# Before the

# Federal Communications Commission

In the Matter of )

)

Pacific Bell Communications )

)

Application for Authority Pursuant to Section 214 )

of the Communications Act of 1934, as Amended ) ITC-214-19970303-00131

to Resell Switched and Private Line Voice ) (Previous File No.
ITC-97-161)

and Data Services Between \"In-Region\" Points )

in the United States and all International Points )

)

)

Pacific Bell Communications )

)

Application for Authority Pursuant to Section 214 )

of the Communications Act of 1934, as Amended ) ITC-214-19970303-00127

to Provide Facilities-Based Switched and ) (Previous File No.
ITC-97-162)

Private Line Voice and Data Services Between )

\"In-Region\" Points in the United States and )

all International Points )

)

)

Southwestern Bell Communications Services, Inc. )

)

Application for Authority Pursuant to Section 214 )

of the Communications Act of 1934, as Amended, ) ITC-214-19971205-00763

to Offer as an International Facilities-Based Carrier ) (Previous File
No. ITC-97-776)

Switched Services and Private Line Voice and Data )

Services Between \"In-Region\" Points in the )

United States and all International Points Except )

Chile, South Africa, and Switzerland )

)

)

Southwestern Bell Communications Services, Inc. )

)

Application for Authority Pursuant to Section 214 )

of the Communications Act of 1934, as Amended, ) ITC-214-19971205-00762

to Offer as an International Resale Carrier ) (Previous File No.
ITC-97-777)

Switched Services and Interconnected and )

Non-Interconnected Private Line Voice and Data )

Services Between \"In-Region\" Points in the )

United States and all International Points Except )

Chile, South Africa, and Switzerland )

Bell Atlantic Communications, Inc., and )

NYNEX Long Distance Company )

)

Applications for Authority Pursuant to Section 214 )

of the Communications Act of 1934, as Amended, ) ITC-214-19971223-00812

to Resell International Services of U.S. Carriers ) (Previous File No.
ITC-98-004)

to Provide all Authorized Services Between the )

United States and Gibraltar )

)

)

Bell Atlantic Communications, Inc., and )

NYNEX Long Distance Company )

)

Applications for Global Authority Pursuant to )

Section 214 of the Communications Act of 1934, )

as Amended, to Provide all Authorized Facilities- )
ITC-214-19971223-00813

Based Services Between the United States and ) (Previous File No.
ITC-98-002)

all International Points Except Gibraltar )

)

)

Bell Atlantic Communications, Inc., and )

NYNEX Long Distance Company )

)

Applications for Authority Pursuant to Section 214 )

of the Communications Act of 1934, as Amended, ) ITC-214-19971223-00811

to Resell International Services of U.S. Carriers ) (Previous File No.
ITC-98-003)

to Provide all Authorized Services Between the )

United States and all International Points )

Except Gibraltar )

)

)

BellSouth Long Distance, Inc. )

)

Application for Authority Pursuant to Section 214 )

of the Communications Act of 1934, as Amended, )

to Provide Global Facilities-Based and Resale of )
ITC-214-19980709-00459

Switched, Private Line, Data, Television, ) (Previous File No.
ITC-98-499)

and Business Services Originating from Points in )

the State of Louisiana, and Terminating at all )

International Points. )

**ORDER**

**Adopted:** **January 4, 2000 Released: January 5, 2000**

**By the Chief, Telecommunications Division:**

1 Pacific Bell Communications (Pacific), Southwestern Bell
Communications Services, Inc. (Southwestern), Bell Atlantic
Communications, Inc./NYNEX Long Distance Company (BACI/NYNEX-LD), and
BellSouth Long Distance, Inc. (BellSouth-LD) (collectively,
\"Applicants\") have each filed applications[^1] seeking authority
pursuant to Section 214 of the Communications Act of 1934, as amended
(Act)[^2] to provide international services between \"in-region states\"
as defined in Section 271(i) of the Act,[^3] and international points.
Pursuant to Section 63.12 of the Commission\'s rules, the Bureau deemed
these applications ineligible for streamlined processing and provided
public notice that, because the applications raise questions of
extraordinary complexity, an additional 90-day period for review was
needed.[^4] On our own motion, we dismiss without prejudice these
applications as prematurely filed, to the extent specified below.[^5]

2 Applicants should file new applications for authority to provide
international service originating in a particular in-region state
concurrently with, or after, their affiliated Bell Operating Company
(BOC) files an application under Section 271 for authority to provide
in-region, interLATA services in that state. Alternatively, Applicants
may file their new applications for authority to provide international
service originating in a particular in-region state once the affiliated
BOC has received Section 271 authority for that state.

