WPCE# 2WBJZ]Courier3|j Bx6X@`7X@HP LaserJet 5Si Rm 844t Rm 834HPLAS5SI.PRSx  @\-"uX@ X4#Xj\  P6G;ynXP#  2TKXDCourierTimes New Roman"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd<?xxx,Bx6X@`7X@7jC:,ynXj\  P6G;XP^B(klN&o) @ U;7G;A7X4#Xj\  P6G;9XP#  3|j 2 < ZKSgTimes New RomanTimes New Roman BoldTimes New Roman ItalicHP LaserJet 5Si Rm 844t Rm 834HPLAS5SI.PRSXN\  P\-"uXP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxdX01Í ÍX0Í ÍX0Í ÍX8Í ÍҊ2 K }7  < "i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d"" '#X\  P6G;ɒP#эrrSee note 6, supra.(#Ɖ In addition, BT France operates primarily as a reseller of France Telecom's facilities. While BT France owns and operates satellite earth stations to provide data services, we see no evidence to suggest that BTNA's affiliate can use these facilities to discriminate against unaffiliated U.S. carriers.  X 4Under the Foreign Carrier Entry Order, we apply an ECO analysis only to applications from affiliates of foreign carriers that have market power in the destination markets they seek to  X 4serve. # {O_'#X\  P6G;ɒP#эrrForeign Carrier Entry Order at  102.(#rƎ Because BT France lacks market power in France, there is no regulatory need to engage in an analysis of whether or not effective opportunities exist on the U.S.France route. We also note that the Executive Branch has not raised any concerns with respect to the grant of this application.  X84rr7. We conclude that grant of BTNA's application is in the public interest because it will increase competition in the United States and thus benefit U.S. consumers. We also conclude that because BT France does not have the ability to favor BTNA through control of bottleneck services or facilities in France, we will treat BTNA as nondominant for the U.S. X4France route pursuant to Section 63.18(h)(8) of the Commission's Rules.v# yO"'#X\  P6G;ɒP#эrr47 C.F.R. 63.18(h)(8).(#rv  X'! IV. ORDERING CLAUSES Đ\  X4rr8. Accordingly, IT IS HEREBY CERTIFIED that the present and future public interest, convenience and necessity require a grant of the present application and IT IS ORDERED that application File No. ITC 96491 is granted, and BTNA is authorized to provide international facilitiesbased switched and private line services between the United States and France.  X 4rr9. IT IS FURTHER ORDERED that the facilities for which authority is granted in this order shall be used to provide service between the United States and France only, except that: (1) BTNA may use these facilities in conjunction with previously authorized facilities or services to route through the United States traffic that originates and terminates in third" %0*((|" countries; (2) BTNA may use the facilities to route U.S. traffic on an indirect, switched transit or switched hubbing basis to countries where BTNA does not have an affiliation with a foreign carrier, and to countries where it does have an affiliation with a foreign carrier provided it has received a grant of specific authorization under the Communications Act of 1934, as amended, 47 U.S.C.  214. rr 10. BTNA may not and BTNA'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, except as provided in Section 63.18(e)(4)(ii) of the Commission's Rules, unless authorized to do so by the Commission upon finding that France affords resale opportunities equivalent to those  X 4available under U.S. law, in accordance with Regulation of International Accounting Rates,  X 4Phase II, First Report and Order, 7 FCC Rcd 559 (1991), Order on Reconsideration and Third  X 4Further Notice of Proposed Rulemaking, 7 FCC Rcd 7927 (1992), Third Report and Order  X 4and Order on Reconsideration, FCC 96160, rel. May 20, 1996. See also Foreign Carrier  X4Entry Order at  133138. rr 11. IT IS FURTHER ORDERED that BTNA shall be regulated as a nondominant carrier for the provision of all its authorized international switched and private line services between the United States and France. rr 12. IT IS FURTHER ORDERED that, as a nondominant carrier on the U.S. France route, BTNA shall comply with Sections 43.82, 63.21 and 63.15 of the Commission's Rules. rr 13. 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 public  X4notice of this order (see Section 1.4(b)(2)). rr rr rr,Xrp,XrhphhCFEDERAL COMMUNICATIONS COMMISSION rr rrhhCDiane J. Cornell rrhhCChief, Telecommunications Division  X"4rrhhCInternational Bureau