FCC NEWS

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This is an unofficial announcement of Commission Action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 516 F 2d 385 (D.C. Circ 1974)

FOR IMMEDIATE RELEASE
January 13, 2000
News Media Contact:
Rosemary Kimball at (202) 418-0500.

FCC's ENFORCEMENT BUREAU PROPOSES $100,000 FINE AGAINST TELMEX USA FOR FAILURE TO PROVIDE LINES AND CIRCUITS TO COMPETITORS

Washington, D.C. -- Today, the Enforcement Bureau of the Federal Communications Commission (FCC) notified Telmex International Ventures USA, Inc. (Telmex USA) that it was apparently liable for a forfeiture of $100,000 for violating the conditions of its authorization to provide international telephone services in the United States. The Enforcement Bureau proposed a forfeiture of $100,000 and ordered that Telmex USA, within 30 days, either pay the forfeiture or show why the forfeiture should be reduced or not imposed.

This forfeiture is based upon information provided to the FCC's International Bureau which indicates that Telmex USA's parent, Télefonos de México, S.A. de C.V. (Telmex), has refused to provide private lines and circuits to competing carriers. Timely and nondiscriminatory provisioning of such facilities is a condition of the FCC authorization granted to Telmex USA. These private lines and circuits are essential facilities for many purposes, including the provision of end-to-end private line service between the United States and Mexico, a service of particular importance to large business customers of U.S. carriers.

Over the past three years, the FCC's International Bureau on several occasions has considered allegations that Telmex has engaged in anticompetitive conduct harmful to competition in the United States international common carrier services market. In approving Telmex USA's authorizations in 1998 and 1999, the International Bureau warned that if it found evidence of anticompetitive conduct by Telmex, it reserved the right to impose substantial forfeitures for failure to comply with the terms and conditions of the authorizations.

In the Notice of Apparent Liability, the Enforcement Bureau stated that it considered Telmex USA's continued failure to comply with a condition of its section 214 authorization and the underlying International Bureau order to be a very serious violation. Further, the Enforcement Bureau noted that the violations continued for over five months, to the detriment of U.S. carriers and consumers and in the wake of repeated directives from the International Bureau to resume providing the lines and circuits.

Action by the Chief, Enforcement Bureau, January 13, 2000, by Notice of Apparent Liability for Forfeiture (DA 00-57)

File No. EB-00-IH-0040

- FCC -

Enforcement Bureau Contact: John Winston at (202) 418-7450.
International Bureau Contact: Anna Gomez at (202) 418-0437.
TTY: (202) 418-2555.