NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $//OA&C, CLDS, Intl. Ext. of Lines, DA 95-843//$ $/63.01 Contents of Applications//$ $/300.214 Extension of Lines/$ ///newjob/// $///DA 95-843 4-17-95///$ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) COLUMBIA LONG DISTANCE ) SERVICES, INC. ) ) For Authority Pursuant to ) File No. I-T-C-95-157 Section 214 of the ) of the Communications Act, ) as amended, to provide ) International Communications ) Services between the ) United States and North Korea ) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: April 11, 1995 Released: April 20, 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-95-157 IS GRANTED, and Columbia Long Distance Services, Inc. (CLDS) is authorized to: a. lease from Columbia/TDRSS International Satellite System and operate up to ten 64-Kbps equivalent circuits for service not interconnected with the public switched network between appropriately licensed earth stations (including earth stations on Guam and other U.S. possessions, and territories in the Pacific Ocean region) and the TDRS- 174 Satellite, connecting with similar circuits between the satellite and the Democratic Peoples Republic of Korea (North Korea), furnished by its correspondent; b. lease from Columbia/TDRSS International Satellite System and operate up to six 64-Kbps equivalent circuits for service that is interconnected with the public switched network between appropriately licensed earth stations (including earth stations on Guam and other U.S. possessions, and territories in the Pacific Ocean region) and the TDRS- 174 Satellite, connecting with similar circuits between the satellite and North Korea, furnished by its correspondent; c. lease and operate necessary connecting facilities in the United States; d. lease a one-half interest in and operate any necessary overseas connecting facilities; and e. use the facilities authorized herein to provide international switched voice, private line, video, facsimile and data services, including services interconnected with the public switched network, between the United States and North Korea. 3. IT IS FURTHER ORDERED that neither CLDS nor any persons or companies directly or indirectly controlling or controlled by CLDS, 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 CLDS or any persons or companies controlling or controlled by CLDS are parties. 4. IT IS FURTHER ORDERED that our authorization of CLDS to provide private lines as a part of its authorized services is limited to the provision of such private lines only between the United States and North Korea -- that is, private lines which originate in the United States and terminate in North Korea or which originate in North Korea and terminate in the United States. In addition, CLDS may not -- and CLDS' tariff must state that CLDS' customers may not -- connect private lines provided over these facilities to the public switched network at either the U.S. or foreign end, or both, for the provision of international switched basic services, unless authorized to do so by the Commission upon a finding that North Korea 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 (1994), petition for reconsideration pending. 5. IT IS FURTHER ORDERED that the applicant shall file copies of any operating agreements entered into with its foreign correspondents with the Commission within 30 days of their 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. Copies of any operating agreements shall also be filed with the U.S. Department of State and the U.S. Department of the Treasury. 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 a separate Section 214 application for any additional circuits it seeks to operate via the Columbia/TDRSS satellites. 9. 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. 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 the public notice of this Order (see Section 1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau