§  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 capacity
   reports as required by §  43.62 of this chapter.

   (f) The terms and conditions of any operating or other agreement
   relating 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, entered into by U.S. common carriers authorized pursuant to
   this part to provide facilities-based switched voice service on the
   U.S.-Cuba route in correspondence with a Cuban carrier that does not
   qualify for the presumption that it lacks market power in Cuba, shall
   be identical to the equivalent terms and conditions in the operating
   agreement of another carrier providing the same or similar service
   between the United States and Cuba. Carriers may seek waiver of this
   requirement. See International Settlements Policy Reform, Report and
   Order, IB Docket Nos. 11-80, 05-254, 09-10, RM 11322, FCC 12-145 (rel.
   November 29, 2012).

   (g) A carrier or other party may request Commission intervention on any
   U.S. international route for which competitive problems are alleged by
   filing with the International Bureau a petition, pursuant to this
   section, demonstrating anticompetitive behavior by foreign carriers
   that is harmful to U.S. customers. The Commission may also act on its
   own motion. Carriers and other parties filing complaints must support
   their petitions with evidence, including an affidavit and relevant
   commercial agreements. The International Bureau will review complaints
   on a case-by-case basis and take appropriate action on delegated
   authority pursuant to §  0.261 of this chapter. Interested parties will
   have 10 days from the date of issuance of a public notice of the
   petition to file comments or oppositions to such petitions and
   subsequently 7 days for replies. In the event significant, immediate
   harm to the public interest is likely to occur that cannot be addressed
   through post facto remedies, the International Bureau may impose
   temporary requirements on carriers authorized pursuant to §  63.18 of
   this chapter without prejudice to its findings on such petitions.

   (h) 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.

   Note 1 to §  63.22: For purposes of this section, foreign carrier is
   defined in §  63.09 of this chapter.

   Note 2 to §  63.22: For purposes of this section, a foreign carrier
   shall be considered to possess market power if it appears on the
   Commission's list of foreign carriers that do not qualify for the
   presumption that they lack market power in particular foreign points.
   This list is available on 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.

   [ 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;  78 FR 11112 ,
   Feb. 15, 2013;  78 FR 15624 , Mar .12, 2013]

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