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   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
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                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

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PART 43—REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN AFFILIATES
   ___________________________________

   Section Contents
   § 43.01   Applicability.
   § 43.11   Reports of local exchange competition data
   § 43.21   Transactions with affiliates.
   § 43.41   [Reserved]
   § 43.43   Reports of proposed changes in depreciation rates.
   § 43.51   Contracts and concessions.
   § 43.53   Reports regarding division of international toll communication
   charges.
   § 43.61   Reports of international telecommunications traffic.
   § 43.72   [Reserved]
   § 43.82   International circuit status reports.
   ___________________________________

   Authority:   47 U.S.C. 154; Telecommunications Act of 1996, Pub. L. 104–104,
   secs. 402 (b)(2)(B), (c), 110 Stat. 56 (1996) as amended unless otherwise
   noted. 47 U.S.C. 211, 219, 220 as amended.

   Source:    28 FR 13214 , Dec. 5, 1963, unless otherwise noted.

§ 43.01   Applicability.

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   (a)  The  sections  in  this part include requirements which have been
   promulgated under authority of sections 211 and 219 of the Communications
   Act of 1934, as amended, with respect to the filing by communication common
   carriers and certain of their affiliates of periodic reports and certain
   other data, but do not include certain requirements relating to the filing
   of information with respect to specific services, accounting systems and
   other matters incorporated in other parts of this chapter.

   (b) Except as provided in paragraphs (c) and (d) of this section, carriers
   becoming subject to the provisions of the several sections of this part for
   the first time, shall, within thirty (30) days of becoming subject, file the
   required data as set forth in the various sections of this part.

   (c) Carriers becoming subject to the provisions of §§43.21 and 43.43 for the
   first time, because their annual operating revenues equal or exceed the
   indexed revenue threshold for a given year, shall begin collecting data
   pursuant to such provisions in the calendar year following the publication
   of that indexed revenue threshold in theFederal Register. With respect to
   such initial filing of reports by any carrier, pursuant to the provisions of
   §43.21 (d), (e), (f), (g), (h), (i), (j), and (k), the carrier is to begin
   filing data for the calendar year following the publication of that indexed
   revenue threshold in theFederal Registerby April 1 of the second calendar
   year following publication of that indexed revenue threshold in theFederal
   Register.

   (d) Common carriers subject to the provisions of §43.11 shall file data
   semi-annually. Reports shall be filed each year on or before March 1st
   (reporting data about their deployment of local exchange services as of
   December 31 of the prior year) and September 1st (reporting data about their
   deployment of local exchange services as of June 31 of the current year).
   Common carriers becoming subject to the provisions of §43.11 for the first
   time within a calendar year shall file data for the reporting period in
   which they become eligible and semi-annually thereafter. Common carriers
   subject to the provisions of §43.11 shall make an initial filing of the FCC
   Form 477 on May 15, 2000 (reporting data about their deployment of local
   exchange services as of December 31, 1999).

   [ 28 FR 13214 , Dec. 5, 1963, as amended at  62 FR 39778 , July 24, 1997;  65 FR 19685 , Apr. 12, 2000]

§ 43.11   Reports of local exchange competition data

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   (a) All common carriers and their affiliates (as defined in 47 U.S.C. 153
   (1)) providing telephone exchange or exchange access service (as defined in
   47 U.S.C. 153 (16) and (47)) or commercial mobile radio service (CMRS)
   providers offering mobile telephony (as defined in §20.15(b)(1) of this
   chapter)  shall  file with the Commission a completed FCC Form 477, in
   accordance with the Commission's rules and the instructions to the FCC Form
   477, for each state in which they provide service.

   (b) Respondents identified in paragraph (a) of this section shall file the
   FCC Form 477 on diskette or via e-mail, as directed in the instructions to
   the FCC Form 477. Upon submission of each report, an original certification
   letter (as contained in the instructions to FCC Form 477) signed by the
   responsible official shall be mailed to the Commission.

   (c)  Respondents  may  make  requests for Commission non-disclosure of
   provider-specific  data contained in the Form 477 under §0.459 of this
   chapter by so indicating on the Form 477 at the time that the subject data
   are  submitted.  The  Commission  shall  make  all decisions regarding
   non-disclosure of provider-specific information, except that the Chief of
   the Common Carrier Bureau may release provider-specific information to a
   state commission, provided that the state commission has protections in
   place that would preclude disclosure of any confidential information.

