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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 ) ) EXCELL AGENT SERVICES, L.L.C. ) File No. ITC-97-488 ) Application for authority to operate as an) international resale carrier. ) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: November 25, 1997 Released: November 28, 1997 By the Chief, Telecommunications Division: 1. Excell Agent Services, L.L.C. (Excell), pursuant to Section 214 of the Communications Act of 1934, as amended, submitted the above-captioned application requesting authority to provide global international resale services. The application was placed on public notice on September 3, 1997. A Petition to Deny the application was filed on September 24, 1997, by Excel Telecommunications, Inc. (Excel). No other pleadings have been received. 2. In its Petition to Deny, Excel states that to allow Excell to operate in the same international telecommunications markets as Excel would cause "significant customer confusion and potential harm" to Excel and its customers, the Commission and members of the public. The Commission has previously held that the FCC was not the appropriate forum for resolution of potential trade name or copyright problems. We do not believe that Excel has suggested any reason why we should not follow that precedent in the instant proceeding. Accordingly, we will grant the application, subject to any future decision which might be made by the parties, a court, or any other entity with jurisdiction over such copyright or trade name issues. At such time as a decision is taken on this issue and filed with the Commission, appropriate action will be taken. 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 thereof. 4. Accordingly, it is ordered that application File No. ITC-97-488 IS GRANTED, and Excell is authorized to provide international switched and private line services by the resale of international switched and private line services of other authorized international carriers, pursuant to Section 63.18(e)(2) of the Commission's Rules, 47 U.S.C. 63.18(e)(2). 5. IT IS FURTHER ORDERED that authorization of Excell to provide switched basic services over resold international private lines as part of its authorized services is limited to the resale of such private lines only between the United States and countries determined to afford resale opportunities equivalent to those available under U.S. law. See 47 C.F.R. Sections 63.18(e)(2)(ii)(3) and (e)(3). In addition, Excell's tariff must state that its customers may not connect private lines provided over these authorized facilities to the public switched network at either the U.S. or foreign end other than Canada, the United Kingdom, Sweden or New Zealand for the provision of international switched basic services, unless authorized to do so by the Commission upon finding that the foreign country affords resale opportunities equivalent to those available under U.S. law. The limitations in this paragraph are subject to the exception that Excell may engage in "switched hubbing" consistent with Section 63.17(b) of the Commission's Rules. 6. IT IS FURTHER ORDERED that Excell shall report its provision of switched services over resold private lines on a semi-annual basis to the Commission in the manner required by Section 43.61 of the Commission's Rules. This reporting requirement applies to traffic carried through December 1997 for the United Kingdom; December 1998 for Sweden; and December 1999 for New Zealand. These semi-annual reports shall be filed with the Commission not later than September 30 for the first six-month calendar period, and March 31 for the second six-month calendar period. 7. IT IS FURTHER ORDERED that the applicant shall file annual circuit addition reports in accordance with the requirements set forth in 43.82 of the Commission's Rules and Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Rcd 8605 (1995). 8. IT IS FURTHER ORDERED that grant of this application is subject to all the conditions set forth in Section 63.21 of the Commission's Rules, 47 C.F.R. 63.21. 9. IT IS FURTHER ORDERED that if the applicant intends to provide international call-back services through the use of uncompleted call signaling, 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 2288(1994), and in Order on Reconsideration, 10 FCC Rcd 9540 (1995). 10. The Petition to Deny, filed by Excel, is hereby DENIED. 11.` IT IS FURTHER ORDERED that the authority granted herein is subject to any decision which may be taken in a proper forum regarding the dispute as to the similarity of names. 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