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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA-96-1459 In the matter of ) ) FACILICOM INTERNATIONAL, L.L.C. ) ) Application for authority to ) File No. I-T-C-96-322 acquire and operate facilities ) for service to Denmark and Sweden. ) ORDER AND AUTHORIZATION Adopted: August 26, 1996 Released: August 30, 1996 By the Chief, Telecommunications Division: 1. Upon consideration of the above-captioned uncontested application, filed pursuant to Section 214 of the Communications Act of 1934, as amended, we find that the present and future public convenience and necessity require a grant thereof. 2. Accordingly, it is ordered that application File No. I-T-C-96-322 IS GRANTED, and Facilicom International, L.L.C. (FCI) is authorized to: a. acquire on an Indefeasible Right of User basis a one- half interest in and operate two E-1 circuits in the CANUS-1 and CANTAT-III Cable Systems, between the United States and Canada, and between Canada and Denmark and Sweden; b. lease and operate connecting facilities between the CANUS-1 terminal in Manahawkin, New Jersey and FCI's New York operating office; c. lease a one-half interest in and operate any necessary overseas connecting facilities; and d. use said facilities to provide regularly authorized services, including switched voice and data and private line services, between the United States and Denmark (one E-1), and between the United States and Sweden (one E-1). 3. IT IS FURTHER ORDERED that our authorization of FCI to provide private lines between the United States and Denmark as part of its authorized services is limited to the provision of such private lines only between the United States and Denmark -- that is, private lines which originate in the United States and terminate in Denmark or which originate in Denmark and terminate in the United States. In addition, FCI may not -- and FCI'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 Denmark end, or both, for the provision of international switched basic services, unless authorized to do so by the Commission upon a finding that Denmark 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 exception contained in Section 63.18(e)(4)(ii) of the Commission's Rules, 47 C.F.R. 63.18(e)(4)(ii). 4. IT IS FURTHER ORDERED that our authorization of FCI to provide private line service between the United States and Sweden as part of its authorized services is limited to the provision of service between the United States and Sweden -- that is, non-interconnected private lines or private lines which carry switched traffic that originate in the United States and that terminate in Sweden or that originate in Sweden 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. See also Cable & Wireless, et al., 11 FCC Rcd 1766 (1996), para. 36. 5. IT IS FURTHER ORDERED that grant of this application is conditioned upon Sweden continuing to afford resale opportunities equivalent to those available under U.S. law. 6. IT IS FURTHER ORDERED that the applicant shall file copies of any operating agreements it enters 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 service 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. IT IS FURTHER ORDERED that this authorization is issued subject to the terms and conditions of any license for the CANUS-1 cable system issued herein under the Act entitled "An Act relating to the landing and operation of submarine cables in the United States," 47 U.S.C.  34-39. 11. IT IS FURTHER ORDERED that the applicant shall file an application pursuant to Section 214 of the Communications Act of 1934, as amended, before adding any circuits or channels of communication for the provision of service over the CANUS-1 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 public notice of this order (see Section 1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau