Sec.  43.51   Contracts and concessions.

   (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  Sec. 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  Sec. 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  Sec. 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  Sec. 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
    Sec. 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  Sec. 64.1001 of
   this chapter. The operating or other agreement cannot become effective until
   the modification request has been granted under paragraph  Sec. 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  Sec. 64.1001 of this
   chapter. The amendment to the operating or other agreement cannot become
   effective until the modification request has been granted under  Sec. 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
    Sec. 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  Sec. 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  Sec. 43.51(f).

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

   Note  2  to   Sec. 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  Sec. 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  Sec. 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]