Sec.  63.701   Contents of application.

   Except as otherwise provided in this part, any party requesting designation
   as a recognized operating agency within the meaning of the International
   Telecommunication Convention shall file a request for such designation with
   the Commission. A request for designation as a recognized operating agency
   within the meaning of the International Telecommunication Convention shall
   include a statement of the nature of the services to be provided and a
   statement that the party is aware that it is obligated under Article 6 of
   the ITU Constitution to obey the mandatory provisions thereof, and all
   regulations promulgated thereunder, and a pledge that it will engage in no
   conduct or operations that contravene such mandatory provisions and that it
   will otherwise obey the Convention and regulations in all respects. The
   party must also include a statement that it is aware that failure to comply
   will result in an order from the Federal Communications Commission to cease
   and desist from future violations of an ITU regulation and may result in
   revocation of its recognized operating agency status by the United States
   Department of State. Such statement must include the following information
   where applicable:

   (a) The name and address of each applicant;

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

   (c) The name, title and post office address of the officer of a corporate
   applicant, or representative of a non-corporate applicant, to whom
   correspondence concerning the application is to be addressed;

   (d) A statement of the ownership of a non-corporate applicant, or the
   ownership of the stock of a corporate applicant, including an indication
   whether the applicant or its stock is owned directly or indirectly by an
   alien;

   (e) A copy of each corporate applicant's articant's articles of
   incorporation (or its equivalent) and of its corporate bylaws;

   (f) A statement whether the applicant is a carrier subject to section 214 of
   the Communications Act, an operator of broadcast or other radio facilities,
   licensed under title III of the Act, capable of causing harmful interference
   with the radio transmissions of other countries, or a non-carrier provider
   of services classed as “enhanced” under  Sec. 64.702(a);

   (g) A statement that the services for which designated as a recognized
   private operating agency is sought will be extended to a point outside the
   United States or are capable of causing harmful interference of other radio
   transmission and a statement of the nature of the services to be provided;

   (h) A statement setting forth the points between which the services are to
   be provided; and

   (i) A statement as to whether covered services are provided by facilities
   owned by the applicant, by facilities leased from another entity, or other
   arrangement and a description of the arrangement.

   (j) Subject to the availability of electronic forms, all filings 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,  Sec.  Sec. 1.1000 through 1.10018 of this
   chapter and the IBFS homepage at http://www.fcc.gov/ibfs. See also  Sec.  Sec. 63.20
   and 63.53.

   [ 51 FR 18448 , May 20, 1986, as amended at  69 FR 29902 , May 26, 2004;  70 FR 38800 , July 6, 2005]

   Effective Date Note:   At  70 FR 38800 , July 6, 2005,  Sec. 63.701 was amended by
   revising the introductory text and adding paragraph (j). This text contains
   information collection and recordkeeping requirements and will not become
   effective until approval has been given by the Office of Management and
   Budget.