§  64.1001   Requests to modify international settlements arrangements.

   (a) The procedures set forth in this rule apply to carriers that are
   required to file with the International Bureau, pursuant to §  43.51(e)
   of this chapter, requests to modify international settlement
   arrangements. Any operating agreement or amendment for which a
   modification request is required to be filed cannot become effective
   until the modification request has been granted under paragraph (e) of
   this section.

   (b) A modification request must contain the following information:

   (1) The applicable international service;

   (2) The name of the foreign telecommunications administration;

   (3) The present accounting rate (including any surcharges);

   (4) The new accounting rate (including any surcharges);

   (5) The effective date;

   (6) The division of the accounting rate; and

   (7) An explanation of any proposed modification(s) in the operating
   agreement with the foreign correspondent.

   (c) A modification request must contain a notarized statement that the
   filing carrier:

   (1) Has not bargained for, nor has knowledge of, exclusive availability
   of the new accounting rate;

   (2) Has not bargained for, nor has any indication that it will receive,
   more than its proportionate share of return traffic; and

   (3) Has informed the foreign administration that U.S. policy requires
   that competing U.S. carriers have access to accounting rates negotiated
   by the filing carrier with the foreign administration on a
   nondiscriminatory basis.

   (d) Carriers must serve a copy of the modification request on all
   carriers providing the same or similar service to the foreign
   administration identified in the filing on the same day a modification
   request is filed.

   (e) All modification requests will be subject to a twenty-one (21) day
   pleading period for objections or comments, commencing the date after
   the request is filed. If the modification request is not complete when
   filed, the carrier will be notified that additional information is to
   be submitted, and a new 21 day pleading period will begin when the
   additional information is filed. The modification request will be
   deemed granted as of the twenty-second (22nd) day without any formal
   staff action being taken: provided

   (1) No objections have been filed, and

   (2) The International Bureau has not notified the carrier that grant of
   the modification request may not serve the public interest and that
   implementation of the proposed modification must await formal staff
   action on the modification request. If objections or comments are
   filed, the carrier requesting the modification request may file a
   response pursuant to §  1.45 of this chapter. Modification requests that
   are formally opposed must await formal action by the International
   Bureau before the proposed modification can be implemented.

   (f) Subject to the availability of electronic forms, all modifications
   and related submissions described in this section must be filed
   electronically through the International Bureau Filing System (IBFS). A
   list of forms that are available for electronic filing can be found on
   the IBFS homepage. For information on electronic filing requirements,
   see part 1, § §  1.1000 through 1.10018 of this chapter and the IBFS
   homepage at http://www.fcc.gov/ibfs. See also § §  63.20 and 63.53.

   [ 56 FR 25372 , June 4, 1991, as amended at  58 FR 4354 , Jan. 14, 1993;  60 FR 5333 , Jan. 27, 1995;  62 FR 5541 , Feb. 6, 1997;  62 FR 64758 , Dec. 9,
   1997;  64 FR 34742 , June 29, 1999;  66 FR 16882 , Mar. 28, 2001;  69 FR 23154 , Apr. 28, 2004;  69 FR 29903 , May 26, 2004;  69 FR 40327 , July 2,
   2004;  70 FR 38800 , July 6, 2005]

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