Sec.  63.18   Contents of applications for international common carriers.

   Link to an amendment published at  72 FR 54366 , Sept. 25, 2007.

   Except as otherwise provided in this part, any party seeking authority
   pursuant to Section 214 of the Communications Act of 1934, as amended, to
   construct  a  new  line,  or acquire or operate any line, or engage in
   transmission over or by means of such additional line for the provision of
   common  carrier communications services between the United States, its
   territories or possessions, and a foreign point shall request such authority
   by  formal  application.  The  application  shall  include information
   demonstrating  how  the grant of the application will serve the public
   interest, convenience, and necessity. Such demonstration shall consist of
   the following information, as applicable:

   (a) The name, address, and telephone number of each applicant;

   (b)  The  Government, State, or Territory under the laws of which each
   corporate or partnership applicant is organized;

   (c)  The name, title, post office address, and telephone number of the
   officer  and  any  other contact point, such as legal counsel, to whom
   correspondence concerning the application is to be addressed;

   (d)  A  statement  as to whether the applicant has previously received
   authority under Section 214 of the Act and, if so, a general description of
   the categories of facilities and services authorized (i.e., authorized to
   provide international switched services on a facilities basis);

   (e) One or more of the following statements, as pertinent:

   (1) Global facilities-based authority. If applying for authority to become a
   facilities-based international common carrier subject to  Sec. 63.22 of this
   part, the applicant shall:

   (i)  State that it is requesting Section 214 authority to operate as a
   facilities-based  carrier pursuant to  Sec. 63.18(e)(1) of this part of the
   Commission's rules;

   (ii)  List  any  countries  for  which  the applicant does not request
   authorization under this paragraph (see  Sec. 63.22(a) of this part); and

   (iii) Certify that it will comply with the terms and conditions contained in
    Sec.  Sec. 63.21 and 63.22 of this part.

   (2)  Global  resale authority. If applying for authority to resell the
   international services of authorized U.S. common carriers subject to  Sec. 63.23
   of this part, the applicant shall:

   (i) State that it is requesting Section 214 authority to operate as a resale
   carrier pursuant to  Sec. 63.18(e)(2) of this section of the Commission's rules;

   (ii)  List  any  countries  for  which  the applicant does not request
   authorization under this paragraph (see  Sec. 63.23(a) of this part); and

   (iii) Certify that it will comply with the terms and conditions contained in
    Sec.  Sec. 63.21 and 63.23 of this part.

   (3) Other authorizations. If applying for authority to acquire facilities or
   to provide services not covered by paragraphs (e)(1) and (e)(2) of this
   section, the applicant shall provide a description of the facilities and
   services for which it seeks authorization. The applicant shall certify that
   it will comply with the terms and conditions contained in  Sec. 63.21 and  Sec. 63.22
   and/or  Sec. 63.23, as appropriate. Such description also shall include any
   additional information the Commission shall have specified previously in an
   order,  public  notice  or  other  official  action  as  necessary for
   authorization.

   (f) Applicants may apply for any or all of the authority provided for in
   paragraph (e) of this section in the same application. The applicant may
   want  to  file separate applications for those services not subject to
   streamlined processing under  Sec. 63.12.

   (g)  Where  the  applicant is seeking facilities-based authority under
   paragraph (e)(3) of this section, a statement whether an authorization of
   the facilities is categorically excluded as defined by  Sec. 1.1306 of this
   chapter. If answered affirmatively, an environmental assessment as described
   in  Sec. 1.1311 of this chapter need not be filed with the application.

   (h) The name, address, citizenship and principal businesses of any person or
   entity that directly or indirectly owns at least ten percent of the equity
   of  the applicant, and the percentage of equity owned by each of those
   entities (to the nearest one percent). The applicant shall also identify any
   interlocking directorates with a foreign carrier.

   Note to paragraph(h): Ownership and other interests in U.S. and foreign
   carriers will be attributed to their holders and deemed cognizable pursuant
   to the following criteria: Attribution of ownership interests in a carrier
   that  are held indirectly by any party through one or more intervening
   corporations  will  be  determined by successive multiplication of the
   ownership percentages for each link in the vertical ownership chain and
   application of the relevant attribution benchmark to the resulting product,
   except that wherever the ownership percentage for any link in the chain that
   is equal to or exceeds 50 percent or represents actual control, it shall be
   treated as if it were a 100 percent interest. For example, if A owns 30
   percent of company X, which owns 60 percent of company Y, which owns 26
   percent of “carrier,” then X's interest in “carrier” would be 26 percent
   (the same as Y's interest because X's interest in Y exceeds 50 percent), and
   A's  interest in “carrier” would be 7.8 percent (0.30×0.26 because A's
   interest in X is less than 50 percent). Under the 25 percent attribution
   benchmark, X's interest in “carrier” would be cognizable, while A's interest
   would not be cognizable.

   (i) A certification as to whether or not the applicant is, or is affiliated
   with, a foreign carrier. The certification shall state with specificity each
   foreign country in which the applicant is, or is affiliated with, a foreign
   carrier.

