§  43.61   Reports of international telecommunications traffic.

   (a) Each common carrier engaged in providing international
   telecommunications service between the area comprising the continental
   United States, Alaska, Hawaii, and off-shore U.S. points and any
   country or point outside that area shall file a report with the
   Commission not later than July 31 of each year for service actually
   provided in the preceding calendar year.

   (1) The information contained in the reports shall include actual
   traffic and revenue data for each and every service provided by a
   common carrier, divided among service billed in the United States,
   service billed outside the United States, and service transiting the
   United States.

   (2) Each common carrier shall submit a revised report by October 31
   identifying and correcting any inaccuracies included in the annual
   report exceeding five percent of the reported figure.

   (3) The information required under this section shall be furnished in
   conformance with the instructions and reporting requirements prepared
   under the direction of the Chief, Wireline Competition Bureau, prepared
   and published as a manual, in consultation and coordination with the
   Chief, International Bureau.

   (b) Quarterly Traffic Reports . (1) Each common carrier engaged in
   providing international telecommunicaitons service between the area
   comprising the continental United States, Alaska, Hawaii, and off-shore
   U.S. points and any country or point outside that area shall file with
   the Commission, in addition to the report required by paragraph (a) of
   this section, actual traffic and revenue data for each calendar quarter
   in which the carrier's quarterly minutes exceed the corresponding
   minutes for all carriers by one or more of the following tests:

   (i) The carrier's aggregate minutes of facilities-based or facilities
   resale switched telephone traffic for service billed in the United
   States are greater than 1.0 percent of the total of such minutes of
   international traffic for all U.S. carriers published in the
   Commission's most recent § 43.61 annual report of international
   telecommunications traffic;

   (ii) The carrier's aggragate minutes of facilities-based or facilities
   resale switched telephone traffic for service billed outside the United
   States are greater than 1.0 percent of the total of such minutes of
   international traffic for all U.S. carriers published in the
   Commission's most recent § 43.61 annual report of international
   telecommunications traffic;

   (iii) The carrier's aggregate minutes of facilities-based or facilities
   switched telephone traffic for service billed in the United States for
   any foreign country are greater than 2.5 percent of the total of such
   minutes of international traffic for that country for all U.S. carriers
   published in the Commission's most recent § 43.61 annual report of
   international telecommunications traffic; or

   (iv) The carrier's aggregate minutes of facilities-based or facilities
   resale switched telephone traffic for service billed outside the United
   States for any foreign country are greater than 2.5 percent of the
   total of such minutes of international traffic for that country for all
   U.S. carriers published in the Commission's most recent § 43.61 annual
   report of international telecommunications traffic.

   (2) Except as provided in this paragraph, the quarterly reports
   required by paragraph (b)(1) of this section shall be filed in the same
   format as, and in conformance with, the filing procedures for the
   annual reports required by paragraph (a) of this section.

   (i) Carriers filing quarterly reports shall include in those reports
   only their provision of switched, facilities-based telephone service
   and switched, facilities resale telephone service.

   (ii) The quarterly reports required by paragraph (b)(1) of this section
   shall be filed with the Commission no later than April 30 for the prior
   January through March quarter; no later than July 31 for the prior
   April through June quarter; no later than October 31 for the prior July
   through September quarter; and no later than January 31 for the prior
   October through December period.

   (c) Each common carrier engaged in the resale of international switched
   services that is affiliated with a foreign carrier that has sufficient
   market power on the foreign end of an international route to affect
   competition adversely in the U.S. market and that collects settlement
   payments from U.S. carriers shall file a quarterly version of the
   report required in paragraph (a) of this section for its switched
   resale services on the dominant route within 90 days from the end of
   each calendar quarter. Commercial Mobile Radio Service (CMRS) carriers,
   as defined in § 20.9 of this chapter, are not required to file reports
   pursuant to this paragraph. For purposes of this paragraph, affiliated
   and foreign carrier are defined in § 63.09 of this chapter.

   [ 57 FR 8580 , Mar. 11, 1992, as amended at  60 FR 5333 , Jan. 27, 1995;  62 FR 5541 , Feb. 6, 1997;  62 FR 45761 , Aug. 29, 1997;  64 FR 19061 , Apr.
   19, 1999;  66 FR 67112 , Dec. 28, 2001;  67 FR 13225 , Mar. 21, 2002;  67 FR 45390 , July 9, 2002]