$//O&A, DCC, Intl. Ext. of Lines, DA 95-418/$ $/63.01 Contents of Application/$ $/300.214 Extension of Lines/$ ///newjob/// $///DA 95-418,3/8/95///$ DA 95-418 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) D.C. CORPORATION ) File No. I-T-C-95-051 ) Application for authority to acquire ) and operate facilities for service ) between the U.S. and the Dominican ) Republic. ) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: March 2, 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 the provision of direct service between the U.S. and the Dominican Republic by D.C. Corporation (DCC). 2. Accordingly, IT IS ORDERED that application File No. I-T-C-95-051 IS GRANTED and DCC is authorized to: a. lease from Comsat and operate one 1.544 Mbps satellite circuit between an appropriately licensed U.S. earth station and an appropriate INTELSAT satellite over the Atlantic Ocean, connecting with a similar circuit between the satellite and an earth station in the Dominican Republic furnished by DCC's correspondent in the Dominican Republic; b. lease and operate one 1.544 Mbps circuit in the appropriately licensed U.S. earth station to be used in conjunction with the satellite space segment capacity; c. acquire on an Indefeasible Right of User (IRU) basis a one-half interest in and operate one 1.544 Mbps circuit in the AMERICAS-1 cable between the U.S. mainland and St. Thomas, U.S. Virgin Islands; d. acquire on an IRU basis a one-half interest in and operate one 1.544 Mbps circuit in the TAINO-CARIB Cable between St. Thomas and Puerto Rico; e. acquire by IRU a one-half interest in and operate one 1.544 Mbps circuit in the LA MONA 1 Microwave System between Puerto Rico and the Dominican Republic; f. lease and operate any necessary domestic connecting facilities; and g. use said facilities to provide DCC's regularly authorized services, including switched voice and data and private line services, between the United States and the Dominican Republic. 3. IT IS FURTHER ORDERED that our authorization of DCC to provide private lines as part of its authorized services is limited to the provision of such private lines only between the United States and the Dominican Republic -- that is, private lines which originate in the United States and terminate in the Dominican Republic or which originate in the Dominican Republic and terminate in the United States. In addition, DCC may not -- and DCC's tariff must state that its customers may not -- connect private lines provided over these facilities to the public switched network at either the U.S. or the Dominican Republic end, or both, for the provision of international switched basic services, unless authorized to do so by the Commission upon a finding that the Dominican Republic 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 DCC nor any persons or companies directly or indirectly controlling or controlled by DCC, 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 the United States, its territories or possessions, which is denied to any other United States carrier by reason of any concession, contract, understanding, or working arrangement to which DCC or any persons or companies controlling or controlled by DCC are parties. 5. IT IS FURTHER ORDERED that the applicant shall file a copy 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 service 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). 9. The Commission retains jurisdiction over this matter to reallocate circuits in the satellite system among the various international common carriers and other authorized users as required to ensure nondiscriminatory use of, and equitable access to, the communications satellite system. 10. 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 Common Carrier Bureau