[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15724-15733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8757]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 61, and 63
[IB Docket No. 95-118, FCC 96-79]
Streamlining the International Section 214 Authorization Process
and Tariff Requirements
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: On February 29, 1996, the Federal Communications Commission
adopted rules to streamline the international Section 214 authorization
process and tariff requirements. The Commission anticipates that the
elimination of unnecessary and outdated administrative obligations on
carriers will enable them to compete in an evolving global
telecommunications market with greater speed and flexibility. These
rules will lower the barriers to entry, which will encourage more
applicants to enter the international market, ensuring more competition
and lower prices for international services to consumers.
EFFECTIVE DATE: Sec. 61.23(c) will become effective May 9, 1996. All
other regulations take effect either May 9, 1996 or upon approval by
the Office of Management and Budget (OMB), whichever occurs later. When
approval is received, the agency will publish a document announcing the
effective date.
FOR FURTHER INFORMATION CONTACT:
For further information on the Report and Order contact: Helene T.
Schrier, Attorney-Advisor, Policy and Facilities Branch,
Telecommunications Division, International Bureau, (202) 418-1470.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order adopted February 29, 1996, and released March 13, 1996 (FCC
96-79). The full text of this Report and Order is available for
inspection and copying during normal business hours in the FCC
Reference Center (Room 239), 1919 M Street NW., Washington, DC 20554.
The complete text of this Report and Order also may be purchased from
the Commission's copy contractor, International Transcription Service,
Inc., 2100 M Street NW., Suite 140, Washington, DC 20037, (202) 857-
3800.
Summary of Report and Order
1. In response to a Notice of Proposed Rulemaking (60 FR 37980
(July 25, 1995)), the Commission adopted new rules to streamline the
international Section 214 authorization process and tariff
requirements. The new rules will facilitate international carriers
entrance, expansion and exit from the market.
2. The Commission anticipates that the new rules will make entry to
the U.S. telecommunications market easier as a facilities-based
applicant will need only one authorization to serve virtually all
points in the world using U.S.-licensed facilities. A facilities-based
applicant with a foreign carrier affiliation, however, may obtain only
a limited global Section 214 authorization to provide service to
destination markets where the carrier's affiliate does not possess
market power.
[[Page 15725]]
3. Global authorizations will be streamlined processed. That is,
once the Commission reviews the applications to determine eligibility
for streamlined processing, the Commission will place them on public
notice as accepted for filing, and state whether they will be
streamlined or not. Petitions to deny streamlined applications must be
filed within 21 days. If streamlined applications are unopposed, they
will be deemed granted 35 days after the date of the initial public
notice of acceptance for filing, and the applicants may commence
operations on the 36th day. Shortly after the streamlined application
has been granted, we will issue a second public notice that will be
published in the FCC Record and will serve as the applicants' Section
214 authorization. The second public notice will list the applications
granted and restrictions, if any, on providing service to particular
countries and on the use of certain facilities. Applications that are
contested or require the International Bureau to make a determination
as to the degree of market power possessed by a foreign carrier
affiliate will not be eligible for streamlined processing. Such
applications will be acted upon by written order.
4. This global Section 214 authorization will be subject to an
exclusion list that the International Bureau will maintain identifying
countries or facilities for which there are restrictions. The
International Bureau will include the exclusion list as part of each
public notice listing granted streamlined applications, or in the case
of non-streamlined grants, in the granting order. And, the
International Bureau's Reference Center will maintain a copy of the
exclusion list.
5. To further ease entry into the U.S. international services
market, the Commission's new rules simplify and accelerate the Section
214 and cable landing license application process. The rules reduce the
amount of information previously required in applications for Section
214 authorization and cable landing licenses. Applicants will have the
option of filing international Section 214 applications on computer
diskettes but must still file a paper copy of their application.
Applications in foreign languages must be accompanied with a certified
translation in English. And, the Commission instructs the International
Bureau to determine the practicality of creating a standardized form
for filing Section 214 applications. In addition, the Commission will
make available to the public through the Internet and other sources
filing aids such as checklists, instruction sheets or sample Section
214 applications.
6. The new rules will eliminate several regulatory requirements
that delay carriers from expanding their services. First, authorized
resellers no longer will need to obtain additional authorizations to
resell services of carriers not identified in their initial
authorization. Resellers may resell services of any authorized carrier
except U.S. facilities-based affiliates that are regulated as dominant
on routes the reseller seeks to serve. If a reseller desires to resell
service of an affiliated underlying carrier that is regulated as
dominant on some routes and not on others, the reseller is now
authorized to resell that carrier's services on those routes on which
the underlying carrier is non-dominant. The reseller should file a
separate Section 214 application, however, to provide resale service on
routes where the underlying carrier is deemed dominant. Second,
carriers that are authorized to resell interconnected private lines for
switched services to a designated ``equivalent'' country no longer will
need to obtain separate Section 214 authority to serve additional
equivalent countries. Once that carrier receives the initial
authorization, the carrier automatically may resell private lines to
provide switched service to all countries that are determined by the
Commission, currently or subsequently, to provide equivalent resale
opportunities for U.S.-based carriers. This procedure also will be
available to facilities-based carriers that wish to provide switched
service over their authorized facilities-based private lines. The only
limit on this flexibility is for those facilities-based carriers or
resellers that have an affiliation with a dominant carrier in the
equivalent country. In such a case, carriers will file a separate
Section 214 application. Third, non-dominant U.S. international
carriers, and U.S. international carriers regulated as dominant for
reasons other than having foreign affiliations, may add circuits on
U.S.-licensed non-common carrier satellite or submarine cable systems
without obtaining additional authority. Dominant carriers will still
file a Section 214 application if they seek to add circuits on a non-
common carrier system to a point where they have an affiliate that
possesses market power.
7. The new rules also are designed to ease carriers' exit from the
market. Dominant carriers are now authorized to simply notify the
Commission when they convey submarine cable capacity to other carriers
instead of obtaining prior Section 214 authority. And, non-dominant
carriers will be allowed to provide 60, as opposed to 120, days' notice
to their customers before discontinuing service or retiring facilities.
8. The Report and Order streamlines the tariff requirements for
non-dominant international carriers by permitting them to file their
international tariffed rates on one day's notice instead of the current
14 days' notice. The Commission will apply the same relaxed form and
content requirements used for non-dominant domestic carriers, including
the filing of the tariffs on computer diskettes and the inclusion of a
brief cover letter.
