[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Notices]
[Pages 33929-33930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16515]



[[Page 33929]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[DA 98-888]


Streamlining the International Section 214 Authorization Process 
and Tariff Requirements

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On May 11, 1998, the Telecommunications Division of the 
International Bureau of the Federal Communications Commission adopted 
an Order modifying the exclusion list that prohibits U.S. carriers from 
making use of non-U.S. licensed facilities. The Commission removed the 
following facilities from the exclusion list: U.K.-German-6, FLAG, all 
cables on the Sweden-Finland route, Ulysses, and HERMES. This decision 
will reduce the regulatory burden on U.S. carriers seeking to obtain 
capacity on these facilities and should make the market for cable 
access more competitive, leading to lower prices for U.S. carriers' end 
users.

EFFECTIVE DATE: May 11, 1998.

FOR FURTHER INFORMATION CONTACT: Adam Krinsky, Attorney, Policy and 
Facilities Branch, Telecommunications Division, International Bureau, 
(202) 418-1099.

SUPPLEMENTARY INFORMATION: This is a summary of the Telecommunications 
Division's Order adopted on May 11, 1998 and released on May 13, 1998 
(DA 98-888). The full text of this Order is available for inspection 
and copying during normal business hours in the FCC Reference Center 
(Room 239), 1919 M Street, NW., Washington, DC 20554. The complete text 
of this Order also may be purchased from the Commission's copy 
contractor, International Transcription Service, Inc., 1231 20th 
Street, NW., Washington, DC 20036, (202) 857-3800. The Order also is 
available as a text file at <<a href="http://www.fcc.gov/Bureaus/International/
Orders/1998/da980888.txt">http://www.fcc.gov/Bureaus/International/
Orders/1998/da980888.txt</a>>. It is available as a WordPerfect file at 
<http://www.fcc.gov/Bureaus/International/Orders/1998/da980888.wp>.

Summary of Order

    1. On February 29, 1996, the Federal Communications Commission 
adopted rules to streamline the international Section 214 authorization 
process and tariff requirements. (Report and Order, Streamlining the 
International Section 214 Authorization Process and Tariff 
Requirements, IB Docket No. 95-118, FCC 96-79, released March 13, 1996, 
61 FR 15724, April 9, 1996). The Report and Order adopted procedures 
for issuing global, rather than country-specific and facility-specific, 
Section 214 authorizations to qualified applicants. As part of the new 
procedures, the Commission required the International Bureau to 
establish and maintain an exclusion list identifying restrictions on 
providing service using particular facilities or to particular 
countries for those carriers receiving a global Section 214 
authorization. On July 26, 1996, the International Bureau adopted the 
exclusion list. (Report and Order, Streamlining the International 
Section 214 Authorization Process and Tariff Requirements, DA 96-1205, 
released July 29, 1996, 61 FR 50023, September 24, 1996). The exclusion 
list was subsequently modified on October 22, 1996 (Report and Order, 
Streamlining the International Section 214 Authorization Process and 
Tariff Requirements, DA 96-1752, released October 24, 1996, 61 FR 
58689, November 18, 1996).
    2. On December 29, 1997, PLD Telekom Inc. (PLD) requested authority 
to provide authorized and future services using the following non-U.S.-
licensed facilities not yet identified as exceptions to the 
Commission's exclusion list: U.K.-German-6, FLAG, all cables on the 
Sweden-Finland route, Ulysses, and HERMES (See PLD Telekom, File No. 
ITC-98-040, filed December 29, 1997). No parties opposed PLD's request.
    3. With regard to the cable facilities identified by PLD, we do not 
find any imperative circumstances that warrant their continued 
exclusion. Removal of these cable systems from the exclusion list will 
reduce the regulatory burden on U.S. carriers wishing to obtain 
capacity on these facilities and should make the market for cable 
access more competitive, leading to lower prices for U.S. carriers' end 
users. We therefore find that the public interest will be served by 
removing the requested facilities from the exclusion list. The U.K.-
German-6, FLAG, all cables on the Sweden-Finland route, Ulysses, and 
HERMES cables will therefore be added to the facilities specified as 
excepted from the exclusion list. This modification of the exclusion 
list allows any U.S. facilities-based carrier with global Section 214 
authorization to use these cable systems.

Ordering Clauses

    4. Accordingly, it is ordered that the Exclusion List attached to 
this order, which identifies restrictions on providing service using 
particular facilities or to particular countries for those carriers 
receiving a global Section 214 authorization, is hereby adopted.
    5. This order is issued under Sec. 0.261 of the Commission's rules, 
47 CFR 0.261, and is effective upon adoption. Petitions for 
reconsideration under Sec. 1.106 or applications for review under 
Sec. 1.115 of the Commission's Rules may be filed within 30 days of the 
date of the public notice of this Order (See 47 CFR 1.4(b)(2)).

Federal Communications Commission.
Diane J. Cornell,
Chief, Telecommunications Division, International Bureau.

Attachment

    International Section 214 Authorizations; Exclusion List as of 
May 11, 1998.
    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 CFR 63.18(e)(1). In addition, the 
facilities listed shall not be used by U.S. carriers authorized 
under Section 63.01 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 63.8(e)(6) of the Commission's Rules. 47 CFR 63.18(e)(6).

Countries

    Cuba (applications for service to this country 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 Cable and Satellite Systems ExceptForeign 
Cable Systems.

Aden-Djibouti
APC
APCN
APHRODITE 2
ARIANNE 2
ASEAN
B-M-P
Brunei-Singapore
CADMOS
CANTAT-3
CARAC
CELTIC
China-Japan
CIOS
Denmark-Russia
ECFS
EMOS-1
EURAFRICA
FLAG
Germany-Denmark 1
Germany-Sweden No. 4
Germany-Sweden No. 5
H-J-K
HERMES
HONTAI-2
ITUR
KATTEGAT-1

[[Page 33930]]

Kuantan-Kota Kinabalu
LATVIA-SWEDEN
Malaysia-Thailand
Marseille/Palermo Link
MAT-2
ODIN
PENCAN-5
R-J-K
RIOJA
SAT-2
SEA-ME-WE 2
SEA-ME-WE 3
Sweden-Finland
T-V-H
TAGIDE 2
TASMAN 2
UGARIT
UK-BEL 6
UK-Denmark 4
UK-Germany 5
UK-Germany 6
UK-Netherlands 12
UK-Netherlands 14
UK-Spain 4
Ulysses
Unisur

    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 will 
then release an order amending the exclusion list. The list also is 
subject to change upon issuance of an Executive Order. See 
Streamlining the International Section 214 Authorization Process and 
Tariff Requirements, IB Docket No. 95-118, FCC 96-79, released March 
13, 1996.

    For additional information, contact the International Bureau's 
Telecommunications Division, Policy and Facilities Branch, (202) 
418-1460.
[FR Doc. 98-16515 Filed 6-19-98; 8:45 am]
BILLING CODE 6712-01-P