[Federal Register: April 28, 2004 (Volume 69, Number 82)]
[Rules and Regulations]
[Page 23151-23155]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap04-14]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 43, 63, and 64
[IB Docket Nos. 02-324 and 96-261, FCC 04-53]
In the Matter of International Settlements Policy Reform and
International Settlement Rates
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document is a summary of the Report and Order adopted by
the Commission in this proceeding. The Commission exempted the
application of the International Settlements Policy (ISP) from U.S.-
international routes that complied with its Benchmarks Policy. The
Commission also eliminated its International Simple Resale (ISR)
Policy. The Commission maintained the application of its Benchmarks
Policy to all U.S.-international routes. The Commission committed to
developing and releasing a Notice of Inquiry regarding the nature and
effect of high foreign mobile termination rates on U.S. consumers.
DATES: Effective May 28, 2004 except for Sec. Sec. 43.51(d), 43.51(e),
64.1001, and 64.1002(c) which contain information requirements that
have not yet been approved by Office of Management and Budget (OMB).
The Commission will publish a document in the Federal Register
announcing the effective date of those sections. OMB, the general
public, and other Federal agencies are invited to comment on the
information collection requirements on or before June 28, 2004.
ADDRESSES: In addition to filing comments with the Secretary, a copy of
any comments on the information collections contained herein should be
submitted to Judith B. Herman, Federal Communications Commission, Room
1-C804, 445 12th Street, SW., Washington, DC 20554, or via the Internet
to Judith-B.Herman@fcc.gov, and to Kristy L. LaLonde, OMB Desk Officer,
Room 10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or via the
Internet to Kristy_L._LaLonde@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: James Ball, Chief, Policy Division,
International Bureau, or Alexandra Field, Assistant Chief, Policy
Division, International Bureau at (202) 418-1460. For additional
information regarding the Paperwork Reduction Act information
collections contact Judith B. Herman at 445 12th Street SW., Rm. 1-
C804, Washington, DC, 20554 or via internet at Judith-B.Herman@fcc.gov;
phone (202) 418-0214.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in IB Docket No. 96-261 & 02-324; FCC 04-53, adopted March
11, 2004 and released on March 30, 2004. The full text of this
Commission decision is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-A257), 445
12th Street, SW., Washington, DC 20554. The document is also available
for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-53A1.pdf.
The complete text may also be
purchased from the Commission's copy contractor, Qualex International,
in person at 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
via telephone at (202) 863-2893, via facsimile at (202) 863-2898, or
via e-mail at qualexint@aol.com. This Report and Order contains new or
modified information collections subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104-3. It will be submitted to the Office of
Management and Budget (OMB) for review under section 3507(d) of the
PRA. OMB, the general public, and other Federal agencies are invited to
comment on the modified information collections contained in this
proceeding.
Summary of Report and Order
On October 10, 2002, the Commission adopted a Notice of Proposed
Rulemaking in this proceeding 67 FR 65527 (Oct. 25, 2002) to obtain
comment on proposals to modify the application of its International
Settlements Policy (ISP), the competitive status of the U.S.-
international telecommunications market, the success and effectiveness
of Benchmarks Policy, and the issue of foreign mobile termination
rates. On March 11, 2004 the Commission adopted a Report and Order in
this proceeding. In the Report and Order, the Commission finds that the
U.S.-international telecommunications market has been undergoing
changes in recent years. There has been increasing competition on many
U.S.-international routes accompanied by lower settlement rates and
calling prices to U.S. customers. There also exists the potential for
further development of competition as a result of emerging means of
routing international traffic that do not involve the traditional
carrier settlement process. At the same time, settlement rates on most
routes continue to be above cost and there exists the continued
potential for anticompetitive conduct and other forms of market
failure. On balance, the Commission finds that the changes now
unfolding in the U.S.-international market permit us to adopt a more
limited application of our regulatory framework accompanied by
competitive safeguards to protect U.S. customers against
anticompetitive behavior. The Commission stated that, where there is
vigorous competition, market forces are causing international
termination rates to move toward cost on many routes.