9. Finally, the Commission invites the public to make suggestions
regarding what, if any, Section 214 authorization requirements it
should forbear from applying.
Administrative Matters
Paperwork Reduction Act
The Commission, as part of its continuing effort to reduce
paperwork burdens, will publish a separate document inviting the
general public and OMB to comment on the proposed information
collections contained in this Report and Order.
Final Regulatory Flexibility Analysis
Pursuant to section 603 of Title 5, United States Code, 5 U.S.C.
603, an initial Regulatory Flexibility Analysis was incorporated in the
Notice of Proposed Rule Making in IB Docket No. 95-118. Written
comments on the proposals in the Notice, including the Regulatory
Flexibility Analysis, were requested.
A. Need and Purpose of Rules
This Report and Order streamlines the international Section 214
authorization process and tariff requirements in order to greatly
lessen the regulatory burdens on applicants, authorized carriers, and
the Commission to enable them to operate more efficiently and respond
better to customers' needs in a timely manner. These rules allow
international carriers to enter and exit the market more quickly with
greater flexibility to meet the evolving needs of the global
telecommunications market.
B. Issues Raised by the Public in Response to the Initial Analysis
We received one comment in response to the Initial Regulatory
Flexibility Analysis. The America's Carriers Telecommunications
Association (ACTA) completely supported the initiatives of the
Commission in seeking to reduce unnecessary regulation and to
streamline the regulation required to serve the interests of the
public. ACTA
[[Page 15726]]
raised one area of concern as the Commission replaces traditional
regulatory controls in favor of competition to regulate the
marketplace. ACTA states that effective enforcement of the remaining
regulations, which is both prompt and effective, is critical to
survival of the smaller competitors in the industry. ACTA states that
present complaint and tariff processes favor the established carriers,
as does commercial arbitration and/or the Alternative Dispute
Resolution proceedings of the Commission. ACTA states that the
Commission should provide small competitors a fair, unbiased and
competent forum to air their grievances and to obtain justice.
C. Significant Alternatives Considered
We have attempted to balance all the commenters' concerns with our
public interest mandate under the Act in order to adopt a clear and
administratively feasible approach to processing international Section
214 applications and tariffs. Where we have removed regulations, we
have been careful to consider the implications on small businesses and
the industry in general. We have considered and addressed all of the
alternatives offered. We rejected proposals to streamline dominant
carrier regulations where we believed such action would hinder our
ability to regulate dominant carriers, and safeguard against market
power abuses.
Ordering Clauses
1. Accordingly, it is ordered, that Sec. 61.23(c) will become
effective May 9, 1996. All other regulations take effect either May 9,
1996 or upon approval by the Office of Management and Budget (OMB),
whichever occurs later. When approval is received, the agency will
publish a document announcing the effective date.
2. This action is taken pursuant to sections 4, 214, 219, 303(r)
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 154,
214, 219, 303(r) and 403.
3. It is further ordered that this proceeding is hereby terminated.
List of Subjects
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 61
Communications common carriers.
47 CFR Part 63
Communications common carriers.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 1, 61 and 63 of Title 47 of the Code of Federal Regulations
are amended as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise
noted.
2. Section 1.767 is amended by revising paragraph (a) and adding
new paragraphs (e) and (f) to read as follows:
Sec. 1.767 Cable landing licenses.
(a) Applications for cable landing licenses under 47 U.S.C. 34-39
and Executive Order No. 10530, dated May 10, 1954, should be filed in
duplicate and in accordance with the provisions of that Executive
Order. These applications should contain:
(1) The name, address and telephone number(s) of the applicant;
(2) The Government, State, or Territory under the laws of which
each corporate or partnership applicant is organized;
(3) The name, title, post office address, and telephone number of
the officer and any other contact point, such as legal counsel, to whom
correspondence concerning the application is to be addressed;
(4) A description of the submarine cable, including the type and
number of channels and the capacity thereof;
(5) A specific description of the cable landing location on the
shore of the United States and in foreign countries where the cable
will land (including a map). Applicants initially may file a general
geographic description of the landing points; however, grant of the
application will be conditioned on the Commission's final approval of a
more specific description of the landing points to be filed by the
applicant no later than 90 days prior to construction. The Commission
will give public notice of the filing of this description, and grant of
the license will be considered final if the Commission does not notify
the applicant otherwise in writing no later than 60 days after receipt
of the specific description of the landing points.
(6) A statement as to whether the cable will be operated on a
common carrier or non-common carrier basis, and if operation will be on
a non-common carrier basis, include the ownership information required
in Sec. 63.18 (e)(6) and (h) (1) through (2) of this chapter; and
(7) Any other information that may be necessary to enable the
Commission to act on their application.
* * * * *
(e) A separate application shall be filed with respect to each
individual cable system for which a license is requested, or for which
modification or amendment of a previous license is requested.
(f) Applicants shall disclose to any interested member of the
public, upon written request, accurate information concerning the
location and timing for the construction of a submarine cable system
authorized under this section. This disclosure shall be made within 30
days of receipt of the request.
PART 61--TARIFFS
1. The authority citation for part 61 continues to read as follows:
Authority: Secs. 1, 4(i), 4(j), 201-205, and 403 of the
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i),
154(j), 201-205, and 403, unless otherwise noted.
2. Section 61.20 is amended by revising its preceding centered
headings and paragraph (b) to read as follows:
General Rules
General Rules for Domestic and International Nondominant Carriers
Sec. 61.20 Method of filing publications.
* * * * *
(b)(1) In addition, for all tariff publications requiring fees as
set forth in part 1, subpart G of this chapter, issuing carriers must
submit the original of the cover letter (without attachments), FCC Form
159, and the appropriate fee to the Mellon Bank, Pittsburgh, PA at the
address set forth in Sec. 1.1105 of this chapter. Issuing carriers
should submit these fee materials on the same date as the submission in
paragraph (a) of this section.
(2) International carriers must certify in their original cover
letter that they are authorized under Section 214 of the Communications
Act of 1934, as amended, to provide service, and reference the FCC file
number of that authorization.
* * * * *
3. Section 61.21 is amended by revising paragraph (a) to read as
follows:
Sec. 61.21 Cover letters.
