******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 97-1476 In the matter of) ) POLAR TELECOMMUNICATIONS, INC.) ) Application for authority to ) File No. I-T-C-97-283 construct and operate facilities) for service between the United) States and Canada.) ORDER, AUTHORIZATION AND CERTIFICATE Adopted: July 9, 1997 Released: July 16, 1997 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-97-283 IS GRANTED, and Polar Telecommunications, Inc. (Polar) is authorized to: a.construct and operate fiber optic cable facilities in North Dakota to the Canadian border near Pembina, North Dakota, connecting with facilities in Canada to be provided by the Manitoba Telephone Company; and b.use said facilities to provide regularly authorized services, including switched voice and data and private line services, between the United States and Canada. 3.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). 4.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. 5.IT IS FURTHER ORDERED that, to the extent the applicant originates these authorized services in the local exchange area of an affiliated incumbent local exchange carrier (ILEC), or otherwise provides "in-region" service, as these terms are defined in Regulatory Treatment of LEC Provision of Interexchange Services in the LEC's Local Exchange Area and Policy and Rules Concerning the Interstate, Interexchange Marketplace, Second Report and Order in CC Docket No. 96-149 and Third Report and Order in CC Docket No. 96-61, FCC 97-142 (released April 18, 1997), at paragraph 4, n. 13, recon., FCC 97- 229 (released June 27, 1997) (LEC Classification Order), it shall do so subject to the following conditions: (1) the applicant shall maintain separate books of account from the affiliated ILEC; (2) the applicant shall not jointly own any transmission or switching facilities with the affiliated ILEC; (3) the applicant shall take any tariffed services from the affiliated ILEC pursuant to the terms and conditions of the ILEC's generally applicable tariff; and (4) the applicant shall be treated as a nonregulated affiliate for purposes of local exchange carrier accounting under the Commission's joint cost and affiliate transactions rules as set forth in Parts 32 and 64 of the Commission's Rules. These interim conditions will continue to apply until the LEC Classification Order becomes effective, at which time these conditions will be superseded by the rules adopted in that order. 6. 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