Goto Section: 63.11 | 63.13 | Table of Contents
FCC 63.12
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 63.12 Processing of international Section 214 applications.
(a) Except as provided by paragraph (c) of this section, a complete
application seeking authorization under Sec. 63.18 of this part shall be granted
by the Commission 14 days after the date of public notice listing the
application as accepted for filing.
(b) The applicant may commence operation on the 15th day after the date of
public notice listing the application as accepted for filing, but only in
accordance with the operations proposed in its application and the rules,
regulations, and policies of the Commission. The public notice of the grant
of the authorization shall represent the applicant's Section 214
certificate.
(c) The streamlined processing procedures provided by paragraphs (a) and (b)
of this section shall not apply where:
(1) The applicant is affiliated with a foreign carrier in a destination
market, unless the applicant clearly demonstrates in its application at
least one of the following:
(i) The Commission has previously determined that the affiliated foreign
carrier lacks market power in that destination market;
(ii) The applicant qualifies for a presumption of non-dominance under
Sec. 63.10(a)(3);
(iii) The affiliated foreign carrier owns no facilities, or only mobile
wireless facilities, in that destination market. For this purpose, a carrier
is said to own facilities if it holds an ownership,
indefeasible-right-of-user, or leasehold interest in bare capacity in
international or domestic telecommunications facilities (excluding
switches);
(iv) The affiliated destination market is a WTO Member country and the
applicant qualifies for a presumption of non-dominance under Sec. 63.10(a)(4)of
this part;
(v) The affiliated destination market is a WTO Member country and the
applicant agrees to be classified as a dominant carrier to the affiliated
destination country under Sec. 63.10, without prejudice to its right to petition
for reclassification at a later date; or
(vi) An entity with exactly the same ultimate ownership as the applicant has
been authorized to provide the applied-for services on the affiliated
destination route, and the applicant agrees to be subject to all of the
conditions to which the authorized carrier is subject for its provision of
service on that route; or
(2) The applicant has an affiliation with a dominant U.S. carrier whose
international switched or private line services the applicant seeks
authority to resell (either directly or indirectly through the resale of
another reseller's services), unless the applicant agrees to be classified
as a dominant carrier to the affiliated destination country under Sec. 63.10
(without prejudice to its right to petition for reclassification at a later
date); or
(3) The Commission has informed the applicant in writing, within 14 days
after the date of public notice listing the application as accepted for
filing, that the application is not eligible for streamlined processing.
(d) If an application is deemed complete but, pursuant to paragraph (c) of
this section, is deemed ineligible for the streamlined processing procedures
provided by paragraphs (a) and (b) of this section, the Commission will
issue public notice indicating that the application is ineligible for
streamlined processing. Within 90 days of the public notice, the Commission
will take action upon the application or provide public notice that, because
the application raises questions of extraordinary complexity, an additional
90-day period for review is needed. Each successive 90-day period may be so
extended. The application shall not be deemed granted until the Commission
affirmatively acts upon the application. Operation for which such
authorization is sought may not commence except in accordance with any terms
or conditions imposed by the Commission.
[ 62 FR 64753 , Dec. 9, 1997, as amended at 64 FR 19063 , Apr. 19, 1999; 64 FR 22903 , Apr. 28, 1999; 64 FR 43095 , Aug. 9, 1999; 69 FR 23154 , Apr. 28, 2004]
Goto Section: 63.11 | 63.13
Goto Year: 2007 |
2009
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