(a)(1) Except as specified in Sec. 61.32(b), all publications filed
with the Commission must be accompanied by a cover letter, 8.5 by 11
inches (21.6 cm x 27.9 cm) in size. All cover letters should briefly
explain the nature of the
[[Page 15727]]
filing and indicate the date and method of filing of the original cover
letter, as required by Sec. 61.20(b)(1).
(2) International carriers must certify that they are authorized
under Section 214 of the Communications Act of 1934, as amended, to
provide service, and reference the FCC file number of that
authorization.
* * * * *
4. Section 61.22 is amended by revising its preceding centered
headings and paragraphs (b) and (d) to read as follows:
Specific Rules for Domestic and International Nondominant Carriers
Sec. 61.22 Composition of tariffs.
* * * * *
(b) The tariff must contain the carrier's name, the international
Section 214 authorization FCC file number (when applicable), and the
information required by Section 203 of the Act.
* * * * *
(d) Domestic and international nondominant carriers subject to the
provisions of this section are not subject to the tariff filing
requirements of Sec. 61.54.
5. Section 61.23(c) is revised to read as follows:
Sec. 61.23 Notice requirements.
* * * * *
(c) Tariff filings of domestic and international non-dominant
carriers must be made on at least one-day notice.
PART 63--EXTENSION OF LINES AND DISCONTINUANCE, REDUCTION, OUTAGE
AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF
RECOGNIZED PRIVATE OPERATING AGENCY STATUS
1. The authority citation for Part 63 continues to read as follows:
Authority: Secs. 1, 4(i), 4(j), 201-205, 218, and 403 of the
Communications Act of 1934, as amended, and sec. 613 of the Cable
Communications Policy Act of 1984, 47 U.S.C. 151, 154(i), 15(j),
201-205, 218, 403, and 533 unless otherwise noted.
2. Section 63.01 is amended by removing paragraphs (k)(5) through
(k)(7), (r), (s) and Notes 1 through 4, and revising the section
heading and introductory text to read as follows:
Sec. 63.01 Contents of applications for domestic common carriers.
Except as otherwise provided in this part, any party proposing to
undertake any construction of a new line, extension of any line,
acquisition, lease, or operation of any line or extension thereof or
engage in transmission over or by means of such line, and such line
originates and terminates in the United States, for which authority is
required under the provisions of Section 214 of the Communications Act
of 1934, as amended, shall request such authority by formal application
which shall be accompanied by a statement showing how the proposed
construction, etc., will serve the public interest, convenience, and
necessity. Such statement must include the following information as
applicable:
* * * * *
3. Section 63.05 is amended by revising the section heading to read
as follows:
Sec. 63.05 Commencement and completion of construction for domestic
common carriers.
* * * * *
4. Section 63.10 is amended by revising the last sentence of
paragraphs (a) introductory text, (a)(3), and (a)(4), and (c)(3) to
read as follows:
Sec. 63.10 Regulatory classification of U.S. international carriers.
(a) * * * For purposes of paragraphs (a)(1) through (a)(3) of this
section, ``affiliation'' and ``foreign carrier'' are defined as set
forth in Sec. 63.18(h)(1) (i) and (ii), respectively.
* * * * *
(3) * * * Such a demonstration should address the factors that
relate to the scope or degree of the foreign affiliate's bottleneck
control, including those listed in Section Sec. 63.18(h)(8).
(4) * * * The existence of an affiliation with a U.S. facilities-
based international carrier shall be assessed in accordance with the
definition of affiliation contained in Sec. 63.18(h)(1)(i), except that
the phrase ``U.S. facilities-based international carrier'' shall be
substituted for the phrase ``foreign carrier.''
* * * * *
(c) * * *
(3) Obtain Commission approval pursuant to Sec. 63.18 before adding
or discontinuing circuits; and
* * * * *
5. Section 63.11 is amended by revising paragraphs (a) introductory
text, (a)(2), (c)(1) through (c)(3), (d), and the last sentence of
(e)(2) to read as follows:
Sec. 63.11 Notification by and prior approval for U.S. international
carriers that have or propose to acquire ten percent investments by,
and/or an affiliation with, a foreign carrier.
(a) Any carrier authorized to provide international communications
service under this part that, as of the effective date of this rule as
amended in IB Docket No. 95-22, is, or has an affiliation with, a
foreign carrier within the meaning of Sec. 63.18(h)(1)(i)(A) or
(h)(1)(i)(B), or that as of such date knows of an existing ten percent
or greater interest, whether direct or indirect, in the capital stock
of the authorized carrier by a foreign carrier, or that after the
effective date of this rule becomes affiliated with a foreign carrier
within the meaning of Sec. 63.18(h)(1)(i)(A), shall notify the
Commission within thirty days of the effective date of this rule or
within thirty days of the acquisition of the affiliation, whichever
occurs later. For purposes of this section, ``foreign carrier'' is
defined as set forth in Sec. 63.18(h)(1)(ii).
* * * * *
(2) Any carrier that has previously notified the Commission of an
affiliation with a foreign carrier, as defined by Sec. 63.18(h)(1)
immediately prior to the rule's amendment in IB Docket No. 95-22, need
not notify the Commission again of the same affiliation.
* * * * *
(c) ***
(1) The carrier also should specify, where applicable, those
countries named in paragraph (c) of this section for which it provides
a specified international communications service solely through the
resale of the international switched or private line services of U.S.
facilities-based carriers with which the resale carrier does not have
an affiliation. Such an affiliation is defined in Sec. 63.18(h)(1)(i),
except that the phrase ``U.S. facilities-based international carrier''
shall be substituted for the phrase ``foreign carrier.''
(2) The carrier shall also submit with its notification:
(i) The ownership information as required to be submitted pursuant
to Sec. 63.18(h)(2);
(ii) Where the carrier is authorized as a private line reseller on
a particular route for which it has an affiliation with a foreign
carrier, as defined in Sec. 63.18(h)(1)(i), a certification as required
to be submitted pursuant to Sec. 63.18(h)(4); and
(iii) A ``special concessions'' certification as required to be
submitted pursuant to Sec. 63.18(i).
(3) The carrier is responsible for the continuing accuracy of the
certifications provided under this section. Whenever the substance of
any certification provided under this section is no longer accurate,
the carrier shall as promptly as possible, and in any event within
thirty days, file with the Secretary in duplicate a corrected
certification referencing the
[[Page 15728]]
FCC File No. under which the original certification was provided,
except that the carrier shall immediately inform the Commission if at
any time the representations in the ``special concessions''
certification provided under paragraph (c)(2)(iii) of this section are
no longer true. See Sec. 63.18(i))(2). This information may be used by
the Commission to determine whether a change in regulatory status may
be warranted under Sec. 63.10.
