§  63.23   Resale-based international common carriers.

   The following conditions apply to carriers authorized to resell the
   international services of other authorized carriers:

   (a) A carrier authorized under § 63.18(e)(2) may provide resold
   international services to international points for which the applicant
   qualifies for non-dominant regulation as set forth in § 63.10, except
   that the carrier may not provide either of the following services
   unless it has received specific authority to do so under § 63.18(e)(3):

   (1) Resold switched services to a non-WTO Member country where the
   applicant is, or is affiliated with, a foreign carrier; and

   (2) Switched or private line services over resold private lines to a
   destination market where the applicant is, or is affiliated with, a
   foreign carrier and the Commission has not determined that the foreign
   carrier lacks market power in the destination market (see § 63.10(a)).

   (b) The carrier may not resell the international services of an
   affiliated carrier regulated as dominant on the route to be served
   unless it has received specific authority to do so under § 63.18(e)(3).

   (c) Subject to the limitations specified in paragraph (b) of this
   section and in § 63.17(b), the carrier may provide service by reselling
   the international services of any other authorized U.S. common carrier
   or foreign carrier, or by entering into a roaming or other arrangement
   with a foreign carrier, for the provision of international basic
   switched, private line, data, television and business services to all
   international points.

   Note to paragraph(c): For purposes of this paragraph, a roaming
   arrangement with a foreign carrier is defined as an arrangement under
   which the subscribers of a U.S. commercial mobile radio service
   provider use the facilities of a foreign carrier with which the
   subscriber has no direct pre-existing service or financial relationship
   to place a call from the foreign country to the United States.

   (d) The carrier may provide switched basic services over its authorized
   resold private lines in either of the following two circumstances:

   (1) The country at the foreign end of the private line appears on the
   Commission's list of international routes exempted from the
   international settlements policy set forth in § 64.1002 of this
   chapter; or

   (2) The carrier is exchanging switched traffic with a foreign carrier
   that lacks market power in the country at the foreign end of the
   private line. A foreign carrier lacks market power for purposes of this
   section if it does not appear on the Commission's list of foreign
   carriers that do not qualify for the presumption that they lack market
   power in particular foreign points.

   Note to paragraph(d): The Commission's list of international routes
   exempted from the international settlements policy, and the
   Commission's list of foreign carriers that do not qualify for the
   presumption that they lack market power in particular foreign points
   are available on the International Bureau's World Wide Web site at
   http://www.fcc.gov/ib .

   (e) Any party certified to provide international resold private lines
   to a particular geographic market shall report its circuit additions on
   an annual basis. Circuit additions should indicate the specific
   services provided (e.g., IMTS or private line) and the country served.
   This report shall be filed on a consolidated basis not later than March
   31 for the preceding calendar year.

   (f) The authority granted under this part is subject to all Commission
   rules and regulations and any conditions or limitations stated in the
   Commission's public notice or order that serves as the carrier's
   Section 214 certificate. See § § 63.12, 63.21 of this part.

   [ 64 FR 19066 , Apr. 19, 1999, as amended at  64 FR 34741 , June 29, 1999;
    67 FR 45391 , July 9, 2002;  69 FR 23154 , Apr. 28, 2004;  72 FR 54366 ,
   Sept. 25, 2007]