Attachment DA 02-289.pdf

DA 02-289.pdf

PUBLIC NOTICE submitted by FCC

DA 02-289

2002-02-07

This document pretains to SCL-LIC-19981117-00025 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC1998111700025_812174

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 02-289 Report No. TEL-00493 Thursday February 7, 2002 INTERNATIONAL AUTHORIZATIONS GRANTED Section 214 Applications (47 C.F.R. § 63.18); Cable Landing License Applications (47 C.F.R. § 1.767); Requests to Authorize Switched Services over Private Lines (47 C.F.R. § 63.16); 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). Grants under Section 63.16 and certain grants under Section 63.18 also authorize carriers generally to use their authorized private lines to provide switched services (ISR) between the United States and particular international points pursuant to 47 C.F.R. § 63.16. See also 47 C.F.R. §§ 63.22(e), 63.23(d). 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. These are set forth in detail below and in Sections 63.21, 63.22, and 63.23 of the Commission’s rules, 47 C.F.R. §§ 63.21-.23. 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. The Commission most recently amended its rules applicable to international telecommunications common carriers in 2000 Biennial Regulatory Review, Policy and Rules Concerning the International, Interexchange Marketplace, FCC 01-93, released, March 20, 2001, 66 Fed. Reg. 16874 (Mar. 28, 2001). See also IB Docket No. 97-142, Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Order on Reconsideration, 15 FCC Rcd 18158 (2000); IB Docket No. 98-118, Review of International Common Carrier Regulations, FCC 99-51, released March 23, 1999, 64 Fed. Reg. 19,057 (Apr. 19, 1999) and in IB Docket Nos. 98-148, 95-22, CC Docket No. 90-337 (Phase II), 1998 Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, FCC 99-73, released May 6, 1999, 64 Fed. Reg. 34, 734 (June 29, 1999). An updated version of Sections 63.09–.24 of the rules, and other related sections, is available at http://www.fcc.gov/ib/td/pf/telecomrules.html. Page 1 of 8

ISP-PDR-20011107-00057 D&E/OMNIPOINT WIRELESS JOINT VENTURE, L.P. ( d/b/a PCS One ) Petition for Declaratory Ruling Other Companies: Omnipoint Philadelphia E. Lancaster E License, LLC; VoiceStream Wireless Corporation Grant of Authority Date of Action: 02/01/2002 VoiceStream Wireless Corporation (VoiceStream) requests, pursuant to Section 310(b)(4) of the Communications Act of 1934, as amended, that the Commission find permissible the increase in the level of indirect foreign ownership in D&E/OmniPoint Wireless Joint Venture, L.P. (PCS One) and its wholly-owned subsidiary, OmniPoint Philadelphia E. Lancaster E License, LLC (OPEL), from 50% to 100%. This increase in indirect foreign ownership would occur upon consummation of proposed transfers of control of PCS One and OPEL to VoiceStream. Specifically, VoiceStream maintains that the proposed increase to 100% indirect foreign ownership in PCS One and OPEL by Deutsche Telekom AG (DT) is consistent with the Commission's decision in VoiceStream Wireless Corporation, Powertel, Inc. and Deutsche Telekom AG, 16 FCC Rcd 9779 (2001) (VoiceStream/DT Order), which authorized up to a 100% indirect investment in VoiceStream and its wholly-owned licensee subsidiaries by DT, and otherwise serves the public interest. See FCC File No. ISP-PDR-20011107-00057, listed as accepted for filing in Public Notice, Report No. TEL-004875S(January 18, 2002). VoiceStream is a wholly-owned domestic subsidiary of T-Mobile International AG, which in turn is a wholly-owned subsidiary of DT, a publicly-traded German corporation. Applicant asserts that, pursuant to the rules and policies established in the Commission's Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC 18158 (2000), the "home market" of DT is Germany, which is a WTO member. The Telecommunications Division (Division), finds that, pursuant to Section 310(b)(4), it would not serve the public interest to prohibit DT's 100% indirect foreign ownership of VoiceStream's wholly-owned licensee subsidiaries PCS One and OPEL. Specifically, this ruling permits the indirect foreign ownership of PCS One and OPEL in an amount up to 100% by DT and its German shareholders. ISP-PDR-20011228-00058 AT&T WIRELESS SERVICES, INC. ( d/b/a AT&T WIRELESS SERVICES, INC. ) Petition for Declaratory Ruling Grant of Authority Date of Action: 02/01/2002 AT&T Wireless Services, Inc. (AWS) requests that the Commission find permissible the indirect foreign ownership of two WTO-based foreign investors, NTT DoCoMo, Inc. (DoCoMo) and The AXA Group (AXA) in excess of the 25% benchmark in Section 310(b)(4) of the Communications Act of 1934, as amended. Specifically, AWS believes that it would serve the public interest to approve the existing 25.1% indirect non-controlling foreign ownership of AWS capital stock by DoCoMo and AXA, and allow additional non-controlling indirect foreign ownership up to 25% in the aggregate. See FCC File No. ISP-PDR-20011128-00058, listed as accepted for filing in Public Notice, Report No. TEL-004875S (January 18, 2002). AWS, a U.S. corporation, owns and controls subsidiaries holding domestic common carrier radio licenses under Title III of th Communications Act. These subsidiaries hold licenses in the cellular service, personal communications service, wireless communications service, local multipoint distribution service, and the point-to-point microwave service. According to the petition, DoCoMo, a Japanese telecommunications provider, owns approximately 16% of AWS’s capital stock. Nippon Telegraph and Telephone Corp. (NTT) holds 64.06% of DoCoMo’s capital stock, and the remainder is traded on the Tokyo Stock Exchange. Petitioner states that the Japanese Ministry of Finance’s 45.96% ownership of NTT results in a 4.7% indirect foreign government equity interest and a 7.34% voting interest in AWS. AXA, a French global insurance and financial management group owns approximately 9.1% of AWS’s capital stock. AXA’s stock is traded on the ParisBourse and it has ADRs listed on the NYSE. Applicant asserts that, pursuant to the rules and policies established in the Commission’s Foreign Participation Order, 12 FCC Rcd 23891 (1997), Order on Reconsideration, 15 FCC 18158 (2000), the “home markets” of the named foreign investors, DoCoMo and AXA, are Japan and France, respectively, which are WTO members. The Telecommunications Division (Division), finds that it would not serve the public interest to prohibit the indirect foreign ownership of the AWS licensees in excess of the 25% benchmark of Section 310(b)(4). Specifically, this ruling permits the indirect foreign ownership of the AWS licensees by DoCoMo and its Japanese shareholders (approximately 16%) and AXA and its French shareholders (approximately 9.1%). The AWS licensees may acquire an additional, aggregate 25% indirect equity and/or voting interests from DoCoMo, AXA, and other non-US investors without seeking further Commission approval under section 310(b)(4). Any non-Japanese foreign ownership of DoCoMo, and any non-French foreign ownership of AXA, shall be included for purposes of computing this additional aggregate amount of indirect foreign ownership. Moreover, no single, non-U.S. investor including DoCoMo and AXA and their respective Japanese and French shareholders, may acquire an individual, indirect ownership interest in excess of 25% in the AWS licensees without further Commission approval pursuant to section 310(b)(4). Page 2 of 8