(d) Unless the carrier notifying the Commission of a foreign
carrier affiliation under paragraph (a) of this section qualifies for
the presumption of non-dominant regulation pursuant to
Sec. 63.10(a)(4), it should submit the information specified in
Sec. 63.18(h)(8) to retain its non-dominant status on any affiliated
route.
(e) * * *
(2) * * * If notified that the acquisition raises a substantial and
material question, then the carrier shall not consummate the planned
investment until it has filed an application under Sec. 63.18 and
submitted the information specified under Sec. 63.18 (h) (6) or (7) as
applicable, and Sec. 63.18(h)(8), and the Commission has approved the
application by formal written order.
6. Section 63.12 is revised to read as follows:
Sec. 63.12 Streamlined processing of certain international facilities-
based and resale applications.
(a) Except as provided by paragraph (c) of this section, a complete
application seeking authorization under Sec. 63.18(e) (1) and (2) to
acquire facilities to provide international services shall be granted
by the Commission 35 days after the date of public notice listing the
application as accepted for filing.
(b) Issuance of public notice of the grant shall be deemed the
issuance of Sec. 214 certification to the applicant, which may commence
operation on the 36th day after the date of public notice listing the
application as accepted for filing, but only in accordance with the
operations proposed in its application and the rules, regulations, and
policies of the Commission.
(c) The streamlined processing procedures provided by paragraphs
(a) and (b) of this section shall not apply where:
(1) The applicant seeks authority under either Sec. 63.18(e)(1) for
global Sec. 214 authority to operate as a facilities-based carrier or
Sec. 63.18(e)(2) to resell international services, and the applicant
has an affiliation within the meaning of Sec. 63.18(h)(1)(i) with a
facilities-based foreign carrier in a destination market, and the
Commission has not yet made a determination as to whether that foreign
carrier possesses market power in that market; or
(2) The applicant has an affiliation within the meaning of
Sec. 63.18(h)(1)(i) with a dominant U.S. facilities-based carrier whose
international switched or private line services the applicant seeks
authority to resell (either directly or indirectly through the resale
of another reseller's services); or
(3) The applicant seeks authority under Sec. 63.18(e)(2) to resell
international private line services to a country for which the
Commission has not determined as of the date of public notice of the
application that equivalent resale opportunities exist between the
United States and the destination country; or
(4) The application is formally opposed within the meaning of
Sec. 1.1202(e) of this chapter; or
(5) The Commission has informed the applicant in writing, including
by public notice, within 28 days after the date of public notice
accepting the application for filing, that the application is not
eligible for streamlined processing under this section.
(d) Any complete application that is subject to paragraph (c) of
this section will be acted upon only by formal written order and
operation for which such authorization is sought may not commence
except in accordance with such order.
Note to paragraph (c): The term ``facilities-based carrier''
means one that holds an ownership, indefeasible-right-of-user, or
leasehold interest in bare capacity in an international facility,
regardless of whether the underlying facility is a common or non-
common carrier submarine cable, or an INTELSAT or separate satellite
system.
7. Sec. 63.13 is amended by revising the last sentence of
paragraphs (a)(3) and (a)(5), and revising (a)(4) to read as follows:
Sec. 63.13 Streamlined procedures for modifying regulatory
classification of U.S. international carriers from dominant to non-
dominant.
* * * * *
(a) * * *
(3) * * * For purposes of this paragraph, ``telecommunications
facilities'' are defined as in Sec. 63.18(h)(4).
(4) Any carrier filing a certified list pursuant to paragraph
(a)(2) of this section must also provide the ``special concessions''
certification as required to be submitted pursuant to Sec. 63.18(i).
(5) * * * See Sec. 63.18(i)(2).
* * * * *
8. Section 63.14 is revised to read as follows:
Sec. 63.14 Prohibition on agreeing to accept special concessions.
Any carrier authorized to provide international communications
service under this part shall be prohibited from agreeing to accept
special concessions directly or indirectly from any foreign carrier or
administration with respect to traffic or revenue flows between the
United States and any foreign country served under the authority of
this part and from agreeing to enter into such agreements in the
future. For purposes of this section, ``foreign carrier'' is defined as
in Sec. 63.18(h)(1)(ii) and ``special concession'' is defined as in
Sec. 63.18(i).
9. Section 63.15 is amended by removing paragraph (c) and revising
the section heading and paragraph (a) to read as follows:
Sec. 63.15 Special procedures for international service providers.
(a) Any party seeking to construct, acquire or operate lines in any
new major common carrier facility project or non-U.S. licensed
satellite or cable system for the provision of international common
carrier services shall file an application pursuant to
Sec. 63.18(e)(6). If a carrier has global Section 214 authority
pursuant to the provisions of Sec. 63.18(e)(1), and the carrier desires
to use non-U.S. licensed facilities pursuant to the provisions of
Sec. 63.18(e)(1)(ii)(B), this filing requirement does not apply.
* * * * *
10. Section 63.17 is amended by revising paragraphs (b),
introductory text, and (b)(4) to read as follows:
Sec. 63.17 Special provisions for U.S. international common carriers.
* * * * *
(b) Except as provided in paragraph (b)(5) of this section, a U.S.
common carrier, whether a reseller or facilities-based, may engage in
``switched hubbing'' to countries not found to offer equivalent resale
opportunities under Sec. 63.18(e) (3) and (4) under the following
conditions:
* * * * *
(4) No U.S. common carrier may engage in switched hubbing under
this section to a country where it has an affiliation with a foreign
carrier unless and until it receives specific authority to do so under
Sec. 63.18. For purposes of this paragraph, ``affiliation'' and
``foreign carrier'' are defined in Sec. 63.18(h)(1) (i)(B) and (ii),
respectively.
11. New Sec. 63.18 is added to read as follows:
[[Page 15729]]
Sec. 63.18 Contents of applications for international common carriers.