   (d) Respondents identified in paragraph (b) of this section shall file a
   revised version of FCC Form 477 if and when they discover a significant
   error in their filed FCC Form 477. For counts, a difference amounting to 5
   percent of the filed number is considered significant. For percentages, a
   difference of 5 percentage points is considered significant.

   (e) Failure to file FCC Form 477 in accordance with the Commission's rules
   and the instructions to Form 477 may lead to enforcement action pursuant to
   the Act and any other applicable law.

   [ 65 FR 19685 , Apr. 12, 2000, as amended at  69 FR 77938 , Dec. 29, 2004]

§ 43.21   Transactions with affiliates.

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   (a) Communication common carriers having annual operating revenues in excess
   of  the indexed revenue threshold, as defined in §32.9000, and certain
   companies  (as indicated in paragraph (b) of this section) directly or
   indirectly controlling such carriers shall file with the Commission annual
   reports or an annual letter as provided in this section. Except as provided
   in  paragraph (b) of this section, each annual report required by this
   section shall be filed no later than April 1 of each year, covering the
   preceding calendar year. It shall be filed on the appropriate report form
   prescribed by the Commission (see §1.785 of this chapter) and shall contain
   full  and specific answers to all questions propounded and information
   requested in the currently effective report forms. The number of copies to
   be filed shall be specified in the applicable report form. At least one copy
   of this report shall be signed on the signature page by the responsible
   accounting officer. A copy of each annual report shall be as retained in the
   principal office of the respondent and shall be filed in such manner to be
   readily available for reference and inspection.

   (b) Each company, not itself a communication common carrier, that directly
   or indirectly controls any communication common carrier that has annual
   operating revenues equal to or above the indexed revenue threshold, as
   defined in §32.9000, shall file annually with the Commission, not later than
   the  date prescribed by the Securities and Exchange Commission for its
   purposes,  two complete copies of any annual report Forms 10–K (or any
   superseding form) filed with that Commission.

   (c) Each miscellaneous common carrier (as defined by §21.2 of this chapter)
   with operating revenues for a calendar year in excess of the indexed revenue
   threshold, as defined in §32.9000, shall file with the Common Carrier Bureau
   Chief a letter showing its operating revenues for that year and the value of
   its total communications plant at the end of that year. This letter must be
   filed no later than April 1 of the following year. Those miscellaneous
   common carriers with annual operating revenues that equal or surpass the
   indexed revenue threshold for the first time may file the letter up to one
   month after publication of the adjusted revenue threshold in theFederal
   Register, but in no event shall such carriers be required to file the letter
   prior to April 1.

   (d) Each communications common carrier required by order to file a manual
   allocating its costs between regulated and nonregulated operations shall
   file, on or before April 1:

   (1) A three-year forecast of regulated and nonregulated use of network plant
   for the current calendar year and the two calendar years following, and
   investment pool projections and allocations for the current calendar year;
   and

   (2) A report of the actual use of network plant investment for the prior
   calendar year.

   (e) Each incumbent local exchange carrier, except mid-sized incumbent local
   exchange carriers, as defined by §32.9000 with annual operating revenues
   equal to or above the indexed revenue threshold shall file, no later than
   April 1 of each year:

   (1) Its revenues, expenses and investment for all accounts established in
   part 32 of this chapter, on an operating company basis,

   (2) The same part 32 of this chapter, on a study area basis, with data for
   regulated and nonregulated operations for those accounts which are related
   to the carrier's revenue requirement, and

   (3) The separations categories on a study area basis, with each category
   further divided into access elements and a nonaccess interstate category.

   (f) Each incumbent local exchange carrier with operating revenues for the
   preceding year that equal or exceed the indexed revenue threshold shall
   file, no later than April 1 of each year, a report showing for the previous
   calendar  year  its revenues, expenses, taxes, plant in service, other
   investment and depreciation reserves, and other such data as are required by
   the Commission, on computer media prescribed by the Commission. The total
   operating results shall be allocated between regulated and nonregulated
   operations,  and  the regulated data shall be further divided into the
   following categories: State and interstate, and the interstate will be
   further divided into common line, traffic sensitive access, special access,
   and nonaccess.

