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File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $// O&A, ITC Intl Ext of Lines, DA-95-805//$ $/ 63.01 Contents of Applications/$ $/300.214 Extension of Lines/$ $/ 1.767 Cable Landing Licenses/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) INTERNATIONAL TELECOMMUNI- ) CATIONS CORPORATION ) ) Application for authority to ) File No. I-T-C-95-568 acquire and operate facilities ) in the TAT-12/13, RIOJA, ODIN ) and EURAFRICA Cable Systems ) for service between the United ) States and various overseas points ) ) Application for modification of ) File No. S-C-L-93-004(M) the Cable Landing License for the ) TAT-12/13 Cable System. ) ORDER AND AUTHORIZATION Adopted: May 17, 1996 Released: By the Chief, Telecommunications Division: 1. International Telecommunications Corporation (ITC) filed an application, pursuant to Section 214 of the Communications Act of 1934, as amended, for authority to acquire and operate facilities in the TAT-12/13, RIOJA, ODIN and EURAFRICA Cable Systems. ITC also filed an application to amend the Cable Landing License for the TAT-12/13 Cable System to include ITC as an owner. The applications were placed on public notice on October 20, and 27, 1995, respectively. No comments were received. 2. ITC, a Delaware corporation, is in the business of providing common carrier communications services between the United States and overseas points. ITC seeks to acquire on an ownership basis facilities in the TAT-12/13, RIOJA and ODIN Cable Systems, and on an Indefeasible Right of User (IRU) basis facilities in the EURAFRICA Cables System, for provision of its authorized international services. Since it is seeking to acquire the TAT-12/13 facilities on an ownership basis, it must additionally seek modification of the Cable Landing License to add itself as an owner. 3. In the matter before us, the Department of State, in coordination with the National Telecommunications and Information Administration and the Department of Defense, has advised the Commission that it has no objection to the issuance of an amended TAT-12/13 Cable Landing License. 4. Upon consideration of the applications and in view of the foregoing, we find that the present and future public convenience and necessity require a grant of the instant applications. 5. Accordingly, IT IS ORDERED that applications File Nos. I-T-C-95-568 and S-C-L-93-004(M) ARE GRANTED, and: a. ITC is authorized to: i. acquire on an ownership basis a one-half interest in and operate one E-1 circuit in the TAT-12/13 Cable System for provision of its regularly authorized services between the United States, on the one hand, and Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Israel, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Slovakia, Sweden, Switzerland, Turkey and the United Kingdom, on the other hand; ii. acquire on an ownership basis a one-half interest in and operate one E-1 circuit in the RIOJA and ODIN Cable Systems for provision of its regularly authorized services between the United States, on the one hand, and Denmark, Finland and Norway, on the other hand; iii. acquire on an (IRU) basis a one-half interest in and operate one E-1 circuit in the EURAFRICA Cable System for provision of its regularly authorized services between the United States and France, Madeira Islands, Portugal and Spain, on the other hand; iv. lease and operate any necessary domestic connecting facilities and a one-half interest in any necessary overseas connecting facilities. b. the TAT-12/13 Cable Landing License is amended to include ITC as an owner and a licensee under the provisions of "An Act Relating to the Landing and Operation of Submarine Cables in the United States", 47 U.S.C. Sections 34-39 and Executive Order 10530, dated May 10, 1954, 3 C.F.R. 1954-58 (Comp., p. 189(1961)), reprinted in 3 U.S.C.A. Section 301 at 1052 (1985). 6. IT IS FURTHER ORDERED that our authorization of ITC 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 one of the countries authorized herein -- that is, private lines which originate in the United States and terminate in one of the countries authorized herein or which originate in one of the countries authorized herein and terminate in the United States. In addition, ITC may not-- and ITC'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 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. 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., 11 FCC Rcd 1766 (1996), para. 36. 7. IT IS FURTHER ORDERED that applicant shall file copies of any operating agreements it enters into with its foreign correspondents 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. 8. 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. 9. 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. 10. 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). 11. IT IS FURTHER ORDERED that ITC shall comply with any Department of Treasury licensing which may be required. 12. IT IS FURTHER ORDERED that AT&T shall file with the Commission all necessary amendments and adjustments to the C&MA of the TAT-12/13 Cable System as required by the authorization herein to ITC. 13. IT IS FURTHER ORDERED that AT&T is authorized to conform the assignment of capacity in the TAT-12/13 cable system as summarized herein. 14. 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