Goto Section: 1.767 | 1.771 | Table of Contents
FCC 1.768
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.768 Notification by and prior approval for submarine cable landing
licensees that are or propose to become affiliated with a foreign carrier.
Any entity that is licensed by the Commission (“licensee”) to land or
operate a submarine cable landing in a particular foreign destination market
that becomes, or seeks to become, affiliated with a foreign carrier that is
authorized to operate in that market, including an entity that owns or
controls a cable landing station in that market, shall notify the Commission
of that affiliation.
(a) Affiliations requiring prior notification: Except as provided in
paragraph (b) of this section, the licensee must notify the Commission,
pursuant to this section, forty-five (45) days before consummation of either
of the following types of transactions:
(1) Acquisition by the licensee, or by any entity that controls the
licensee, or by any entity that directly or indirectly owns more than
twenty-five percent (25%) of the capital stock of the licensee, of a
controlling interest in a foreign carrier that is authorized to operate in a
market where the cable lands; or
(2) Acquisition of a direct or indirect interest greater than twenty-five
percent (25%), or of a controlling interest, in the capital stock of the
licensee by a foreign carrier that is authorized to operate in a market
where the cable lands, or by an entity that controls such a foreign carrier.
(b) Exceptions: (1) Notwithstanding paragraph (a) of this section, the
notification required by this section need not be filed before consummation,
and may instead by filed pursuant to paragraph (c) of this section, if
either of the following is true with respect to the named foreign carrier,
regardless of whether the destination market where the cable lands is a
World Trade Organization (WTO) or non-WTO Member:
(i) The Commission has previously determined in an adjudication that the
foreign carrier lacks market power in that destination market (for example,
in an international section 214 application or a declaratory ruling
proceeding); or
(ii) The foreign carrier owns no 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 a cable landing station
or in bare capacity in international or domestic telecommunications
facilities (excluding switches).
(2) In the event paragraph (b)(1) of this section cannot be satisfied,
notwithstanding paragraph (a) of this section, the notification required by
this section need not be filed before consummation, and may instead be filed
pursuant to paragraph (c) of this section, if the licensee certifies that
the destination market where the cable lands is a WTO Member and provides
certification to satisfy either of the following:
(i) The licensee demonstrates that its foreign carrier affiliate lacks
market power in the cable's destination market pursuant to § 63.10(a)(3) of
this chapter (see § 63.10(a)(3) of this chapter); or
(ii) The licensee agrees to comply with the reporting requirements contained
in § 1.767(l) effective upon the acquisition of the affiliation. See
§ 1.767(l).
(c) Notification after consummation: Any licensee that becomes affiliated
with a foreign carrier and has not previously notified the Commission
pursuant to the requirements of this section shall notify the Commission
within thirty (30) days after consummation of the acquisition.
Example 1 to paragraph (c). Acquisition by a licensee (or by any entity that
directly or indirectly controls, is controlled by, or is under direct or
indirect common control with the licensee) of a direct or indirect interest
in a foreign carrier that is greater than twenty-five percent (25%) but not
controlling is subject to paragraph (c) of this section but not to paragraph
(a) of this section.
Example 2 to paragraph (c). Notification of an acquisition by a licensee of
a hundred percent (100%) interest in a foreign carrier may be made after
consummation, pursuant to paragraph (c) of this section, if the foreign
carrier operates only as a resale carrier.
Example 3 to paragraph (c). Notification of an acquisition by a foreign
carrier from a WTO Member of a greater than twenty-five percent (25%)
interest in the capital stock of the licensee may be made after
consummation, pursuant to paragraph (c) of this section, if the licensee
demonstrates in the post-notification that the foreign carrier lacks market
power in the cable's destination market or the licensee agrees to comply
with the reporting requirements contained in § 1.767(l) effective upon the
acquisition of the affiliation.
(d) Cross-reference: In the event a transaction requiring a foreign carrier
notification pursuant to this section also requires a transfer of control or
assignment application pursuant to the requirements of the license granted
under § 1.767 or § 1.767(g), the foreign carrier notification shall reference
in the notification the transfer of control or assignment application and
the date of its filing. See § 1.767(g).
