Goto Section: 63.13 | 63.17 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 63.14 Prohibition on agreeing to accept special concessions.
(a) Any carrier authorized to provide international communications
service under this part shall be prohibited, except as provided in
paragraph (c) of this section, from agreeing to accept special
concessions directly or indirectly from any foreign carrier with
respect to any U.S. international route where the foreign carrier
possesses sufficient market power on the foreign end of the route to
affect competition adversely in the U.S. market and from agreeing to
accept special concessions in the future.
Note to paragraph (a): Carriers may rely on the Commission's list of
foreign carriers that do not qualify for the presumption that they lack
market power in particular foreign points for purposes of determining
which foreign carriers are the subject of the prohibitions contained in
this section. The Commission's list of foreign carriers that do not
qualify for the presumption that they lack market power is available
from the International Bureau's World Wide Web site at
(b) A special concession is defined as an exclusive arrangement
involving services, facilities, or functions on the foreign end of a
U.S. international route that are necessary for the provision of basic
telecommunications services where the arrangement is not offered to
similarly situated U.S.-licensed carriers and involves:
(1) Operating agreements for the provision of basic services;
(2) Distribution arrangements or interconnection arrangements,
including pricing, technical specifications, functional capabilities,
or other quality and operational characteristics, such as provisioning
and maintenance times; or
(3) Any information, prior to public disclosure, about a foreign
carrier's basic network services that affects either the provision of
basic or enhanced services or interconnection to the foreign country's
domestic network by U.S. carriers or their U.S. customers.
(c) This section shall not apply to the rates, terms and conditions in
an agreement between a U.S. carrier and a foreign carrier that govern
the settlement of U.S. international traffic, including the method for
allocating return traffic.
[ 62 FR 64754 , Dec. 9, 1997, as amended at 64 FR 19063 , Apr. 19, 1999;
64 FR 34741 , June 29, 1999; 66 FR 16881 , Mar. 28, 2001; 69 FR 23154 ,
Apr. 28, 2004; 78 FR 11112 , Feb. 15, 2013]
Goto Section: 63.13 | 63.17
Goto Year: 2020 |
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