The Commission concludes that reforming our rules to remove our
International Settlements Policy (ISP)
[[Page 23152]]
from benchmark-compliant routes will give U.S. carriers greater
flexibility to negotiate arrangements with foreign carriers. The
Commission finds that doing so will encourage market-based arrangements
between U.S. and foreign carriers that will further our long-standing
policy goals of greater competition in the U.S.-international market
and more cost-based rates for U.S. customers. Furthermore, in view of
the Commission action removing the ISP from benchmark-compliant routes,
this Report and Order eliminates the Commission's International Simple
Resale (ISR) policy and associated filing requirements. The Commission
also retains and clarifies the applicability of certain regulatory
safeguards to protect U.S. customers from anticompetitive conduct
should it occur in the future. Moreover, it retains its benchmarks
policy but plans to subject it to further evaluation as to whether
future modifications are warranted. Finally, the Commission is
concerned about the increasingly high mobile termination rates that are
being charged to U.S. carriers and their effect on U.S. consumers.
Accordingly, the Commission decided to continue to evaluate the nature
and effect of mobile termination rates on U.S. customers and commits to
issuing a Notice of Inquiry seeking detailed information on the issue
and what responses are available to the Commission. In addition, the
Commission will continue to respond to carrier complaints in this area
if foreign mobile termination rates charged to U.S. carriers are not
consistent with its general accounting rate principles.
Procedural Matters
Paperwork Reduction Act
This Report and Order contains modified information collections.
The Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public to comment on the information
collections contained in this Report and Order as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency
comments are due June 28, 2004. PRA comments should address: (a)
Whether the proposed collection of information is necessary for the
proper performance of the function of the Commission, including whether
the information shall have practical utility; (b) the accuracy of the
Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology.
OMB Approval Number: 3060-0454.
Title: Regulation of International Accounting Rates.
Form No.: N/A.
Type of Collection: Revision of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents: 5.
Estimated Time for Response: 1 hour.
Frequency of Reponse: On Occasion, annual reporting requirement.
Total Annual Burden: 150 hours.
Total Annual Cost: $7,000.
Needs and Uses: The information will be used by the Federal
Communications Commission (FCC) and interested members of the public to
monitor the international accounting rates to ensure that the public
interest is being served and also to enforce Commission policies and
rules.
Final Regulatory Flexibility Act Certification
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' See 5 U.S.C. 601-612, the RFA
has been amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), Public Law No. 104-121, Title II, 110 Stat. 857
(1996). The RFA generally defines the term ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. See 5 U.S.C. 601(3)
(incorporating by reference the definition of ``small-business
concern'' in the Small Business Act, 15 U.S.C. 632). Pursuant to 5
U.S.C. 601(3), the statutory definition of a small business applies
``unless an agency, after consultation with the Office of Advocacy of
the Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' A ``small business concern''
is one which: (1) Is independently owned and operated; (2) is not
dominant in its field of operation; and (3) satisfies any additional
criteria established by the U.S. Small Business Administration (SBA).
See 15 U.S.C. 632.
Pursuant to the RFA, the Commission incorporated an Initial
Regulatory Flexibility Analysis (IRFA) into the Notice of Proposed
Rulemaking. (17 FCC Rcd at 19982 & 19986-89 paragraphs 53 & 68-78.) We
received no comments in response to the IRFA. For the reasons described
below, we now certify that the policies and rules adopted in the
present Report and Order will not have a significant economic impact on
a substantial number of small entities.
The Report and Order finds that the changes now unfolding in the
U.S.-international market permits it to adopt a more limited
application of our regulatory framework accompanied by competitive
safeguards to protect U.S. customers against anticompetitive behavior.
The Commission continues to believe that, where there is vigorous
competition, market forces are causing international termination rates
to move toward cost on many routes. It concludes that reforming its
rules to remove the International Settlements Policy (ISP) from
benchmark-compliant routes will give U.S. carriers greater flexibility
to negotiate arrangements with foreign carriers. The Commission
believes that doing so will encourage market-based arrangements between
U.S. and foreign carriers that will further its long-standing policy
goals of greater competition in the U.S.-international market and more
cost-based rates for U.S. customers. The Commission has decided to
retain the benchmarks policy subject to evaluation as to future
modifications. It similarly will continue to evaluate the nature and
effect of high foreign mobile termination rates on U.S. customers. It
concludes that the record before us regarding future benchmarks policy
and on foreign mobile termination rates is insufficient to warrant
specific Commission action at this time.
The Report and Order requires that the ISP be removed from all
U.S.-international routes that are benchmark-compliant and affirms,
adopts, or modifies certain competitive safeguards to prevent potential
anticompetitive harm on such routes. The rules and policies contained
in the Report and Order apply to all carriers providing facilities-
based international common carrier service pursuant to section 214 of
the Act. It is uncertain as to the number of small entities that will
be affected by the proposals. Agency data indicate the number of
section 214 applications filed with the Commission continues to
increase each year. The total number of licensees is difficult to
[[Page 23153]]
determine, because many licenses are jointly held by several licensees.
