11 FCC Red No. 3 Federal Communications Commission Record DA 96-89 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AMERICAN TELESIS, INC. Application for authority to acquire and operate facilities for service to various overseas points. File No. I-T-C-95-548 ORDER, AUTHORIZATION AND CERTIFICATE Adopted: January 24, 1996; Released: February 2, 1996 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 partial grant thereof. 2. Accordingly, IT IS ORDERED that application File No. I-T-C-95-548 IS GRANTED, and American Telesis, Inc. (American Telesis) is authorized to: a. establish channels of communication between ap­ propriately licensed U.S. earth stations and INTELSAT satellites, for provision of Intelsat Busi­ ness Services (IBS), International Television Service and Datanet Service between the United States and the international points listed in Comsat's tariffs for the space segment of these services; b. lease from Comsat and operate the satellite circuits specified in Appendix A, between appropriately li­ censed U.S. earth stations and INTELSAT Atlantic and Pacific Ocean Region satellites, connecting with similar facilities between the satellites and the over­ seas points listed in Appendix A, furnished by its correspondents; c. lease from PanAmerican Satellite Corp. (PAS) and operate the satellite circuits specified in Appendix B, between appropriately licensed U.S. earth stations and the PAS-1, PAS-2 and PAS-4 satellites, connect­ ing with similar circuits between the satellites and the overseas points listed in Appendix B, furnished by its correspondents; d. lease-from the Columbia/TDRSS International Sat­ ellite System (TDRSS) and operate the satellite cir­ cuits specified in Appendix C, between appropriately licensed U.S. earth stations and the TDRS-41 and TD RS-I 74 satellites, connecting with similar circuits between the satellit~s and the overseas points listed in Appendix C, furnished by its correspondents; e. lease from Orion Satellite Corporation (Orion) and operate the satellite circuits specified in Appen­ dix D, between appropriately licensed U.S. earth sta­ tions and the Orion Fl satellite, connecting with 1129 similar circuits between the satellite and the overseas points listed in Appendix D, furnished by its cor­ respondents; f. acquire on an Indefeasible Right of User basis a one-half interest in and operate the cable facilities listed in Appendix F; g. lease and operate any necessary domestic connect­ ing facilities; h. lease a one-half interest in and operate any neces­ sary overseas connecting facilities; i. use the facilities in b, c, d, e, f, g and h, above, to provide regularly authorized services, including switched voice and data and private line services, between the United States and the points listed in the Appendices; j. establish channels of communications between ap­ propriately licensed U.S. earth stations and U.S. do­ mestic satellites (also Anik satellites for service to Canada, and Mexican domestic satellites for service to Mexico), for provision of authorized transborder ser­ vices between the United States and the points listed in Appendix E; and 3. IT IS FURTHER ORDERED that neither American Telesis nor any persons or companies directly or indirectly controlling or controlled by American Telesis; 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 ter­ ritories or possessions, which is denied to any other United States carrier by reason of any concession, contract, under­ standing, or working arrangement to which American Telesis or any persons or companies controlling or con­ trolled by American Telesis are parties. 