FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,219
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facilities and settlement rates. The revised State Department guidance provides:
(a) The Commission should apply its International Settlements Policy and the appropriate
benchmark settlement rate with respect to proposals for the provision of telecommunications
services to Cuba; however, in implementing this recommendation, the Commission should be
prepared, to the extent necessary, to grant waivers reasonably limited in duration to enable
carriers within its jurisdiction to provide telecommunications service between the United
States and Cuba.
(b) The Commission should send applications for the provision of telecommunications services
between the United States and Cuba to the State Department for review. If the State
Department does not object within 30 days of receipt, the Commission should assume that the
State Department does not object to the grant of the application on foreign policy grounds."
6. On January 21, 2010, the International Bureau released a Public Notice with the 2010
State Department letter attached describing the process for continued coordination of applications filed
with the FCC to provide service to Cuba.' In order to implement the new guidance, the Bureau said that
it would process section 214 applications for the provision of services to Cuba on a non-streamlined basis
and coordinate with the State Department prior to action as provided in the 2010 State Department
letter.'3 In addition, the Bureau explained that the Commission would continue to apply the
Commission's ISP and the 1997 benchmarks policy to Cuba, and that U.S. carriers could request that the
Commission waive either policy for a limited duration based on unique circumstances.t4
B. Services to Cuba
7. History and Present Circumstances. In 1994, the Commission approved the applications
of six U.S. carriers to provide direct satellite telecommunications services, including both switched voice
and private line services, between the United States and Cuba.s In 1996, the Commission authorized
AT&T Corp. to provide direct telecommunications services between the United States and Cuba via
satellite facilities and an earth station in Cuba.'6 Then, in 1997, the Commission authorized Sprint
Communications Company L.P. to lease and operate one additional digital satellite circuit to provide
direct service between the United States and Cuba."
1" 2010 State Department Letter.
12 Modification of Process To Accept Applications for Service to Cuba and Related Matters, Public Notice, DA 10-
112, 25 FCC Red 436 (Int'l Bur. 2010) ("2010 Cuba PN").
Is See Memorandum Opinion, Order, Authorization & Certificate, File Nos: I-T-C-94-227, I-T-C-94-228, I-T-C-94-
229, I-T-C-94-247, and I-T-C-94-260, DA 94-1098, 9 FCC Red 5806 (Int'l Bur. 1994). The companies whose
applications were granted were WilTel International, Inc., MCI Telecommunications Corp., LDDS
Communications, Inc., Sprint Communications Company L.P. and IDB WorldCom Services, Inc. See also
Memorandum Opinion, Order and Authorization, File No. I-T-C-94-272, DA 94-863, 9 FCC Red 4037 (Int'l Bur.
1994) (authorizing Comsat Corporation to provide switched voice and private line services, on a direct basis,
between the United States and Cuba). These were the first applications to be granted for direct voice service to
Cuba after enactment of the CDA.
16 See Order and Authorization, File No. I-T-C-96-009, DA 96-518, 11 FCC Red 4149 (Int'l Bur. 1996).
17 See Order and Authorization, File No. ITC-214-19990316-00141, DA 99-903, 14 FCC Red 7659 (Int'l Bur.
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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/m1/391/: accessed April 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.