*Pages 1--7 from Microsoft Word - 41758* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 04- 2832 August 31, 2004 COMMISSION LIFTS THE INTERNATIONAL SETTLEMENTS POLICY ON CERTAIN BENCHMARK- COMPLIANT ROUTES, SEEKS FURTHER COMMENT ON OTHER ROUTES IB Docket Nos. 02- 324, 96- 261 Comment Due Date: September 30, 2004 Reply Comment Due Date: October 15, 2004 By the Chief, Policy Division, International Bureau: On March 30, 2004, the Commission released a Report and Order, FCC 04- 53, that reformed the rules to remove the International Settlements Policy (ISP) from benchmark-compliant routes. The Order included a list of 96 routes that the Commission exempted from the ISP. 1 The Order also included a list of 77 routes that were believed to be benchmark- compliant but had not yet been exempted from the ISP. 2 The Order stipulated that all interested parties would have 30 days from the effective date of the Order to file comments or petitions on those routes, and 15 days to file responses. The Commission stated that after the comment period closed, it would: (1) remove the ISP for all routes for which no reasonable concerns were raised, and (2) complete a full review of the issues pleaded for those routes on which concerns were raised. The Order became effective on May 28, 2004. On May 28, 2004, the International Bureau issued a public notice setting the notice and comment dates for the list of routes believed to be benchmark- compliant. 3 AT& T Corp. (“ AT& T”), Videsh Sanchar Nigam Limited 1 See International Settlements Policy Reform: International Settlement Rates, IB Docket Nos. 02- 324 and 96- 21, First Report and Order, FCC 04- 53, Appendix D (rel. March 30, 2004) (Report and Order). 2 See Report and Order at Appendix E. 3 See Commission Announces Pleading Cycle For Comments And Replies In Proceeding On Routes Believed To Be Benchmark-Compliant, Public Notice, DA 04- 1585 (rel. May 28, 2004). 1 2 (“ VSNL”), International Access Inc. d/ b/ a Access International (“ Access”) and Telefonos De Mexico, S. A. de C. V. (“ Telmex”) submitted comments. 4 Access, AT& T, Philippine Long Distance Telephone Company (“ PLDT”), Sprint Corporation (“ Sprint”) and Bayan Telecommunications, Inc. (“ Bayantel”) filed reply comments in the proceeding and MCI, Inc. (“ MCI”) submitted late- filed reply comments. 5 In the comments and replies, at least one party raised concerns on two of the 77 routes. In addition, VSNL filed comments regarding whether the U. S.- India route should be added to the list of routes believed to be benchmark- compliant. 6 By this Public Notice, we lift the ISP on the twenty- six additional routes that have current rates on file per section 64.1001 and for which no party raised concerns in the comments and replies. 7 The list of additional routes for which the ISP is now lifted by this Public Notice is attached. A complete list of routes that are now exempt from the ISP is also attached to this Public Notice. The remaining routes either have expired rates on file or have had concerns raised in the comment and reply cycle. With respect to the routes for which the rates on file have expired, we require written assurance that the current ongoing rate is benchmark- compliant as contemplated by the Report and Order prior to lifting the ISP. 8 We request that U. S. carriers certify that the current rates on the remaining routes are benchmark- compliant prior to lifting the ISP. In addition, the U. S.- India route should have been included in the original list of routes believed to be benchmark- compliant, that is, Appendix E of the Report and Order. This route appropriately belongs in the category of routes for which there is a benchmark- compliant, but expired, rate modification on file. Accordingly, we add the U. S.- India route to the list of routes for which we request confirmation by U. S. carriers that current rates remain benchmark-compliant. In addition, since the U. S.- India route was not included on the list of routes believed to be benchmark- compliant in our Public Notice issued May 28, 2004, we will entertain comments and replies on whether the route qualifies for exemption from the ISP. Comments on this matter are due on September 30, 2004, and reply comments are due October 15, 2004. 4 AT& T supported the removal of ISP from the U. S.- Philippine route and opposed the removal of the ISP from the U. S.- Papua New Guinea route. VSNL argued that the U. S.- India route was not listed on the list of 77 routes but that it is benchmark- compliant and should have the ISP removed. Telmex submitted comments in support of removing ISP from the U. S.- Mexico route. Finally, Access submitted comments opposing the removal of ISP from the U. S.- Philippines route. 