FCC 63.23 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 63.23 Resale-based international common carriers.
Link to an amendment published at 72 FR 54366 , Sept. 25, 2007.
The following conditions apply to carriers authorized to resell the
international services of other authorized carriers:
(a) A carrier authorized under Sec. 63.18(e)(2) may provide resold international
services to international points for which the applicant qualifies for
non-dominant regulation as set forth in Sec. 63.10, except that the carrier may
not provide either of the following services unless it has received specific
authority to do so under Sec. 63.18(e)(3):
(1) Resold switched services to a non-WTO Member country where the applicant
is, or is affiliated with, a foreign carrier; and
(2) Switched or private line services over resold private lines to a
destination market where the applicant is, or is affiliated with, a foreign
carrier and the Commission has not determined that the foreign carrier lacks
market power in the destination market (see Sec. 63.10(a)).
(b) The carrier may not resell the international services of an affiliated
carrier regulated as dominant on the route to be served unless it has
received specific authority to do so under Sec. 63.18(e)(3).
(c) Except as provided in paragraph (b) of this section, the carrier may
resell the international services of any authorized common carrier, pursuant
to that carrier's tariff or contract duly filed with the Commission, for the
provision of international basic switched, private line, data, television
and business services to all international points.
(d) The carrier may provide switched basic services over its authorized
resold private lines in either of the following two circumstances:
(1) The country at the foreign end of the private line appears on the
Commission's list of international routes exempted from the international
settlements policy set forth in Sec. 64.1002 of this chapter; or
(2) The carrier is exchanging switched traffic with a foreign carrier that
lacks market power in the country at the foreign end of the private line. A
foreign carrier lacks market power for purposes of this section if it does
not appear on the Commission's list of foreign carriers that do not qualify
for the presumption that they lack market power in particular foreign
points.
Note to paragraph(d): The Commission's list of international routes exempted
from the international settlements policy, and the Commission's list of
foreign carriers that do not qualify for the presumption that they lack
market power in particular foreign points are available on the International
Bureau's World Wide Web site at http://www.fcc.gov/ib .
(e) Any party certified to provide international resold private lines to a
particular geographic market shall report its circuit additions on an annual
basis. Circuit additions should indicate the specific services provided
(e.g., IMTS or private line) and the country served. This report shall be
filed on a consolidated basis not later than March 31 for the preceding
calendar year.
(f) The authority granted under this part is subject to all Commission rules
and regulations and any conditions or limitations stated in the Commission's
public notice or order that serves as the carrier's Section 214 certificate.
See Sec. Sec. 63.12, 63.21 of this part.
[ 64 FR 19066 , Apr. 19, 1999, as amended at 64 FR 34741 , June 29, 1999; 67 FR 45391 , July 9, 2002; 69 FR 23154 , Apr. 28, 2004]
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