**PUBLIC NOTICE**![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

**Federal Communications Commission**

**445 12th St., S.W.**

**Washington, D.C. 20554**

> **DA 00-1471**
>
> Friday, June 30, 2000

# WAIVER OF THE INTERNATIONAL SETTLEMENTS POLICY

> Unless otherwise specified, the following procedures apply to the
> applications listed below:
>
> The applications listed below have been found, upon initial review, to
> be acceptable for filing pursuant to Section 1.3 of the Commission's
> rules, 47 C.F.R. § 1.3. These applications shall not be deemed granted
> until the Commission affirmatively acts upon the application, either
> by public notice or by written order. Operation for which
> authorization is sought may not commence except in accordance with any
> terms or conditions imposed by the Commission.
>
> Unless otherwise specified, interested parties may file comments with
> respect to these applications within 28 days of the date of this
> public notice. We request that such comments refer to the application
> file number shown below. Ex parte communications between outside
> parties and Commission staff concerning these applications are
> permitted subject to the Commission's rules for "permit-but-disclose
> proceedings." See 47 C.F.R. § 1.1206.
>
> Copies of all applications listed here are available for public
> inspection in the FCC Office of Public Affairs Reference and
> Information Center, located in room CY-A257 at the Portals 2 building,
> 445 12th Street SW, Washington DC 20554. The center can be contacted
> at (202) 418-0270. All applications listed are subject to further
> consideration and review, and may be returned and/or dismissed if not
> found to be in accordance with the Commission's rules, regulations,
> and other requirements.
>
> **[ISP-WAV-20000601-00012 WorldCom, Inc.]{.underline}**
>
> WorldCom, Inc. (WorldCom) has petitioned the Commission for a waiver
> of the International Settlements Policy to enter a settlement
> agreement for International Message Telephone Services (IMTS), ISDN,
> and VPN between WorldCom and Empresa Brasileira de Telecomunicacoes
> S.A. (Embratel) in Brazil.
>
> The petition states the proposed settlement arrangement precludes the
> abuse of market power because Embratel has offered the same terms and
> conditions to other carriers on the U.S.-Brazil route. WorldCom
> further states that the proposed alternative settlement arrangement
> promotes the public interest by moving settlement rates towards
> cost-based levels and that the weighted average settlement rate for
> each minute of traffic terminated pursuant to the proposed settlement
> rate is below the \$0.19 benchmark rate set forth in the *Benchmarks
> Order.*[^1] The proposed arrangement provides
>
> for a settlement rate covering IMTS, ISDN, and VPN effective January
> 1, 2000, at the following rates:
>
> [For traffic from USA (MCI WorldCom) to Brazil
> (Embratel):]{.underline}
>
> [Current]{.underline} [Effective 1/1/2000]{.underline}
>
> [IMTS]{.underline}:
>
> Rio de Janeiro )
>
> Sao Paulo ) \$0.15 \$0.14
>
> Belo Horizonte )
>
> (3 cities)
>
> Rest of Brazil (ROB) & Mobile \$0.225 \$0.205
>
> Home Country Direct, Operator
>
> Collect, & 1800 (freephone) \$0.225 Monthly weighted average of the 3
> cities & ROB/Mobile rates
>
> ISDN & VNC \$0.225 \$0.14
>
> Surcharge -0- -0-
>
> [For traffic from Brazil (Embratel) to USA (MCI
> WorldCom):]{.underline}
>
> The settlement rate for traffic to the U.S. will be the weighted
> average rate, calculated on a monthly basis, of traffic received in
> the direction from USA (MCI WorldCom) to Brazil.
>
> **[ISP-WAV-20000606-00013 Sprint Communications Company,
> L.P.]{.underline}**
>
> Sprint Communications Company, L.P. (Sprint) has petitioned the
> Commission for a waiver of the International Settlements Policy to
> enter a settlement agreement for International Message Telephone
> Services (IMTS), ISDN, and VPN between Sprint and Empresa Brasileira
> de Telecomunicacoes S.A. (Embratel) in Brazil.
>
> The petition states that Sprint understands that Embratel has offered
> the same terms and conditions to other carriers on the U.S.-Brazil
> route. Sprint further states that the proposed alternative settlement
> arrangement is in the public interest by moving settlement rates
> towards the cost to terminate calls on the U.S.-Brazil route. Sprint
> further states that granting the waiver will result in an average
> settlement rate below the \$0.19 benchmark rate set forth in the
> *Benchmarks Order.* The proposed arrangement provides for a settlement
> rate covering IMTS, ISDN, and VPN effective January 1, 2000, at the
> following rates:
>
> [For traffic from USA (Sprint) to Brazil (Embratel):]{.underline}
>
> [Current]{.underline} [Effective 1/1/2000]{.underline}
>
> [IMTS:]{.underline}
>
> Rio de Janeiro )
>
> Sao Paulo ) \$0.15 \$0.14
>
> Belo Horizonte )
>
> (3 cities)
>
> Rest of Brazil (ROB) & Mobile \$0.225 \$0.205
>
> Home Country Direct, Operator
>
> Collect, & International Toll Free \$0.225 Monthly weighted average
> rate of the 3 cities, ROB & Mobile
>
> ISDN & VPN \$0.225 \$0.14
>
> [For traffic from Brazil (Embratel) to USA (Sprint):]{.underline}
>
> The settlement rate for traffic to the U.S. will be the weighted
> average rate, calculated on a monthly basis, of traffic received in
> the direction from USA (Sprint) to Brazil.
>
> Interested parties may file comments by July 14, 2000 and reply
> comments by July 24, 2000.
>
> For additional information, contact Ken Stanley, Telecommunications
> Division, International Bureau, (202) 418-1460.
>
> REMINDER:
>
> Applicants must certify that neither the applicant nor any party to
> the application is subject to a denial of federal benefits by federal
> and/or state courts under authority granted in 21 U.S.C. § 862. See 47
> C.F.R. §§ 1.2001--.2003.
>
> The Commission most recently amended its rules applicable to
> international telecommunications common carriers in 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). An
> updated version of Section 63.09-.24 of the rules, and other related
> sections, is available at
> http://www.fcc.gov/ib/td/pf/telecomrules.html.
>
> \-- FCC \--

[^1]: *International Settlement Rates*, IB Docket No. 96-261, Report and
    Order, 12 FCC Rcd 19806 (1997) (*Benchmarks Order)*; Report and
    Order on Reconsideration and Order Lifting Stay, 14 FCC Rcd 9256
    (1999) (*Benchmarks Reconsideration Order*), *aff'd sub nom. Cable &
    Wireless P.L.C. v. FCC*, 166 F.3d 1224 (D.C. Cir. 1999)