(e) Contents of notification: The notification shall certify the following
information:
(1) The name of the newly affiliated foreign carrier and the country or
countries at the foreign end of the cable in which it is authorized to
provide telecommunications services to the public or where it owns or
controls a cable landing station;
(2) Which, if any, of those countries is a Member of the World Trade
Organization;
(3) The name of the cable system that is the subject of the notification,
and the FCC file number(s) under which the license was granted;
(4) The name, address, citizenship, and principal business of any person or
entity that directly or indirectly owns at least ten percent (10%) of the
equity of the licensee, and the percentage of equity owned by each of those
entities (to the nearest one percent (1%));
(5) Interlocking directorates. The name of any interlocking directorates, as
defined in § 63.09(g) of this chapter, with each foreign carrier named in the
notification. See § 63.09(g) of this chapter.
(6) With respect to each foreign carrier named in the notification, a
statement as to whether the notification is subject to paragraph (a) or (c)
of this section. In the case of a notification subject to paragraph (a) of
this section, the licensee shall include the projected date of closing. In
the case of a notification subject to paragraph (c) of this section, the
licensee shall include the actual date of closing.
(7) If a licensee relies on an exception in paragraph (b) of this section,
then a certification as to which exception the foreign carrier satisfies and
a citation to any adjudication upon which the licensee is relying. Licensees
relying upon the exceptions in paragraph (b)(2) of this section must make
the required certified demonstration in paragraph (b)(2)(i) of this section
or the certified commitment to comply with the reporting requirements in
paragraph (b)(2)(ii) of this section in the notification required by
paragraph (c) of this section.
(f) If the licensee seeks to be excepted from the reporting requirements
contained in § 1.767(l), the licensee should demonstrate that each foreign
carrier affiliate named in the notification lacks market power pursuant to
§ 63.10(a)(3) of this chapter. See § 63.10(a)(3) of this chapter.
(g) Procedure. After the Commission issues a public notice of the
submissions made under this section, interested parties may file comments
within fourteen (14) days of the public notice.
(1) If the Commission deems it necessary at any time before or after the
deadline for submission of public comments, the Commission may impose
reporting requirements on the licensee based on the provisions of § 1.767(l).
See § 1.767(l).
(2) In the case of a prior notification filed pursuant to paragraph (a) of
this section, the authorized U.S. licensee must demonstrate that it
continues to serve the public interest for it to retain its interest in the
cable landing license for that segment of the cable that lands in the
non-WTO destination market. Such a showing shall include a demonstration as
to whether the foreign carrier lacks market power in the non-WTO destination
market with reference to the criteria in § 63.10(a) of this chapter. In
addition, upon request of the Commission, the licensee shall provide the
information specified in § 1.767(a)(8). If the licensee is unable to make the
required showing or is notified by the Commission that the affiliation may
otherwise harm the public interest pursuant to the Commission's policies and
rules under 47 U.S.C. 34 through 39 and Executive Order No. 10530, dated May
10, 1954, then the Commission may impose conditions necessary to address any
public interest harms or may proceed to an immediate authorization
revocation hearing.
Note to paragraph (g)(2): Under § 63.10(a) of this chapter, the Commission
presumes, subject to rebuttal, that a foreign carrier lacks market power in
a particular foreign country if the applicant demonstrates that the foreign
carrier lacks 50 percent market share in international transport facilities
or services, including cable landing station access and backhaul facilities,
intercity facilities or services, and local access facilities or services on
the foreign end of a particular route.
(h) All licensees are responsible for the continuing accuracy of information
provided pursuant to this section for a period of forty-five (45) days after
filing. During this period if the information furnished is no longer
accurate, the licensee shall as promptly as possible, and in any event
within ten (10) days, unless good cause is shown, file with the Commission a
corrected notification referencing the FCC file numbers under which the
original notification was provided.
(i) A licensee that files a prior notification pursuant to paragraph (a) of
this section may request confidential treatment of its filing, pursuant to
§ 0.459 of this chapter, for the first twenty (20) days after filing.
(j) Subject to the availability of electronic forms, all notifications
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 and the IBFS homepage at http://www.fcc.gov/ibfs. See also § § 63.20
and 63.53.
Note to § 1.768: The terms “affiliated” and “foreign carrier,” as used in
this section, are defined as in § 63.09 of this chapter except that the term
“foreign carrier” also shall include an entity that owns or controls a cable
landing station in a foreign market.
[ 67 FR 1622 , Jan. 14, 2002, as amended at 70 FR 38797 , July 6, 2005; 79 FR 31877 , June 3, 2014]
return arrow Back to Top
Tariffs
return arrow Back to Top
Goto Section: 1.767 | 1.771
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public