5 Access opposed the removal of ISP from the U. S.- Philippines route while PLDT, Bayantel, Sprint and MCI supported removal of ISP on the route. In its reply, AT& T supported the removal of the ISP on the U. S.- Mexico route. 6 See VSNL Comments. 7 See 47 C. F. R. § 64.1001. There is a pending petition, filed by Sprint, requesting that the U. S.- Aruba route be exempted from the ISP. See Sprint Communications Company, L. P., Application for Authorization Pursuant to Section 214 of the Communications Act of 1934, As Amended, to Remove the International Settlement Policy on the Specific Route Between the United States and Aruba, File No. ISP- PDR- 20040205- 00007 (filed February 5, 2004). Because we are exempting the U. S.- Aruba route from the ISP by this public notice, we dismiss the petition as moot. 8 Our rules do not require carriers to file new rates as long as the ongoing rates are identical to the rate on file. See 47 C. F. R. § 64.1001. More specifically, our rules require a U. S. carrier to file new rates when that carrier agrees to rates with a foreign carrier with market power that are not identical to current rates on file. See also Report and Order. 2 3 Copies of this Notice, status reports, Order, and pleadings are available electronically on the Commission’s web site at www. fcc. gov. For additional information, please contact Alexandra Field, Policy Division, International Bureau, (202) 418- 2064, Kimberly Cook, Policy Division, International Bureau, (202) 418- 7532, or James Ball, Chief, Policy Division, International Bureau, (202) 418- 1460. – FCC – 3 4 Attachment A Additional ISP- Exempt Routes 9 No. Country 1 Aruba 2 Belarus 3 Bulgaria 4 China 5 Congo 6 Faroe Islands (included in Denmark) 7 French Guiana 8 French Overseas Dept. (Martinique) 9 Guadeloupe 10 Iran 11 Latvia 12 Lebanon 13 Liberia 14 Libya 15 Liechtenstein 16 Lithuania 17 Mali 18 Moldova 19 Mozambique 20 Nepal 21 Romania 22 Russia 23 Sri Lanka 24 Swaziland 25 Uganda 26 Yemen 9 This list of routes exempt from the ISP is in addition to the 96 routes listed in Appendix D of the Report and Order. 4 5 Attachment B Complete List Of Routes Currently Exempt From the ISP No. Country No. Country 1 Algeria 62 Kuwait 2 Antigua and Barbuda 63 Latvia 3 Argentina 64 Lebanon 4 Aruba 65 Liberia 5 Australia 66 Libya 6 Austria 67 Liechtenstein 7 Bahrain 68 Lithuania 8 Bangladesh 69 Luxembourg 9 Barbados 70 Macau 10 Belarus 71 Malaysia 11 Belgium 72 Mali 12 Belize 73 Mauritius 13 Bermuda 74 Moldova 14 Bolivia 75 Monaco (included in France) 15 Bosnia and Herzegovina 76 Mongolia 16 Botswana 77 Morocco 17 Brazil 78 Mozambique 18 Brunei 79 Nepal 19 Bulgaria 80 Netherlands 20 Canada 81 Netherlands Antilles 21 Chile 82 New Caledonia 22 China 83 New Zealand 23 Colombia 84 Nicaragua 24 Congo 85 Nigeria 25 Costa Rica 86 Norway 26 Croatia 87 Oman 27 Cyprus 88 Panama 28 Czech Republic 89 Paraguay 29 Denmark 90 Peru 30 Dominica 91 Poland 31 Dominican Republic 92 Portugal 32 Ecuador 93 Qatar 33 Egypt 94 Romania 34 El Salvador 95 Russia 35 Faroe Islands (included in Denmark) 96 Saint Kitts and Nevis 36 Fiji 97 Saint Lucia 37 Finland 98 Saint Vincent and the Grenadines 38 France 99 Saudi Arabia 39 French Guiana 100 Singapore 40 French Overseas Dept. (Martinique) 101 Slovakia 41 Gambia, The 102 Slovenia 42 Germany 103 South Africa 43 Ghana 104 Spain 44 Greece 105 Sri Lanka 45 Grenada 106 Suriname 46 Guadeloupe 107 Swaziland 47 Guatemala 108 Sweden 48 Guinea 109 Switzerland 5 6 Complete List Of Routes Currently Exempt From the ISP No. Country No. Country 49 Guyana 110 Taiwan 50 Hong Kong 111 Thailand 51 Hungary 112 Trinidad and Tobago 52 Iceland 113 Tunisia 53 Indonesia 114 Turkey 54 Iran 115 Uganda 55 Ireland 116 United Arab Emirates 56 Israel 117 United Kingdom 57 Italy 118 Uruguay 58 Jamaica 119 Venezuela 59 Japan 120 Yemen 60 Jordan 121 Zambia 61 Korea, South 122 Zimbabwe 6 7 Attachment C Routes Requiring Certification of Benchmark-Compliance Prior to Removal of the ISP No. Country No. Country 1 Albania 27 Kyrgyzstan 2 Angola 28 Laos 3 Anguilla 29 Lesotho 4 Armenia 30 Macedonia FDR (included in Serbia) 5 Azerbaijan 31 Madagascar 6 Bahamas, The 32 Malawi 7 Benin 33 Malta 8 Bhutan 34 Mayotte (included in Comoros) 9 Burkina 35 Mexico 10 Burundi 36 Montserrat 11 Cameroon 37 Namibia 12 Cape Verde 38 Niger 13 Cayman Islands 39 Pakistan 14 Cote d'Ivoire 40 Papua New Guinea 15 Djibouti 41 Philippines 16 Equatorial Guinea 42 Reunion 17 Eritrea (included in Ethiopia) 43 Senegal 18 Estonia 44 Serbia 19 Ethiopia 45 Seychelles 20 French Polynesia 46 Sudan 21 Gabon 47 Tanzania 22 Georgia 48 Tonga 23 Haiti 49 Turks and Caicos Islands 24 Honduras 50 Ukraine 25 India 51 Uzbekistan 26 Kazakhstan 52 Virgin Islands, British 7