Except as otherwise provided in this part, any party seeking
authority pursuant to Section 214 of the Communications Act of 1934, as
amended, to construct a new line, or acquire or operate any line, or
engage in transmission over or by means of such additional line for the
provision of common carrier communications services between the United
States, its territories or possessions, and a foreign point shall
request such authority by formal application which shall be accompanied
by a statement showing how the grant of the application will serve the
public interest, convenience, and necessity. Such statement shall
consist of the following information, as applicable:
(a) The name, address, and telephone number of each applicant;
(b) The Government, State, or Territory under the laws of which
each corporate or partnership applicant is organized;
(c) The name, title, post office address, and telephone number of
the officer and any other contact point, such as legal counsel, to whom
correspondence concerning the application is to be addressed;
(d) A statement as to whether the applicant has previously received
authority under Section 214 of the Act and, if so, a general
description of the categories of facilities and services authorized
(i.e., authorized to provide international switched services on a
facilities basis);
(e) One or more of the following statements, as pertinent:
(1) If applying for authority to acquire interests in facilities
previously authorized by the Commission in order to provide
international basic switched, private line, data, television and
business services to all international points, the applicant shall:
(i) State that it is requesting Section 214 authority to operate as
a facilities-based carrier pursuant to the terms and conditions of
paragraph (e)(1) of this section.
(ii) Comply with the following terms and conditions:
(A) Authority to provide services to all international points under
this part extends only to those countries for which the applicant
qualifies for non-dominant regulation as set forth in Sec. 63.10. If an
applicant is affiliated with a facilities-based foreign carrier in a
destination market and the Commission has not determined that the
foreign carrier does not possess market power in that market, the
applicant shall not commence service on any such route unless and until
it receives specific authority to do so under paragraph (e)(6) of this
section. If an applicant becomes dominant on a particular route after
receiving authority under this section, the terms and conditions of
Sec. 63.10(c) will apply to its provision of services on the dominant
route. An applicant should file separately under Section 63.18(e)(6) to
provide service on routes on which it may not qualify for regulation as
a non-dominant carrier.
(B) The applicant may only provide service using half-circuits on
appropriately licensed U.S. common and non-common carrier facilities
(either under Title III of the Communications Act of 1934, as amended,
or the Submarine Cable Landing License Act, 47 U.S.C. 34 et. al.)
provided that these facilities do not appear on an exclusion list
published by the Commission and any necessary overseas connecting
facilities. Applicants may not use non-U.S. licensed facilities unless
and until the Commission specifically approves their use and so
indicates on the exclusion list, and only then for service to the
countries indicated thereon.
(C) The applicant may provide service to any country not included
on an exclusion list published by the Commission.
(D) The applicant may provide international basic switched, private
line, data, television and business services.
(E) The authority granted under this paragraph shall be subject to
all Commission rules and regulations and any conditions stated in the
Commission's public notice or order that serves as the applicant's
Section 214 certificate. See Sec. 63.12.
(2) If applying for authority to resell the international services
of authorized U.S. common carriers for the provision of international
basic switched, private line, data, television and business services to
all international points, the applicant shall:
(i) State that it is requesting Section 214 authority to operate as
a resale carrier pursuant to the terms and conditions of
Sec. 63.18(e)(2).
(ii) Comply with the following the terms and conditions:
(A) The applicant may resell the international services of any
authorized common carrier, except affiliated carriers regulated as
dominant on the route to be served, pursuant to that carrier's tariff
or contract duly filed with the Commission, for the provision of
international basic switched, private line, data, television and
business services to all international points;
(B) The applicant may resell private line services for the
provision of international basic switched services only to countries
found by the Commission to provide equivalent resale opportunities,
except in circumstances where the applicant is affiliated with a
facilities-based foreign carrier in a destination market and the
Commission has not determined that the foreign carrier does not possess
market power in that market. In such circumstances, the applicant shall
not commence service on any such route unless and until it receives
specific authority to do so under paragraph (e)(6) of this section. The
Commission will provide public notice of its determinations.
(C) The authority granted under this paragraph shall be subject to
all Commission rules and regulations and any conditions stated in the
Commission's public notice or order that serves as the applicant's
Section 214 certificate. See Sec. 63.12.
(3) If applying for authority to resell private lines for the
purpose of providing international basic switched services to countries
not on the Commission's published list of equivalent countries,
applicant shall demonstrate for each country to which it seeks to
provide service that that country affords resale opportunities
equivalent to those available under U.S. law. In this regard, applicant
shall:
(i) Include evidence demonstrating that equivalent resale
opportunities exist between the United States and the subject country,
including any relevant bilateral agreements between the administrations
involved. Parties must demonstrate that the foreign country at the
other end of the private line provides U.S.-based carriers with:
(A) The legal right to resell international private lines,
interconnected at both ends, for the provision of switched services;
(B) Nondiscriminatory charges, terms and conditions for
interconnection to foreign domestic carrier facilities for termination
and origination of international services, with adequate means of
enforcement;
(C) Competitive safeguards to protect against anticompetitive and
discriminatory practices affecting private line resale; and
(D) Fair and transparent regulatory procedures, including
separation between the regulator and operator of international
facilities-based services.
(ii) The procedures set forth in paragraph (e)(3) of this section
are subject to Commission policies on resale of international private
lines in CC
[[Page 15730]]
Docket No. 90-337 as amended in IB Docket No. 95-22.
(4) Any carrier authorized under this section to acquire and
operate international private line facilities other than through resale
may use those private lines to provide switched basic services to
countries found by the Commission to provide equivalent resale
opportunities except in circumstances where the applicant is affiliated
with a facilities-based foreign carrier in the country at the foreign
end of the private line, and the Commission has not determined that the
foreign carrier does not possess market power in that market. In such
circumstances, the applicant shall not commence service on such route
unless and until it receives specific authority to do so under
paragraph (e)(6) of this section. The Commission will provide public
notice of its equivalency findings. The applicant is subject to all
applicable Commission rules and regulations and any conditions stated
in the Commission's public notice or order that serves as the
applicant's Section 214 certificate. See Sec. 63.12.
(i) Except as provided in paragraph (e)(4)(ii) of this section, any
carrier that seeks to provide switched basic services over its
authorized private line facilities to countries not identified in the
Commission's published list of equivalent countries shall, for each
country for which it seeks to provide switched basic service over its
authorized private lines facilities, request such authority by formal
application. Such application shall be accompanied by a demonstration
that country affords resale opportunities equivalent to those available
under U.S. law. In this regard, applicant shall include the information
required by paragraph (e)(3) of this section.
(ii) No formal application is required under paragraph (e)(4) of
this section in circumstances where the carrier's previously authorized
private line facility is interconnected to the public switched network
only on one end--either the U.S. or the foreign end--and where the
carrier is not operating the facility in correspondence with a carrier
that directly or indirectly owns the private line facility in the
foreign country at the other end of the private line.