ITC-214-19960927-00471 SATURN GLOBAL NETWORKS, INC. International Telecommunications Certificate Service(s): Limited Global Facilities-Based/Global Resale Service Discontinuance of Service Date of Action: 01/16/2002 Application for authority to operate as a facilities-based carrier in accordance with the provision of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provision of Section 63.18(e)(2) of the rules, excluding the United Kingdom, Gibraltar, Spain, Russia, Northern Ireland, France, Switzerland, the Netherlands, Belgium, Australia, Hong Kong, Italy, Germany and countries not eligible under the Commission's exclusion list. Previous File Number ITC-96-549 ITC-214-19961224-00648 SATURN GLOBAL NETWORKS, INC. International Telecommunications Certificate Service(s): Limited Global Facilities-Based/Global Resale Service Discontinuance of Service Date of Action: 01/16/2002 Application for authority to operate as a facilities-based carrier in accordance with the provisions of Section 63.18 (e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules between the United States and the following destinations: Spain, Ireland, Switzerland, Belgium, Australia, Hong Kong, Italy and Germany. Previous File Number ITC-97-003 ITC-214-20011129-00605 EIRTALK Limited International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/01/2002 Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-214-20011228-00654 Phone 1, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/01/2002 Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-214-20020108-00006 2TALK 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: 02/01/2002 Application for authority to operate as a facilities-based carrier in accordance with the provisions of Section 63.18(e)(1) of the rules and also to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. ITC-214-20020110-00007 CCMSB, Inc. International Telecommunications Certificate Service(s): Global or Limited Global Resale Service Grant of Authority Date of Action: 02/01/2002 Application for authority to provide service in accordance with the provisions of Section 63.18(e)(2) of the rules. Page 3 of 8

