Goto Section: 63.21 | 63.23 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 63.22 Facilities-based international common carriers.
The following conditions apply to authorized facilities-based
(a) A carrier authorized under § 63.18(e)(1) may provide international
facilities-based services to international points for which it
qualifies for non-dominant regulation as set forth in § 63.10, except
in the following circumstance: If the carrier is, or is affiliated
with, a foreign carrier in a destination market and the Commission has
not determined that the foreign carrier lacks market power in the
destination market (see § 63.10(a)), the carrier shall not provide
service on that route unless it has received specific authority to do
so under § 63.18(e)(3).
(b) The carrier may provide service using half-circuits on any U.S.
common carrier and non-common carrier facilities that do not appear on
an exclusion list published by the Commission. Carriers may also use
any necessary non-U.S.-licensed facilities, including any submarine
cable systems, that do not appear on the exclusion list. Carriers may
not use U.S. earth stations to access non-U.S.-licensed satellite
systems unless the Commission has specifically approved the use of
those satellites and so indicates on the exclusion list. The exclusion
list is available from the International Bureau's World Wide Web site
(c) Specific authority under § 63.18(e)(3) is required for the carrier
to provide service using any facilities listed on the exclusion list,
to provide service between the United States and any country on the
exclusion list, or to construct, acquire, or operate lines in any new
major common carrier facility project.
(d) The carrier may provide international basic switched, private line,
data, television and business services.
(e) The carrier shall file annual international circuit capacity
reports as required by § 43.62 of this chapter.
(f) The terms and conditions of any operating or other agreement
relating to the exchange of services, interchange or routing of traffic
and matters concerning rates, accounting rates, division of tolls, the
allocation of return traffic, or the basis of settlement of traffic
balances, entered into by U.S. common carriers authorized pursuant to
this part to provide facilities-based switched voice service on the
U.S.-Cuba route in correspondence with a Cuban carrier that does not
qualify for the presumption that it lacks market power in Cuba, shall
be identical to the equivalent terms and conditions in the operating
agreement of another carrier providing the same or similar service
between the United States and Cuba. Carriers may seek waiver of this
requirement. See International Settlements Policy Reform, Report and
Order, IB Docket Nos. 11-80, 05-254, 09-10, RM 11322, FCC 12-145 (rel.
November 29, 2012).
(g) A carrier or other party may request Commission intervention on any
U.S. international route for which competitive problems are alleged by
filing with the International Bureau a petition, pursuant to this
section, demonstrating anticompetitive behavior by foreign carriers
that is harmful to U.S. customers. The Commission may also act on its
own motion. Carriers and other parties filing complaints must support
their petitions with evidence, including an affidavit and relevant
commercial agreements. The International Bureau will review complaints
on a case-by-case basis and take appropriate action on delegated
authority pursuant to § 0.261 of this chapter. Interested parties will
have 10 days from the date of issuance of a public notice of the
petition to file comments or oppositions to such petitions and
subsequently 7 days for replies. In the event significant, immediate
harm to the public interest is likely to occur that cannot be addressed
through post facto remedies, the International Bureau may impose
temporary requirements on carriers authorized pursuant to § 63.18 of
this chapter without prejudice to its findings on such petitions.
(h) The authority granted under this part is subject to all Commission
rules and regulations and any conditions or limitations stated in the
Commission's public notice or order that serves as the carrier's
Section 214 certificate. See § § 63.12, 63.21 of this part.
Note 1 to § 63.22: For purposes of this section, foreign carrier is
defined in § 63.09 of this chapter.
Note 2 to § 63.22: For purposes of this section, a foreign carrier
shall be considered to possess market power if it appears on the
Commission's list of foreign carriers that do not qualify for the
presumption that they lack market power in particular foreign points.
This list is available on the International Bureau's World Wide Web
site at http://www.fcc.gov/ib. The Commission will include on the list
of foreign carriers that do not qualify for the presumption that they
lack market power in particular foreign points any foreign carrier that
has 50 percent or more market share in the international transport or
local access markets of a foreign point. A party that seeks to remove
such a carrier from the Commission's list bears the burden of
submitting information to the Commission sufficient to demonstrate that
the foreign carrier lacks 50 percent market share in the international
transport and local access markets on the foreign end of the route or
that it nevertheless lacks sufficient market power on the foreign end
of the route to affect competition adversely in the U.S. market. A
party that seeks to add a carrier to the Commission's list bears the
burden of submitting information to the Commission sufficient to
demonstrate that the foreign carrier has 50 percent or more market
share in the international transport or local access markets on the
foreign end of the route or that it nevertheless has sufficient market
power to affect competition adversely in the U.S. market.
[ 64 FR 19065 , Apr. 19, 1999, as amended at 64 FR 34741 , June 29, 1999;
67 FR 45391 , July 9, 2002; 69 FR 23154 , Apr. 28, 2004; 78 FR 11112 ,
Feb. 15, 2013; 78 FR 15624 , Mar.12, 2013]
Effective Date Note: At 78 FR 15624 , Mar. 12, 2013, § 63.22 was amended
by revising paragraph (c). 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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Goto Section: 63.21 | 63.23
Goto Year: 2013 |
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