[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23102]


[[Page Unknown]]

[Federal Register: September 19, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

[FCC 94-227]

 

International Call-Back Services

AGENCY: Federal Communications Commission.

ACTION: Notice of solicitation of public comments.

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SUMMARY: The Federal Communications Commission has expanded the scope 
of the issues to be reconsidered in its grant of three applications for 
authority to resell international switched services of other carriers 
using a ``call-back'' configuration. The comments supporting an AT&T 
petition for reconsideration in this proceeding raised issues involving 
complex questions of international law, international comity and the 
law of foreign countries, including the allegation that call-back 
services employing an uncompleted call signaling configuration violate 
international law. Therefore, the Commission is seeking additional 
comments from the parties and members of the public on all of the 
issues raised in the comments supporting AT&T's petition. The 
Commission also is seeking the advice of the Department of State 
regarding the issues of international law, international comity, and 
the laws of foreign countries. Further, in order to augment the record 
with respect to AT&T's assertion that uncompleted call signalling 
violates the Federal wire fraud statute, the Commission will seek the 
advice of the Department of Justice on this issue.

DATES: Comments are due October 14, 1994 and Reply Comments November 
14, 1994.

FOR FURTHER INFORMATION CONTACT:
Troy F. Tanner, Attorney, Common Carrier Bureau, (202) 418-1470.

SUPPLEMENTARY INFORMATION: 

    In the matter of: VIA USA, Ltd. Telegroup, Inc.; Applications 
for Authority Under Section 214 of the Communications Act of 1934, 
as amended, to operate as International Resale Carriers.

[File Nos. I-T-C-93-031 I-T-C-93-050]

    Discount Call International Co.; Application for Authority Under 
Section 214 of the Communications Act, as amended.

[File No. I-T-C-93-054]

Order

    Adopted: September 2, 1994.
    Released: September 12, 1994.

