[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23102]
[[Page Unknown]]
[Federal Register: September 19, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
[FCC 94-227]
International Call-Back Services
AGENCY: Federal Communications Commission.
ACTION: Notice of solicitation of public comments.
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SUMMARY: The Federal Communications Commission has expanded the scope
of the issues to be reconsidered in its grant of three applications for
authority to resell international switched services of other carriers
using a ``call-back'' configuration. The comments supporting an AT&T
petition for reconsideration in this proceeding raised issues involving
complex questions of international law, international comity and the
law of foreign countries, including the allegation that call-back
services employing an uncompleted call signaling configuration violate
international law. Therefore, the Commission is seeking additional
comments from the parties and members of the public on all of the
issues raised in the comments supporting AT&T's petition. The
Commission also is seeking the advice of the Department of State
regarding the issues of international law, international comity, and
the laws of foreign countries. Further, in order to augment the record
with respect to AT&T's assertion that uncompleted call signalling
violates the Federal wire fraud statute, the Commission will seek the
advice of the Department of Justice on this issue.
DATES: Comments are due October 14, 1994 and Reply Comments November
14, 1994.
FOR FURTHER INFORMATION CONTACT:
Troy F. Tanner, Attorney, Common Carrier Bureau, (202) 418-1470.
SUPPLEMENTARY INFORMATION:
In the matter of: VIA USA, Ltd. Telegroup, Inc.; Applications
for Authority Under Section 214 of the Communications Act of 1934,
as amended, to operate as International Resale Carriers.
[File Nos. I-T-C-93-031 I-T-C-93-050]
Discount Call International Co.; Application for Authority Under
Section 214 of the Communications Act, as amended.
[File No. I-T-C-93-054]
Order
Adopted: September 2, 1994.
Released: September 12, 1994.
By the Commission:
1. On May 11, 1994, the Commission granted the above-referenced
Section 214 applications of VIA USA, Ltd., Telegroup, Inc., and
Discount Call International Co. to resell international switched
services of other carriers using a ``call-back'' configuration.\1\ This
service allows a customer in a foreign country to use foreign
facilities to dial a telephone number in the United States and receive
dial tone at a switch at the reseller's U.S. location, which the
customer can then use to place a call via an outbound switched service
of a U.S. carrier. The calls originating at U.S. locations are billed
at U.S.-tariffed rates.
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\1\VIA USA, Ltd et al., 9 FCC Rcd 2288 (1994).
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2. AT&T petitioned to deny these applications alleging that this
service constitutes an unreasonable practice under Section 201 of the
Communications Act (``the Act'') and may constitute wire fraud. We
denied AT&T's petition.\2\ On June 10, 1994, AT&T filed a petition for
reconsideration asking us to find that uncompleted call signalling is
an unreasonable practice under Section 201(b) of the Act, is contrary
to the public interest standard of Section 214 of the Act, violates
Section 202(a) of the Act, and violates the Federal wire fraud statute,
18 U.S.C. 1343.\3\
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\2\See id.
\3\In order to develop a complete record on the issues raised by
AT&T's petition, we extended on our own motion for 30 days the time
for the filing of comments. ``Pleading Cycle Extended for Comments
on AT&T's Petition for Reconsideration of Commission Order
Authorizing Three International Resale Carriers Proposing to Provide
`Call-Back' Services,'' FCC Report No. I-6991 (released June 22,
1994) (hereinafter referred to as ``June 22 Public Notice'').
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3. We received comments in support of AT&T's petition from MCI
Telecommunications Corporation (MCI), Sprint Communication Company L.P.
(Sprint), and The Regional Technical Commission on Telecommunications
of Central America (COMTELCA) and the National Telecommunications
Institute of Panama (INTEL) (collectively referred to as COMTELCA/
INTEL). Oppositions to AT&T's petition were filed by VIA USA, Ltd. (VIA
USA), Telegroup, Inc. (Telegroup) and the Telecommunication Resellers
Association (TRA).
4. Both VIA USA and Telegroup filed motions to strike the comments
filed by MCI, Sprint and COMTELCA/INTEL. AT&T, MCI, Sprint and
COMTELCA/INTEL opposed the motions to strike the supporting comments.