(5) If applying for authority to acquire facilities through the
transfer of control of a common carrier holding international Section
214 authorization, or through the assignment of another carrier's
existing authorization, the applicant shall complete paragraphs (a)
through (d) of this section for both the transferor/assignor and the
transferee/assignee. Paragraph (g) of this section is not applicable,
and only the transferee/assignee needs to complete paragraphs (i) and
(j) of this section. At the beginning of the application, the applicant
should also include a narrative of the means by which the transfer or
assignment will take place. The Commission reserves the right to
request additional information as to the particulars of the transaction
to aid it in making its public interest determination.
(6) If applying for authority to acquire facilities or to provide
services not covered by Sec. 63.18(e) (1) through (5), the applicant
shall provide a description of the facilities and services for which it
seeks authorization. Such description also shall include any additional
information the Commission shall have specified previously in an order,
public notice or other official action as necessary for authorization.
Applicants for new submarine cable facilities also shall include a list
of the proposed owners of the cable, their voting interests and
ownership interests by segment in the cable.
(f) Applicants may apply for any or all of the authority provided
for in paragraph (e) of this section in the same application. The
applicant may want to file separate applications for those services not
subject to streamlined processing under Sec. 63.12.
(g) Where the applicant is seeking facilities-based authority under
paragraph (e)(6) of this section, a statement whether an authorization
of the facilities is categorically excluded as defined by Sec. 1.1306
of this chapter. If answered affirmatively, an environmental assessment
as described in Sec. 1.1311 of this chapter need not be filed with the
application.
(h) A certification as to whether or not the applicant is, or has
an affiliation with, a foreign carrier.
(1) The certification shall state with specificity each foreign
country in which the applicant is, or has an affiliation with, a
foreign carrier. For purposes of this certification:
(i) Affiliation is defined to include:
(A) A greater than 25 percent ownership of capital stock, or
controlling interest at any level, by the applicant, or by any entity
that directly or indirectly controls or is controlled by it, or that is
under direct or indirect common control with it, in a foreign carrier
or in any entity that directly or indirectly controls a foreign
carrier; or
(B) A greater than 25 percent ownership of capital stock, or
controlling interest at any level, in the applicant by a foreign
carrier, or by any entity that directly or indirectly controls or is
controlled by a foreign carrier, or that is under direct or indirect
common control with a foreign carrier; or by two or more foreign
carriers investing in the applicant in the same manner in circumstances
where the foreign carriers are parties to, or the beneficiaries of, a
contractual relation (e.g., a joint venture or market alliance)
affecting the provision or marketing of basic international
telecommunications services in the United States. A U.S. carrier also
will be considered to be affiliated with a foreign carrier where the
foreign carrier controls, is controlled by, or is under common control
with a second foreign carrier already found to be affiliated with that
U.S. carrier under this section.
(ii) Foreign carrier is defined as any entity that is authorized
within a foreign country to engage in the provision of international
telecommunications services offered to the public in that country
within the meaning of the International Telecommunication Regulations,
see Final Acts of the World Administrative Telegraph and Telephone
Conference, Melbourne, 1988 (WATTC-88), Art. 1, which includes entities
authorized to engage in the provision of domestic telecommunications
services if such carriers have the ability to originate or terminate
telecommunications services to of from points outside their country.
(2) In support of the required certification, each applicant shall
also provide the name, address, citizenship and principal businesses of
its ten percent or greater direct and indirect shareholders or other
equity holders and identify any interlocking directorates.
(3) Each applicant that proposes to acquire facilities through the
resale of the international switched or private line services of
another U.S. carrier shall additionally certify as to whether or not
the applicant has an affiliation with the U.S. carrier(s) whose
facilities-based service(s) the applicant proposes to resell (either
directly or indirectly through the resale of another reseller's
service). For purposes of this paragraph, affiliation is defined as in
paragraph (h)(1)(i) of this section, except that the phrase ``U.S.
facilities-based international carrier'' shall be substituted for the
phrase ``foreign carrier.''
(4) Each applicant that certifies under this section that it has an
affiliation with a foreign carrier and that proposes to resell the
international private line services of another U.S. carrier shall
additionally certify as to whether the affiliated foreign carrier owns
or controls telecommunications facilities in the particular
country(ies) to which
[[Page 15731]]
the applicant proposes to provide service (i.e., the destination
country(ies)). For purposes of this paragraph, telecommunications
facilities are defined as the underlying telecommunications transport
means, including intercity and local access facilities, used by a
foreign carrier to provide international telecommunications services
offered to the public.
(5) Each applicant and carrier authorized to provide international
communications service under this part is responsible for the
continuing accuracy of the certifications required by paragraphs (h)
(3) and (4) of this section. Whenever the substance of any such
certification is no longer accurate, the applicant/carrier shall as
promptly as possible and in any event within thirty days file with the
Secretary in duplicate a corrected certification referencing the FCC
File No. under which the original certification was provided. This
information may be used by the Commission to determine whether a change
in regulatory status may be warranted under Sec. 63.10.
(6) Each applicant that certifies that it is, or that it has an
affiliation with, a foreign carrier, as defined in paragraphs (h)(1)
(i)(B) and (ii) of this section, respectively, in a named foreign
country and that seeks to operate as a U.S. facilities-based
international carrier to that country from the United States shall
provide information in its application filed under this part to
demonstrate that either:
(i) The named foreign country (i.e., the destination foreign
country) provides effective competitive opportunities to U.S. carriers
to compete in that country's international facilities-based market; or
(ii) Its affiliated foreign carrier does not have the ability to
discriminate against unaffiliated U.S. international carriers through
control of bottleneck services or facilities in the destination
country.
(A) The demonstration specified in paragraph (h)(6)(i) of this
section should address the following factors:
(1) The legal ability of U.S. carriers to enter the foreign market
and provide facilities-based international services, in particular
international message telephone service (IMTS);
(2) Whether there exist reasonable and nondiscriminatory charges,
terms and conditions for interconnection to a foreign carrier's
domestic facilities for termination and origination of international
services;
(3) Whether competitive safeguards exist in the foreign country to
protect against anticompetitive practices, including safeguards such
as:
(i) Existence of cost-allocation rules in the foreign country to
prevent cross-subsidization;
(ii) Timely and nondiscriminatory disclosure of technical
information needed to use, or interconnect with, carriers' facilities;
and
(iii) Protection of carrier and customer proprietary information;
(4) Whether there is an effective regulatory framework in the
foreign country to develop, implement and enforce legal requirements,
interconnection arrangements and other safeguards; and
(5) Any other factors the applicant deems relevant to its
demonstration.