ITC-T/C-20020103-00009 Enhanced Communications Network, Inc. Transfer of Control Grant of Authority Date of Action: 02/01/2002 Current Licensee: Enhanced Communications Network, Inc. FROM: Enhanced Communications Network, Inc. TO: Pacific Telecom, Inc. Application for Consent to Transfer Control of Enhanced Communications Network, Inc. to Pacific Telecom, Inc. This authorization is without prejudice to Commission action on other related pending application(s). SCL-ASG-20011212-00024 GLOBAL CROSSING TELECOMMUNICATIONS, INC. Assignment Grant of Authority Date of Action: 01/22/2002 Current Licensee: GLOBAL CROSSING TELECOMMUNICATIONS, INC. FROM: INTERNATIONAL EXCHANGE NETWORKS LTD TO: GLOBAL CROSSING TELECOMMUNICATIONS, INC. Application for Consent to a pro forma asssignment of license to land and operate a Submarine Cable Network between the United States and Japan (Japan-US Cable) from International Exchange Networks, Ltd. to Global Crossing Telecommunications, Inc. INFORMATIVE ITC-214-19960530-00220 Global Crossing Telecommunications, Inc. Frontier Communications Services, Inc. has changed its name, by letter dated January 15, 2002. Other applications affected by this follows: ITC-85-126, ITC-87-113, ITC-87-179, ITC-88-013, ITC-88-152, ITC-95-295, ITC-214-19960621-00265 and SCL-LIC-19981117-00025. Frontier Communications of the West, Inc. ( ITC-91-193), changed its name to Global Crossing Bandwidth, Inc., by letter dated January 15, 2002. Frontier Communications International, Inc. ( ITC-91-077, ITC-93-186, ITC-94-381 and ITC-94-320), changed its name to Global Crossing North American Networks, Inc., by letter dated January 15, 2002. ITC-214-19960604-00226 Genuity Telecom Inc. GTE Telecom Incorporated has changed its name, by letter dated January 25, 2002. Previous File Number ITC-96-313. Other applications affected by this name change follows: ITC-95-443, ITC-94-237, ITC-94-357-TC, ITC-214-19960604-00227(ITC-96-314), ITC-214-19970804-00462(ITC-97-438) and ITC-214-19990708-00391. ITC-214-19960725-00340 ABS-CBN International Pursuant to Section 63.24 of the Commission's Rules ABS-CBN Telecom North America, Inc., hereby notifies the Commission of a pro forma assignment of license, by letter dated January 30, 2002. Previous File Number ITC-96-415 ITC-214-19970731-00444 Nushagak Long Distance Pursuant to Sections 63.19 and 63.71 of the Commission's Rules Nushagak Long Distance, hereby notifies the Commission of a discontinuance of international services to and from the service areas in and around Dillingham, Aleknagik, Portage Creek, Manokotak, Clarks Point and Ekuk, Alaska, by letter dated June 13, 2001. ITC-214-19970915-00555 AnTel Telecom, Inc. Andrew Telecom Inc. has changed its name, by letter dated January 15, 2002. Previous File Number ITC-97-607 Also, affected by this File Number ITC-T/C-20011030-00565 ITC-214-20001128-00698 Con Edison Communications, LLC Pursuant to Section 63.24 of the Commission's Rules, Consolidated Edison Communications, Inc., hereby notifies the Commission of a pro forma assignment of license, by letter dated January 29, 2002. ITC-T/C-19991110-00710 IEC COMMUNICATIONS, INC. Pursuant to Section 63.19 of the Commission's Rules The Chase Manhattan Corporation and IEC Communications, Inc., hereby notifies the Commission of a discontinuance of international service and seek to surrender its international Section 214 authorization (ITC-94-284), by letter dated January 15, 2002. ITC-T/C-20010731-00424 PrimeCo Spectrum Holdings LLC Page 4 of 8