   (j) A certification as to whether or not the applicant seeks to provide
   international telecommunications services to any destination country for
   which any of the following is true. The certification shall state with
   specificity the foreign carriers and destination countries:

   (1) The applicant is a foreign carrier in that country; or

   (2) The applicant controls a foreign carrier in that country; or

   (3) Any entity that owns more than 25 percent of the applicant, or that
   controls the applicant, controls a foreign carrier in that country.

   (4) Two or more foreign carriers (or parties that control foreign carriers)
   own, in the aggregate, more than 25 percent of the applicant and are parties
   to, or the beneficiaries of, a contractual relation (e.g., a joint venture
   or market alliance) affecting the provision or marketing of international
   basic telecommunications services in the United States.

   (k) For any destination country listed by the applicant in response to
   paragraph (j) of this section, the applicant shall make one of the following
   showings:

   (1) The named foreign country (i.e., the destination foreign country) is a
   Member of the World Trade Organization; or

   (2) The applicant's affiliated foreign carrier lacks market power in the
   named foreign country; or

   (3) The named foreign country provides effective competitive opportunities
   to U.S. carriers to compete in that country's market for the service that
   the applicant seeks to provide (facilities-based, resold switched, or resold
   non-interconnected  private  line  services). An effective competitive
   opportunities demonstration should address the following factors:

   (i)  If  the applicant seeks to provide facilities-based international
   services, the legal ability of U.S. carriers to enter the foreign market and
   provide facilities-based international services, in particular international
   message telephone service (IMTS);

   (ii) If the applicant seeks to provide resold services, the legal ability of
   U.S. carriers to enter the foreign market and provide resold international
   switched services (for switched resale applications) or non-interconnected
   private  line  services  (for  non-interconnected  private line resale
   applications);

   (iii) Whether there exist reasonable and nondiscriminatory charges, terms
   and  conditions  for  interconnection  to a foreign carrier's domestic
   facilities for termination and origination of international services or the
   provision of the relevant resale service;

   (iv) Whether competitive safeguards exist in the foreign country to protect
   against anticompetitive practices, including safeguards such as:

   (A) Existence of cost-allocation rules in the foreign country to prevent
   cross-subsidization;

   (B) Timely and nondiscriminatory disclosure of technical information needed
   to use, or interconnect with, carriers' facilities; and

   (C) Protection of carrier and customer proprietary information;

   (v)  Whether there is an effective regulatory framework in the foreign
   country   to   develop,  implement  and  enforce  legal  requirements,
   interconnection arrangements and other safeguards; and

   (vi) Any other factors the applicant deems relevant to its demonstration.

   (l)  Any  applicant that proposes to resell the international switched
   services  of an unaffiliated U.S. carrier for the purpose of providing
   international telecommunications services to a country where it is a foreign
   carrier or is affiliated with a foreign carrier shall either provide a
   showing that would satisfy  Sec. 63.10(a)(3) of this part or state that it will
   file the quarterly traffic reports required by  Sec. 43.61(c) of this chapter.

   (m) With respect to regulatory classification under  Sec. 63.10 of this part, any
   applicant that is or is affiliated with a foreign carrier in a country
   listed in response to paragraph (i) of this section and that desires to be
   regulated as non-dominant for the provision of particular international
   telecommunications services to that country should provide information in
   its  application  to  demonstrate  that  it qualifies for non-dominant
   classification pursuant to  Sec. 63.10 of this part.

   (n) A certification that the applicant has not agreed to accept special
   concessions directly or indirectly from any foreign carrier with respect to
   any U.S. international route where the foreign carrier possesses market
   power  on  the  foreign  end of the route and will not enter into such
   agreements in the future.

   (o) A certification pursuant to  Sec.  Sec. 1.2001 through 1.2003 of this chapter that
   no party to the application is subject to a denial of Federal benefits
   pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. See 21 U.S.C.
   853a.

   (p) If the applicant desires streamlined processing pursuant to  Sec. 63.12, a
   statement of how the application qualifies for streamlined processing.

   (q)  Subject to the availability of electronic forms, all applications
   described  in  this  section  must be filed electronically through the
   International  Bureau  Filing  System (IBFS). A list of forms that are
   available for electronic filing can be found on the IBFS homepage. For
   information on electronic filing requirements, see part 1,  Sec.  Sec. 1.1000 through
   1.10018 of this chapter and the IBFS homepage at http://www.fcc.gov/ibfs.
   See also  Sec.  Sec. 63.20 and 63.53.

   [ 61 FR 15729 , Apr. 9, 1996, as amended at  62 FR 32965 , June 17, 1997;  62 FR 45762 , Aug. 29, 1997;  62 FR 64755 , Dec. 9, 1997;  63 FR 24121 , May 1, 1998;
    64 FR 19064 , Apr. 19, 1999;  65 FR 60117 , Oct. 10, 2000;  67 FR 45390 , July 9,
   2002;  69 FR 29902 , May 26, 2004;  70 FR 38798 , July 6, 2005]