§ 63.18   Contents of applications for international common carriers.

   Except as otherwise provided in this part, any party seeking authority
   pursuant to Section 214 of the Communications Act of 1934, as amended, to
   construct  a  new  line,  or acquire or operate any line, or engage in
   transmission over or by means of such additional line for the provision of
   common  carrier communications services between the United States, its
   territories or possessions, and a foreign point shall request such authority
   by  formal  application.  The  application  shall  include information
   demonstrating  how  the grant of the application will serve the public
   interest, convenience, and necessity. Such demonstration shall consist of
   the following information, as applicable:

   (a) The name, address, and telephone number of each applicant;

   (b)  The  Government, State, or Territory under the laws of which each
   corporate or partnership applicant is organized;

   (c)  The name, title, post office address, and telephone number of the
   officer  and  any  other contact point, such as legal counsel, to whom
   correspondence concerning the application is to be addressed;

   (d)  A  statement  as to whether the applicant has previously received
   authority under Section 214 of the Act and, if so, a general description of
   the categories of facilities and services authorized (i.e., authorized to
   provide international switched services on a facilities basis);

   (e) One or more of the following statements, as pertinent:

   (1) Global facilities-based authority. If applying for authority to become a
   facilities-based international common carrier subject to § 63.22 of this
   part, the applicant shall:

   (i)  State that it is requesting Section 214 authority to operate as a
   facilities-based  carrier pursuant to § 63.18(e)(1) of this part of the
   Commission's rules;

   (ii)  List  any  countries  for  which  the applicant does not request
   authorization under this paragraph (see § 63.22(a) of this part); and

   (iii) Certify that it will comply with the terms and conditions contained in
   § § 63.21 and 63.22 of this part.

   (2)  Global  Resale Authority. If applying for authority to resell the
   international services of authorized common carriers subject to § 63.23, the
   applicant shall:

   (i) State that it is requesting Section 214 authority to operate as a resale
   carrier pursuant to § 63.18(e)(2) of this section of the Commission's rules;

   (ii)  List  any  countries  for  which  the applicant does not request
   authorization under this paragraph (see § 63.23(a) of this part); and

   (iii) Certify that it will comply with the terms and conditions contained in
   § § 63.21 and 63.23 of this part.

   (3) Other authorizations. If applying for authority to acquire facilities or
   to provide services not covered by paragraphs (e)(1) and (e)(2) of this
   section, the applicant shall provide a description of the facilities and
   services for which it seeks authorization. The applicant shall certify that
   it will comply with the terms and conditions contained in § § 63.21 and 63.22
   and/or  63.23, as appropriate. Such description also shall include any
   additional information the Commission shall have specified previously in an
   order,  public  notice  or  other  official  action  as  necessary for
   authorization.

   (f) Applicants may apply for any or all of the authority provided for in
   paragraph (e) of this section in the same application. The applicant may
   want  to  file separate applications for those services not subject to
   streamlined processing under § 63.12.

   (g)  Where  the  applicant is seeking facilities-based authority under
   paragraph (e)(3) of this section, a statement whether an authorization of
   the facilities is categorically excluded as defined by § 1.1306 of this
   chapter. If answered affirmatively, an environmental assessment as described
   in § 1.1311 of this chapter need not be filed with the application.

   (h) The name, address, citizenship and principal businesses of any person or
   entity that directly or indirectly owns at least ten percent of the equity
   of  the applicant, and the percentage of equity owned by each of those
   entities (to the nearest one percent). The applicant shall also identify any
   interlocking directorates with a foreign carrier.

   Note to paragraph (h): Ownership and other interests in U.S. and foreign
   carriers will be attributed to their holders and deemed cognizable pursuant
   to the following criteria: Attribution of ownership interests in a carrier
   that  are held indirectly by any party through one or more intervening
   corporations  will  be  determined by successive multiplication of the
   ownership percentages for each link in the vertical ownership chain and
   application of the relevant attribution benchmark to the resulting product,
   except that wherever the ownership percentage for any link in the chain that
   is equal to or exceeds 50 percent or represents actual control, it shall be
   treated as if it were a 100 percent interest. For example, if A owns 30
   percent of company X, which owns 60 percent of company Y, which owns 26
   percent of “carrier,” then X's interest in “carrier” would be 26 percent
   (the same as Y's interest because X's interest in Y exceeds 50 percent), and
   A's interest in “carrier” would be 7.8 percent (0.30 × 0.26 because A's
   interest in X is less than 50 percent). Under the 25 percent attribution
   benchmark, X's interest in “carrier” would be cognizable, while A's interest
   would not be cognizable.

   (i) A certification as to whether or not the applicant is, or is affiliated
   with, a foreign carrier. The certification shall state with specificity each
   foreign country in which the applicant is, or is affiliated with, a foreign
   carrier.

   (j) A certification as to whether or not the applicant seeks to provide
   international telecommunications services to any destination country for
   which any of the following is true. The certification shall state with
   specificity the foreign carriers and destination countries:

   (1) The applicant is a foreign carrier in that country; or

   (2) The applicant controls a foreign carrier in that country; or

   (3) Any entity that owns more than 25 percent of the applicant, or that
   controls the applicant, controls a foreign carrier in that country.

   (4) Two or more foreign carriers (or parties that control foreign carriers)
   own, in the aggregate, more than 25 percent of the applicant and are parties
   to, or the beneficiaries of, a contractual relation (e.g., a joint venture
   or market alliance) affecting the provision or marketing of international
   basic telecommunications services in the United States.

   (k) For any country that the applicant has listed in response to paragraph
   (j) of this section that is not a member of the World Trade Organization,
   the applicant shall make a demonstration as to whether the foreign carrier
   has market power, or lacks market power, with reference to the criteria in
   § 63.10(a).

   Note to paragraph (k): Under § 63.10(a), 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.

   (l) [Reserved]

   (m) With respect to regulatory classification under § 63.10 of this part, any
   applicant that is or is affiliated with a foreign carrier in a country
   listed in response to paragraph (i) of this section and that desires to be
   regulated as non-dominant for the provision of particular international
   telecommunications services to that country should provide information in
   its  application  to  demonstrate  that  it qualifies for non-dominant
   classification pursuant to § 63.10 of this part.

   (n) A certification that the applicant has not agreed to accept special
   concessions directly or indirectly from any foreign carrier with respect to
   any U.S. international route where the foreign carrier possesses market
   power  on  the  foreign  end of the route and will not enter into such
   agreements in the future.

   (o) A certification pursuant to § § 1.2001 through 1.2003 of this chapter that
   no party to the application is subject to a denial of Federal benefits
   pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. See 21 U.S.C.
   853a.

   (p) If the applicant desires streamlined processing pursuant to § 63.12, a
   statement of how the application qualifies for streamlined processing.

   (q) Any other information that may be necessary to enable the Commission to
   act on the application.

   (r)  Subject to the availability of electronic forms, all applications
   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.

   [ 61 FR 15729 , Apr. 9, 1996, as amended at  62 FR 32965 , June 17, 1997;  62 FR 45762 , Aug. 29, 1997;  62 FR 64755 , Dec. 9, 1997;  63 FR 24121 , May 1, 1998;
    64 FR 19064 , Apr. 19, 1999;  65 FR 60117 , Oct. 10, 2000;  67 FR 45390 , July 9,
   2002;  69 FR 29902 , May 26, 2004;  70 FR 38798 , July 6, 2005;  72 FR 54366 ,
   Sept. 25, 2007;  78 FR 15623 , Mar. 12, 2013;  79 FR 31877 , June 3, 2014;  80 FR 45898 , Aug. 3, 2015]

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