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                                                    PUBLIC NOTICE

FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C.  20554                           News Media Information: (202) 418-0500
                                    Fax-On-Demand: (202) 418-2830
                                     Internet: http://www.fcc.gov
                                                      ftp.fcc.gov




Released:  January 30, 2001                                       
DA 01-188


 INTERNATIONAL BUREAU AND ENFORCEMENT BUREAU ANNOUNCE PROGRAM TO 
INCREASE COMPLIANCE WITH LICENSING REQUIREMENTS FOR CARRIERS THAT 
 PROVIDE INTERNATIONAL TELECOMMUNICATIONS SERVICES AND OPERATORS 
    OF INTERNATIONAL TELECOMMUNICATIONS FACILITIES PURSUANT TO 
 SECTION 214 OF THE COMMUNICATIONS ACT AND SECTIONS 34-39 OF THE 
               SUBMARINE CABLE LANDING LICENSE ACT
  1. The International Bureau has received a number of requests 
for nunc pro tunc approval of belatedly filed applications for 
authority to provide international telecommunications services 
under Section 214 of the Communications Act of 1934, as amended. 
1  The International Bureau also has received requests for nunc 
pro tunc approval of other belatedly filed applications; 
specifically, requests for authority to assign or transfer 
control of existing international Section 214 authorizations, and 
to assign or transfer control of common carrier and non-common 
carrier submarine cable landing licenses. These requests suggest 
that there may be some carriers providing international 
telecommunications services, or operators operating international 
telecommunications facilities, without proper authority.
  2. In light of this, and particularly in light of the fact that 
the Commission has streamlined its rules as competition in 
international markets has developed, the International Bureau is 
taking steps to ensure that international carriers and operators 
are in compliance with the rules and that its records regarding 
authorized carriers and operators are current and accurate.  
Timely filed applications and accurate records will serve the 
public interest and protect consumers by ensuring that the 
Commission has the information necessary to enforce its rules, 
regulations and policies governing carriers and operators that 
provide U.S. international service. Accordingly, the 
International Bureau is announcing the commencement of a 90-day 
period during which carriers are encouraged to apply for 
necessary authorizations.  The International Bureau does not 
expect to initiate enforcement action against these carriers and 
operators during this 90-day period.  At the end of the 90-day 
period, the International Bureau will refer cases of 
noncompliance to the Enforcement Bureau for appropriate 
enforcement action.
Authorization and Licensing Requirements
  3. The Commission's authorization and licensing requirements 
for carriers providing international telecommunications services 
and operators of international telecommunications facilities 
include the following:
     Section 214 Authorizations: Common carriers seeking to 
provide international telecommunications services or to 
construct, acquire, or operate international telecommunications 
facilities must seek from the Commission an authorization 
pursuant to Section 214 of the Communications Act.  In addition, 
Section 63.18 of the Commission's rules provides, in pertinent 
part, that:
     Except as otherwise provided in this part, any party 
     seeking authority pursuant to Section 214 of the 
     Communications Act of 1934, as amended, to construct a 
     new line, or acquire or operate any line, or engage in 
     transmission over or by means of such additional line 
     for the provision of common carrier telecommunications 
     services between the United States, its territories or 
     possessions, and a foreign point shall request such 
     authority by formal application which shall be 
     accompanied by a statement showing how the grant of the 
     application will serve the public interest, 
     convenience, and necessity.2  

