FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,218
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services to Cuba. Commission authorization of services to Cuba has been coordinated with the U.S.
Department of State ("State Department") and other agencies to ensure consistency with U.S. policy with
respect to Cuba. Prior to 1993, this coordination of applications for service between the United States and
Cuba was on an ad hoc basis. In 1992, Congress passed the Cuban Democracy Act of 1992 ("CDA"),
which permits telecommunications services between the United States and Cuba and allows
telecommunications facilities to be authorized in such quantity and of such quality as may be necessary to
provide efficient and adequate telecommunications services between the two countries.4
3. After passage of the CDA, the Commission and the State Department coordinated more
formally on applications for service between the United States and Cuba. In 1993, the State Department
sent a letter to the Commission setting forth the Executive Branch's general policy guidelines for
implementing the telecommunications provisions of the CDA.5 That guidance provided for continued
coordination between the agencies of applications to provide services to Cuba, and placed restrictions on
facilities that could be used for direct service to Cuba and the rates U.S. carriers paid for termination of
traffic to Cuba. The 1993 guidelines permitted U.S. carriers to pay no more than $0.60 per minute to
terminate traffic in Cuba. The guidelines also asked the Commission to obtain State Department approval
prior to action upon applications. The FCC issued a Public Notice in 1993 announcing this guidance, and
thereafter acted upon applications based on State Department guidance.6
4. In 2009, the White House announced changes to U.S. policy regarding
telecommunications services with Cuba.7 The President directed the Secretaries of Treasury and
Commerce, in consultation with the Secretary of State, to increase the flow of information to the Cuban
people, including through greater telecommunications links.8 In September 2009, the Departments of
Treasury and Commerce published new regulations to implement the President's directive.9
5. On January 12, 2010, the State Department provided revised policy guidance to the
Commission regarding Commission review of proposals for telecommunications service between the
United States and Cuba.'0 The guidance replaces the 1993 guidance, eliminating previous restrictions on
4 22 U.S.C. S. 6001 et seq. (1992) ("Cuban Democracy Act" ("CDA")). Sec. 6004 (e) of the CDA covers
telecommunications services between the United States and Cuba.
s Letter from Richard C. Beaird, Acting U.S. Coordinator and Director for Bureau of International Communications
and Information Policy, U.S. Department of State, to James A. Quello, [Acting] FCC Chairman, dated July 22, 1993
("1993 State Department Letter"). The letter was made publicly available as an attachment to an FCC Public
Notice, FCC to Accept Applications for Service to Cuba, Public Notice, Report No. I-6831 (rel. July 27, 1993) (Int'l
7 See Memorandum for the Secretary of State, the Secretary of the Treasury, and the Secretary of Commerce;
Subject: Promoting Democracy and Human Rights in Cuba (available at http://www.whitehouse.gov/the-press-
office/mcmorandum-promoting-democracy-and-human-rights-cuba). See also Fact Sheet: Reaching Out to the
Cuban People (available at http://www.whitehouse.gov/the-press-office/fact-sheet-reaching-out-cuban-people).
9See Office of Foreign Assets Control, Cuban Assets Control Regulations, 74 Fed. Reg. 46000 (Sep. 8, 2009); see
also Bureau of Industry and Security, Cuba: Revisions to Gift Parcel and Baggage Restrictions, Creation of License
Exemption for Donated Consumer Communications Devices and Expansion of Licensing Policy Regarding
Telecommunications, 74 Fed. Reg. 45985 (Sep. 8, 2009).
'o Letter from Ambassador Philip Verveer, U.S. Coordinator for International Communications and Information
Policy, U.S. Department of State, to Julius Genachowski, FCC Chairman, dated January 12, 2010 ("2010 State
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/m1/390/: accessed May 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.