3 Requiring applicants to tailor their applications to seek in-region
international authority for a particular state for which they seek
Section 271 authority is consistent with our recent Order granting
authority to BACI/NYNEX-LD to provide international service originating
from the State of New York and from outside the in-region states of Bell
Atlantic Corporations\' local operating companies (collectively, the
Bell Atlantic BOCs), and terminating at all international points except
Gibraltar.[^6] We granted authority for international services
originating in the State of New York because the Commission had granted
to Bell Atlantic New York, one of BACI\'s and NYNEX-LD\'s affiliate
BOCs, Section 271 authority for in-region interLATA services in the
State of New York.[^7] We deferred consideration of the BACI/NYNEX-LD
applications to the extent they requested authority to provide
international service originating in the Bell Atlantic BOCs\' other
in-region states.[^8] We dispose of those portions of the applications
here, along with the BACI/NYNEX-LD application for authority to provide
international service to Gibraltar originating in the Bell Atlantic
BOCs\' in-region states other than New York[^9] and Pacific\'s,
Southwestern\'s, and BellSouth-LD\'s applications to provide
international services originating in their in-region states.[^10]

4 We note that BellSouth-LD\'s application is limited to services
originating in the State of Louisiana, and was filed concurrently with
the application of BellSouth Corporation, BellSouth Telecommunications,
Inc., and BellSouth-LD (collectively BellSouth), for authority to
provide in-region interLATA services in the State of Louisiana pursuant
to Section 271 of the Act.[^11] This was BellSouth\'s second application
for authorization under section 271 to provide interLATA services in the
State of Louisiana, and the Commission denied the application.[^12] We
endorse BellSouth-LD\'s efforts to coordinate its request for authority
to provide in-region international services with BellSouth\'s filing of
a Section 271 application, and BellSouth-LD\'s tailoring of its
international request to the particular state for which BellSouth seeks
271 authority. We conclude that BellSouth still must file a new
application the next time it files an application for 271 authority,
particularly because the information in the application which we dismiss
today, as well as the other BOC\'s applications, most likely is
outdated. We encourage other BOCs to coordinate and tailor in the same
manner their applications for authority to provide in-region
international services.

5 Accordingly, IT IS HEREBY ORDERED that Pacific Bell Communications
Application

File No. ITC-214-19970303-00131 (previous File No. ITC-97-161); Pacific
Bell Communications Application File No. ITC-214-19970303-00127
(previous File No. ITC-97-162); Southwestern Bell Communications
Services, Inc., Application File No. ITC-214-19971205-00763 (previous
file No. ITC-97-776); Southwestern Bell Communications Services, Inc.,
Application File No. ITC-214-19971205-00762 (previous File No.
ITC-97-777); BellSouth Long Distance Application File No.
ITC-214-19980709-00459 (previous File No. ITC-98-499); Bell Atlantic
Communications Inc./NYNEX Long Distance Company Inc. Application File
Nos. ITC-214-19971223-00813 (previous File No. ITC-98-002) and
ITC-214-19971223-00811 (previous File No. ITC-98-003) (to the extent
they were not previously granted); and Bell Atlantic Communications
Inc./NYNEX Long Distance Company Inc. Application File No.
ITC-214-19971223-00812 (previous File No. ITC-98-004) (to the extent it
seeks authority to provide services to Gibraltar originating in the
in-region states of the Bell Atlantic Corporations\' local operating
companies other than New York) are dismissed without prejudice for the
reasons discussed herein, and the above-named applicants should file new
applications for authority to provide international service originating
in a particular in-region state concurrently with, or after, their
affiliated Bell Operating Company files an application, under Section
271 of the Communications Act, as amended, for authority to provide
in-region, interLATA services in that state. Alternatively, Applicants
may file their new applications for authority to provide international
service originating in a particular in-region state once the affiliated
Bell Operating Company has received Section 271 authority for that
state.

> 6 This action is taken under the authority of Sections 4(i) and 4(j)
> of the Communications

Act, as amended, 47 U.S.C. §§ 154(i), (j), and the delegated authority
of Section 0.261 of the Commission\'s rules, 47 C.F.R. § 0.261.

FEDERAL COMMUNICATIONS COMMISSION

Rebecca Arbogast

Chief, Telecommunications Division

International Bureau

[^1]: *See* Pacific Application File No. ITC-214-19970303-00131
    (previous File No. ITC-97-161) (filed Mar. 3, 1997, amendment filed
    May 1, 1997); Pacific Application File No. ITC-214-19970303-00127
    (previous File No. ITC-97-162) (filed Mar. 3, 1997, amendment filed
    May 1, 1997); Southwestern Application File No.
    ITC-214-19971205-00763 (previous File No. ITC-97-776) (filed Dec. 5,
    1997); Southwestern Application File No. ITC-214-19971205-00762
    (previous File No. ITC-97-777) (filed Dec. 5, 1997); BACI/NYNEX-LD
    Application File No. ITC-214-19971223-00812 (previous File No.
    ITC-98-004) (filed Dec. 23, 1997); BACI/NYNEX-LD Application File
    No. ITC-214-19971223-00813 (previous File No. ITC-98-002) (filed
    Dec. 23, 1997); BACI NYNEX-LD Application File No.
    ITC-214-19971223-00811 (previous File No. ITC-98-003) (filed Dec.
    23, 1997); BellSouth-LD Application File No. ITC-214-19980709-00459
    (previous File No. ITC-98-499) (filed Jul. 9, 1998, amendment filed
    Aug. 8, 1998). Hereinafter, for purposes of efficiency, we will
    refer to the older file numbers when citing the applications and
    related documents.

