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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** DA-96-823 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) STARCOM SERVICES CORPORATION ) ) Application for authority to ) File No. I-T-C-96-039 provide facilities-based and ) resold services between the ) United States and Canada. ) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: May 22, 1996 Released: June 5, 1996 By the Chief, Telecommunications Division: 1. On December 18, 1995, Starcom Services Corporation (Starcom) filed the above-captioned uncontested application, requesting authority, pursuant to Section 214 of the Communications Act of 1934, as amended, to provide facilities- based services, by means of its fiber cable in Washington State, and resold services, by means of switched voice services and private lines acquired from underlying carriers, for service between the United States and Canada. The application was placed on public notice on January 26, 1996. No comments were received. 2. Starcom certifies that it is affiliated with a foreign carrier pursuant to Section 63.01(r)(i) of the Commission's Rules. Starcom states that it is affiliated with Starcom Services Corporation-BC (SSC-BC), a carrier organized under the laws of British Columbia, Canada, and that Starcom and SSC-BC are wholly-owned (50% each) by Starcom International Optics Corporation (SIOC), a British Columbia corporation, and IntelCom Group, Inc. (IntelCom), a United States corporation. Starcom states that neither SSC-BC nor SIOC has the ability to discriminate against unaffiliated U.S. international carriers, since extensive interconnection agreements already exist and the two corporations do not operate any bottleneck facilities in British Columbia or elsewhere in Canada. 3. Since Starcom is affiliated with a foreign carrier under the Commission's rules, the Commission must determine whether or not to conduct an effective competitive opportunities analysis of the Canadian international services market. The Commission stated in the Foreign Carrier Entry Order that it would apply this analysis only to applications from foreign carriers that have market power, or to U.S. carriers that are affiliated with such carriers, in the destination markets they seek to serve. If the affiliation is with a non-dominant foreign carrier, the Commission would not apply an effective competitive opportunities analysis to the application. SSC-BC is a non- dominant carrier and therefore we do not need to conduct an analysis of the Canadian market. 4. Upon consideration of the application and in view of the foregoing, we conclude that Starcom's entry into the market will increase competition in the United States and Canada markets and thus benefit U.S. consumers. Therefore, IT IS HEREBY CERTIFIED that the present and future public convenience and necessity require a grant of the application. 5. Accordingly, IT IS ORDERED that application File No. I-T-C-96-039 IS GRANTED, and Starcom is authorized to: a. provide international switched services by the resale of the international switched voice services set forth in AT&T's Tariffs FCC Nos. 1, 2, 12 and 13, MCI's Tariff FCC No.1, WorldCom's Tariff FCC No 1, Pacific Gateway's Tariff FCC No. 1, GST Telecom's Tariff FCC No. 1, Fonorola's Tariff FCC No. 1, BCC Long Distance's Tariff FCC No. 1, Pacific Interconnect's Tariff FCC No. 1, and Sprint's Tariffs FCC Nos. 1 and 2, between the United States and the overseas points listed in those tariffs; b. use its fiber optic system in Washington State to provide its regularly authorized services, including switched voice and data and private line services, between the United States and Canada; and c. lease from U.S. international carriers private lines between the United States and Canada for the provision of non-interconnected private line services and private lines interconnected with the public switched networks between the United States and Canada. 6. IT IS FURTHER ORDERED that the authority granted herein to provide private line service is limited to the provision of service between the United States and Canada -- that is, non-interconnected private lines or private lines which carry switched traffic that originate in the United States and that terminate in Canada or that originate in Canada and that terminate in the United States. However, the applicant may engage in "switched hubbing" consistent with the rules adopted in the Foreign Carrier Entry Order, 11 FCC Rcd 3873, paras. 169-170. 7. IT IS FURTHER ORDERED that grant of this application is conditioned upon Canada continuing to afford resale opportunities equivalent to those available under U.S. law. 8. 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. 9. 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. 10. 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. 11. IT IS FURTHER ORDERED that the applicant shall file annual circuit 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). 12. 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