Goto Section: 63.09 | 63.11 | Table of Contents
FCC 63.10
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 63.10 Regulatory classification of U.S. international carriers.
(a) Unless otherwise determined by the Commission, any party authorized to
provide an international communications service under this part shall be
classified as either dominant or non-dominant for the provision of
particular international communications services on particular routes as set
forth in this section. The rules set forth in this section shall also apply
to determinations of regulatory status pursuant to § § 63.11 and 63.13. For
purposes of paragraphs (a)(2) and (a)(3) of this section, the relevant
markets on the foreign end of a U.S. international route include:
international transport facilities or services, including cable landing
station access and backhaul facilities; inter-city facilities or services;
and local access facilities or services on the foreign end of a particular
route.
(1) A U.S. carrier that has no affiliation with, and that itself is not, a
foreign carrier in a particular country to which it provides service (i.e.,
a destination country) shall presumptively be considered non-dominant for
the provision of international communications services on that route;
(2) Except as provided in paragraph (a)(4) of this section, a U.S. carrier
that is, or that has or acquires an affiliation with a foreign carrier that
is a monopoly provider of communications services in a relevant market in a
destination country shall presumptively be classified as dominant for the
provision of international communications services on that route; and
(3) A U.S. carrier that is, or that has or acquires an affiliation with a
foreign carrier that is not a monopoly provider of communications services
in a relevant market in a destination country and that seeks to be regulated
as non-dominant on that route bears the burden of submitting information to
the Commission sufficient to demonstrate that its foreign affiliate lacks
sufficient market power on the foreign end of the route to affect
competition adversely in the U.S. market. If the U.S. carrier demonstrates
that the foreign affiliate lacks 50 percent market share in the
international transport and the local access markets on the foreign end of
the route, the U.S. carrier shall presumptively be classified as
non-dominant.
(4) A carrier that is authorized under this part to provide to a particular
destination an international switched service, and that provides such
service solely through the resale of an unaffiliated U.S. facilities-based
carrier's international switched services (either directly or indirectly
through the resale of another U.S. resale carrier's international switched
services), shall presumptively be classified as non-dominant for the
provision of the authorized service. A carrier regulated as non-dominant
pursuant to this subparagraph shall notify the Commission at any time that
it begins to provide such service through the resale of an affiliated U.S.
facilities-based carrier's international switched services. The carrier will
be deemed a dominant carrier on the route absent a Commission finding that
the carrier otherwise qualifies for non-dominant regulation pursuant to this
section.
(b) Any party that seeks to defeat the presumptions in paragraph (a) of this
section shall bear the burden of proof upon any issue it raises as to the
proper classification of the U.S. carrier.
(c) Any carrier classified as dominant for the provision of particular
services on particular routes under this section shall comply with the
following requirements in its provision of such services on each such route:
(1) Provide services as an entity that is separate from its foreign carrier
affiliate, in compliance with the following requirements:
(i) The authorized carrier shall maintain separate books of account from its
affiliated foreign carrier. These separate books of account do not need to
comply with part 32 of this chapter; and
(ii) The authorized carrier shall not jointly own transmission or switching
facilities with its affiliated foreign carrier. Nothing in this section
prohibits the U.S. carrier from sharing personnel or other resources or
assets with its foreign affiliate;
(2) File quarterly reports on traffic and revenue within 90 days from the
end of each calendar quarter consistent with the format set out by the
§ 43.62 filing manual.
(3) File quarterly reports summarizing the provisioning and maintenance of
all basic network facilities and services procured from its foreign carrier
affiliate or from an allied foreign carrier, including, but not limited to,
those it procures on behalf of customers of any joint venture for the
provision of U.S. basic or enhanced services in which the authorized carrier
and the foreign carrier participate, within 90 days from the end of each
calendar quarter. These reports should contain the following: the types of
circuits and services provided; the average time intervals between order and
delivery; the number of outages and intervals between fault report and
service restoration; and for circuits used to provide international switched
service, the percentage of “peak hour” calls that failed to complete;
(4) In the case of an authorized facilities-based carrier, file quarterly,
within 90 days from the end of each calendar quarter, a report of its active
and idle 64 kbps or equivalent circuits by facility (terrestrial, satellite
and submarine cable).
(5) If authorized to provide facilities-based service, comply with paragraph
(e) of this section.
(d) A carrier classified as dominant under this section shall file an
original and two copies of each report required by paragraphs (c)(3),
(c)(4), and (c)(5) of this section with the Chief, International Bureau. The
carrier shall also file one copy of these reports with the Commission's copy
contractor. The transmittal letter accompanying each report shall clearly
identify the report as responsive to the appropriate paragraph of § 63.10(c).
(e) Except as otherwise ordered by the Commission, a carrier that is
classified as dominant under this section for the provision of
facilities-based services on a particular route and that is affiliated with
a carrier that collects settlement payments for terminating U.S.
international switched traffic at the foreign end of that route may not
provide switched facilities-based service on that route unless the current
rates the affiliate charges U.S. international carriers to terminate traffic
are at or below the Commission's relevant benchmark adopted in IB Docket No.
96-261. See FCC 97-280 (rel. Aug. 18, 1997) (available at the FCC's
Reference Operations Division, Washington, D.C. 20554, and on the FCC's
World Wide Web Site at http://www.fcc.gov).
[ 62 FR 64752 , Dec. 9, 1997, as amended at 64 FR 19062 , Apr. 19, 1999; 64 FR 46593 , Aug. 26, 1999; 64 FR 47702 , Sept. 1, 1999; 66 FR 16881 , Mar. 28,
2001; 67 FR 45390 , July 9, 2002; 78 FR 15623 , Mar. 12, 2013]
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Goto Section: 63.09 | 63.11
Goto Year: 2014 |
2016
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