[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 <http://www.fcc.gov/Bureaus/International/ Orders/1998/da980888.txt>. 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