VIA USA and Telegroup argue in their motions that the comments
supporting AT&T's petition are untimely, procedurally defective
requests for the Commission to reconsider its initial grant of Section
214 authority to the above-captioned applicants. In particular, VIA USA
and Telegroup state that Section 1.106(g) of the Commission's Rules
only contemplates the filing of ``oppositions'' to petitions for
reconsideration, not comments in support of such petitions. Further,
they state that, in addition to repeating and expounding upon AT&T's
arguments in its petition, the COMTELCA/INTEL comments raise new issues
relating to the legality of call-back services under international law
and the law of foreign countries. Alternatively, VIA USA and Telegroup
contend that, if we do not grant their motions to strike, we should
extend the reply period several months because COMTELCA/INTEL have
raised new arguments not previously raised by any party, which
significantly expand the scope of the proceeding.
5. The comments supporting AT&T's petition raise issues involving
complex questions of international law, international comity and the
law of foreign countries. In particular, COMTELCA/INTEL raise the
argument that call-back services employing an uncompleted call
signaling configuration violate international law, i.e. Article 1.5 and
3.3 of the International Telecommunications Union (ITU) Regulations.\4\
In addition, COMTELCA/INTEL's comments also claim that the applicants
may not offer uncompleted call signalling services except pursuant to
appropriate operating agreements with foreign telecommunications
administrations. Moreover, COMTELCA/INTEL have submitted evidence as to
the effect that our authorization of this service may have on
international comity.\5\
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\4\In the initial proceeding, the record did not address the
argument that the proposed call-back services violated international
law. See VIA USA, Ltd. et al., 9 FCC Rcd at 2292, n. 37.
\5\COMTELCA/INTEL further contend that there are other forms of
call-back services that raise similar issues under international law
and the law of foreign countries which the Commission did not
address in its initial decision. For instance, COMTELCA/INTEL
reference the ``hot line'' method whereby a U.S. reseller
continuously places calls to the telephone of a subscriber located
outside the United States. The called party's telephone has a
disconnected ringer. When the called party wants to access a U.S.
dial tone to place an international call to a U.S. location or
elsewhere, he or she simply picks up the receiver and ``answers''
one of several thousand continuous calls made to that particular
phone during the day and receives a dial tone at the reseller's U.S.
location. COMTELCA/INTEL assert that the international law and
public interest issues raised by this practice should be addressed
in this proceeding, or, alternatively, should be addressed in a
rulemaking proceeding that covers the full range of issues raised by
the proliferation of call-back methods used to provide U.S. dial
tone to foreign parties.
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6. We conclude that the issues raised in the comments supporting
AT&T's petition merit examination. Therefore, we will, on our own
motion, seek additional comment from the parties and members of the
public on all of the issues raised in the comments supporting AT&T's
petition.
7. Because we have decided on our own motion to expand the scope of
this reconsideration proceeding, we find that the motions to strike the
supporting comments of MCI, Sprint and COMTELCA/INTEL are moot. These
supporting comments address the issues which we will be examining, and
therefore will be made part of the record. We will, however, grant VIA
USA's and Telegroup's alternative request that we further extend the
period for filing comments. In addition, we will seek the advice of the
Department of State regarding the issues of international law,
international comity, and the laws of foreign countries. Further, in
order to augment the record with respect to AT&T's assertion that
uncompleted call signalling violates the federal wire fraud statute, we
also will seek the advice of the Department of Justice on this issue.
Finally, as noted above, because of the general importance of the
issues in this case, we will entertain additional comments from all
interested members of the public as well as from the parties to this
proceeding.
8. This Section 214 proceeding will continue to be conducted as a
non-restricted proceeding in which written and oral ex parte contacts
are permitted, but subject to disclosure. See 47 CFR Part 1206.
9. Accordingly, it is ordered that the comments of MCI, Sprint and
COMTELCA/INTEL are accepted into the record of this proceeding, and
Telegroup's and VIA USA's motions to strike the comments are dismissed
as moot.
10. It is further ordered that this proceeding is opened to the
general public and interested persons are invited to file comments on
any of the issues raised in AT&T's petition or the supporting comments
by October 14, 1994, and reply comments by November 14, 1994.
11. It is further ordered that the Secretary shall serve a copy of
this Order on each party to this proceeding by certified mail.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-23102 Filed 9-16-94; 8:45 am]
BILLING CODE 6712-01-M