The Report and Order will reduce the administrative burden on all
carriers, both small and large, of complying with the ISP and contract
and accounting rate filing costs. The Report and Order reduces the
filing of carrier-to-carrier contracts contained in section 43.51. The
Report and Order clarifies that section 43.51 applies solely to U.S.
carrier contracts for international common carrier service involving
dominant foreign carriers on routes where the ISP applies. The
Commission narrows the contract filing requirement and clarifies that
rate filings need not be made for routes removed from the ISP. These
modified filing requirements will eliminate many current-required
contract filings and rate filings currently made by all U.S.-
international facilities-based carriers, including small entities, in
the normal course of business; and therefore, do not impose a
significant economic impact on these small entities. In this Report and
Order, we adopt one of the proposals set forth in the NPRM and
determine that removing the ISP from additional U.S.-international
routes will give U.S.-international facilities-based carriers the
flexibility necessary to respond to dynamic price and service changes
in the marketplace and will best protect U.S. customers from the rates,
terms and conditions that violate the Communications Act.
Ordering Clauses
Pursuant to Sections 1, 4(i)-4(j), 201-205, 214, 303(r), and 309 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)-
154(j), 201-205, 214, 303(r), 309, the policies, rules, and
requirements discussed herein are adopted and parts 43 and 63 of the
Commission's rules, 47 CFR 0, 43, 63, and 64 are amended as specified
in the rule changes, effective May 28, 2004. Except for Sec. Sec.
43.51(d), 43.51(e), 64.1001 and 64.1002(c) which contain information
requirements that have not yet been approved by Office of Management
and Budget (OMB). The Commission will publish a document in the Federal
Register announcing the effective date of those sections.
The Commission's Consumer and Government Affairs Bureau, Reference
Information Center, SHALL SEND a copy of this Report and Order,
including the Final Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the Small Business Administration in accordance
with section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq.
The policies, rules, and requirements established in this decision
shall take effect thirty days after publication in the Federal Register
or in accordance with the requirements of 5 U.S.C. 801(a)(3) and 44
U.S.C. 3507.
List of Subjects in 47 CFR Parts 0, 43, 63, and 64
Communications and common carriers; reporting and recordkeeping
requirements; Telecommunications.
The Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
0
Parts 0, 43, 63, and 64 of the Commission rules are amended as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
Sec. 0.457 [Amended]
0
2. Section 0.457 is amended by removing paragraph (d)(1)(vi).
PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN
AFFILIATES
0
3. The authority citation for part 43 continues to read as follows:
Authority: 47 U.S.C. 154; Telecommunications Act of 1996; Pub.
L. 104-104, secs. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as amended
unless otherwise noted. 47 U.S.C. 211, 219, 220, as amended.
0
4. Section 43.51 is amended by revising paragraphs (b)(2), (b)(3), (d)
and (e), and adding Note 4 to Sec. 43.51 to read as follows:
Sec. 43.51 Contracts and concessions.
* * * * *
(b) * * *
(2) A carrier that is engaged in foreign communications and that
has been classified as dominant for any service on any of the U.S.-
international routes included in the contract, except for a carrier
classified as dominant on a particular route due only to a foreign
carrier affiliation under Sec. 63.10 of this chapter, or
(3) A carrier, other than a provider of commercial mobile radio
services, that is engaged in foreign communications and enters into a
contract, agreement, concession, license, authorization, operating
agreement or other arrangement and amendments thereto with a foreign
carrier that does not qualify for the presumption, set forth in Note 3
to this section, that it lacks market power on the foreign end of one
or more of the U.S.-international routes included in the contract,
unless the route appears on the Commission's list of U.S.-international
routes that the Commission has exempted from the international
settlements policy set forth in Sec. 64.1002 of this chapter.
* * * * *
(d) Any U.S. carrier that interconnects to the U.S. public switched
network an international private line that extends between the United
States and a country that the Commission has not exempted from the
international settlements policy shall file annually with the Chief of
the International Bureau a certified statement containing the number
and type (e.g., a 64-kbps circuit) of private lines interconnected at
the carrier's own switch, including any switch in which the carrier
holds a leasehold interest. The certified statement shall specify the
number and type of interconnected private lines on a country specific
basis. The identity of the customer need not be reported, and the
Commission will treat the country of origin information as
confidential. Carriers need not file their contracts for such
interconnections, unless they are specifically requested to do so.
