$// O&A, BMSI, Intl. Ext. of Lines, DA-95-416//% $/ 63.01 Contents of Applications/$ $/300.214 Extension of Lines/$ ///newjob/// $///DA 95-416,3/8/95///$ DA 95-416 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Mattter of ) ) BROADCAST MEDIA SATELLITE, INC. ) ) Application for authority to ) File No. I-T-C-93-326 acquire and operate satellite ) facilities for service between ) Puerto Rico and various overseas ) points. ) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: March 3, 1995 Released: March 14, 1995 By the Chief, Telecommunications, Division: 1. Upon consideration of the above-captioned uncontested application, filed pursuant to Section 214 of the Communications Act of 1934, as amended, IT IS HEREBY CERTIFIED that the present and future public convenience and necessity require a grant thereof. 2. Accordingly, IT IS ORDERED that application File No. I-T-C-93-326 IS GRANTED, and Broadcast Media Satellite, Inc. (BMSI) is authorized to: a. lease from PanAmerican Satellite Corp. (PAS) and operate the satellite circuits specified in Appendix A, between BMSI's earth station in Puerto Rico and the PAS-1 satellite, connecting with similar circuits between the satellites and the overseas points listed in Appendix A, furnished by its correspondents; b. establish channels of communications between BMSI's Puerto Rico earth station and U.S. domestic satellites (also Morelos satellites for service to Mexico), for provision of authorized transborder services between the United States and the points listed in Appendix B; c. lease and operate necessary connecting facilities in Puerto Rico; d. lease a one-half interest in and operate necessary overseas connecting facilities; and e. use the facilities in a, c, and d, above, to provide BMSI's regularly authorized services, including switched voice and data and private line services, between Puerto Rico and the points listed in Appendix A. 3. IT IS FURTHER ORDERED that our authorization of BMSI to provide private lines as part of its authorized services is limited to the provision of such private lines only between Puerto Rico and the countries listed in Appendix A -- that is, private lines which originate in Puerto Rico and terminate in one of the countries listed in Appendix A or which originate in one of the countries listed in Appendix A and terminate in Puerto Rico. In addition, BMSI may not -- and BMSI's tariff must state that its customers may not -- connect private lines provided over these facilities to the public switched network at either the Puerto Rico or foreign end, or both, for the provision of international basic switched services, unless authorized to do so by the Commission upon a finding that the destination country affords resale opportunities equivalent to those available under U.S. law, in accordance with Regulation of International Accounting Rates, Phase II, First Report and Order, 7 FCC Rcd 559 (1991), Order on Reconsideration and Third Further Notice of Proposed Rulemaking, 7 FCC Rcd 7927 (1992), petition for reconsideration pending. 4. IT IS FURTHER ORDERED that neither BMSI nor any persons or companies directly or indirectly controlling or controlled by BMSI, or under direct or indirect common control with it, shall acquire or enjoy any right, for the purposes of handling or interchanging traffic to or from Puerto Rico which is denied to any other United States carrier by reason of any concession, contract, understanding, or working arrangement to which BMSI or any persons or companies controlling or controlled by BMSI are parties. 5. IT IS FURTHER ORDERED that the applicant shall file copies of any operating agreement it enters into with its foreign correspondent with the Commission within 30 days of its execution, and shall otherwise comply with the filing requirements contained in Section 43.51 of the Commission's Rules, 47 C.F.R. 43.51. 6. IT IS FURTHER ORDERED that the applicant shall file a tariff pursuant to Section 203 of the Communications Act, 47 U.S.C. 203, and Part 61 of the Commission's Rules, 47 C.F.R. Part 61, for the services authorized in this Order. 7. IT IS FURTHER ORDERED that the applicant shall file the annual reports of overseas telecommunications traffic required by Section 43.61 of the Commission's Rules, 47 C.F.R. 43.61. 8. IT IS FURTHER ORDERED that the applicant shall file semi-annual circuit reports pursuant to Section 63.15(b) of the Commission's Rules, 47 C.F.R. 63.15(b), for the common carrier facilities authorized herein. 9. IT IS FURTHER ORDERED that the applicant shall file a separate Section 214 application for any additional circuits it seeks to operate via the PAS-1 satellite. 10. IT IS FURTHER ORDERED that the number of circuits authorized herein for the provision of services via separate satellite systems is subject to limitations on the number of circuits specified under the separate systems policy and applicable consultations under Article XIV(d) of the INTELSAT Agreement. 11. This Order is issued under Section 0.261 of the Commission's Rules and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's Rules may be filed within 30 days of the date of public notice of this Order (see Section 1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau ~|APPENDIX A COUNTRIES TO BE SERVED VIA PAS-1 (INTERCONNECTED) UP TO TWO 64-KBPS VOICE-GRADE CIRCUITS EACH Anguilla Antigua Argentina Aruba Austria Bahamas Barbados Barbuda Belgium Belize Bermuda Bolivia Bosnia Brazil British Virgin Islands Canada Cayman Islands Chile Colombia Costa Rica Dominica Dominican Republic Ecuador El Salvador Finland France French Guiana Germany Greece Greenland Grenada Guadalupe Guatemala Guyanas Haiti Honduras Iceland Italy Jamaica Leeward Islands Luxembourg Martinique Mexico Monserrat Netherlands Netherlands Antilles Nicaragua Norway Panama Paraguay Peru Portugal Spain St. Kitts & Nevis St. Lucia St. Martin St. Vincent & Grenadines Suriname Sweden Switzerland Trinidad and Tobago Turks & Caicos United Kingdom Uruguay Venezuela Windward islands APPENDIX B COUNTRIES TO BE SERVED VIA AUTHORIZED U.S. DOMESTIC SATELLITES AND MEXICAN MORELOS SATELLITES Anguilla Domestic Satellites Antigua and Barbuda Domestic Satellites Bahamas Domestic Satellites Barbados Domestic Satellites Belize Domestic Satellites Bermuda Domestic Satellites British Virgin Islands Domestic Satellites Canada Domestic Satellites Cayman Island Domestic Satellites Dominica Domestic Satellites Grenada Domestic Satellites Grenadines Domestic Satellites Mexico Domestic Satellites, Morelos Montserrat Domestic Satellites Netherlands Antilles Domestic Satellites St. Kitts-Nevis Domestic Satellites St. Lucia Domestic Satellites St. Vincent Domestic Satellites Turks & Caicos Domestic Satellites Venezuela Domestic Satellites