   (g) Each incumbent local exchange carrier for whom price cap regulation is
   mandatory and every incumbent local exchange carrier that elects to be
   covered by the price cap rules shall file, by April 1 of each year, a report
   designed to capture trends in service quality under price cap regulation.
   The  report shall contain data relative to network measures of service
   quality, as defined by the Wireline Competition Bureau, from the previous
   calendar year on a study area basis.

   (h) Each incumbent local exchange carrier for whom price cap regulation is
   mandatory shall file, by April 1 of each year, a report designed to capture
   trends in service quality under price cap regulation. The report shall
   contain data relative to customer measures of service quality, as defined by
   the Wireline Competition Bureau, from the previous calendar year a study
   area basis.

   (i) Each incumbent local exchange carrier for whom price regulation is
   mandatory shall file, by April 1 of each year, a report containing data from
   the  previous calendar year on a study area basis that are designed to
   capture trends in telephone industry infrastructure development under price
   cap regulation.

   (j) Each incumbent local exchange carrier with annual operating revenues
   that equal or exceed the indexed revenue threshold shall file, no later than
   April 1 of each year, a report containing data from the previous calendar
   year on an operating company basis. Such report shall combine statistical
   data designed to monitor network growth, usage, and reliability.

   (k) Each designated interstate carrier with operating revenues for the
   preceding year that equal or exceed the indexed revenue threshold shall
   file, no later than April 1 of each year, a report showing for the previous
   calendar  year  its revenues, expenses, taxes, plant in service, other
   investments and depreciation reserves, and such other data as are required
   by the Commission, on computer media prescribed by the Commission. The total
   operating results shall be allocated between regulated and nonregulated
   operations,  and  the regulated data shall be further divided into the
   following categories: State and interstate, and the interstate will be
   further divided into common line, traffic sensitive access, special access,
   and nonaccess.

   [ 28 FR 13214 , Dec. 5, 1963, as amended at  49 FR 10122 , Mar. 19, 1984;  50 FR 41153 , Oct. 9, 1985;  51 FR 37024 , Oct. 17, 1986;  52 FR 35918 , Sept. 24,
   1987;  58 FR 36143 , July 6, 1993;  61 FR 50245 , Sept. 25, 1996;  62 FR 39778 ,
   July 24, 1997;  67 FR 5700 , Feb. 6, 2002;  67 FR 13225 , Mar. 21, 2002]

§ 43.41   [Reserved]

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§ 43.43   Reports of proposed changes in depreciation rates.

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   (a) Each communication common carrier with annual operating expenses that
   equal or exceed the indexed revenue threshold, as defined in §32.9000, and
   that has been found by this Commission to be a dominant carrier with respect
   to  any communications service shall, before making any changes in the
   depreciation  rates  applicable  to  its operated plant, file with the
   Commission  a  report  furnishing the data described in the subsequent
   paragraphs of this section, and also comply with the other requirements
   thereof.

   (b) Each such report shall contain the following:

   (1) A schedule showing for each class and subclass of plant (whether or not
   the depreciation rate is proposed to be changed) an appropriate designation
   therefor, the depreciation rate currently in effect, the proposed rate, and
   the service-life and net-salvage estimates underlying both the current and
   proposed depreciation rates;

   (2) An additional schedule showing for each class and subclass, as well as
   the totals for all depreciable plant, (i) the book cost of plant at the most
   recent date available, (ii) the estimated amount of depreciation accruals
   determined by applying the currently effective rate to the amount of such
   book cost, (iii) the estimated amount of depreciation accruals determined by
   applying the rate proposed to be used to the amount of such book cost, and
   (iv) the difference between the amounts determined in paragraphs (b)(2) (ii)
   and (iii) of this section;

   (3) A statement giving the reasons for the proposed change in each rate;

   (4) A statement describing the method or methods employed in the development
   of the service-life and salvage estimates underlying each proposed change in
   a depreciation rate; and

   (5) The date as of which the revised rates are proposed to be made effective
   in the accounts.

