Goto Section: 63.13 | 63.17 | Table of Contents
FCC 63.14
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 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 http://www.fcc.gov/ib.
(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, if the U.S. international route is exempt from
the international settlements policy set forth in Sec. 64.1002 of this chapter.
Note to Paragraph (c): 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 .
[ 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]
Goto Section: 63.13 | 63.17
Goto Year: 2006 |
2008
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