§  63.22   Facilities-based international common carriers.

   The following conditions apply to authorized facilities-based
   international carriers:

   (a) A carrier authorized under § 63.18(e)(1) may provide international
   facilities-based services to international points for which it
   qualifies for non-dominant regulation as set forth in § 63.10, except in
   the following circumstance: If the carrier is, or is affiliated with, a
   foreign carrier in a destination market and the Commission has not
   determined that the foreign carrier lacks market power in the
   destination market (see § 63.10(a)), the carrier shall not provide
   service on that route unless it has received specific authority to do
   so under § 63.18(e)(3).

   (b) The carrier may provide service using half-circuits on any U.S.
   common carrier and non-common carrier facilities that do not appear on
   an exclusion list published by the Commission. Carriers may also use
   any necessary non-U.S.-licensed facilities, including any submarine
   cable systems, that do not appear on the exclusion list. Carriers may
   not use U.S. earth stations to access non-U.S.-licensed satellite
   systems unless the Commission has specifically approved the use of
   those satellites and so indicates on the exclusion list. The exclusion
   list is available from the International Bureau's World Wide Web site
   at http://www.fcc.gov/ib.

   (c) Specific authority under § 63.18(e)(3) is required for the carrier
   to provide service using any facilities listed on the exclusion list,
   to provide service between the United States and any country on the
   exclusion list, or to construct, acquire, or operate lines in any new
   major common carrier facility project.

   (d) The carrier may provide international basic switched, private line,
   data, television and business services.

   (e) The carrier shall file annual international circuit status reports
   as required by § 43.82 of this chapter.

   (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 § § 63.12, 63.21 of this part.

   [ 64 FR 19065 , Apr. 19, 1999, as amended at  64 FR 34741 , June 29, 1999;
    67 FR 45391 , July 9, 2002;  69 FR 23154 , Apr. 28, 2004]