$// O&A, NMC, Intl Ext of Lines, DA-96-806//$ $/ 63.01 Contents of Applications/$ $/300.214 Extension of Lines/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) NORTHERN MARIANAS COLLEGE ) ) Application for authority ) File No. I-T-C-96-132 to acquire and operate ) facilities for provision ) of INTELSAT Business ) Services and to resell ) switched services for ) educational purposes. ) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: May 17, 1996 Released: By the Chief, Telecommunications Division: 1. Northern Marianas College (NMC), filed an application requesting authority, pursuant to Section 214 of the Communications Act of 1934, as amended, to establish channels of communication via INTELSAT satellites for the provision of INTELSAT Business Services (IBS) and to resell the switched voice services of other international common carriers for the provision of international switched voice and data services. The application was placed on public notice on March 1, 1996. 2. On April 1, 1996, IT&E Overseas, Inc. (IT&E) filed a Petition to Deny. As a result of discussions between the parties, NMC amended its application to delete any mention of the provision of resold switched voice and data services for commercial purposes, while reserving the right to provide access to resold switched services for the provision of educational or broadcasting services. IT&E subsequently withdrew its Petition to Deny the application. 3. Upon consideration of the application, and in view of the foregoing, IT IS HEREBY CERTIFIED that the present and future public convenience and necessity require a grant of the instant application. 4. Accordingly, IT IS ORDERED that application File No. I-T-C-96-132 IS GRANTED, and NMC is authorized to: a. establish channels of communication between appropriately licensed U.S. earth stations (including the Northern Mariana Islands) and INTELSAT Atlantic and Pacific Ocean satellites for the provision of IBS between the U.S. and those countries listed in COMSAT's Tariff No. 103 for the space segment of IBS service; and b. provide international switched services for educational and non-commercial purposes by the resale of the international switched voice services set forth in AT&T's Tariffs FCC Nos. 1, 2 and 12, MCI's Tariff FCC No. 1, Sprint's Tariffs FCC Nos. 1 and 2, WorldCom's Tariff FCC No. 1, Shared Communications Services' Tariff FCC No. 3, Frontier's Tariffs FCC Nos. 1 and 2, West Coast Telecommunications' Tariff FCC No. 1, Athena International, LLC's Tariff FCC No. 1, Trescom's Tariff FCC No. 1, Allnet's Tariff FCC No. 5, Coastal's Tariff FCC No. 1, WilTel's Tariff FCC No. 2, C&W's Tariffs FCC Nos. 1, 2 and 3, Pacific Gateway Exchange's Tariff FCC No. 2 and Execuline's Tariff FCC No. 1 between the United States and the overseas points listed in those tariffs. 5. IT IS FURTHER ORDERED that our authorization of NMC 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 listed in listed in COMSAT's Tariff No. 103 -- that is, private lines which originate in the United States and terminate in one of the countries listed in COMSAT's Tariff No. 103 or which originate in one of the countries listed in COMSAT's Tariff No. 103 and terminate in the United States. In addition, NMC may not -- and NMC'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 switched basic 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 Foreign Carrier Entry Order, 11 FCC Rcd 3873 (1995). 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(k)(6)(i) and 63.17. See also Cable & Wireless, et al., 11 FCC Rcd 1776 (1996), para. 36. 6. 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. 7. 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. 8. 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. ` 9. 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). 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 International Bureau