FCC 63.21 Revised as of October 1, 2014
Goto Year:2013 |
§ 63.21 Conditions applicable to all international Section 214
International carriers authorized under Section 214 of the
Communications Act of 1934, as amended, must follow the following
requirements and prohibitions:
(a) Each carrier is responsible for the continuing accuracy of the
certifications made in its application. Whenever the substance of any
such certification is no longer accurate, the carrier shall as promptly
as possible and, in any event, within thirty (30) days, file with the
Commission a corrected certification referencing the FCC file number
under which the original certification was provided. The information
may be used by the Commission to determine whether a change in
regulatory status may be warranted under § 63.10. See also § 63.11.
(b) Carriers must file copies of operating agreements entered into with
their foreign correspondents as specified in § 43.51 of this chapter
and shall otherwise comply with the filing requirements contained in
(c) Carriers regulated as dominant for the provision of a particular
international communications service on a particular route for any
reason other than a foreign carrier affiliation under § 63.10 shall
file tariffs pursuant to Section 203 of the Communications Act, 47
U.S.C. 203, and part 61 of this chapter. Except as specified in
§ 20.15(d) of this chapter with respect to commercial mobile radio
service providers, carriers regulated as non-dominant, as defined in
§ 61.3 of this chapter, and providing detariffed international services
pursuant to § 61.19 of this chapter must comply with all applicable
public disclosure and maintenance of information requirements in
§ § 42.10 and 42.11 of this chapter.
(d) Carriers must file annual international telecommunications traffic
and revenue as required by § 43.62 of this chapter.
(e) Authorized carriers may not access or make use of specific U.S.
customer proprietary network information that is derived from a foreign
network unless the carrier obtains approval from that U.S. customer. In
seeking to obtain approval, the carrier must notify the U.S. customer
that the customer may require the carrier to disclose the information
to unaffiliated third parties upon written request by the customer.
(f) Authorized carriers may not receive from a foreign carrier any
proprietary or confidential information pertaining to a competing U.S.
carrier, obtained by the foreign carrier in the course of its normal
business dealings, unless the competing U.S. carrier provides its
permission in writing.
(g) The Commission reserves the right to review a carrier's
authorization, and, if warranted, impose additional requirements on
U.S. international carriers in circumstances where it appears that harm
to competition is occurring on one or more U.S. international routes.
(h) Subject to the requirement of § 63.10 that a carrier regulated as
dominant along a route must provide service as an entity that is
separate from its foreign carrier affiliate, and subject to any other
structural-separation requirement in Commission regulations, an
authorized carrier may provide service through any wholly owned direct
or indirect subsidiaries. The carrier must, within thirty (30) days
after the subsidiary begins providing service, file with the Commission
a notification referencing the authorized carrier's name and the FCC
file numbers under which the carrier's authorizations were granted and
identifying the subsidiary's name and place of legal organization. This
provision shall not be construed to authorize the provision of service
by any entity barred by statute or regulation from itself holding an
authorization or providing service.
(i) An authorized carrier, or a subsidiary operating pursuant to
paragraph (h) of this section, that changes its name (including the
name under which it is doing business) must notify the Commission
within thirty (30) days of the name change. Such notification shall
reference the FCC file numbers under which the carrier's authorizations
(j) Subject to the availability of electronic forms, all notifications
and other filings described in this section must be filed
electronically through the International Bureau Filing System (IBFS). A
list of forms that are available for electronic filing can be found on
the IBFS homepage. For information on electronic filing requirements,
see part 1, § § 1.1000 through 1.10018 of this chapter and the IBFS
homepage at http://www.fcc.gov/ibfs. See also § § 63.20 and 63.53.
[ 61 FR 15732 , Apr. 9, 1996, as amended at 62 FR 45762 , Aug. 29, 1997;
62 FR 64758 , Dec. 9, 1997; 64 FR 19065 , Apr. 19, 1999; 66 FR 16881 ,
Mar. 28, 2001; 67 FR 45391 , July 9, 2002; 67 FR 57344 , Sept. 10, 2002;
70 FR 38798 , July 6, 2005; 78 FR 15623 , Mar. 12, 2013]
Effective Date Note: At 78 FR 15623 , Mar. 12, 2013, § 63.21 was amended
by revising paragraph (d). This paragraph contains information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
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