   (c) Except as specified in paragraphs (c)(1) and (c)(3) of this section,
   when the change in the depreciation rate proposed for any class or subclass
   of  plant (other than one occasioned solely by a shift in the relative
   investment in the several subclasses of the class of plant) amounts to
   twenty percent (20%) or more of the rate currently applied thereto, or when
   the proposed change will produce an increase or decrease of one percent (1%)
   or more of the aggregate depreciation charges for all depreciable plant
   (based on the amounts determined in compliance with paragraph (b)(2) of this
   section) the carrier shall supplement the data required by paragraph (b) of
   this section) with copies of the underlying studies, including calculations
   and charts, developed by the carrier to support service-life and net-salvage
   estimates. If a carrier must submit data of a repetitive nature to comply
   with this requirement, the carrier need only submit a fully illustrative
   portion thereof.

   (1) A Local Exchange Carrier regulated under price caps, pursuant to §§61.41
   through 61.49 of this chapter, is not required to submit the supplemental
   information described in paragraph (c) introductory text of this section for
   a specific account if: The carrier's currently prescribed depreciation rate
   for the specific accounts derived from basic factors that fall within the
   basic factor ranges established for that same account; and the carrier's
   proposed depreciation rate for the specific account would also be derived
   from basic factors that fall within the basic factor ranges for the same
   account.

   (2) Local Exchange Carriers that are regulated under price caps, pursuant to
   §§61.41 through 61.49 of this chapter, and have selected basic factors that
   fall  within  the basic factor ranges for all accounts are exempt from
   paragraphs (b)(3), (b)(4), and (c) introductory text of this section. They
   shall instead comply with paragraphs (b)(1), (b)(2) and (b)(5) of this
   section and provide a book and theoretical reserve summary and a summary of
   basic factors underlying proposed rates by account.

   (3) Interexchange carriers regulated under price caps, pursuant to §§61.41
   through 61.49 of this chapter, are exempted from submitting the supplemental
   information as described in paragraph (c) introductory text of this section.
   They shall instead submit: Generation data, a summary of basic factors
   underlying proposed depreciation rates by account and a short narrative
   supporting  those basic factors, including company plans of forecasted
   retirements and additions, recent annual retirements, salvage and cost of
   removal.

   (d) Each report shall be filed in duplicate and the original shall be signed
   by the responsible official to whom correspondence related thereto should be
   addressed.

   (e) Unless otherwise directed or approved by the Commission, the following
   shall be observed: Proposed changes in depreciation rates shall be filed at
   least ninety (90) days prior to the last day of the month with respect to
   which the revised rates are first to be applied in the accounts (e.g., if
   the new rates are to be first applied in the depreciation accounts for
   September, they must be filed on or before July 1). Such rates may be made
   retroactive to a date not prior to the beginning of the year in which the
   filing is made: Provided however, that in no event shall a carrier for which
   the Commission has prescribed depreciation rates make any changes in such
   rates unless the changes are prescribed by the Commission. Carriers who
   select  basic factors that fall within the basic factor ranges for all
   accounts are exempt from depreciation rate prescription by the Commission.

   (f) Any changes in depreciation rates that are made under the provisions of
   paragraph (e) of this section shall not be construed as having been approved
   by the Commission unless the carrier has been specifically so informed.

   [ 28 FR 13214 , Dec. 5, 1963, as amended at  30 FR 3223 , Mar. 9, 1965;  53 FR 49987 , Dec. 13, 1988;  58 FR 58790 , Nov. 4, 1993;  61 FR 50246 , Sept. 25,
   1996;  62 FR 39779 , July 24, 1997;  65 FR 18931 , Apr. 10, 2000]

§ 43.51   Contracts and concessions.

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   (a)(1) Any communication common carrier described in paragraph (b) of this
   section must file with the Commission, within thirty (30) days of execution,
   a copy of each contract, agreement, concession, license, authorization,
   operating  agreement  or  other arrangement to which it is a party and
   amendments thereto with respect to the following:

   (i) The exchange of services; and,

   (ii) The interchange or routing of traffic and matters concerning rates,
   accounting rates, division of tolls, or the basis of settlement of traffic
   balances, except as provided in paragraph (c) of this section.

