10 FCC Red No. 24 Federal Communications Commission Record DA 95-2318 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AT&T CORP. Application for authority to modify its ownership of capacity in the TPC-5 Cable System. Application for authority to acquire and operate facilities in the APHRODITE 2 Cable System. File No. I-T-C-95-489 File No. I-T-C-95-491 ORDER AND AUTHORIZATION Adopted: October 31, 1995; Released: November 22, 1995 By the Chief, Telecommunications Division: 1. Upon consideration of the above-captioned uncontested applications, 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 applications File Nos. I-T-C-95-489 and I-T-C-95-491 ARE GRANTED, and AT&T Corp. (AT&T) is authorized to: a. modify its ownership in the TPC-5 Cable System, as reflected in Amendatory Agreement No. 1 to the TPC-5 Construction and Maintenance Agreement ("C&MA"), 1 effective May 16. 1995, as follows: Segments Original Half-MIUs 2 Proposed Whole MlUs Half-MIUs U.S. Hawaii Hawaii-Oua- m Guam-Japan Japan-U.S. U.S. -Guam Hawaii- Japan 0 1 0 403 212 6 504 1 0 433 158 6 Whole MlUs 504 b. acquire on an ownership basis a one-half interest in and operate 120 MAUOs in the APHRODITE 2 Cable System as follows: Owns half-interests with: CYTA(Cyprus) LMPT(Lebanon) BEZEQ(Israel)* No. of MAUOs 30 60 30 c. use the facilities in b, above, to provide AT&T's regularly authorized services between the United States, on the one hand, and Cyprus and Greece, on the other hand. 3. IT IS FURTHER ORDERED that neither AT&T nor any persons or companies directly or indirectly controlling or controlled by AT&T, or under direct or indirect com mon control with it, shall acquire or enjoy any right, for the purposes of handling or interchanging traffic to or from the United States, its territories or possessions, which is denied to any other United States carrier by reason of any concession, contract, understanding, or working ar rangement to which AT&T or any persons or companies controlling or controlled by AT&T are parties. 4. IT IS FURTHER ORDERED that our authorization of AT&T to provide private lines as part of its authorized services is limited to the provision of such private lines only between the United States and Cyprus or Greece -- that is, private lines which originate in the United States and terminate in Cyprus or Greece or which originate in Cyprus or Greece and terminate in the United States. In addition, AT&T may not -- and AT&T's tariff must state that its customers may not -- connect private lines provided over these facilities to the public switched network at ei ther the U.S. or foreign end, or both, for the provision of international switched basic services, unless authorized to do so by the Commission upon a finding that Cyprus or Greece affords resale opportunities equivalent to those available under U.S. law, in accordance with Regulation of International Accounting Rates, Phase II, First Report and Order, 1 FCC Red 559 (1991), Order, .on Reconsideration and Third Further Notice of Proposed-Rulemaking, FCC Red 7927 (1994), petition for reconsideration pending. 5. IT IS FURTHER ORDERED that the applicant shall file the annual reports of overseas telecommunications traf fic required by Section 43.61 of the Commission's Rules, 47 C.F.R. Section 43.61. 6. IT IS FURTHER ORDERED that the authority grant ed herein is subject to any action the Commission may take in its Notice of Proposed Rulemaking. IB Docket No. 95-22. 10 FCC Red 4844 (1995). 7. 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 Red 8605 (1995). 1 The revised capacity assignments are attached to this order. 1 A MIU is a unit designated as the minimum unit of invest ment in TPC-5 allowing the use of 2.048 Mbps (30 MAUOs) and the additional 420,471.43 bps required for multiplexing in each direction. A MAUO is a 64-kbps equivalent. J The capacity to be owned by Bezeq of Israel is now held by CYTA of Cyprus. This capacity will be transferred to Bezeq. 12657
Transcript
10 FCC Red No. 24 Federal Communications Commission Record DA 95-2318
Before theFederal Communications Commission
Washington, D.C. 20554
In the Matter of
AT&T CORP.
Application for authority to modify its ownership of capacity in the TPC-5 Cable System.
Application for authority to acquire and operate facilities in the APHRODITE 2 Cable System.
