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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 ) ) COMMONWEALTH TECHNOLOGY, INC. ) File No. ITC-97-563 ) 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. Commonwealth Technology, Inc. (CTI), 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 26, 1997. Comments were filed on October 16, 1997, by Commonwealth Telephone Enterprises, Inc., Commonwealth Telephone Company, Commonwealth Long Distance Company and Commonwealth Telecom Services, Inc. (the Commonwealth Companies). CTI filed its Response on October 29, 1997. No other pleadings have been received. 2. In its Comments, the Commonwealth Companies request that the Commission deny the application, stating that the use of "Commonwealth" as the first word of the corporate name "will cause significant confusion and potential harm to the public, to the Commonwealth Companies, and to the Commission." In response, CTI states that 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 the Commonwealth Companies have 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-97-563 IS GRANTED, and CTI 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 CTI 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, CTI'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 CTI may engage in "switched hubbing" consistent with Section 63.17(b) of the Commission's Rules. 6. IT IS FURTHER ORDERED that CTI 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 relief requested in the Comments, filed by the Commonwealth Companies, 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