DA 95-698 Federal Communications Commission Record 10 FCC Red No. 8 Before the Federal Communications Commission Washington, D.C. 20554 File No. I-T-C-95-114 In the Matter of 1NTEX TELECOMMUNICATIONS, INC. Application for authority to acquire and operate facilities for service between the United States and Honduras. ORDER, AUTHORIZATION AND CERTIFICATE Adopted: March 29, 1995; Released: April 6, 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-95-114 IS GRANTED, and INTEX Telecom munications. Inc. (ITI)' is authorized to: a. lease from Comsat and operate 45 64-kbps voice- grade satellite circuits between an appropriately li censed U.S. earth station and an appropriate INTELSAT satellite over the Atlantic Ocean, con necting with similar circuits between the satellite and an earth station in Honduras, furnished by ITI's cor respondent; b. lease and operate facilities in the U.S. earth sta tion, to be used in conjunction with the space segment capacity; c. lease and operate necessary domestic connecting facilities; d. multiply the number of bearer channels autho rized herein in order to derive the maximum num ber of circuits; and e. use said facilities to provide regularly authorized services, including switched voice and data and pri vate line services, between the United States and Honduras. 3. IT IS FURTHER ORDERED that our authorization of ITI to provide private lines as part of its authorized services is limited to the provision of such private lines only between the United States and Honduras -- that is, private lines which originate in the United States and terminate in Honduras or which originate in Honduras and terminate in the United States. In addition. ITI may not -- and ITI'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 Honduras end, or both, for the provision of international basic switched services, unless authorized to do so by the Com mission upon a finding that Honduras affords resale op portunities equivalent to those available under U.S. law, in accordance with Regulation of International Accounting Rates, Phase II. First Report and Order, 1 FCC Red 559 (1991), Order on Reconsideration and Third Further No tice of Proposed Rulemaking, 7 FCC Red 7927 (1992), petition for reconsideration pending. 4. IT IS FURTHER ORDERED that neither ITI nor any persons or companies directly or indirectly controlling or controlled by ITI, 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 ITI or any persons or companies control ling or controlled by ITI are parties. 5. 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. 6. 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 services authorized in this Order. 7. 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. 8. IT IS FURTHER ORDERED that the applicant shall file semi-annual circuit reports pursuant to Section 63.15(b) of the Commission's Rules, 47 C.F.R. §63.15(b), for the common carrier facilities authorized herein. 9. The Commission retains jurisdiction over this matter to reallocate circuits in the satellite system among the various international common carriers and other autho rized users as required to ensure nondiscriminatory use of, and equitable access to, the communications satellite sys tem. 10. This order is issued under Section 0.261 of the Commission's Rules and is effective upon adoption. Peti tions for reconsideration under Section 1.106 or applica tions 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)). 1 This application was originally filed by Corporate Telemanagement Group (CTG). CTG amended its application on February 23, 1995 to specify its wholly-owned subsidiary, ITI, as the applicant. 3798 10 FCC Red NO. 8 Federal Communications Commission Record DA 95-698 FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau 3799