Sec.  64.1001   Requests to modify international settlements arrangements.

   (a)  The  procedures set forth in this rule apply to carriers that are
   required to file with the International Bureau, pursuant to  Sec. 43.51(e) of
   this chapter, requests to modify international settlement arrangements. Any
   operating  agreement  or amendment for which a modification request is
   required to be filed cannot become effective until the modification request
   has been granted under paragraph (e) of this section.

   (b) A modification request must contain the following information:

   (1) The applicable international service;

   (2) The name of the foreign telecommunications administration;

   (3) The present accounting rate (including any surcharges);

   (4) The new accounting rate (including any surcharges);

   (5) The effective date;

   (6) The division of the accounting rate; and

   (7)  An  explanation  of any proposed modification(s) in the operating
   agreement with the foreign correspondent.

   (c) A modification request must contain a notarized statement that the
   filing carrier:

   (1) Has not bargained for, nor has knowledge of, exclusive availability of
   the new accounting rate;

   (2) Has not bargained for, nor has any indication that it will receive, more
   than its proportionate share of return traffic; and

   (3) Has informed the foreign administration that U.S. policy requires that
   competing U.S. carriers have access to accounting rates negotiated by the
   filing carrier with the foreign administration on a nondiscriminatory basis.

   (d) Carriers must serve a copy of the modification request on all carriers
   providing  the  same  or similar service to the foreign administration
   identified in the filing on the same day a modification request is filed.

   (e) All modification requests will be subject to a twenty-one (21) day
   pleading period for objections or comments, commencing the date after the
   request is filed. If the modification request is not complete when filed,
   the carrier will be notified that additional information is to be submitted,
   and a new 21 day pleading period will begin when the additional information
   is  filed.  The  modification request will be deemed granted as of the
   twenty-second  (22nd) day without any formal staff action being taken:
   provided

   (1) No objections have been filed, and

   (2) The International Bureau has not notified the carrier that grant of the
   modification  request  may  not  serve  the  public  interest and that
   implementation of the proposed modification must await formal staff action
   on  the modification request. If objections or comments are filed, the
   carrier requesting the modification request may file a response pursuant to
    Sec. 1.45 of this chapter. Modification requests that are formally opposed must
   await  formal  action  by the International Bureau before the proposed
   modification can be implemented.

   (f) Subject to the availability of electronic forms, all modifications and
   related submissions 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.

   [ 56 FR 25372 , June 4, 1991, as amended at  58 FR 4354 , Jan. 14, 1993;  60 FR 5333 , Jan. 27, 1995;  62 FR 5541 , Feb. 6, 1997;  62 FR 64758 , Dec. 9, 1997;  64 FR 34742 , June 29, 1999;  66 FR 16882 , Mar. 28, 2001;  69 FR 23154 , Apr. 28,
   2004;  69 FR 29903 , May 26, 2004;  69 FR 40327 , July 2, 2004;  70 FR 38800 ,
   July 6, 2005]

   Effective Date Note:   At  70 FR 38800 , July 6, 2005,  Sec. 64.1001 was amended by
   revising  paragraph  (a)  and adding paragraph (f). 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.