Sec. 63.12  Streamlined processing of certain international facilities-
          based and resale applications.

    (a) Except as provided by paragraph (c) of this section, a complete 
application seeking authorization under Sec. 63.18(e) (1) and (2) to 
acquire facilities to provide international services shall be granted by 
the Commission 35 days after the date of public notice listing the 
application as accepted for filing.
    (b) Issuance of public notice of the grant shall be deemed the 
issuance of Sec. 214 certification to the applicant, which may commence 
operation on the 36th day after the date of public notice listing the 
application as accepted for filing, but only in accordance with the 
operations proposed in its application and the rules, regulations, and 
policies of the Commission.
    (c) The streamlined processing procedures provided by paragraphs (a) 
and (b) of this section shall not apply where:
    (1) The applicant seeks authority under either Sec. 63.18(e)(1) for 
global Sec. 214 authority to operate as a facilities-based carrier or 
Sec. 63.18(e)(2) to resell international services, and the applicant has 
an affiliation within the meaning of Sec. 63.18(h)(1)(i) with a 
facilities-based foreign carrier in a destination market, and the 
Commission has not yet made a determination as to whether that foreign 
carrier possesses market power in that market; or
    (2) The applicant has an affiliation within the meaning of 
Sec. 63.18(h)(1)(i) with a dominant U.S. facilities-based carrier whose 
international switched or private line services the applicant seeks 
authority to resell (either directly or indirectly through the resale of 
another reseller's services); or
    (3) The applicant seeks authority under Sec. 63.18(e)(2) to resell 
international private line services to a country for which the 
Commission has not determined as of the date of public notice of the 
application that equivalent resale opportunities exist between the 
United States and the destination country; or
    (4) The application is formally opposed within the meaning of 
Sec. 1.1202(e) of this chapter; or
    (5) The Commission has informed the applicant in writing, including 
by public notice, within 28 days after the date of public notice 
accepting the application for filing, that the application is not 
eligible for streamlined processing under this section.
    (d) Any complete application that is subject to paragraph (c) of 
this section will be acted upon only by formal written order and 
operation for which such authorization is sought may not commence except 
in accordance with such order.

    Note to paragraph (c): The term ``facilities-based carrier'' means 
one that holds an ownership, indefeasible-right-of-user, or leasehold 
interest in bare capacity in an international facility, regardless of 
whether the underlying facility is a common or non-common carrier 
submarine cable, or an INTELSAT or separate satellite system.

[ 61 FR 15728 , Apr. 9, 1996]