Sec. 63.11  Notification by and prior approval for U.S. international 
          carriers that have or propose to acquire ten percent 
          investments by, and/or an affiliation with, a foreign carrier.

    (a) Any carrier authorized to provide international communications 
service under this part that, as of the effective date of this rule as 
amended in IB Docket No. 95-22, is, or has an affiliation with, a 
foreign carrier within the meaning of Sec. 63.18 (h)(1)(i)(A) or 
(h)(1)(i)(B), or that as of such date knows of an existing ten percent 
or greater interest, whether direct or indirect, in the capital stock of 
the authorized carrier by a foreign carrier, or that after the effective 
date of this rule becomes affiliated with a foreign carrier within the 
meaning of Sec. 63.18(h)(1)(i)(A), shall notify the Commission within 
thirty days of the effective date of this rule or within thirty days of 
the acquisition of the affiliation, whichever occurs later. For purposes 
of this section, ``foreign carrier'' is defined as set forth in 
Sec. 63.18(h)(1)(ii).
    (1) The notification shall certify to the information specified in 
paragraph (c) of this section.
    (2) Any carrier that has previously notified the Commission of an 
affiliation with a foreign carrier, as defined by Sec. 63.18(h)(1) 
immediately prior to the rule's amendment in IB Docket No. 95-22, need 
not notify the Commission again of the same affiliation.
    (b) Any carrier authorized to provide international communications 
service under this part that knows of a planned investment by a foreign 
carrier of a ten percent or greater interest, whether direct or 
indirect, in the capital stock of the autorized carrier shall notify the 
Commission sixty days prior to the acquisition of such interest. Any 
such authorized carrier shall report a ten percent or greater planned 
investment in the capital stock of the carrier by a foreign carrier, or 
by any entity that directly or indirectly controls or is controlled by a 
foreign carrier, or that

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is under direct or indirect common control with a foreign carrier. The 
notification shall certify to the information specified in paragraph (c) 
of this section. Carriers that have filed a notification pursuant to 
this paragraph are required to maintain the accuracy of the initial 
filing by notifying the Commission of additional investment interests by 
the foreign carrier or an affiliated company.
    (c) The notification required under paragraphs (a) and (b) of this 
section shall contain a list of all affiliated foreign carriers and 
shall state individually the country or countries in which the foreign 
carriers named in paragraphs (a) and (b) of this section are authorized 
to provide telecommunications services offered to the public. It shall 
additionally specify which, if any, of these countries the U.S. carrier 
is authorized to serve under this part; what services it is authorized 
to provide to each such country; and the FCC File No. under which each 
such authorization was granted.
    (1) The carrier also should specify, where applicable, those 
countries named in paragraph (c) of this section for which it provides a 
specified international communications service solely through the resale 
of the international switched or private line services of U.S. 
facilities-based carriers with which the resale carrier does not have an 
affiliation. Such an affiliation is defined in Sec. 63.18(h)(1)(i), 
except that the phrase ``U.S. facilities-based international carrier'' 
shall be substituted for the phrase ``foreign carrier.''
    (2) The carrier shall also submit with its notification:
    (i) The ownership information as required to be submitted pursuant 
to Sec. 63.18(h)(2);
    (ii) Where the carrier is authorized as a private line reseller on a 
particular route for which it has an affiliation with a foreign carrier, 
as defined in Sec. 63.18(h)(1)(i), a certification as required to be 
submitted pursuant to Sec. 63.18(h)(4); and
    (iii) A ``special concessions'' certification as required to be 
submitted pursuant to Sec. 63.18(i).
    (3) The carrier is responsible for the continuing accuracy of the 
certifications provided under this section. Whenever the substance of 
any certification provided under this section is no longer accurate, the 
carrier shall as promptly as possible, and in any event within thirty 
days, file with the Secretary in duplicate a corrected certification 
referencing the FCC File No. under which the original certification was 
provided, except that the carrier shall immediately inform the 
Commission if at any time the representations in the ``special 
concessions'' certification provided under paragraph (c)(2)(iii) of this 
section are no longer true. See Sec. 63.18(i)(2). This information may 
be used by the Commission to determine whether a change in regulatory 
status may be warranted under Sec. 63.10.
    (d) Unless the carrier notifying the Commission of a foreign carrier 
affiliation under paragraph (a) of this section qualifies for the 
presumption of non-dominant regulation pursuant to Sec. 63.10(a)(4), it 
should submit the information specified in Sec. 63.18(h)(8) to retain 
its non-dominant status on any affiliated route.
    (e) The Commission will issue public notice of the submissions made 
under this section for 14 days.
    (1) In the case of a notification filed under paragraph (a) of this 
section, the Commission, if it deems it necessary, will by written order 
at any time before or after the submission of public comments impose 
dominant carrier regulation on the carrier for the affiliated routes 
based on the provisions of Sec. 63.10.
    (2) In the case of a planned investment by a foreign carrier of a 
ten percent or greater interest, whether direct or indirect, in the 
capital stock of the authorized carrier, the Commission will, unless it 
notifies the carrier in writing within 30 days of issuance of the public 
notice that the investment raises a substantial and material question of 
fact as to whether the investment serves the public interest, 
convenience and necessity, presume the investment to be in the public 
interest. If notified that the acquisition raises a substantial and 
material question, then the carrier shall not consummate the planned 
investment until it has filed an application under Sec. 63.18 and 
submitted the information specified

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under Sec. 63.18 (h) (6) or (7) as applicable, and Sec. 63.18(h)(8), and 
the Commission has approved the application by formal written order.

[ 60 FR 67338 , Dec. 29, 1995, as amended at  61 FR 15727 , Apr. 9, 1996;  62 FR 32964 , June 17, 1997]