, Inc. (USCOC-PA10), effective May 9, 2011. Both USCIC-PA5 and USCOC-PA10 are wholly-owned direct and indirect subsidiaries of United States Cellular Corporation, respectively. The pro forma transaction occurred when USCIC-PA5 transferred its 1% general partnership interest and 50% of its 99% limited partnership interests in SCC-LP, to USCOC-PA10. INFORMATIVE ITC-214-19980807-00547 General Dynamics Satellite Communication Services, LLC By letter filed May 26, 2011, Applicant notified the Commission that the following wholly-owned subsidiaries may provide international telecommunications service under the international section 214 authorization held by General Dynamics Satellite Communication Services, LLC, ITC-214-19980807-00547, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): General Dynamics Government Satellite Services, LLC. ITC-214-20110419-00106 VOX Group International, Inc. By letter filed May 18, 2011, Applicant notified the Commission that the following wholly-owned subsidiaries may provide international telecommunications service under the international section 214 authorization held by VOX Group International, Inc., ITC-214-20110419-00106, pursuant to section 63.21(h) of the Commission's rules, 47 CFR 63.21(h): VOX Prepaid, LLC. 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


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Document Modified: 2011-06-01 16:37:21
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