FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,217
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
IConnect Wholesale, Inc., d/b/a TeleCuba ) IB Docket No. 10-95
Petition for Waiver of the International Settlements ) FCC File No. ISP-WAV-20100412-00007
Policy and Benchmark Rate for Facilities-Based )
Telecommunications Services with Cuba )
MEMORANDUM OPINION AND ORDER
Adopted: April 8, 2011 Released: April 8, 2011
By the Chief, International Bureau:
1. In this Memorandum Opinion and Order, we consider a petition filed by IConnect
Wholesale, Inc., d/b/a TeleCuba ("TeleCuba" or "Petitioner")' for a waiver of the International
Settlements Policy ("ISP")2 and a waiver of the benchmark rate applicable to Cuba under the
Commission's 1997 Benchmarks Order ("Benchmarks Order")3 for the purpose of reestablishing direct
communications services with Cuba. Specifically, TeleCuba requests that the Commission waive the ISP
and the applicable FCC benchmark rate ($0.19 per minute) for U.S. carrier settlements of telephone traffic
in order to pay the Cuban carrier, Empresa de Telecomunicaciones de Cuba S.A. ("ETECSA"), a $0.84
per minute settlement rate for a period of three years. Based on the record established in this proceeding,
we find that a grant of TeleCuba's unopposed request to waive the benchmark rate subject to conditions
specified below will serve the public interest, convenience, and necessity. We dismiss, without prejudice,
TeleCuba's request for a waiver of the ISP.
A. Authorization of Services to Cuba
2. Telecommunications services between the United States and Cuba have been subject to
historically unique circumstances, impacting the process by which the Commission has authorized
'Petition for Waiver of the International Settlements Policy and Benchmark Rate for Facilities-Based
Telecommunications Services with Cuba, ISP-WAV-20100412-00007 (filed Mar. 22, 2010) (Petition).
2 International Settlements Policy Reform: International Settlement Rates, IB Docket Nos. 02-234 and 96-21, First
Report and Order, 19 FCC Rcd 5709 (2004 ISP Reform Order). The ISP is a Commission policy applicable to
certain international routes that governs how U.S. carriers negotiate with foreign carriers for the exchange of
international traffic. See infra 16.
3 International Settlement Rates, IB Docket No. 96-261, Report and Order, FCC 97-280, 12 FCC Red 19806 (1997)
(Benchmarks Order). The Commission's Benchmark Order established benchmark rates for U.S.-intemational
routes that provide a ceiling on rates that U.S. carriers are permitted to pay foreign carriers for terminating traffic.
See infra 19.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/389/: accessed December 14, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.