4. IT IS FURTHER ORDERED that our authorization of American Telesis 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 the coun­ tries listed in the Appendices -- that is, private lines which originate in the United States and terminate in one of the countries listed in the Appendices or which originate in one of the countries listed in the Appendices and terminate in the United States. In addition, American Telesis may not -- and American Telesis's tariff must state that its customers may not -- connect private lines provided over these facili­ ties to the public switched network at either the U.S. or foreign end, or both, for the provision of international switched basic services, unless authorized to do so by the Commission upon a finding that the destination country affords resale opportunities equivalent to those available under U.S. law, in accordance with Regulation of lnterna· tional Accounting Rates, Phase ll, First Report and Order, 7 FCC Red 559 ( 1991 ), Order on Reconsideration and Third Further Notice of Proposed Rulemaking, 7 FCC Red 7927 ( 1992), petition for reconsideration pending. 5. IT IS FURTHER ORDERED that the applicant shall file copies of any operating agreements entered into with its foreign correspondents with the Commission within 30 days of their execution, and shall otherwise comply with the filing requirements contained in Section 43.51 of the Commission's Rules, 47 C.F.R. §43.51. DA 96-89 Federal Communications Commission Record 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 annual circuit status reports in accordance with the requirements set forth in Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Red 8605 (1995). 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. IT IS FURTHER ORDERED that the applicant shall file a separate Section 214 application for any additional circuits it seeks to operate via the PAS-1, PAS-2, PAS-4, TDRS-41, TDRS-174, or Orion Fl satellites. 11. IT IS FURTHER ORDERED that the number of circuits authorized herein for the provision of services via separate satellite systems is subject to limitations on the number of circuits specified under the separate systems policy and applicable consultations under Article XIV(d) of the INTELSAT Agreement. 12. 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 l.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau 1130 11 FCC Red No. 3 11 FCC Red No. 3 Federal Communications Commission Record DA 96-89 APPENDIX A COUNTRIES TO BE SERVED VIA INTELSAT (NUMBERS ARE 64-KBPS VOICE·GRADE CIRCUITS) Country Circuit~ Country Circuits Country Circuits Argentina 50 Haiti 50 Poland 50 Australia 50 Honduras 50 Portugal 50 Austria 50 India 50 Romania 50 Bahamas 50 Indonesia 50 Saudi Arabia 50 Barbados 50 Iran 50 Senegal 50 Belgium 50 Ireland 50 Serbia· 50 Bolivia 50 Israel 50 Montenegro Bosnia· 50 Italy 50 Singapore 50 Herzegovina Jamaica 50 Slovenia 50 Brazil 50 Japan 50 Somalia 50 Canada 50 Jordan 50 South Africa 50 Czech 50 Kenya 50 Spain 50 Republic Korea, 50 Sweden 50 Chile 50 Republic of Switzerland 50 China, People's 50 Kuwait 50 Syria 50 Republic Lebanon 50 Taiwan 50 Croatia 50 Liechtenstein 50 Thailand 50 Denmark 50 Luxembourg 50 Trinidad 50 Dominican 50 Malaysia 50 & Tobago Republic Macedonia 50 Uganda 50 Ecuador 50 F.Y.R.O. United Arab 50 Egypt 50 Mexico 50 Emirates El Salvador 50 Morocco 50 United Kingdom 50 Ethiopa 50 Netherlands 50 Uruguay 50 Finland 50 Netherlands 50 Vietnam 50 France 50 Antilles Venezuela 50 Guantanamo 50 New Zealand 50 Zaire 50 Bay Nicaragua 50 Germany, Federal 50 Norway 50 Republic of Panama 50 Ghana 50 Peru 50 Greece 50 Philippines 50 Guatemala 50 Guinea 50 1131 DA 96·89 Federal Communications Commission Record 11 FCC Red No. 3 APPENDIX B COUNTRIES TO BE SERVED VIA PAS·l (NOT INTERCONNECTED) Up to ten 64-Kbps voice-grade circuits between the Unit­ ed States and the countries listed below: Ku-band Countries: Anguilla Austria Azerbaijan Bahamas Belgium Bermuda Bosnia-Herzegovenia British Virgin Is. Cayman Islands Croatia Czech Republic Denmark France Germany Greece Ireland Italy C-band Countries: Anguilla Argentina Aruba Bahamas Barbados Bermuda Bolivia Brazil