INFORMATIVE Pursuant to Section 63.24 of the Commission's Rules, Chicago 20MHz, LLC, hereby notifies the Commission of a pro forma assignment of license, by letter dated November 28, 2001. Page 5 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 streamlined grant 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/td/pf/exclusionlist.html. 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. The Commission recently amended Section 63.11 of the rules in its Order on Reconsideration in IB Docket No. 97-142, 15 FCC Rcd 18158 (2000). (4) Carriers shall comply with the Commission's International Settlements Policy and associated filing requirements contained in Sections 43.51 and 64.1001 of the Commission's Rules, 47 C.F.R. §§ 43.51, 64.1001. The Commission modified these requirements most recently in 2000 Biennial Regulatory Review, Policy and Rules Concerning the International, Interexchange Marketplace, FCC 01-93, released, March 20, 2001, 66 Fed. Reg. 16874 (Mar. 28, 2001). See also 1998 Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, IB Docket Nos. 98-148, 95-22, CC Docket No. 90-337 (Phase II), FCC 99-73 (rel. May 6, 1999). 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 for which the Commission has authorized the provision of switched basic services over private lines at any time during a particular reporting period are exempt from this requirement. See 47 C.F.R. § 43.51(d). (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. In addition, the carriers may not -- and their tariffs must state that their customers may not -- connect their private lines to the public switched network at either the U.S. or foreign end, or both, for the provision of international switched basic services, unless the Commission has authorized the provision of switched services over private lines to the particular country at the foreign end of the private line or the carrier is exchanging switched traffic with a foreign carrier that the Commission has determined lacks market power in the country at the foreign end of the private line. See 47 C.F.R. §§ 63.16, 63.22(e), 63.23(d). A foreign carrier lacks market power for purposes of this rule if it does not appear on the Commission list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points. This list is available at http://www.fcc.gov/Bureaus/International/Public_Notices/1999/da990809.txt. See generally 1998 Biennial Regulatory Review - Reform of the International Settlements Policy and Associated Filing Requirements, IB Docket Nos. 98-148, 95-22, CC Docket No. 90-337 (Phase II), FCC 99-73 (rel. May 6, 1999), paras. 12-15, 102-109. (6) The Commission has authorized the provision of switched basic services via facilities-based or resold private lines between the United States and the following foreign points: Sweden, Canada, New Zealand, the United Kingdom, Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Austria, Switzerland, Japan, Italy, Ireland, Hong Kong, Iceland, Spain, Finland, Israel, Singapore, Netherlands Antilles, Poland, Argentina, United Arab Emirates, Macau, Hungary, Philippines, Greece, Uruguay, Brunei, Trinidad & Tobago, Czech Republic, the Dominican Republic, Brazil, Botswana, Costa Rica, South Africa, Saint Lucia, Saint Kitts & Nevis, Saint Vincent, Antigua, Malaysia, Thailand, Belize, Panama, Guatemala, Venezuela, Bahrain, South Korea, Portugal, Cyprus, Slovak Republic, Slovenia, Dominica, Grenada, Jamaica, Kuwait, Jordan, Paraguay, Croatia, Egypt, Zambia, Ecuador and Barbados. Page 6 of 8

(7) Carriers may engage in "switched hubbing" to countries for which the Commission has not authorized the provision of switched basic services over private lines consistent with Section 63.17(b) of the rules. (8) Carriers may provide U.S. inbound or outbound switched basic service via their authorized private lines extending between or among the United States, Sweden, New Zealand, the United Kingdom, Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Austria, Switzerland, Japan, Italy, Ireland, Hong Kong, Iceland, Spain, Finland, Israel, Singapore, Netherlands Antilles, Poland, Argentina, United Arab Emirates, Macau, Hungary, Philippines, Greece, Uruguay, Brunei, Trinidad & Tobago, Czech Republic, the Dominican Republic, Brazil, Botswana, Costa Rica, South Africa, Saint Lucia, Saint Kitts & Nevis, Saint Vincent, Antigua, Malaysia, Thailand, Belize, Panama, Guatemala, Venezuela, Bahrain, South Korea, Portugal, Cyprus, Slovak Republic, Slovenia, Dominica, Grenada, Jamaica, Kuwait, Jordan, Paraguay, Croatia, Egypt, Zambia, Ecuador and Barbados. (9) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (10) 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. 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. These non-dominant carriers may continue filing new or revised international tariffs for mass market services until January 28, 2002, when all tariffs, with limited exceptions, must be cancelled. Carriers may not file any new or revised contract tariffs or tariffs for other long-term international service arrangements. See 2000 Biennial Regulatory Review, Policy and Rules Concerning the International, Interexchange Marketplace, FCC 01-93, released March 20, 2001, 66 Fed. Reg. 16874 (Mar. 28, 2001). (11) 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 that Section. (12) 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, 63.23(e). These requirements apply to facilities-based carriers and private line resellers, respectively. (13) 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. (14) 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. (15) To the extent that any of the above-listed applicants intends to provide international call-back services through the use of uncompleted call signaling, its authorization to resell international switched voice and/or data services to provide these services is expressly subject to the conditions listed in VIA USA Ltd., et al., 9 FCC Rcd 2288 (1994), on recon., 10 FCC Rcd 9540 (1995). (16) 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. See Regulatory Treatment of LEC Provision of Interexchange Services Originating in the LEC's Local Exchange Area and Policy and Rules Concerning the Interstate, Interexchange Marketplace, Second Report and Order in CC Docket No. 96-149 and Third Report and Order in CC Docket No. 96-61, 12 FCC Rcd 15756, recon., 12 FCC Rcd 8730 (1997), Order, 13 FCC Rcd 6427 (Com. Car. Bur. 1998), further recon., FCC 99-103 (rel. June 30, 1999). (17) 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 service on that route unless the current rates the affiliate charges U.S. international carrier to terminate traffic are at or below the Commission's Page 7 of 8 relevant benchmark adopted in International

international carrier 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, "affiliation" and "foreign carrier" are defined in Section 63.09. 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)). 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. 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)(4) 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/srd/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/td/pf/telecomrules.html#exclusionlist. For additional information, contact the International Bureau's Telecommunications Division, Policy & Facilities Branch, (202) 418-1460. Page 8 of 8


Document Created: 2002-02-07 15:48:54
Document Modified: 2002-02-07 15:48:54
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