(B) The demonstration specified in paragraph (h)(6)(ii) of this
section should include the same information requested by paragraph
(h)(8) of this section.
(7) Each applicant that certifies that it is, or that it has an
affiliation with, a foreign carrier, as defined in paragraph (h)(1)
(i)(B) and (ii) of this section, respectively, in a named foreign
country and that proposes to resell the international switched or non-
interconnected private line services, respectively, of another U.S.
carrier for the purpose of providing international communications
services to the named foreign country from the United States shall
provide information in its application filed under this part to
demonstrate that either:
(i) The named foreign country (i.e., the destination foreign
country) provides effective competitive opportunities to U.S. carriers
to resell international switched or non-interconnected private line
services, respectively; or
(ii) Its affiliated foreign carrier does not have the ability to
discriminate against unaffiliated U.S. international carriers through
control of bottleneck services or facilities in the destination
country.
(A) The demonstration specified in paragraph (h)(7)(i) of this
section should address the following factors:
(1) The legal ability of U.S. carriers to enter the foreign market
and provide resold international switched services (for switched resale
applications) or non-interconnected private line services (for non-
interconnected private line resale applications);
(2) Whether there exist reasonable and nondiscriminatory charges,
terms and conditions for the provision of the relevant resale service;
(3) Whether competitive safeguards exist in the foreign country to
protect against anticompetitive practices, including safeguards such
as:
(i) Existence of cost-allocation rules in the foreign country to
prevent cross-subsidization;
(ii) Timely and nondiscriminatory disclosure of technical
information needed to use, or interconnect with, carriers' facilities;
and
(iii) Protection of carrier and customer proprietary information;
(4) Whether there is an effective regulatory framework in the
foreign country to develop, implement and enforce legal requirements,
interconnection arrangements and other safeguards; and
(5) Any other factors the applicant deems relevant to its
demonstration.
(B) The demonstration specified in paragraph (h)(7)(ii) of this
section should include the same information requested in paragraph
(h)(8) of this section.
(8) Each applicant that certifies that it has an affiliation with a
foreign carrier in a named foreign country and that desires to be
regulated as non-dominant for the provision of international
communications service to that country may provide information in its
application filed under this part to demonstrate that its affiliated
foreign carrier does not have the ability to discriminate against
unaffiliated U.S. international carriers through control of bottleneck
services or facilities in the named foreign country. See Sec. 63.10,
Regulatory Classification of U.S. International Carriers.
(i) Such a demonstration should address the factors that relate to
the scope or degree of the foreign affiliate's bottleneck control, such
as:
(A) The monopoly, duopoly, or oligopoly status of the destination
country; and
(B) Whether the foreign affiliate has the potential to discriminate
against unaffiliated U.S. international carriers through such means as
preferential operating agreements, preferential routing of traffic,
exclusive or more favorable transiting agreements, or preferential
domestic access and interconnection arrangements.
(ii) Such a demonstration may also address other factors the
applicant deems relevant, such as the effectiveness of regulation in
the destination country.
(i) Each applicant shall certify that the applicant has not agreed
to accept special concessions directly or indirectly from any foreign
carrier or administration with respect to traffic or revenue flows
between the U.S. and any foreign country which the applicant may serve
under the authority granted
[[Page 15732]]
under this part and will not enter into such agreements in the future.
(1) For purposes of paragraph (i) of this section, and of
Secs. 63.11(c)(2)(iii), 63.13(a)(4), and 63.14, special concession is
defined as any arrangement that affects traffic or revenue flows to or
from the United States that is offered exclusively by a foreign carrier
or administration to a particular U.S. international carrier and not
also to similarly situated U.S. international carriers authorized to
serve a particular route.
(2) The special concessions certification required by paragraph (i)
of this section and by Secs. 63.11(c)(2)(iii) and 63.13(a)(4) shall be
viewed as an ongoing representation to the Commission, and applicants/
carriers shall immediately inform the Commission if at any time the
representations in their certifications are no longer true. Failure to
so inform the Commission will be deemed a material misrepresentation to
the Commission.
(j) A certification pursuant to Secs. 1.2001 through 1.2003 of this
chapter that no party to the application is subject to a denial of
Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of
1988. See 21 U.S.C. 853a.
Note 1 to paragraph (h): The word ``control'' as used in this
section is not limited to majority stock ownership, but includes
actual working control in whatever manner exercised.
Note 2 to paragraph (h): The term ``facilities-based carrier''
as used in this section means one that holds an ownership,
indefeasible-right-of-user, or leasehold interest in bare capacity
in an international facility, regardless of whether the underlying
facility is a common or non-common carrier submarine cable, or an
INTELSAT or separate satellite system.
Note 3 to paragraph (h): The assessment of ``capital stock''
ownership will be made under the standards developed in Commission
case law for determining such ownership. See, e.g., Fox Television
Stations, Inc., 10 FCC Rcd 8452 (1995). ``Capital stock'' includes
all forms of equity ownership, including partnership interests.
Note 4 to paragraph (h): Ownership and other interests in U.S.
and foreign carriers will be attributed to their holders and deemed
cognizable pursuant to the following criteria: Attribution of
ownership interests in a carrier that are held indirectly by any
party through one or more intervening corporations will be
determined by successive multiplication of the ownership percentages
for each link in the vertical ownership chain and application of the
relevant attribution benchmark to the resulting product, except that
wherever the ownership percentage for any link in the chain exceeds
50 percent, it shall not be included for purposes of this
multiplication. For example, if A owns 30 percent of company X,
which owns 60 percent of company Y, which owns 26 percent of
``carrier,'' then X's interest in ``carrier'' would be 26 percent
(the same as Y's interest because X's interest in Y exceeds 50
percent), and A's interest in ``carrier'' would be 7.8 percent (0.30
x 0.26). Under the 25 percent attribution benchmark, X's interest in
``carrier'' would be cognizable, while A's interest would not be
cognizable.
12. A new Sec. 63.19 is added to read as follows:
Sec. 63.19 Special procedures for discontinuances of international
services.
