NOTICE ***************************************************************** ******** NOTICE ***************************************************************** ******** This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554DA 96-1799 In the matter of) ) PACIFIC DIGI-TEL CORP0RATION) ) Application for authority to) File No. I-T-C-96-472 acquire and operate facilities) for service to Germany. ) ORDER AND AUTHORIZATION Adopted: October 31, 1996Released: November 1, 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, we find 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-96-472 IS GRANTED, and Pacific Digi-Tel Corporation (Pacific) is authorized to: a.acquire on an Indefeasible Right of User basis a one-half interest in and operate three E-1 circuits in the CANUS-1 Cable System; b.lease and operate connecting facilities between the CANUS-1 terminal in Manahawkin, New Jersey and Pacific's United States operating office; c.lease a one-half interest in and operate any necessary overseas connecting facilities; and d.use said facilities, in conjunction with previously authorized facilities in the CANTAT-III Cable System, to provide regularly authorized services, including switched voice and data and private line services, between the United States and Germany. 3. IT IS FURTHER ORDERED that our authorization of Pacific to provide private lines between the United States and Germany as part of its authorized services is limited to the provision of such private lines only between the United States and Germany -- that is, private lines which originate in the United States and terminate in Germany or which originate in Germany and terminate in the United States. In addition, Pacific may not -- and Pacific'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 Germany end, or both, for the provision of international switched basic services, unless authorized to do so by the Commission upon a finding that Germany affords resale opportunities equivalent to those available under U.S. law, in accordance with Foreign Carrier Entry Order, 11 FCC Rcd 3873 (1995). The limitations in this paragraph are subject to the exception contained in Section 63.18(e)(4)(ii) of the Commission's Rules, 47 C.F.R. 63.18(e)(4)(ii). 4.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 Rcd 8605 (1995). 5.IT IS FURTHER ORDERED that this authorization is issued subject to the terms and conditions of any license for the CANUS-1 cable system issued herein under the Act entitled "An Act relating to the landing and operation of submarine cables in the United States," 47 U.S.C.  34-39. 6.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. 7. 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