[Federal Register: July 6, 2005 (Volume 70, Number 128)]
[Rules and Regulations]
[Page 38795-38800]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy05-15]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 63, and 64
[IB Docket No. 04-226; FCC 05-91]
Mandatory Electronic Filing for International Telecommunications
Services and Other International Filings
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 adopted rule changes
that eliminate paper filings and require applicants to file
electronically all applications and other filings related to
international telecommunications services. The Report and Order will
further the Commission's goals to increase the efficiency of
application processing and to expedite the availability of the
application information for public use and inspection.
DATES: Effective August 5, 2005 except for 47 CFR 63.19(d), 63.21(a),
63.21(h), 63.21(i), 63.25(b), 63.25(c), 63.25(e), 63.53(a)(1),
63.53(a)(2), 63.701 introductory text and (j), 64.1001(a), 64.1001(f),
64.1002(c) and 64.1002(e) which contain information requirements that
have not yet been approved by the 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 September 6, 2005.
ADDRESSES: In addition to filing comments with the Office of the
Secretary, a copy of any comments on the Paperwork Reduction Act
information collection(s) 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
Judity-B.Herman@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Peggy Reitzel or JoAnn Ekblad, Policy
Division, International Bureau, (202) 418-1460. For additional
information concerning the Paperwork Reduction Act information
collection(s) contained in this document, contact Judith B. Herman at
202-418-0214, or via the Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in IB Docket No. 04-226, FCC No. 05-91, adopted April 29,
2005 and released on May 11, 2005. 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). The document is also
available for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-91A1.pdf.
The complete text may also
be purchased from the Commission's copy contractor, Best Copy and
Printing, Inc. (BCPI) located in Room CY-B402, 445 12th Street, SW.,
Washington, DC 20554. Customers may contact BCPI at their Web site:
http://www.bcpiweb.com or call 1-800-378-3160.
Summary
The Commission initiated a Notice of Proposed Rulemaking in this
proceeding (69 FR 48118, August 9, 2004). In response to the Notice of
Proposed Rulemaking, on April 29, 2005, the Commission adopted a Report
and Order adopting the proposals contained in the Notice of Proposed
Rulemaking. The new rules will mandate electronic filing of
applications and other submissions related to the provision of
international telecommunications services. Over the years, the
Commission has introduced a number of electronic filing systems that a
large and growing number of applicants are using to file their
applications. For international services, filers submit applications
and other filings via the International Bureau Filing System (IBFS). In
the Report and Order, the Commission required all filings related to
international telecommunications services to be submitted via the IBFS.
The mandatory filing requirements will be implemented in stages as
new forms are developed for IBFS. This phased-in implementation will
allow for the development of additional forms consistent with the
rules. The Commission adopted a sixty-day transition period to allow
applicants and carriers time to adjust to the new filing requirements.
The sixty-day transition period will begin on the effective date of the
new rules and will apply to those applications for which electronic
forms are currently available. Thereafter, the International Bureau
will issue public notices announcing the availability of new forms and
the effective date of the electronic filing requirement. At the end of
the sixty-day transition period, the Commission will no longer accept
filings in a manual
[[Page 38796]]
format, and the filings will be returned to the applicant without
processing.
The Report and Order concluded that mandatory electronic filing
will allow applicants to make international filings more rapidly and
efficiently. In addition, it will improve the speed and efficiency of
application processing, and expedite the availability of the
application information for public use and inspection. Also, the
Commission concluded that electronic filing would not impose any undue
burdens on parties.
The Commission will continue with its policies for the confidential
treatment of certain materials. Currently, IBFS does not accommodate
confidential filings, but the Commission intends to develop the
capability of IBFS to accommodate confidentially filed pleadings and
applications.
Procedural Matters
Final Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for any rule making
proceeding that requires notice-and-comment, 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, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), Public Law 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.'' The
term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. 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 Small Business Administration
(SBA).
Pursuant to the RFA, the Commission incorporated an Initial
Regulatory Flexibility Certification into the Notice of Proposed
Rulemaking in the Certification. The Commission tentatively concluded
that the proposals contained in the Notice of Proposed Rulemaking were
in the public interest and would not impose undue burdens on carriers,
small or large. Further, any burdens caused by mandating electronic
filing would be offset by the fact that services to the public would
likely be expedited. We received no comments on the Notice of Proposed
Rulemaking or the Initial Regulatory Flexibility Certification.
In the Report and Order, the Commission adopted mandatory
electronic filing for applications and other filings associated with
international telecommunications services. Mandatory electronic filing
is in the public interest and will not impose undue burdens on a
significant number of small entities that are now required to file for
international telecommunications services. Further, the processing of
these filings will be expedited by mandatory electronic filing.
We certify that the requirements of the Report and Order will not
have a significant economic impact on a substantial number of entities.
Report to Congress: The Commission will send a copy of the Order,
including a copy of the Final Regulatory Flexibility Certification, in
a report to Congress. In addition, the Commission will send a copy of
the Order, including a copy of the Final Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the SBA. A copy of
the Order and Final Regulatory Flexibility Certification will also be
published in the Federal Register.
Paperwork Reduction Act Analysis
This Report and Order contains either new or modified information
collections subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It has been 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 collection contained in this proceeding. (See
69 FR 48188, August 9, 2004) In addition, we note that pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, (see
44 U.S.C. 3506 (c)(4)), the Commission previously sought specific
comment on how the Commission might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
In the Report and Order, we assessed the effects of mandatory
electronic filing of all applications and other filings related to
international services. Mandatory electronic filing will allow all
applicants, including small entities, to make filings more rapidly and
efficiently. The Report and Order also provides for a transition period
that will allow all applicants and carriers to adjust to the new rules.
Finally, the Report and Order permits an applicant to seek a waiver of
the rules in the limited instances where electronic filing may be
burdensome.
All comments regarding the requests for approval of the information
collection 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;
phone 202-418-0214.
Ordering Clauses
It is ordered that, pursuant to sections 1, 4(i)-4(j), 201-205,
211, 214, 219-220, 303(r), 309 and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i)-154(j), 201-205, 211, 214, 219-
220, 303(r), 309, 403, the policies, rules and requirements discussed
herein are adopted and parts 1, 63, and 64 of the Commission's rules,
47 CFR 1, 63, and 64 are amended.
It is further ordered that the Commission's Consumer and
Governmental 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.
It is further ordered that the policies, rules and requirements
established in this decision shall take effect August 5, 2005 except
for those policies, rules and requirements which contain information
requirements that have not yet been approved by the Office of
Management and Budget (OMB).
List of Subjects in 47 CFR Parts 1, 63, and 64
Communications common carriers, Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission proposes to amend 47 CFR parts 1, 63, and 64 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, and 303(r).
0
2. Section 1.767 is amended by revising paragraphs (a) introductory
text,
[[Page 38797]]
(a)(11)(iii), (g)(7), (g)(14), (j), and adding paragraph (n) to read as
follows:
Sec. 1.767 Cable landing licenses.
(a) Applications for cable landing licenses under 47 U.S.C. 34-39
and Executive Order No. 10530, dated May 10, 1954, should be filed in
accordance with the provisions of that Executive Order. These
applications should contain:
* * * * *
(11) * * *
(iii) An assignee or transferee must notify the Commission no later
than thirty (30) days after either consummation of the assignment or
transfer or a decision not to consummate the assignment or transfer.
The notification shall identify the file numbers under which the
initial license and the authorization of the assignment or transfer
were granted.
* * * * *
(g) * * *
(7) A pro forma assignee or person or company that is the subject
of a pro forma transfer of control of a cable landing license is not
required to seek prior approval for the pro forma transaction. A pro
forma assignee or person or company that is the subject of a pro forma
transfer of control must notify the Commission no later than thirty
(30) days after the assignment or transfer of control is consummated.
The notification must certify that the assignment or transfer of
control was pro forma, as defined in Sec. 63.24 of this chapter, and,
together with all previous pro forma transactions, does not result in a
change of the licensee's ultimate control. The licensee may file a
single notification for an assignment or transfer of control of
multiple licenses issued in the name of the licensee if each license is
identified by the file number under which it was granted;
* * * * *
(14) The licensee must notify the Commission within thirty (30)
days of the date the cable is placed into service. The cable landing
license shall expire twenty-five (25) years from the in-service date,
unless renewed or extended upon proper application. Upon expiration,
all rights granted under the license shall be terminated.
* * * * *
(j) Applications for streamlining. Each applicant seeking to use
the streamlined grant procedure specified in paragraph (i) of this
section shall request streamlined processing in its application.
Applications for streamlined processing shall include the information
and certifications required by paragraph (k) of this section. On the
date of filing with the Commission, the applicant shall also send a
complete copy of the application, or any major amendments or other
material filings regarding the application, to: U.S. Coordinator, EB/
CIP, U.S. Department of State, 2201 C Street, NW., Washington, DC
20520-5818; Office of Chief Counsel/NTIA, U.S. Department of Commerce,
14th St. and Constitution Ave., NW., Washington, DC 20230; and Defense
Information Systems Agency, Code RGC, 701 S. Courthouse Road,
Arlington, Va. 22204, and shall certify such service on a service list
attached to the application or other filing.
* * * * *
(n) Subject to the availability of electronic forms, all
applications and notifications 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 and the IBFS homepage at
http://www.fcc.gov/ibfs. See also Sec. Sec. 63.20 and 63.53 of this
chapter.
* * * * *
0
3. Section 1.768 is amended by revising paragraphs (h) and (i) and
adding a new paragraph (j) to read as follows:
Sec. 1.768 Notification by and prior approval for submarine cable
landing licensees that are or propose to become affiliated with a
foreign carrier.
* * * * *
(h) All licensees are responsible for the continuing accuracy of
information provided pursuant to this section for a period of forty-
five (45) days after filing. During this period if the information
furnished is no longer accurate, the licensee shall as promptly as
possible, and in any event within ten (10) days, unless good cause is
shown, file with the Commission a corrected notification referencing
the FCC file numbers under which the original notification was
provided.
(i) A licensee that files a prior notification pursuant to
paragraph (a) of this section may request confidential treatment of its
filing, pursuant to Sec. 0.459 of this chapter, for the first twenty
(20) days after filing.
(j) Subject to the availability of electronic forms, all
notifications 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 and the IBFS homepage at http://www.fcc.gov/ibfs.
See also Sec. Sec. 63.20 and 63.53.
* * * * *
0
4. Section 1.10006 is revised to read as follows:
Sec. 1.10006 Is electronic filing mandatory?
Electronic filing is mandatory for all applications for
international and satellite services for which an International Bureau
Filing System (IBFS) form is available. Applications for which an
electronic form is not available must be filed by paper until new forms
are introduced. See Sec. Sec. 63.20 and 63.53. As each new IBFS form
becomes available for electronic filing, the Commission will issue a
public notice announcing the availability of the new form and the
effective date of mandatory filing for this particular type of filing.
As each new form becomes effective, manual filings will not be accepted
by the Commission and the filings will be returned to the applicant
without processing. Mandatory electronic filing requirements for
applications for international and satellite services are set forth in
parts 1, 25, 63, and 64 of this chapter. 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 and the IBFS homepage at http://www.fcc.gov/ibfs
.
0
5. Section 1.10007 is amended by removing paragraph (a), redesignating
paragraphs (b) through (d) as paragraphs (a) through paragraph (c), and
by revising newly resdesignated paragraph (a) to read as follows:
Sec. 1.10007 What applications must be filed electronically?
(a) For a complete list of applications or notifications that must
be filed electronically, see the IBFS Web site at http://www.fcc.gov/ibfs
.
* * * * *
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
6. 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.
[[Page 38798]]
0
6a. Section 63.11 is amended by removing paragraph (g), redesignating
paragraphs (h) through (j) as paragraphs (g) through (i) and by
revising newly redesignated paragraphs (h) through (i) and by adding
new paragraph (j) to read as follows:
Sec. 63.11 Notification by and prior approval for U.S. international
carriers that are or propose to become affiliated with a foreign
carrier.
* * * * *
(h) All authorized carriers are responsible for the continuing
accuracy of information provided pursuant to this section for a period
of forty-five (45) days after filing. During this period if the
information furnished is no longer accurate, the authorized carrier
shall as promptly as possible, and in any event within ten (10) days,
unless good cause is shown, file with the Commission a corrected
notification referencing the FCC file numbers under which the original
notification was provided, except that the carrier shall immediately
inform the Commission, if at any time, not limited to the forty-five
(45) days, the representations in the ``special concessions''
certification provided under paragraph (e)(6) of this section or Sec.
63.18(n) are no longer true. See Sec. 63.18(n).
(i) A carrier that files a prior notification pursuant to paragraph
(a) of this section may request confidential treatment of its filing,
pursuant to Sec. 0.459 of this chapter, for the first twenty (20) days
after filing.
(j) Subject to the availability of electronic forms, notifications
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: /
/http://www.fcc.gov/ibfs. See also Sec. Sec. 63.20 and 63.53.
0
7. Section 63.18 is amended by revising the introductory text and
adding paragraph (q) to read as follows:
Sec. 63.18 Contents of applications for international common
carriers.
Except as otherwise provided in this part, any party seeking
authority pursuant to Section 214 of the Communications Act of 1934, as
amended, to construct a new line, or acquire or operate any line, or
engage in transmission over or by means of such additional line for the
provision of common carrier communications services between the United
States, its territories or possessions, and a foreign point shall
request such authority by formal application. The application shall
include information demonstrating how the grant of the application will
serve the public interest, convenience, and necessity. Such
demonstration shall consist of the following information, as
applicable:
* * * * *
(q) Subject to the availability of electronic forms, all
applications 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: //http://www.fcc.gov/ibfs. See also Sec. Sec. 63.20 and
63.53.
0
8. Section 63.19 is amended by adding paragraph (d) to read as follows:
Sec. 63.19 Special procedures for discontinuances of international
services.
* * * * *
(d) 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.
0
9. Section 63.20 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 63.20 Electronic filing, copies required; fees; and filing
periods for international service providers.
(a) 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.
Each application shall be accompanied by the fee
prescribed in subpart G of part 1 of this chapter. For applications
filed electronically it is not necessary to send the original or any
copies with the fee payment. For applications and other filings that
are not submitted electronically, an original and five (5) copies of
the submission must be filed with the Commission. Upon request by the
Commission, additional copies shall be furnished.
* * * * *
0
10. Section 63.21 is amended by revising paragraphs (a), (h), (i) and
adding paragraph (j) to read as follows:
Sec. 63.21 Conditions applicable to all international Section 214
authorizations.
* * * * *
(a) Each carrier is responsible for the continuing accuracy of the
certifications made in its application. Whenever the substance of any
such certification is no longer accurate, the carrier shall as promptly
as possible and, in any event, within thirty (30) days, file with the
Commission a corrected certification referencing the FCC file number
under which the original certification was provided. The information
may be used by the Commission to determine whether a change in
regulatory status may be warranted under Sec. 63.10. See also Sec.
63.11.
* * * * *
(h) Subject to the requirement of Sec. 63.10 that a carrier
regulated as dominant along a route must provide service as an entity
that is separate from its foreign carrier affiliate, and subject to any
other structural-separation requirement in Commission regulations, an
authorized carrier may provide service through any wholly owned direct
or indirect subsidiaries. The carrier must, within thirty (30) days
after the subsidiary begins providing service, file with the Commission
a notification referencing the authorized carrier's name and the FCC
file numbers under which the carrier's authorizations were granted and
identifying the subsidiary's name and place of legal organization. This
provision shall not be construed to authorize the provision of service
by any entity barred by statute or regulation from itself holding an
authorization or providing service.
(i) An authorized carrier, or a subsidiary operating pursuant to
paragraph (h) of this section, that changes its name (including the
name under which it is doing business) must notify the Commission
within thirty (30) days of the name change. Such notification shall
reference the FCC file numbers under which the carrier's authorizations
were granted.
(j) Subject to the availability of electronic forms, all
notifications and other 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
[[Page 38799]]
1, Sec. Sec. 1.1000 through 1.10018 of this chapter and the IBFS
homepage at http: //http://www.fcc.gov/ibfs. See also Sec. Sec. 63.20 and
63.53.
0
11. Section 63.24 is amended by revising paragraphs (e)(4), (f)(2), and
(f)(3) and adding paragraph (h) to read as follows:
Sec. 63.24 Assignments and transfers of control.
* * * * *
(e) * * *
(4) An assignee or transferee must notify the Commission no later
than thirty (30) days after either consummation of the proposed
assignment or transfer of control, or a decision not to consummate the
proposed assignment or transfer of control. The notification shall
identify the file numbers under which the initial authorization and the
authorization of the assignment or transfer of control were granted.
(f) * * *
(2) A pro forma assignee or a carrier that is subject to a pro
forma transfer of control must file a notification with the Commission
no later than thirty (30) days after the assignment or transfer is
completed. The notification must contain the following:
* * * * *
(3) A single notification may be filed for an assignment or
transfer of control of more than one authorization if each
authorization is identified by the file number under which it was
granted.
* * * * *
(h) Subject to the availability of electronic forms, all
applications and notifications 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: //http://www.fcc.gov/ibfs. See also Sec. Sec. 63.20
and 63.53.
0
12. Section 63.25 is amended by revising paragraphs (b), (c)
introductory text, (d)(2) and adding paragraph (e) to read as follows:
Sec. 63.25 Special provisions relating to temporary or emergency
service by international carriers.
* * * * *
(b) Applicants seeking immediate authorization to provide temporary
service or emergency service must file their request with the
Commission. Requests must set forth why such immediate authority is
required; the nature of the emergency; the type of facilities proposed
to be used; the route kilometers thereof; the terminal communities to
be served, and airline kilometers between such communities; how these
points are currently being served by the applicant or other carriers;
the need for the proposed service; the cost involved, including any
rentals, the date on which the service is to begin, and where known,
the date or approximate date on which the service to is terminate.
(c) Without regard to the other requirements of this part, and by
application setting forth the need therefore, any carrier may request
continuing authority, subject to termination by the Commission at any
time upon ten (10) days' notice to the carrier, to provide temporary or
emergency service by the construction or installation of facilities
where the estimated construction, installation, and acquisition costs
do not exceed $35,000 or an annual rental of not more than $7,000
provided that such project does not involve a major action under the
Commission's environmental rules. (See subpart I of part 1 of this
chapter.) Any carrier to which continuing authority has been granted
under this paragraph shall, not later than the 30th day following the
end of each 6-month period covered by such authority, file with the
Commission a statement making reference to this paragraph and setting
forth, with respect to each project (construction, installation, lease,
including any renewals thereof), which was commenced or, in the case of
leases, entered into under such authority, and renewal or renewals
thereof which were in continuous effect for a period of more than one
week, the following information:
* * * * *
(d) * * *
(2) Such request shall make reference to this paragraph and set
forth the points between which applicant desires to operate facilities
of other carriers and the nature of the traffic to be handled.
* * * * *
(e) Subject to the availability of electronic forms, all
applications and notifications 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: //http://www.fcc.gov/ibfs. See also Sec. Sec. 63.20
and 63.53.
0
13. Section 63.51 is amended by revising paragraph (c) to read as
follows:
Sec. 63.51 Additional Information.
* * * * *
(c) Any additional information which the Commission may require
must be submitted in the same manner as was the original filing. For
information on 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
, and Sec. 63.20.
0
14. Section 63.53 is amended by revising paragraphs (a)(1), (a)(2) and
paragraph (b) to read as follows:
Sec. 63.53 Form.
(a)(1) Applications for international service under section 214 of
the Communications Act must be filed electronically with the
Commission. For applications filed electronically it is not necessary
to send the original or any copies with the fee payment. Subject to the
availability of electronic forms, all applications and other 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: /
/http://www.fcc.gov/ibfs. See also Sec. Sec. 63.20.
(2) Applications for international service under section 214 of the
Communications Act that are not filed through IBFS shall be submitted
on paper not more than 21.6 cm (8.5 in) wide and not more than 35.6 cm
(14 in) long with a left-hand margin of 4 cm (1.5 in). This requirement
shall not apply to original documents, or admissible copies thereof,
offered as exhibits or to specially prepared exhibits. The impression
shall be on one side of the paper only and shall be double-spaced,
except that long quotations shall be single-spaced and indented. All
papers, except charts and maps, shall be typewritten or prepared by
mechanical processing methods, other than letter press, or printed. The
foregoing shall not apply to official publications. All copies must be
clearly legible.
(b) Applications for domestic authorizations under section 214 of
the Communications Act shall be submitted on paper not more than 21.6
cm (8.5 in) wide and not more than 35.6 cm (14 in) long with a left-
hand margin of 4 cm (1.5 in). This requirement shall not apply to
original documents, or admissible copies thereof, offered as exhibits
or to specially prepared exhibits. The impression shall be on one side
of the paper only and shall be double-spaced, except that long
[[Page 38800]]
quotations shall be single-spaced and indented. All papers, except
charts and maps, shall be typewritten or prepared by mechanical
processing methods, other than letter press, or printed. The foregoing
shall not apply to official publications. All copies must be clearly
legible.
* * * * *
0
15. Section 63.701 is amended by revising the introductory text and
adding paragraph (j) to read as follows:
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:
* * * * *
(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.
PART 64--MISCLLANEOUS RULES RELATING TO COMMON CARRIERS
0
16. 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, 222, 225, 226, 228, and 254(k) unless otherwise noted.
0
16a. Section 64.1001 is amended by revising paragraph (a) and adding
paragraph (f) 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 (e) of
this section.
* * * * *
(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.
0
17. Section 64.1002 is amended by revising paragraph (c) and adding
paragraph (e) to read as follows:
Sec. 64.1002 International settlements policy.
* * * * *
(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 must make its request 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.
* * * * *
(e) 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.
* * * * *
[FR Doc. 05-12937 Filed 7-5-05; 8:45 am]
BILLING CODE 6712-01-P