§  63.14   Prohibition on agreeing to accept special concessions.

   (a) Any carrier authorized to provide international communications
   service under this part shall be prohibited, except as provided in
   paragraph (c) of this section, from agreeing to accept special
   concessions directly or indirectly from any foreign carrier with
   respect to any U.S. international route where the foreign carrier
   possesses sufficient market power on the foreign end of the route to
   affect competition adversely in the U.S. market and from agreeing to
   accept special concessions in the future.

   Note to paragraph (a): Carriers may 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 foreign carriers are the subject of the prohibitions contained in
   this section. The Commission's list of foreign carriers that do not
   qualify for the presumption that they lack market power is available
   from the International Bureau's World Wide Web site at
   http://www.fcc.gov/ib.

   (b) A special concession is defined as an exclusive arrangement
   involving services, facilities, or functions on the foreign end of a
   U.S. international route that are necessary for the provision of basic
   telecommunications services where the arrangement is not offered to
   similarly situated U.S.-licensed carriers and involves:

   (1) Operating agreements for the provision of basic services;

   (2) Distribution arrangements or interconnection arrangements,
   including pricing, technical specifications, functional capabilities,
   or other quality and operational characteristics, such as provisioning
   and maintenance times; or

   (3) Any information, prior to public disclosure, about a foreign
   carrier's basic network services that affects either the provision of
   basic or enhanced services or interconnection to the foreign country's
   domestic network by U.S. carriers or their U.S. customers.

   (c) This section shall not apply to the rates, terms and conditions in
   an agreement between a U.S. carrier and a foreign carrier that govern
   the settlement of U.S. international traffic, including the method for
   allocating return traffic, if the U.S. international route is exempt
   from the international settlements policy set forth in § 64.1002 of
   this chapter.

   Note to paragraph (c): 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 .

   [ 62 FR 64754 , Dec. 9, 1997, as amended at  64 FR 19063 , Apr. 19, 1999;
    64 FR 34741 , June 29, 1999;  66 FR 16881 , Mar. 28, 2001;  69 FR 23154 ,
   Apr. 28, 2004]