(a) Any non-dominant international carrier as this term is defined
in Sec. 63.10 that seeks to discontinue, reduce or impair service,
including the retiring of international facilities, dismantling or
removing of international trunk lines, shall be subject to the
following procedures in lieu of those specified in Secs. 63.61 through
63.601:
(1) The carrier shall notify all affected customers of the planned
discontinuance, reduction or impairment at least 60 days prior to its
planned action. Notice shall be in writing to each affected customer
unless the Commission authorizes in advance, for good cause shown,
another form of notice.
(2) The carrier shall file with this Commission a copy of the
notification on or after the date on which notice has been given to all
affected customers.
(b) Any dominant international carrier as this term is defined in
Sec. 63.10 that seeks to retire international facilities, dismantle or
remove international trunk lines, and the services being provided
through these facilities are not being discontinued, reduced or
impaired, shall only be subject to the notification requirements of
paragraph (a) of this section. If such carrier discontinues, reduces or
impairs service to a community or retires facilities that impair or
reduce service to a community, the dominant carrier shall file an
application pursuant to Secs. 63.62 and 63.500.
13. A new Sec. 63.20 is added to read as follows:
Sec. 63.20 Copies required; fees; and filing periods for international
service providers.
(a) Unless otherwise specified the Commission shall be furnished
with an original and five copies of applications filed for
international facilities and services under Section 214 of the
Communications Act of 1934, as amended. Provided, however, that where
applications involve only the supplementation of existing international
facilities, and the issuance of a certificate is not required, an
original and two copies of the application shall be furnished. Upon
request by the Commission, additional copies of the application shall
be furnished. Each application shall be accompanied by the fee
prescribed in subpart G of part 1 of this chapter.
(b) No application accepted for filing and subject to the
provisions of Secs. 63.02, 63.18, 63.62 or Sec. 63.505 shall be granted
by the Commission earlier than 28 days following issuance of public
notice by the Commission of the acceptance for filing of such
application or any major amendment unless said public notice specifies
another time period, or the application qualifies for streamlined
processing pursuant to Sec. 63.12.
(c) No application accepted for filing and subject to the
streamlined processing provisions of Sec. 63.12 shall be granted by the
Commission earlier than 21 days following issuance of public notice by
the Commission of the acceptance for filing of such application or any
major amendment unless said public notice specifies another time
period.
(d) Any interested party may file a petition to deny an application
within the 21 day or other time period specified in paragraphs (b) or
(c) of this section. The petitioner shall serve a copy of such petition
on the applicant no later than the date of filing thereof with the
Commission. The petition shall contain specific allegations of fact
sufficient to show that the petitioner is a party in interest and that
a grant of the application would be prima facie inconsistent with the
public interest, convenience and necessity. Such allegations of fact
shall, except for those of which official notice may be taken, be
supported by affidavit of a person or persons with personal knowledge
thereof. The applicant may file an opposition to any petition to deny
within 14 days after the original pleading is filed. The petitioner may
file a reply to such opposition within seven days after the time for
filing oppositions has expired. Allegations of facts or denials thereof
shall similarly be supported by affidavit. These responsive pleadings
shall be served on the applicant or petitioner, as appropriate, and
other parties to the proceeding.
14. A new Sec. 63.21 is added to read as follows:
Sec. 63.21 Conditions applicable to international Section 214
authorizations.
International carriers authorized under Section 214 of the
Communications Act of 1934, as amended, must follow the following
requirements and prohibitions:
(a) Carriers may not resell private lines for the provision of
international
[[Page 15733]]
switched services unless the country at the foreign end of the private
line is deemed equivalent. See Sec. 63.18(e) (3) through (4).
(b) Carriers must file copies of operating agreements entered into
with their foreign correspondents within 30 days of their execution,
and shall otherwise comply with the filing requirements contained in
Sec. 43.51 of this chapter.
(c) Carriers must file tariffs pursuant to Section 203 of the
Communications Act, 47 U.S.C. 203, and part 61 of this chapter.
(d) Carriers must file annual reports of overseas
telecommunications traffic as required by Sec. 43.61 of this chapter.
(e) Carriers regulated as dominant must provide the Commission with
the following information within 30 days after conveyance of
transmission capacity on submarine cables to other U.S. carriers:
(1) The name of the party to whom the capacity was conveyed;
(2) The name of the facility in which capacity was conveyed;
(3) The amount of capacity that was conveyed; and
(4) The price of the capacity conveyed.
15. Section 63.52 is amended by revising the section heading to
read as follows:
Sec. 63.52 Copies required; fees; and filing periods for domestic
authorizations.
* * * * *
16. Section 63.53 is revised to read as follows:
Sec. 63.53 Form.
(a) Applications under Section 214 of the Communications Act shall
be submitted on paper not more than 21.6 cm (8.5 in) wide and not more
than 35.6 cm (14 in) long with a left-hand margin of 4 cm (1.5 in).
This requirement shall not apply to original documents, or admissible
copies thereof, offered as exhibits or to specially prepared exhibits.
The impression shall be on one side of the paper only and shall be
double-spaced, except that long quotations shall be single-spaced and
indented. All papers, except charts and maps, shall be typewritten or
prepared by mechanical processing methods, other than letter press, or
printed. The foregoing shall not apply to official publications. All
copies must be clearly legible.
(b) Applications submitted under Section 214 of the Communications
Act for international services may be submitted on computer diskettes
pursuant to a filing manual compiled by the International Bureau, but a
paper copy of the application with the original signature must
accompany the diskette. The manual will specify the type and format of
the computer diskettes and the reporting and procedural requirements
for such applications.
(c) Applications submitted under Section 214 of the Communications
Act for international services and any related pleadings that are in a
foreign language shall be accompanied by a certified translation in
English.
17. Section 63.62 is amended by revising paragraph (a) to read as
follows:
Sec. 63.62 Type of discontinuance, reduction, or impairment of
telephone or telegraph service requiring formal application.
* * * * *
(a) The dismantling or removal of a trunk line (for contents of
application see Sec. 63.500) for all domestic carriers and for dominant
international carriers except as modified in Sec. 63.19;
* * * * *
18. Section 63.71 is amended by revising the section heading to
read as follows:
Sec. 63.71 Special procedures for discontinuance, reduction or
impairment of service by domestic non-dominant carriers.
* * * * *
[FR Doc. 96-8757 Filed 4-8-96; 8:45 am]
BILLING CODE 6712-01-P