    By the Commission:
    1. On May 11, 1994, the Commission granted the above-referenced 
Section 214 applications of VIA USA, Ltd., Telegroup, Inc., and 
Discount Call International Co. to resell international switched 
services of other carriers using a ``call-back'' configuration.\1\ This 
service allows a customer in a foreign country to use foreign 
facilities to dial a telephone number in the United States and receive 
dial tone at a switch at the reseller's U.S. location, which the 
customer can then use to place a call via an outbound switched service 
of a U.S. carrier. The calls originating at U.S. locations are billed 
at U.S.-tariffed rates.
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    \1\VIA USA, Ltd et al., 9 FCC Rcd 2288 (1994).
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    2. AT&T petitioned to deny these applications alleging that this 
service constitutes an unreasonable practice under Section 201 of the 
Communications Act (``the Act'') and may constitute wire fraud. We 
denied AT&T's petition.\2\ On June 10, 1994, AT&T filed a petition for 
reconsideration asking us to find that uncompleted call signalling is 
an unreasonable practice under Section 201(b) of the Act, is contrary 
to the public interest standard of Section 214 of the Act, violates 
Section 202(a) of the Act, and violates the Federal wire fraud statute, 
18 U.S.C. 1343.\3\
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    \2\See id.
    \3\In order to develop a complete record on the issues raised by 
AT&T's petition, we extended on our own motion for 30 days the time 
for the filing of comments. ``Pleading Cycle Extended for Comments 
on AT&T's Petition for Reconsideration of Commission Order 
Authorizing Three International Resale Carriers Proposing to Provide 
`Call-Back' Services,'' FCC Report No. I-6991 (released June 22, 
1994) (hereinafter referred to as ``June 22 Public Notice'').
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    3. We received comments in support of AT&T's petition from MCI 
Telecommunications Corporation (MCI), Sprint Communication Company L.P. 
(Sprint), and The Regional Technical Commission on Telecommunications 
of Central America (COMTELCA) and the National Telecommunications 
Institute of Panama (INTEL) (collectively referred to as COMTELCA/
INTEL). Oppositions to AT&T's petition were filed by VIA USA, Ltd. (VIA 
USA), Telegroup, Inc. (Telegroup) and the Telecommunication Resellers 
Association (TRA).
    4. Both VIA USA and Telegroup filed motions to strike the comments 
filed by MCI, Sprint and COMTELCA/INTEL. AT&T, MCI, Sprint and 
COMTELCA/INTEL opposed the motions to strike the supporting comments. 
VIA USA and Telegroup argue in their motions that the comments 
supporting AT&T's petition are untimely, procedurally defective 
requests for the Commission to reconsider its initial grant of Section 
214 authority to the above-captioned applicants. In particular, VIA USA 
and Telegroup state that Section 1.106(g) of the Commission's Rules 
only contemplates the filing of ``oppositions'' to petitions for 
reconsideration, not comments in support of such petitions. Further, 
they state that, in addition to repeating and expounding upon AT&T's 
arguments in its petition, the COMTELCA/INTEL comments raise new issues 
relating to the legality of call-back services under international law 
and the law of foreign countries. Alternatively, VIA USA and Telegroup 
contend that, if we do not grant their motions to strike, we should 
extend the reply period several months because COMTELCA/INTEL have 
raised new arguments not previously raised by any party, which 
significantly expand the scope of the proceeding.
    5. The comments supporting AT&T's petition raise issues involving 
complex questions of international law, international comity and the 
law of foreign countries. In particular, COMTELCA/INTEL raise the 
argument that call-back services employing an uncompleted call 
signaling configuration violate international law, i.e. Article 1.5 and 
3.3 of the International Telecommunications Union (ITU) Regulations.\4\ 
In addition, COMTELCA/INTEL's comments also claim that the applicants 
may not offer uncompleted call signalling services except pursuant to 
appropriate operating agreements with foreign telecommunications 
administrations. Moreover, COMTELCA/INTEL have submitted evidence as to 
the effect that our authorization of this service may have on 
international comity.\5\
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    \4\In the initial proceeding, the record did not address the 
argument that the proposed call-back services violated international 
law. See VIA USA, Ltd. et al., 9 FCC Rcd at 2292, n. 37.
    \5\COMTELCA/INTEL further contend that there are other forms of 
call-back services that raise similar issues under international law 
and the law of foreign countries which the Commission did not 
address in its initial decision. For instance, COMTELCA/INTEL 
reference the ``hot line'' method whereby a U.S. reseller 
continuously places calls to the telephone of a subscriber located 
outside the United States. The called party's telephone has a 
disconnected ringer. When the called party wants to access a U.S. 
dial tone to place an international call to a U.S. location or 
elsewhere, he or she simply picks up the receiver and ``answers'' 
one of several thousand continuous calls made to that particular 
phone during the day and receives a dial tone at the reseller's U.S. 
location. COMTELCA/INTEL assert that the international law and 
public interest issues raised by this practice should be addressed 
in this proceeding, or, alternatively, should be addressed in a 
rulemaking proceeding that covers the full range of issues raised by 
the proliferation of call-back methods used to provide U.S. dial 
tone to foreign parties.
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    6. We conclude that the issues raised in the comments supporting 
AT&T's petition merit examination. Therefore, we will, on our own 
motion, seek additional comment from the parties and members of the 
public on all of the issues raised in the comments supporting AT&T's 
petition.
    7. Because we have decided on our own motion to expand the scope of 
this reconsideration proceeding, we find that the motions to strike the 
supporting comments of MCI, Sprint and COMTELCA/INTEL are moot. These 
supporting comments address the issues which we will be examining, and 
therefore will be made part of the record. We will, however, grant VIA 
USA's and Telegroup's alternative request that we further extend the 
period for filing comments. In addition, we will seek the advice of the 
Department of State regarding the issues of international law, 
international comity, and the laws of foreign countries. Further, in 
order to augment the record with respect to AT&T's assertion that 
uncompleted call signalling violates the federal wire fraud statute, we 
also will seek the advice of the Department of Justice on this issue. 
Finally, as noted above, because of the general importance of the 
issues in this case, we will entertain additional comments from all 
interested members of the public as well as from the parties to this 
proceeding.
    8. This Section 214 proceeding will continue to be conducted as a 
non-restricted proceeding in which written and oral ex parte contacts 
are permitted, but subject to disclosure. See 47 CFR Part 1206.
    9. Accordingly, it is ordered that the comments of MCI, Sprint and 
COMTELCA/INTEL are accepted into the record of this proceeding, and 
Telegroup's and VIA USA's motions to strike the comments are dismissed 
as moot.
    10. It is further ordered that this proceeding is opened to the 
general public and interested persons are invited to file comments on 
any of the issues raised in AT&T's petition or the supporting comments 
by October 14, 1994, and reply comments by November 14, 1994.
    11. It is further ordered that the Secretary shall serve a copy of 
this Order on each party to this proceeding by certified mail.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-23102 Filed 9-16-94; 8:45 am]
BILLING CODE 6712-01-M