*Pages 1--2 from Microsoft Word - 15118* Federal Communications Commission DA 00- 82 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Stratos Mobile Networks (USA), LLC ) and ) Marine Satellite Services, Inc. ) ) Petition for Waiver of ) Section 20.15( d) of the ) Commission's Rules ) ) ) ORDER Adopted: January 14, 2000 Released: January 18, 2000 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On December 29, 1999, the Commercial Wireless Division released an order granting a petition for waiver of Section 20.15( d) of the Commission’s rules, 47 C. F. R. 20.15( d), to Stratos Mobile Networks (USA), LLC and Marine Satellite Services, Inc. (Stratos). 1 We now find that the decision granting Stratos’s petition for waiver relied upon two previous orders, the GTE Waiver Order and Iridium Waiver Order, 2 that are distinguishable. 2. As explained in the CMRS Forbearance Order, the Commission maintained its international tariff requirement on affiliated routes in order to detect and monitor anticompetitive price squeeze behavior. 3 In both the GTE Waiver Order and the Iridium Waiver Order, the 1 In the Matter of Stratos Mobile Networks (USA), LLC and Marine Satellite Services, Inc., Petition for Waiver of Section 20.15( d) of the Commission’s Rules, DA 99- 3017 (WTB rel. December 29, 1999). 2 In the Matter of GTE Airfone, Inc., Petition for Waiver of Section 20. 15( d) of the Commission’s Rules, 14 FCC Rcd. 7903 (Wireless Telecommunications Bureau, 1999) (GTE Waiver Order). See also In the Matter of Iridium, U. S., L. P., Motorola Cellular Service, Inc., and Motorola Worldwide Information Network Services, DA 99- 1688 (WTB rel. August 23, 1999) (Iridium Waiver Order). 3 In the Matter of Personal Communications Industry Association’s Broadband Personal Communications Services Alliance’s Petition for Forbearance for Broadband Personal Communications Services, WT Docket No. 98- 100, 13 FCC Rcd 16,857 (1998) (CMRS Forbearance Order). 1 Federal Communications Commission DA 00- 82 2 international rates of the petitioners were postalized. 4 In situations in which there are postalized rates, the international rate does not vary based upon the international route and does not vary based upon an affiliation with a foreign carrier. Therefore, with postalized rates, there is no potential for price squeeze behavior. Because Stratos’s petition does not indicate that its international rates for all international routes will be postalized, there is a possibility Stratos’s international rates could vary and we therefore determine that it is necessary to examine Stratos’s petition in more detail. In light of the foregoing, we have, on our own motion pursuant to Section 1.113 of the Commission’s rules, 47 C. F. R. § 1.113decided to reconsider the grant of the petition of waiver to Stratos. We therefore set aside the previous order in this matter, DA 99- 3017, and will act on Stratos’s petition for waiver in due course. 3. Accordingly, IT IS ORDERED that, pursuant to section 4( i) of the Communications Act of 1934, as amended, 47 U. S. C. § 154( i), and sections 0.331 and 1.113 of the Communication's rules, 47 C. F. R.§§ 0.331, 1.113, the Order in the above matter, DA 99- 3017 released December 29, 1999, is SET ASIDE. Federal Communications Commission William W. Kunze Deputy Chief Commercial Wireless Division Wireless Telecommunications Bureau 4 In the case of GTE Airfone and Iridium, all international rates were postalized, i. e. they were the same for all countries. These unique facts are not present with respect to Stratos’ petition. 2