   (2)  If  the  contract, agreement, concession, license, authorization,
   operating agreement or other arrangement and amendments thereto is made
   other than in writing, a certified statement covering all details thereof
   must be filed by at least one of the parties to the agreement. Each other
   party to the agreement which is also subject to these provisions may, in
   lieu of also filing a copy of the agreement, file a certified statement
   referencing the filed document. The Commission may, at any time and upon
   reasonable request, require any communication common carrier not subject to
   the provisions of this section to submit the documents referenced in this
   section.

   (b)  The  following communication common carriers must comply with the
   requirements of paragraph (a) of this section:

   (1) A carrier that is engaged in domestic communications and has not been
   classified as non-dominant pursuant to §61.3 of this Chapter,

   (2) A carrier that is engaged in foreign communications and that has been
   classified as dominant for any service on any of the U.S.-international
   routes included in the contract, except for a carrier classified as dominant
   on a particular route due only to a foreign carrier affiliation under §63.10
   of this chapter, or

   (3) A carrier, other than a provider of commercial mobile radio services,
   that  is engaged in foreign communications and enters into a contract,
   agreement, concession, license, authorization, operating agreement or other
   arrangement and amendments thereto with a foreign carrier that does not
   qualify for the presumption, set forth in Note 3 to this section, that it
   lacks  market  power  on  the  foreign  end  of  one  or  more  of the
   U.S.-international routes included in the contract, unless the route appears
   on the Commission's list of U.S.-international routes that the Commission
   has exempted from the international settlements policy set forth in §64.1002
   of this chapter.

   (c)  With  respect  to  contracts coming within the scope of paragraph
   (a)(1)(ii) of this section between subject telephone carriers and connecting
   carriers, except those contracts related to communications with foreign or
   overseas points, such documents shall not be filed with the Commission; but
   each subject telephone carrier shall maintain a copy of such contracts to
   which it is a party in appropriate files at a central location upon its
   premises, copies of which shall be readily accessible to Commission staff
   and members of the public upon reasonable request therefor; and upon request
   by  the Commission, a subject telephone carrier shall promptly forward
   individual contracts to the Commission.

   (d) Any U.S. carrier that interconnects to the U.S. public switched network
   an international private line that extends between the United States and a
   country  that  the  Commission has not exempted from the international
   settlements policy shall file annually with the Chief of the International
   Bureau a certified statement containing the number and type ( e.g. , a
   64-kbps  circuit) of private lines interconnected at the carrier's own
   switch,  including  any  switch in which the carrier holds a leasehold
   interest. The certified statement shall specify the number and type of
   interconnected private lines on a country specific basis. The identity of
   the customer need not be reported, and the Commission will treat the country
   of  origin  information  as confidential. Carriers need not file their
   contracts for such interconnections, unless they are specifically requested
   to do so. These reports shall be filed on a consolidated basis on February 1
   (covering international private lines interconnected during the preceding
   January 1 to December 31 period) of each year. International private lines
   to  countries which the Commission has exempted from the international
   settlements policy, set forth in §64.1002 of this chapter, at any time
   during  a  particular  reporting  period  are  exempt from this filing
   requirement.

   (e)  Other  filing  requirements  for  carriers  providing  service on
   U.S.-international routes that are subject to the international settlements
   policy.

   (1) For routes subject to the international settlements policy set forth in
   §64.1002 of this chapter, if a U.S. carrier files an operating or other
   agreement with a foreign carrier pursuant to paragraph (a) of this section
   to begin providing switched voice, telex, telegraph, or packet-switched
   service between the United States and a foreign point, the carrier must also
   file with the International Bureau a modification request under §64.1001 of
   this chapter. The operating or other agreement cannot become effective until
   the modification request has been granted under paragraph §64.1001(e) of
   this chapter.

   (2) For routes subject to the international settlements policy, if a carrier
   files  an  amendment, pursuant to paragraph (a) of this section, to an
   existing operating or other agreement with a foreign carrier to provide
   switched voice, telex, telegraph, or packet-switched service between the
   United States and a foreign point, and the amendment relates 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, the carrier must also file with
   the International Bureau a modification request under §64.1001 of this
   chapter. The amendment to the operating or other agreement cannot become
   effective until the modification request has been granted under §64.1001(e)
   of this chapter.