The filing requirements of Section 63.18 apply to any entity  that 
seeks    to    initiate    the    provision    of    international 
telecommunications services either in its own name or through  one 
or   more   wholly-owned   direct   or   indirect   subsidiaries.3  
Alternatively, the  subsidiary may apply for  its own Section  214 
authorization prior  to initiating  service. Pursuant  to  section 
20.15(d)  of the  Commission's rules,  the requirement  to  obtain 
prior authorization to  provide international services applies  to 
carriers providing commercial mobile radio services (``CMRS''). 4
  4. Section 63.18 also applies to assignments and transfers of 
control of existing international Section 214 authorizations 
unless the assignment or transfer is a pro forma transaction 
covered by the provisions of Section 63.24.  A pro forma 
assignment or transfer is one that does not involve a substantial 
change in ownership or control.  In such a case, Section 63.24 of 
the Commission's rules provides, in pertinent part, that `` [a] 
pro forma assignee must notify the [C]ommission no later than 30 
days after the assignment is consummated.''5
  5. Submarine Cable Licenses: Carriers seeking to own or operate 
submarine cable facilities must file applications to obtain 
submarine cable landing licenses, including transfers of control 
or assignments of such licenses, or modifications of such 
licenses to add new licensees.  Applications must be filed 
pursuant to the Submarine Cable Landing License Act, 6 Executive 
Order No. 10530,7 and Section 1.767 of the Commission's Rules.8 
Process to Update International Bureau Records
  6. The International Bureau believes it is necessary for 
carriers to timely file for and receive proper authorizations and 
licenses and to be otherwise in compliance with all applicable 
rules and policies.  To that end, the International Bureau 
announces a 90-day period after which, pursuant to its authority 
under Sections 0.111 and 0.311 of the Commission's rules, it will 
refer to the Enforcement Bureau for appropriate enforcement 
action any carrier that is providing international 
telecommunications services or operator operating international 
telecommunications facilities without first receiving proper 
authorizations from the Commission under Section 214 of the 
Communications Act and Sections 34-39 of the Submarine Cable 
Landing License Act, respectively.  The Enforcement Bureau will 
take into account voluntary disclosure of misconduct in 
determining an appropriate sanction. The 90-day period will 
commence on the date of publication of this notice in the Federal 
Register.
  7. In addition, the Telecommunications Division of the 
International Bureau also takes this opportunity to advise 
carriers and operators that, commencing with the date of 
publication of this public notice in the Federal Register, it 
will be extremely reluctant to grant requests for nunc pro tunc 
approval of belatedly filed applications.  Such requests will be 
considered only in extraordinary circumstances.9  
  8. For further information about the processing of applications 
under this program, contact Rebecca Arbogast, Chief, 
Telecommunications Division, International Bureau, at 202-418-
1460 or Belinda Nixon, Telecommunications Division, International 
Bureau, at 202-418-1382 or e-mail at bnixon@fcc.gov.  


By the  Chief, Telecommunications  Division, International  Bureau 
and the  Chief, Investigations  & Hearings  Division,  Enforcement 
Bureau.
_________________________

1    47 U.S.C.  214.

2    47 C.F.R.  63.18.
3    Section 63.21(i) of the rules permits an authorized carrier 
to provide service through one or more wholly-owned subsidiaries, 
provided the authorized carrier notifies the Commission within 30 
days after the subsidiary initiates service. The notification 
must contain the information required by Section 63.21(i).  47 
C.F.R. 63.21(i).
4    CMRS carriers are exempt, however,  from certain tariffing 
requirements with respect to the provision of international 
services.  See 47 C.F.R.  20.15(d).
5    47 C.F.R.  63.24.  This section also provides a detailed 
definition of which kinds of transactions constitute a pro forma 
transfer or assignment.
6   An Act Relating to the Landing and Operation of Submarine 
Cables in the United States, 47 U.S.C.  34-39 ("Cable Landing 
License Act"). 
7    Exec. Order No. 10530, reprinted as amended in 3 U.S.C.A. 
301 app. at 459-60 (1994).
8    47 C.F.R.  1.767.
9      Cf.  Biennial Regulatory Review -- Amendment of Parts 0, 
1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the 
Commission's Rules to Facilitate the Development and Use of the 
Universal Licensing System in the Wireless Telecommunications 
Services, Memorandum Opinion and Order on Reconsideration, WT 
Docket No. 98-20, 14 FCC Rcd 11476, 11485  20-22 (1999).