DA 95-1017 Federal Communications Commission Record 10 FCC Red No. 10
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of 
VYVX, INC.
Application for authority to 
acquire and operate facilities 
for provision of International 
Television and video services 
between the United States and 
Canada.
File No. I-T-C-95-191
5. 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.
6. IT IS FURTHER ORDERED that the applicant shall 
file the annual reports of overseas telecommunications traf 
fic required by Section 43.61 of the Commission's Rules, 
47 C.F.R. §43.61.
7. This order is issued under Section 0.261 of the Com 
mission'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
ORDER, AUTHORIZATION AND CERTIFICATE 
Adopted: April 27, 1995; Released: May 10, 1995
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, IT IS 
HEREBY CERTIFIED 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-95-191 IS GRANTED, and Vyvx, Inc. (Vyvx) is 
authorized to:
a. lease and operate four dark fibers between Detroit 
and the U.S.-Canada border at Windsor, Ontario for 
provision of International Television and video ser 
vices between the United States and Canada; and
b. provide International Television and video services 
between the United States and Canada by the resale 
of the International Television and video'services of 
other international carriers pursuant to their tariffs as 
follows: AT&T Tariff FCC No. 9, IDB WorldCom 
Tariff FCC No. 1. MCI/WUI Tariff FCC No. 27, and 
WilTel Tariff FCC No. 1.
3. IT IS FURTHER ORDERED that neither Vyvx nor 
any persons or companies directly or indirectly controlling 
or controlled by Vyvx, or under direct or indirect common 
control with it, shall acquire or enjoy any right, for the 
purposes of handling or interchanging traffic to or from 
the United States, its territories or possessions, which is 
denied to any other United States carrier by reason of any 
concession, contract, understanding, or working arrange 
ment to which Vyvx or any persons or companies control 
ling or controlled by Vyvx are parties.
4. IT IS FURTHER ORDERED that the applicant shall 
file copies of any operating agreement it enters into with its 
foreign correspondent with the Commission within 30 days 
of its execution, and shall otherwise comply with the filing 
requirements contained in Section 43.51 of the Commis 
sion's Rules, 47 C.F.R. §43.51.
Diane J. Cornell
Chief, Telecommunications Division
International Bureau
5050