File No. I-T-C-95-489
File No. I-T-C-95-491
ORDER AND AUTHORIZATION
Adopted: October 31, 1995; Released: November 22, 1995
By the Chief, Telecommunications Division:
1. Upon consideration of the above-captioned uncontested applications, 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 applications File Nos. I-T-C-95-489 and I-T-C-95-491 ARE GRANTED, and AT&T Corp. (AT&T) is authorized to:
a. modify its ownership in the TPC-5 Cable System, as reflected in Amendatory Agreement No. 1 to the TPC-5 Construction and Maintenance Agreement ("C&MA"), 1 effective May 16. 1995, as follows:
Segments Original Half-MIUs2
Proposed Whole MlUs Half-MIUs
U.S. Hawaii Hawaii-Oua- m Guam-Japan Japan-U.S. U.S. -Guam Hawaii- Japan
0
1
0 403 212
6
504
1
0433158
6
Whole MlUs
504
b. acquire on an ownership basis a one-half interest in and operate 120 MAUOs in the APHRODITE 2 Cable System as follows:
Owns half-interests with:
CYTA(Cyprus)LMPT(Lebanon)BEZEQ(Israel)*
No. of MAUOs
306030
c. use the facilities in b, above, to provide AT&T's regularly authorized services between the United States, on the one hand, and Cyprus and Greece, on the other hand.
3. IT IS FURTHER ORDERED that neither AT&T nor any persons or companies directly or indirectly controlling or controlled by AT&T, or under direct or indirect com mon control with it, shall acquire or enjoy any right, for the purposes of handling or interchanging traffic to or from the United States, its territories or possessions, which is denied to any other United States carrier by reason of any concession, contract, understanding, or working ar rangement to which AT&T or any persons or companies controlling or controlled by AT&T are parties.
4. IT IS FURTHER ORDERED that our authorization of AT&T to provide private lines as part of its authorized services is limited to the provision of such private lines only between the United States and Cyprus or Greece -- that is, private lines which originate in the United States and terminate in Cyprus or Greece or which originate in Cyprus or Greece and terminate in the United States. In addition, AT&T may not -- and AT&T's tariff must state that its customers may not -- connect private lines provided over these facilities to the public switched network at ei ther the U.S. or foreign end, or both, for the provision of international switched basic services, unless authorized to do so by the Commission upon a finding that Cyprus or Greece affords resale opportunities equivalent to those available under U.S. law, in accordance with Regulation of International Accounting Rates, Phase II, First Report and Order, 1 FCC Red 559 (1991), Order, .on Reconsideration and Third Further Notice of Proposed-Rulemaking, FCC Red 7927 (1994), petition for reconsideration pending.
5. IT IS FURTHER ORDERED that the applicant shall file the annual reports of overseas telecommunications traf fic required by Section 43.61 of the Commission's Rules, 47 C.F.R. Section 43.61.
6. IT IS FURTHER ORDERED that the authority grant ed herein is subject to any action the Commission may take in its Notice of Proposed Rulemaking. IB Docket No. 95-22. 10 FCC Red 4844 (1995).
7. 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 Red 8605 (1995).
1 The revised capacity assignments are attached to this order. 1 A MIU is a unit designated as the minimum unit of invest ment in TPC-5 allowing the use of 2.048 Mbps (30 MAUOs) and the additional 420,471.43 bps required for multiplexing in each
direction. A MAUO is a 64-kbps equivalent.J The capacity to be owned by Bezeq of Israel is now held byCYTA of Cyprus. This capacity will be transferred to Bezeq.
12657
DA 95-2318 Federal Communications Commission Record 10 FCC Red NO. 24
8. This order is issued under Section 0.261 of the Com mission'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 the public notice of this order (see Section 1.4(b)(2)).
FEDERAL COMMUNICATIONS COMMISSION
Diane J. CornellChief, Telecommunications DivisionInternational Bureau
12658
SCHEDULE B
INVESTMENT SHARES AND VOTING INTERESTS IN THE TPC-5 CABLE NETWORK
NOTE 1: S«gm«nB T1 and T2 an ownad by AT&T and KDO mp«aiv*ly. Olhar Pmrtm hay* RU MarMl* in OWM ««gmanls as cpaeMad aee««.
NOTE 2: For purpaM* of this Agraamanl. TmmpaeMe shaP ba assignad at of tha AT&T Marwt* fei Via TPC-S CaMa Natwertt wMhin Japan. Including Us tanftortal watan.
MAY 16.1995
SCHEDULE E
ALLOCATION OF CAPITAL AND OPERATION AND MAINTENANCE COSTS OF SEGMENTS A, B. C. 0. E. F. G. H. I. J. T1. AND T2
Not* 1: Th* distant* in kilometers of the Paths have bMn determined based on the caMt length of V* shortest rout* between the respective pair o( in* Nodes for the purpose of calculating the MlU-kflometere of the PartMs. Th* distance of th* Tie-CaM* Segments w« be excluded In the calculation of me MlU-totometenj.