[^2]: 47 U.S.C. § 214.

[^3]: 47 U.S.C. § 271(i)(1).

[^4]: *See* 47 C.F.R. § 63.12 (d); *See also e.g.*, *Overseas Common
    Carrier Section 214 Applications Actions Taken*, Public Notice,
    Report No. I-8327, 13 FCC Rcd 15513 (Int. Bur. 1998);
    *Non-Streamlined International Applications Accepted for Filing*,
    Report No. TEL\--00148NS (rel. Oct. 21, 1999).

[^5]: This action does not address the merits of the applications or any
    pleadings related to them.

[^6]: Bell Atlantic Communications, Inc., and NYNEX Long Distance
    Company, Applications for Global Authority Pursuant to Section 214
    of the Communications Act of 1934, as Amended, to Provide all
    Authorized Facilities-Based Services Between the United States and
    all International Points Except Gibraltar, Bell Atlantic
    Communications, Inc., and NYNEX Long Distance Company, Applications
    for Authority Pursuant to Section 214 of the Communications Act of
    1934, as Amended, to Resell International Services of U.S. Carriers
    to Provide all Authorized Services Between the United States and all
    International Points Except Gibraltar, FCC File Nos.
    ITC-214-19971223-00813 (previous File No. ITC-98-002) and
    ITC-214-19971223-00811 (previous File No. ITC-98-003), Order,
    Authorization and Certificate, DA 99-2989 (rel. Dec. 22, 1999)
    (*BACI/NYNEX-LD New York Order*).

[^7]: *See BACI/NYNEX-LD New York Order* at para. 2.

[^8]: *See* *BACI/NYNEX-LD New York Order* at para. 2. We noted that,
    while Applicants did not specifically request authority to terminate
    international traffic in the United States, the authorizations we
    granted in that Order included such authority for calls terminating
    not only outside the Bell Atlantic BOCs\' in-region states but also
    for calls terminating within any such state, as permitted by Section
    271(b)(4) of the Act, and as limited by Section 271(j) of the Act.
    *See* *BACI/NYNEX-LD New York Order* at n.5; 47 U.S.C. § 271(b)(4)
    and (j). *See also* *In the Matter of Bell Operating Company
    Provision of Out-of-Region Interstate, Interexchange Services*, CC
    Docket No. 96-21, 14 FCC Rcd 1105 (1998) (finding that, where a Bell
    Operating Company provides out-of-region international
    facilities-based service and generates international \"return\"
    traffic in exchange, the BOC may terminate such return traffic
    within its region, prior to obtaining in-region authority, subject
    to the Commission\'s rules and policies governing international
    telecommunications services).

[^9]: In the *BACI/NYNEX-LD New York Order* we noted that BACI and
    NYNEX-LD are indirectly affiliated with Gibraltar NYNEX
    Communications, Ltd., which raises certain complex issues applicable
    exclusively to the U.S.-Gibraltar route. We noted that Applicants
    accordingly have filed a separate application for service on that
    route, which remained pending. *See* *BACI/NYNEX-LD New York Order*
    at n.4. To the extent that this separate application requests
    authority between New York and Gibraltar, and between states outside
    the in-region states of the Bell Atlantic BOCs and Gibraltar, we
    leave those applications pending because they are not premature.

[^10]: We note that when SBC Communications, Inc. (SBC) and Pacific
    Telesis Group (PacTel) merged, PacTel\'s in-region states became
    part of SBC\'s in-region states because PacTel became an affiliate
    of SBC and PacTel\'s service area was served by a BOC at the time
    the Telecommunications Act of 1996 (1996 Act) was enacted. *See* 47
    U.S.C. § 271(i) (1) (stating that \"\[t\]he term \'in-region State\'
    means a State in which a Bell Operating Company [or any of its
    affiliates]{.underline} was authorized to provide wireline telephone
    exchange service pursuant to the reorganization plan approved under
    the AT&T Consent Decree, as in effect on the day before the date of
    enactment of the Telecommunications Act of 1996.\"); *Applications
    for Consent to the Transfer of Control of Licenses and Section 214
    Authorizations from Southern New England Telecommunications
    Corporation, Transferor, to SBC Communications, Inc., Transferee*,
    CC Docket No. 98-25, Memorandum Opinion and Order, 13 FCC Rcd 21292,
    para. 36 (1998).

[^11]: ^?^ *See* BellSouth-LD Application File No. ITC-98-499 at 1 and
    n.1.

[^12]: *See* *Application of BellSouth Corporation, BellSouth
    Telecommunications, Inc., and BellSouth Long Distance, Inc., for
    Provision of In-Region, InterLATA Services in Louisiana*, CC Docket
    No. 98-121, Memorandum Opinion and Order, 13 FCC Rcd 20599 (1998).