These reports shall be filed on a consolidated basis on February 1
(covering international private lines interconnected during the
preceding January 1 to December 31 period) of each year. International
private lines to countries which the Commission has exempted from the
international settlements policy, set forth in Sec. 64.1002 of this
chapter, at any time during a particular reporting period are exempt
from this filing requirement.
(e) Other filing requirements for carriers providing service on
U.S.-international routes that are subject to the international
settlements policy.
(1) For routes subject to the international settlements policy set
forth in Sec. 64.1002 of this chapter, if a U.S. carrier files an
operating or other agreement with a foreign carrier pursuant to
paragraph (a) of this section to begin providing switched voice, telex,
telegraph, or packet-switched service between the United States and a
foreign point, the carrier must also file with the International Bureau
a modification request under Sec. 64.1001 of this chapter. The
operating or other agreement cannot become effective until the
modification request has been granted under paragraph Sec. 64.1001(e)
of this chapter.
(2) For routes subject to the international settlements policy, if
a carrier files an amendment, pursuant to
[[Page 23154]]
paragraph (a) of this section, to an existing operating or other
agreement with a foreign carrier to provide switched voice, telex,
telegraph, or packet-switched service between the United States and a
foreign point, and the amendment relates to the exchange of services,
interchange or routing of traffic and matters concerning rates,
accounting rates, division of tolls, the allocation of return traffic,
or the basis of settlement of traffic balances, the carrier must also
file with the International Bureau a modification request under Sec.
64.1001 of this chapter. The amendment to the operating or other
agreement cannot become effective until the modification request has
been granted under Sec. 64.1001(e) of this chapter.
* * * * *
Note 4 to Sec. 43.51: The Commission's list of international
routes exempted from the international settlements policy is
available on the International Bureau's World Wide Web site at
http://www.fcc.gov/ib.
PART 63--EXTENSION OF LINES, NEW LINES AND DISCONTINUANCE,
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS
0
5. The authority citation for part 63 continues to read as follows:
Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218,
403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless
otherwise noted.
Sec. 63.12 [Amended]
0
6. Section 63.12 is amended by removing paragraph (c)(3) and
redesignating (c)(4) as paragraph (c)(3).
0
7. Section 63.14 is amended by revising paragraph (c) to read as
follows:
Sec. 63.14 Prohibition on agreeing to accept special concessions.
* * * * *
(c) This section shall not apply to the rates, terms and conditions
in an agreement between a U.S. carrier and a foreign carrier that
govern the settlement of U.S. international traffic, including the
method for allocating return traffic, if the U.S. international route
is exempt from the international settlements policy set forth in Sec.
64.1002 of this chapter.
Note to Paragraph (c): The Commission's list of international
routes exempted from the international settlements policy is
available on the International Bureau's World Wide Web site at
http://www.fcc.gov/ib.
Sec. 63.16 [Removed]
0
8. Section 63.16 is removed.
0
9. Section 63.17 is amended by revising paragraphs (b) introductory
text, (b)(1), and (b)(2) to read as follows:
Sec. 63.17 Special provisions for U.S. international common carriers.
* * * * *
(b) Except as provided in paragraph (b)(4) of this section, a U.S.
common carrier, whether a reseller or facilities-based carrier, may
engage in ``switched hubbing'' to countries that do not appear on the
list of U.S. international routes exempted from the international
settlements policy, set forth in Sec. 64.1002 of this chapter provided
the carrier complies with the following conditions:
(1) U.S.-outbound switched traffic shall be routed over the
carrier's authorized U.S. international circuits extending between the
United States and a country that is exempt from the international
settlements policy (i.e., the ``hub'' country), and then forwarded to
the third country only by taking at published rates and reselling the
international message telephone service (IMTS) of a carrier in the hub
country;
(2) U.S.-inbound switched traffic shall be carried to a country
that is exempt from the international settlements policy (i.e., the
``hub'' country) as part of the IMTS traffic flow from a third country
and then terminated in the United States over the carrier's authorized
U.S. international circuits extending between the United States and the
hub country.
* * * * *
Note to Paragraph (b): The Commission's list of international
routes exempted from the international settlements policy is
available on the International Bureau's World Wide Web site at
http://www.fcc.gov/ib.
Sec. 63.22 [Amended]
0
10. Section 63.22 is amended by removing paragraph (e) and
redesignating paragraphs (f) and (g) as paragraphs (e) and (f).
0
11. Section 63.23 is amended by revising paragraph (d) to read as
follows:
Sec. 63.23 Resale-based international common carriers.
* * * * *
(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 Sec. 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.
* * * * *
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
12. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c),
Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201,
218, 225, 226, 228, and 254(k) unless otherwise noted.
0
13. Section 64.1001 is amended by revising the section heading,
paragraphs (a) and (b), by removing paragraphs (c) and (e), and by
redesignating paragraphs (d), (f), and (g) as paragraphs (c), (d), and
(e), to read as follows:
Sec. 64.1001 Requests to modify international settlement
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 (f) 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
[[Page 23155]]
(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.
* * * * *
0
14. Add Sec. 64.1002 to subpart J to read as follows:
Sec. 64.1002 International settlements policy.
(a) Except as provided in paragraph (b) of this section, a common
carrier that is authorized pursuant to part 63 of this chapter to
provide facilities-based switched voice, telex, telegraph, or packet-
switched service on a U.S. international route, and that enters into an
operating or other agreement to provide any such service in
correspondence with a foreign carrier that does not qualify for the
presumption that it lacks market power on the foreign end of the route,
must comply with the following requirements:
(1) The terms and conditions of the carrier's operating or other
agreement relating to the exchange of services, interchange or routing
of traffic and matters concerning rates, accounting rates, division of
tolls, the allocation of return traffic, or the basis of settlement of
traffic balances, are identical to the equivalent terms and conditions
in the operating agreement of another carrier providing the same or
similar service between the United States and the same foreign point.
(2) The carrier shall not bargain for or agree to accept more than
its proportionate share of return traffic.
(3) The division of tolls shall be evenly-divided between the U.S.
carrier and foreign carrier.
(4) The carrier must also duly comply with the requirements in
Sec. 43.51 and Sec. 64.1001 of this chapter.
Note to Paragraph (a): Carriers shall rely on the Commission's
list of foreign carriers that do not qualify for the presumption
that they lack market power in particular foreign points for
purposes of determining which of their foreign carrier correspondent
agreements are subject to the requirements of this paragraph. This
list is available on the International Bureau's World Wide Web site
at http://www.fcc.gov/ib.
(b) A carrier that enters into an operating or other agreement with
a foreign carrier for the provision of a common carrier service on an
international route is not subject to the requirements of paragraph (a)
of this section if the route appears on the Commission's list of
international routes that the Commission has exempted from the
international settlements policy. This list is available on the
International Bureau's World Wide Web site at http://www.fcc.gov/ib.
(c) A carrier that seeks to add a U.S. international route to the
list of routes that are exempt from the international settlements
policy shall make its request in writing to the International Bureau,
accompanied by a showing that a U.S. carrier has entered into a
benchmark-compliant settlement rate agreement with a foreign carrier
that possesses market power in the country at the foreign end of the
U.S. international route that is the subject of the request. The
required showing shall consist of an effective accounting rate
modification, filed pursuant to Sec. 64.1001, that includes a
settlement rate that is at or below the Commission's benchmark
settlement rate adopted for that country in IB Docket No. 96-261,
Report and Order, 12 FCC Rcd 19,806, 62 FR 45758, Aug. 29, 1997,
available on the International Bureau's World Wide Web site at http://www.fcc.gov/ib
.
(d) A carrier or other party may request Commission intervention on
a route that the Commission has exempted from the international
settlements policy by filing with the International Bureau a petition,
pursuant to this section, demonstrating anticompetitive behavior that
is harmful to U.S. customers. Carriers and other parties filing
complaints must support their petitions with evidence, including an
affidavit and relevant commercial agreements. The International Bureau
will review complaints on a case-by-case basis and take appropriate
action on delegated authority pursuant to Sec. 0.261 of this chapter.
Interested parties will have 10 days from the date of issuance of a
public notice of the petition to file comments or oppositions to such
petitions and subsequently 7 days for replies. In the event
significant, immediate harm to the public interest is likely to occur
that cannot be addressed through post facto remedies, the International
Bureau may impose temporary requirements on carriers authorized
pursuant to Sec. 63.18 of this chapter without prejudice to its
findings on such petitions.
Note 1 to Sec. 64.1002: For purposes of this section, foreign
carrier is defined in Sec. 63.09 of this chapter.
Note 2 to Sec. 64.1002: For purposes of this section, a foreign
carrier shall be considered to possess market power if it appears on
the Commission's list of foreign carriers that do not qualify for
the presumption that they lack market power in particular foreign
points. This list is available on the International Bureau's World
Wide Web site at http://www.fcc.gov/ib.
[FR Doc. 04-9505 Filed 4-27-04; 8:45 am]
BILLING CODE 6712-01-P