******************************************************** 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 In the Matter of ) MULTITECHNOLOGY SERVICES, L.P. ) ) Application for authority, pursuant to ) File No. ITC-98-009-TC Section 214 of the Communications Act of) 1934, as amended, to provide global resale services ) between the United States and overseas points and to ) transfer control of an authorized international carrier.) MEMORANDUM OPINION, ORDER AND AUTHORIZATION Adopted: February 27, 1998 Released: March 2, 1998 By the Chief, Telecommunications Division: 1. MultiTechnology Services, L.P. (MTS) and Cable Plus Holding Co. (Cable Plus), pursuant to Section 214 of the Communications Act of 1934, as amended, submitted the above-captioned application requesting authority for MTS to provide resold international communications services, and to transfer control of MTS to Cable Plus. The application was placed on public notice on January 9, 1998. No comments were received. 2. Cable Plus, a Washington corporation, does not hold any Section 214 authority. However, an affiliate of Cable Plus, Cable Plus Company, L.P., has been granted global resale authority. MTS, a Texas limited partnership, is requesting authority pursuant to Section 214 to provide resold international communications services. Cable Plus and MTS have agreed that pursuant to the requested transfer, MTS would become a wholly-owned subsidiary of Cable Plus. 3. Upon consideration of the application and in view of the foregoing, we conclude that grant of the instant application will serve the public interest, convenience and necessity. 4. Accordingly, IT IS ORDERED that the application of Cable Plus and MTS, File No. ITC-98-009-TC IS GRANTED, and: a. MTS is authorized to provide international switched and private line services by the resale of international switched and private line services of other authorized international carriers, pursuant to Section 63.18(e)(2) of the Commission's Rules, 47 U.S.C. 63.18(e)(2), and b. the transfer of control of MTS to Cable Plus is authorized. 5. IT IS FURTHER ORDERED that MTS may not -- and MTS' tariff must state that its customers may not -- connect their private lines to the public switched network at either the U.S. or foreign end, or both, for the provision of international switched basic services, unless the Commission has authorized the provision of such services. See 47 C.F.R. Sections 63.18(e)(2)(ii), (e)(3)-(4); 63.21(a). The limitations in this paragraph are subject to the exception that MTS may engage in "switched hubbing" consistent with Section 63.17(b) of the Commission's Rules. 6. IT IS FURTHER ORDERED that the applicant shall file annual circuit addition reports in accordance with the requirements set forth in 43.82 of the Commission's Rules and Rules for Filing of International Circuit Status Reports, CC Docket No. 93-157, Report and Order, 10 FCC Rcd 8605 (1995). 7. IT IS FURTHER ORDERED that grant of this application is subject to all the conditions set forth in Sections 63.15(b) and 63.21 of the Commission's Rules, 47 C.F.R. 63.15(b) and 63.21. 8. 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