British Virgin Is. Cayman Islands Chile Colombia Costa Rica Dominican Rep. Ecuador Luxembourg Monaco Macedonia, FYRO Montserrat Netherlands Portugal Romania Russian Fed. Serbia & Montenegro Slovenia Spain Sweden Switzerland Turks & Caicos Is. United Kingdom Guatemala Haiti Honduras Jamaica Mexico Montserrat Netherlands Antilles Panama Paraguay Peru Trinidad and Tobago Turks & Caicos Is. Uruguay Venezuela COUNTRIES TO BE SERVED VIA PAS·l (INTERCONNECTED) Up to six 64-Kbps voice-grade circuits between the Unit­ ed States and the countries listed below: Ku-band Countries: Azerbaijan Bahamas Bosnia-Herzegovenia Czech Republic Portugal Romania Russian Fed. Serbia & Montengro United Kingdom C-band Countries: Bahamas Costa Rica Dominican Republic Netherlands Antilles Panama Peru 1132 COUNTRIES TO BE SERVED VIA PAS·2 (NON-INTERCONNECTED) Up to ten 64-Kbps voice-grade circuits between the United States and the following country: United Kingdom COUNTRIES TO BE SERVED VIA PAS-2 (INTERCONNECTED) Up to six 64-Kbps voice-grade circuits between the Unit­ ed States and the following country: United Kingdom COUNTRIES TO BE SERVED VIA PAS-4 (NON-INTERCONNECTED) Up to ten 64-Kbps voice-grade circuits between the Unit- ed States and the following countries: Australia Hong Kong New Zealand COUNTRIES TO BE SERVED VIA PAS-4 (INTERCONNECTED) Up to six 64-Kbps voice-grade circuits between the United States and the following countries: Australia Hong Kong New Zealand APPENDIX C COUNTRIES TO BE SERVED VIA COLUMBIA'S TDRSS (NON-INTERCONNECTED) Up to ten 64-Kbps voice-grade circuits between the Unit­ ed States and the countries listed below: TDRSS-41 Austria Bahamas Belgium Bosnia-Herzegovenia Canada Denmark Finland France Germany Ireland Israel Jamaica Liechtenstein Luxembourg Mexico Netherlands Portugal Serbia & Montenegro · Sweden TDRSS-174 Hong Kong Japan Mexico Philippines Republic of Korea 11 FCC Red No. 3 Federal Communications Commission Record DA 96-89 Switzerland Turkey United Kingdom COUNTRIES TO BE SERVED VIA COLUMBIA'S TDRSS (INTERCONNECTED) Up to six 64-Kbps voice-grade circuits between the Unit­ ed States and the countries listed below: TDRS-41 Germany Bosnia-Herzegovenia Serbia & Montenegro United Kingdom TDRS-174 Hong Kong APPENDIX D COUNTRIES TO BE SERVED VIA ORION SATELLITE CORPORATION'S Fl SATELLITE (INTERCONNECTED) Up to six 64-Kbps voice-grade circuits between the United States and the countries listed below: Germany Ireland The Netherlands Poland Sweden COUNTRIES TO BE SERVED VIA ORION SATELLITE CORPORATION'S F 1 SATELLITE (NON-INTERCONNECTED) Up to ten 64-Kbps voicegrade ciircuits between the Unit· ed States and the countries listed below: Austria Belgium Denmark France Germany Ireland Italy . Luxembourg Norway Poland Serbia & Montenegro Sweden The Netherlands United Kingdom APPENDIX E COUNTRIES TO BE SERVED VIA AUTHORIZED U.S. DOMESTIC SATELLITES, MEXICAN MORELOS AND SOLIDARIDAD SATELLITES, AND CANADIAN ANIK SATELLITES Anguilla Antigua and Barbuda Bahamas Barbados Belize Bermuda British Virgin Islands Canada Domestic Satellites Domestic Satellites Domestic Satellites Domestic Satellites 1 Domestic Satellites Domestic Satellites Domestic Satellites Domestic Satellites, ANJK Sat­ ellites 1133 Cayman Island Dominica Grenada Grenadines Mexico Montserrat Netherlands Antilles St. Kitts & Nevis St. Lucia St. Vincent Turks & Caicos Venezuela Private Cable System NPC PTAT-1 Aloha CANUS-1 Domestic Satellites Domestic Satellites Domestic Satellites Domestic Satellites Domestic Satellites, Morelos and Solidaridad Satellites Domestic Satellites Domestic Satellites Domestic Satellites Domestic Satellites Domestic Satellites Domestic Satellites Domestic Satellites APPENDIX F Capacity Foreign Point Requested To Be Served Three (3) E-1 Channels Japan Three (3) E-1 Channels U.K., Ireland, Bermuda Three (3) E-1 Channels Hawaii Three (3) E-1 Channels Canada