   (f)  Confidential  treatment.  (1)  A  carrier providing service on an
   international route that is exempt from the international settlements policy
   under paragraph (e)(3) of this section, but that is otherwise required by
   paragraphs (a) and (b) of this section to file a contract covering service
   on that route with the Commission, may request confidential treatment under
   §0.457 of this Chapter for the rates, terms and conditions that govern the
   settlement of U.S. international traffic.

   (2) Carriers requesting confidential treatment under this paragraph must
   include the information specified in §64.1001(c) of this Chapter. Such
   filings  shall  be made with the Commission, with a copy to the Chief,
   International Bureau. The transmittal letter accompanying the confidential
   filing shall clearly identify the filing as responsive to §43.51(f).

   Note 1 to §43.51: For purposes of this section, affiliated and foreign
   carrier are defined in §63.09 of this chapter.

   Note  2  to  §43.51:  To the extent that a foreign government provides
   telecommunications services directly through a governmental organization,
   body or agency, it shall be treated as a foreign carrier for the purposes of
   this section.

   Note 3 to §43.51: Carriers shall 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 of their
   foreign carrier contracts are subject to the contract filing requirements
   set forth in this section. The Commission's list of foreign carriers that do
   not qualify for the presumption that they lack market power in particular
   foreign points is available from 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.

   Note 4 to §43.51: The Commission's list of international routes exempted
   from the international settlements policy is available on the International
   Bureau's World Wide Web site at http://www.fcc.gov/ib .

   [ 66 FR 16879 , Mar. 28, 2001, as amended at  69 FR 23153 , Apr. 28, 2004]

§ 43.53   Reports regarding division of international toll communication
charges.

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   (a) Each communication common carrier engaged directly in the transmission
   or reception of telegraph communications between the continental United
   States  and  any foreign country (other than one to which the domestic
   word-count applies) shall file a report with the Commission within thirty
   (30) days of the date of any arrangement concerning the division of the
   total telegraph charges on such communications other than transiting. A
   carrier first becoming subject to the provisions of this section must,
   within  thirty (30) days thereafter, file with the Commission a report
   covering any such existing arrangements.

   (b) In the event that any change is made which affects data previously
   filed, a revised page incorporating such change or changes must be filed
   with the Commission not later than thirty (30) days from the date the change
   is  made,  provided, however, that any change in the amount of foreign
   participation in charges for outbound communications or in the respondent's
   participation in charges for inbound communications must be filed not later
   than thirty (30) days from the date the change is agreed upon.

   (c)  A  single copy of each such report must be filed in a format that
   contains a clear, concise and definite statement of the arrangements.

   [ 51 FR 45891 , Dec. 23, 1986, as amended at  52 FR 8453 , Mar. 18, 1987]

§ 43.61   Reports of international telecommunications traffic.

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   (a)   Each   common   carrier   engaged   in  providing  international
   telecommunications service between the area comprising the continental
   United States, Alaska, Hawaii, and off-shore U.S. points and any country or
   point outside that area shall file a report with the Commission not later
   than July 31 of each year for service actually provided in the preceding
   calendar year.

   (1) The information contained in the reports shall include actual traffic
   and revenue data for each and every service provided by a common carrier,
   divided among service billed in the United States, service billed outside
   the United States, and service transiting the United States.

   (2)  Each  common  carrier shall submit a revised report by October 31
   identifying and correcting any inaccuracies included in the annual report
   exceeding five percent of the reported figure.

   (3)  The information required under this section shall be furnished in
   conformance with the instructions and reporting requirements prepared under
   the  direction of the Chief, Wireline Competition Bureau, prepared and
   published as a manual, in consultation and coordination with the Chief,
   International Bureau.

   (b) Quarterly Traffic Reports . (1) Each common carrier engaged in providing
   international telecommunicaitons service between the area comprising the
   continental United States, Alaska, Hawaii, and off-shore U.S. points and any
   country  or point outside that area shall file with the Commission, in
   addition to the report required by paragraph (a) of this section, actual
   traffic and revenue data for each calendar quarter in which the carrier's
   quarterly minutes exceed the corresponding minutes for all carriers by one
   or more of the following tests:

   (i) The carrier's aggregate minutes of facilities-based or facilities resale
   switched telephone traffic for service billed in the United States are
   greater than 1.0 percent of the total of such minutes of international
   traffic for all U.S. carriers published in the Commission's most recent
   §43.61 annual report of international telecommunications traffic;

   (ii) The carrier's aggragate minutes of facilities-based or facilities
   resale switched telephone traffic for service billed outside the United
   States  are  greater  than 1.0 percent of the total of such minutes of
   international traffic for all U.S. carriers published in the Commission's
   most  recent  §43.61 annual report of international telecommunications
   traffic;

   (iii) The carrier's aggregate minutes of facilities-based or facilities
   switched telephone traffic for service billed in the United States for any
   foreign country are greater than 2.5 percent of the total of such minutes of
   international traffic for that country for all U.S. carriers published in
   the  Commission's  most  recent  §43.61 annual report of international
   telecommunications traffic; or

   (iv) The carrier's aggregate minutes of facilities-based or facilities
   resale switched telephone traffic for service billed outside the United
   States for any foreign country are greater than 2.5 percent of the total of
   such minutes of international traffic for that country for all U.S. carriers
   published  in  the  Commission's  most  recent §43.61 annual report of
   international telecommunications traffic.

   (2) Except as provided in this paragraph, the quarterly reports required by
   paragraph (b)(1) of this section shall be filed in the same format as, and
   in conformance with, the filing procedures for the annual reports required
   by paragraph (a) of this section.

   (i) Carriers filing quarterly reports shall include in those reports only
   their  provision  of  switched, facilities-based telephone service and
   switched, facilities resale telephone service.

   (ii) The quarterly reports required by paragraph (b)(1) of this section
   shall be filed with the Commission no later than April 30 for the prior
   January through March quarter; no later than July 31 for the prior April
   through June quarter; no later than October 31 for the prior July through
   September  quarter; and no later than January 31 for the prior October
   through December period.

   (c) Each common carrier engaged in the resale of international switched
   services that is affiliated with a foreign carrier that has sufficient
   market  power  on  the foreign end of an international route to affect
   competition  adversely in the U.S. market and that collects settlement
   payments from U.S. carriers shall file a quarterly version of the report
   required in paragraph (a) of this section for its switched resale services
   on the dominant route within 90 days from the end of each calendar quarter.
   Commercial Mobile Radio Service (CMRS) carriers, as defined in §20.9 of this
   chapter, are not required to file reports pursuant to this paragraph. For
   purposes of this paragraph, affiliated and foreign carrier are defined in
   §63.09 of this chapter.

   [ 57 FR 8580 , Mar. 11, 1992, as amended at  60 FR 5333 , Jan. 27, 1995;  62 FR 5541 , Feb. 6, 1997;  62 FR 45761 , Aug. 29, 1997;  64 FR 19061 , Apr. 19, 1999;
    66 FR 67112 , Dec. 28, 2001;  67 FR 13225 , Mar. 21, 2002;  67 FR 45390 , July 9,
   2002]

§ 43.72   [Reserved]

   top

§ 43.82   International circuit status reports.

   top

   (a) Each facilities-based common carrier engaged in providing international
   telecommunications service between the area comprising the continental
   United States, Alaska, Hawaii, and off-shore U.S. points and any country or
   point outside that area shall file a circuit status report with the Chief,
   International Bureau, not later than March 31 each year showing the status
   of its circuits used to provide international services as of December 31 of
   the preceding calendar year.

   (b) The information contained in the reports shall include the total number
   of activated and the total number of idle circuits by the categories of
   submarine cable, satellite and terrestrial facilities to geographic points
   outside  the  United  States for the services designated by the Chief,
   International Bureau.

   (c)  The information required under this section shall be furnished in
   conformance with instructions and reporting requirements prepared under the
   direction of the Chief, International Bureau, prepared and published as a
   manual.

   (d) Authority is hereby delegated to the Chief, International Bureau to
   prepare instructions and reporting requirements for the filing of the annual
   international circuit status reports.

   [ 60 FR 51368 , Oct. 2, 1995]
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