NEWSReport No. CC-586 COMMON CARRIER ACTION September 19, 1994 FCC GRANTS APPLICATIONS TO RESELL INTERNATIONAL PRIVATE LINES; UNITED KINGDOM FOUND TO OFFER EQUIVALENT PRIVATE LINE RESALE OPPORTUNITIES The Commission today granted the applications of ACC Global Corporation and Alanna Inc. for Section 214 authority to resell international private lines for the provision of switched services between the United States and the United Kingdom. In so doing, the Commission finds for the first time that the United Kingdom offers U.S.-based resellers resale opportunities substantively equivalent to those available under U.S. law. ACC, a corporation organized under the laws of the State of Delaware, is an interexchange carrier wholly-owned by ACC Corp., a publicly-traded U.S. corporation. Alanna, a corporation organized under the laws of the Commonwealth of Massachusetts, is wholly owned by FMR Corp., a privately-owned investment management organization. In its 1991 International Resale Order, the Commission concluded that promoting the resale of international private lines to provide switched services would foster new entry into the international telecommunications market, and exert downward pressure on above-cost international accounting rates and foreign collection rates. The Commission further concluded, however, that unless resellers were able to interconnect international private lines to the public switched network (PSN) at both ends, such resale would have the undesirable effect of undermining the goals and benefits that international private line resale is expected to achieve. To address this concern, the Commission authorized private line resale for the provision of switched services only to countries that allow resale to occur in both directions, and required each applicant seeking to resell international private lines between the United States and a foreign country to demonstrate that the destination foreign country affords resale opportunities equivalent to those available under U.S. law. In 1992, the Commission first applied this standard to Canada and found that Canada affords equivalent resale opportunities. Based on the record developed in the ACC and Alanna proceedings, the Commission found that the United Kingdom meets this equivalency requirement. The Commission determined that the United Kingdom provides open entry for, and nondiscriminatory treatment of, U.S.-based resellers, as well as the ability to interconnect international private lines to the PSN at both ends. In addition, the Commission concluded that the terms and conditions associated with the provision of international private line services in the United Kingdom are substantially equivalent to those available in the United States. (over) - 2 - Specifically, the Commission concluded that the U.K. regulatory regime has adequately addressed the principal concerns raised in the record about U.K. regulatory and market conditions, such as the high level of access deficit contributions payable by resellers and the U.K. interconnect regime. The Commission indicated, however, that if the evolving regulatory policies implemented in the United Kingdom with regard to such issues alter the commercial viability of the U.K. international resale market, the Commission will necessarily review the equivalency of the U.K. market. Finally, the FCC granted the applications of ACC and Alanna subject to the condition that the United Kingdom must designate the United States as an equivalent country before they may engage in their authorized services. Overall, the Commission concluded that the introduction of international private line resale between the United States and the United Kingdom promotes the introduction of new international telecommunications services at lower prices and new entry into the international telecommunications market, and advances the goal of achieving the global information infrastructure. Action by the Commission September 19, 1994, by Memorandum Opinion, Order and Certification (FCC 94-236). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. -FCC- News Media contacts: Patricia A. Chew and Susan Sallet at (202) 418-0500. Common Carrier Bureau contacts: Jennifer A. Warren at (202) 418-1460 and Diane Cornell at (202) 418-1470.