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 how2ftp. File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $// O&A, AT&T, Intl Ext of Lines, DA-96-519//$ $/ 63.01 Contents of Applications/$ $/300.214 Extension of Lines/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) AT&T CORP. ) ) Application for authority to ) File No. I-T-C-96-010 acquire and operate facilities) in the TAGIDE 2 Cable System. ) ) Application for authority to ) File No. I-T-C-96-012 acquire and operate facilities) in the PENCAN 5 Cable System. ) ORDER AND AUTHORIZATION Adopted: March 29, 1996 Released: April 9, 1996 By the Chief, Telecommunications Division: 1. Upon consideration of the above-captioned uncontested applications, filed pursuant to Section 214 of the Communications Act of 1934, as amended, we find that the present and future public convenience and necessity require a grant thereof. 2. Accordingly, IT IS ORDERED that applications File Nos. I-T-C-96-010 and I-T-C-96-012 ARE GRANTED, and AT&T is authorized to: a. acquire on an ownership basis a one-half interest in and operate two MIUs of capacity in the TAGIDE-2 Cable System; b. acquire by lease or other comparable means any necessary extension facilities; c. use the facilities in a and b, above, to provide AT&T's regularly authorized services between the United States, Portugal, and France; d. acquire from Telefonica de Espana on an Indefeasible Right of User basis a one-half interest in and operate 2 MIUs of capacity in the PENCAN 5 Cable System between El Medano and Sardina; e. acquire by lease or other comparable means any necessary extension facilities; and f. use the facilities in d and e, above, to provide its regularly authorized services. 3. IT IS FURTHER ORDERED that our authorization of AT&T 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 countries authorized -- that is, private lines which originate in the United States and terminate in one of the countries authorized or which originate in one of the countries authorized and terminate in the United States. In addition, AT&T may not -- and AT&T's tariffs 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 foreign end, or both, for the provision of international switched basic services, unless authorized to do so by the Commission upon a finding that one of the countries authorized 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. The limitations in this paragraph are subject to the exceptions contained in Sections 63.01(k)(6)(i) and 63.17 of the Commission's Rules, 47 C.F.R. 63.01 and 63.17. See also Cable & Wireless et al., DA 96-17, released January 16, 1996, para. 36. 4. 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. Section 43.61. 5. IT IS FURTHER ORDERED that the applicant shall file annual circuit status reports in accordance with the requirements set forth in Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Rcd 8605 (1995). 6. 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