Goto Section: 63.21 | 63.23 | Table of Contents
FCC 63.22
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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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Goto Section: 63.21 | 63.23
Goto Year: 2014 |
2016
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