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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) STENTOR CORPORATION ) ) File No. ITC-97-079 ) Application for Authority Pursuant to) Section 214 of the Communications Act) of 1934, as Amended, to Resell ) Telecommunications Services of Other ) Common Carriers to Provide ) Telecommunications Services Between ) The United States and International Points,) including Ireland ) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: October 8, 1997 Released: October 10, 1997 By the Chief, Telecommunications Division: I. Introduction 1. In this Order, Authorization and Certificate ("Order"), we grant Stentor Corporation ("Stentor") authority to provide international basic switched and private line telecommunications services on a resale basis. We also find that Stentor qualifies for non-dominant regulatory treatment on the U.S.-Ireland route. II. Background 2. Stentor is a corporation organized under the laws of Florida. Stentor is a wholly- owned subsidiary of Stentor PLC, a public limited company in Ireland, which provides no telecommunications services and is not a carrier. Stentor PLC, however, is also the parent company of Stentor Communications, an Irish company which offers resale domestic and international long distance service in Ireland. 3. On February 10, 1997, Stentor filed an application requesting Section 214 authorization, pursuant to Section 63.18(e)(2) of the Commission's rules, to resell international services. Because of its affiliation with a foreign carrier in Ireland, Stentor also requested classification as a non-dominant carrier in its provision of international resale services on all permissible routes, including Ireland. Stentor's application was placed on public notice and no parties filed comments or oppositions to the application. 4. Stentor states that Bord Telecom Eireann ("BTE") is the monopoly provider of telecommunications services in Ireland. Although the telecommunications industry in Ireland is scheduled for full deregulation on January 1, 2000, Stentor believes that BTE's monopoly position will not change. Stentor states that its foreign affiliate, Stentor Communications, is one of fifteen entities licensed to resell long distance service in Ireland and presently it is one of only three companies actively providing such service. According to Stentor, its foreign affiliate has a "minuscule" market share and no market power. In addition, Stentor Communications does not have the ability to discriminate against unaffiliated U.S. international carriers through control of bottleneck services or facilities in Ireland. 5. Stentor certifies that it is not affiliated with any U.S. international carrier whose facilities-based switched services Stentor proposes to resell. In addition, Stentor certifies that it has not agreed to accept special concessions directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows between the United States and any foreign country which Stentor may serve under the authority granted to it and that it will not enter into any such agreements in the future. III. Discussion 6. As a result of Stentor's affiliation with a foreign carrier, its application is not subject to the Commission's streamlining processing and requires specific review. Upon review of the application, we find that a grant of this application will serve the public interest under Section 214 of the Act by facilitating the effective and rapid provision of international services. 7. As described above, Stentor is affiliated with a foreign carrier operating in Ireland, a country which Stentor intends to serve. Thus, Stentor requested that it be treated as a non-dominant carrier in Ireland. Stentor has stated that it will provide telecommunications services, including services to Ireland, solely through the resale of unaffiliated U.S. facilities-based carriers' international services. Stentor has demonstrated that its foreign affiliate does not possess market power in Ireland. Without control of bottleneck facilities or services, the foreign affiliate lacks the ability to discriminate against U.S. carriers. We find that Stentor's application supports its request, and we conclude that Stentor should be classified as a non-dominant carrier for service to Ireland. 8. Stentor will be subject to regulation under Title II of the Act. Stentor must comply with the Section 214 requirements for non-dominant U.S. international carriers. Under Sections 201 and 202 of Title II, Stentor will be required to offer international services under rates, terms and conditions that are just, reasonable and not unduly discriminatory. Stentor must file tariffs pursuant to our streamlined tariffing procedures. Stentor will be subject to the Commission's complaint process under Sections 206 through 209. Finally, Stentor must comply with the requirements of the Commission's rules for providing of international switched and private line telecommunications services. IV. Ordering Clauses 9. Upon consideration of the application, IT IS HEREBY CERTIFIED that present and future public convenience and necessity require the provision of international switched and private line telecommunications services on a resale basis by Stentor. 10. Accordingly, IT IS ORDERED that Stentor's application, File No. ITC-97-079, IS GRANTED, and Stentor is classified as a non-dominant carrier authorized to provide international basic switched and private line telecommunications services on a resale basis pursuant to the terms and conditions of Section 63.18(e)(2) of the Commission's rules, 47 C.F.R.  63.18. 11. IT IS FURTHER ORDERED that Stentor shall comply with the requirements specified in Sections 63.14, 63.15(b), 63.19, and 63.21 of the Commission's rules, 47 C.F.R.  63.14, 63.15, 63.19, and 63.21. 12. IT IS FURTHER ORDERED that if Stentor intends to provide international callback through the use of uncompleted call signalling, its authorization to resell international switched voice and/or data services to provide these services is expressly subject to the conditions listed in VIA USA Ltd., et al., 9 FCC Rcd 2288 (1994), and in the Order on Reconsideration, 10 FCC Rcd 9540 (1995). 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 application 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)) of the Commission's rules, 47 C.F.R.  1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau