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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.
top
(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.
top
(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.
top
(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.
top
(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.
top
(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]
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§ 43.82 International circuit status reports.
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(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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