1. On February 12, 1991, the Federal Communications Commission (Commission), by its Common Carrier Bureau (Bureau), instituted an investigation into the provision of international telephone service from Florida to Cuba by Telecaribe Corporation (Telecaribe). Such investigation was concerned with apparent violations of the Communications Act and of the Commission's rules arising from the provision of such telephone service between February 4, 1991 and April 12, 1991 without authorization and without filing schedules of tariff charges with this Commission.

2. The Bureau's Enforcement Division has reached an agreement with Telecaribe and its former president, Ricardo Sablon, Jr., that would resolve this proceeding, the terms and conditions of which agreement are contained in the attached Consent Decree.

3. We have reviewed the terms of the Consent Decree and evaluated the circumstances of this case. We believe that the public interest would be served by approving the Consent Decree, the terms of which are hereby incorporated by reference.

TELECARIBE CORPORATION,

Hialeah, Florida, and
Ricardo Sablon, Jr.

Telecommunications Service to Cuba

CONSENT DECREE

File No. ENF-91-06

1. On February 12, 1991, the Federal Communications Commission (Commission), by its Common Carrier Bureau (Bureau), instituted an investigation into the provision of international telephone service from Florida to Cuba by Telecaribe Corporation (Telecaribe). Such investigation was concerned with apparent violations of Sections 214(a) and 203(c)2 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 214(a), 203(c), and of Sections 63.01 and 63.10(a) of the Commission's rules, 47 C.F.R. $$ 63.01, 63.10(a),3 arising from the provision of

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Section 214(a) provides, in pertinent part, as follows:

[n]o carrier shall undertake the construction of a new line or of an extension of any line, or shall acquire or operate any line, or extension thereof, or shall engage in transmission over or by means of such additional or extended line, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line....

Section 203(c) provides, in pertinent part, that no carrier shall engage or participate in foreign communication unless tariffed schedules have been filed and published in accordance with the

provisions of the Act and with the regulations made thereunder. Those regulations are contained in Part 61 of the Commission's rules. Section 61.1(c) of the rules provides as follows:

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[n]o carrier required to file tariffs may provide any interstate or foreign communication service until every tariff publication for such communication service is on file with the Commission and in effect.

Section 63.01 requires any person proposing to undertake any operation of any line for which authority is required under the provisions of Section 214 of the Act to request such authority by formal application and show, inter alia, how such proposed operation will serve the public interest.

Section 63.10(a) provides, in pertinent part, as follows: