§  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:

   (a) The name, address, and telephone number of each applicant;

   (b) The Government, State, or Territory under the laws of which each
   corporate or partnership applicant is organized;

   (c) The name, title, post office address, and telephone number of the
   officer and any other contact point, such as legal counsel, to whom
   correspondence concerning the application is to be addressed;

   (d) A statement as to whether the applicant has previously received
   authority under Section 214 of the Act and, if so, a general
   description of the categories of facilities and services authorized
   (i.e., authorized to provide international switched services on a
   facilities basis);

   (e) One or more of the following statements, as pertinent:

   (1) Global facilities-based authority. If applying for authority to
   become a facilities-based international common carrier subject to
   §  63.22 of this part, the applicant shall:

   (i) State that it is requesting Section 214 authority to operate as a
   facilities-based carrier pursuant to §  63.18(e)(1) of this part of the
   Commission's rules;

   (ii) List any countries for which the applicant does not request
   authorization under this paragraph (see §  63.22(a) of this part); and

   (iii) Certify that it will comply with the terms and conditions
   contained in § §  63.21 and 63.22 of this part.

   (2) Global Resale Authority. If applying for authority to resell the
   international services of authorized common carriers subject to
   §  63.23, the applicant shall:

   (i) State that it is requesting Section 214 authority to operate as a
   resale carrier pursuant to §  63.18(e)(2) of this section of the
   Commission's rules;

   (ii) List any countries for which the applicant does not request
   authorization under this paragraph (see §  63.23(a) of this part); and

   (iii) Certify that it will comply with the terms and conditions
   contained in § §  63.21 and 63.23 of this part.

   (3) Other authorizations. If applying for authority to acquire
   facilities or to provide services not covered by paragraphs (e)(1) and
   (e)(2) of this section, the applicant shall provide a description of
   the facilities and services for which it seeks authorization. The
   applicant shall certify that it will comply with the terms and
   conditions contained in § §  63.21 and 63.22 and/or 63.23, as
   appropriate. Such description also shall include any additional
   information the Commission shall have specified previously in an order,
   public notice or other official action as necessary for authorization.

   (f) Applicants may apply for any or all of the authority provided for
   in paragraph (e) of this section in the same application. The applicant
   may want to file separate applications for those services not subject
   to streamlined processing under §  63.12.

   (g) Where the applicant is seeking facilities-based authority under
   paragraph (e)(3) of this section, a statement whether an authorization
   of the facilities is categorically excluded as defined by §  1.1306 of
   this chapter. If answered affirmatively, an environmental assessment as
   described in §  1.1311 of this chapter need not be filed with the
   application.

   (h) The name, address, citizenship and principal businesses of any
   person or entity that directly or indirectly owns at least ten percent
   of the equity of the applicant, and the percentage of equity owned by
   each of those entities (to the nearest one percent). The applicant
   shall also identify any interlocking directorates with a foreign
   carrier.

   Note to paragraph ( h ): Ownership and other interests in U.S. and
   foreign carriers will be attributed to their holders and deemed
   cognizable pursuant to the following criteria: Attribution of ownership
   interests in a carrier that are held indirectly by any party through
   one or more intervening corporations will be determined by successive
   multiplication of the ownership percentages for each link in the
   vertical ownership chain and application of the relevant attribution
   benchmark to the resulting product, except that wherever the ownership
   percentage for any link in the chain that is equal to or exceeds 50
   percent or represents actual control, it shall be treated as if it were
   a 100 percent interest. For example, if A owns 30 percent of company X,
   which owns 60 percent of company Y, which owns 26 percent of “carrier,”
   then X's interest in “carrier” would be 26 percent (the same as Y's
   interest because X's interest in Y exceeds 50 percent), and A's
   interest in “carrier” would be 7.8 percent (0.30×0.26 because A's
   interest in X is less than 50 percent). Under the 25 percent
   attribution benchmark, X's interest in “carrier” would be cognizable,
   while A's interest would not be cognizable.

   (i) A certification as to whether or not the applicant is, or is
   affiliated with, a foreign carrier. The certification shall state with
   specificity each foreign country in which the applicant is, or is
   affiliated with, a foreign carrier.

   (j) A certification as to whether or not the applicant seeks to provide
   international telecommunications services to any destination country
   for which any of the following is true. The certification shall state
   with specificity the foreign carriers and destination countries:

   (1) The applicant is a foreign carrier in that country; or

   (2) The applicant controls a foreign carrier in that country; or

   (3) Any entity that owns more than 25 percent of the applicant, or that
   controls the applicant, controls a foreign carrier in that country.

   (4) Two or more foreign carriers (or parties that control foreign
   carriers) own, in the aggregate, more than 25 percent of the applicant
   and are parties to, or the beneficiaries of, a contractual relation
   (e.g., a joint venture or market alliance) affecting the provision or
   marketing of international basic telecommunications services in the
   United States.

   (k) For any destination country listed by the applicant in response to
   paragraph (j) of this section, the applicant shall make one of the
   following showings:

   (1) The named foreign country (i.e., the destination foreign country)
   is a Member of the World Trade Organization; or

   (2) The applicant's affiliated foreign carrier lacks market power in
   the named foreign country; or

   (3) The named foreign country provides effective competitive
   opportunities to U.S. carriers to compete in that country's market for
   the service that the applicant seeks to provide (facilities-based,
   resold switched, or resold non-interconnected private line services).
   An effective competitive opportunities demonstration should address the
   following factors:

   (i) If the applicant seeks to provide facilities-based international
   services, the legal ability of U.S. carriers to enter the foreign
   market and provide facilities-based international services, in
   particular international message telephone service (IMTS);

   (ii) If the applicant seeks to provide resold services, the legal
   ability of U.S. carriers to enter the foreign market and provide resold
   international switched services (for switched resale applications) or
   non-interconnected private line services (for non-interconnected
   private line resale applications);

   (iii) Whether there exist reasonable and nondiscriminatory charges,
   terms and conditions for interconnection to a foreign carrier's
   domestic facilities for termination and origination of international
   services or the provision of the relevant resale service;

   (iv) Whether competitive safeguards exist in the foreign country to
   protect against anticompetitive practices, including safeguards such
   as:

   (A) Existence of cost-allocation rules in the foreign country to
   prevent cross-subsidization;

   (B) Timely and nondiscriminatory disclosure of technical information
   needed to use, or interconnect with, carriers' facilities; and

   (C) Protection of carrier and customer proprietary information;

   (v) Whether there is an effective regulatory framework in the foreign
   country to develop, implement and enforce legal requirements,
   interconnection arrangements and other safeguards; and

   (vi) Any other factors the applicant deems relevant to its
   demonstration.

   (l) Any applicant that proposes to resell the international switched
   services of an unaffiliated U.S. carrier for the purpose of providing
   international telecommunications services to a country where it is a
   foreign carrier or is affiliated with a foreign carrier shall either
   provide a showing that would satisfy §  63.10(a)(3) of this part or
   state that it will file the quarterly traffic reports required by
   §  43.61(c) of this chapter.

   (m) With respect to regulatory classification under §  63.10 of this
   part, any applicant that is or is affiliated with a foreign carrier in
   a country listed in response to paragraph (i) of this section and that
   desires to be regulated as non-dominant for the provision of particular
   international telecommunications services to that country should
   provide information in its application to demonstrate that it qualifies
   for non-dominant classification pursuant to §  63.10 of this part.

   (n) A certification that the applicant has not agreed to accept special
   concessions directly or indirectly from any foreign carrier with
   respect to any U.S. international route where the foreign carrier
   possesses market power on the foreign end of the route and will not
   enter into such agreements in the future.

   (o) A certification pursuant to § §  1.2001 through 1.2003 of this
   chapter that no party to the application is subject to a denial of
   Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of
   1988. See 21 U.S.C. 853a.

   (p) If the applicant desires streamlined processing pursuant to
   §  63.12, a statement of how the application qualifies for streamlined
   processing.

   (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, § §  1.1000
   through 1.10018 of this chapter and the IBFS homepage at
   http://www.fcc.gov/ibfs. See also § §  63.20 and 63.53.

   [ 61 FR 15729 , Apr. 9, 1996, as amended at  62 FR 32965 , June 17, 1997;
    62 FR 45762 , Aug. 29, 1997;  62 FR 64755 , Dec. 9, 1997;  63 FR 24121 , May
   1, 1998;  64 FR 19064 , Apr. 19, 1999;  65 FR 60117 , Oct. 10, 2000;  67 FR 45390 , July 9, 2002;  69 FR 29902 , May 26, 2004;  70 FR 38798 , July 6,
   2005;  72 FR 54366 , Sept. 25, 2007]

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