§  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:

   (a) The name and address of each applicant;

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

   (c) The name, title and post office address of the officer of a
   corporate applicant, or representative of a non-corporate applicant, to
   whom correspondence concerning the application is to be addressed;

   (d) A statement of the ownership of a non-corporate applicant, or the
   ownership of the stock of a corporate applicant, including an
   indication whether the applicant or its stock is owned directly or
   indirectly by an alien;

   (e) A copy of each corporate applicant's articant's articles of
   incorporation (or its equivalent) and of its corporate bylaws;

   (f) A statement whether the applicant is a carrier subject to section
   214 of the Communications Act, an operator of broadcast or other radio
   facilities, licensed under title III of the Act, capable of causing
   harmful interference with the radio transmissions of other countries,
   or a non-carrier provider of services classed as “enhanced” under
   §  64.702(a);

   (g) A statement that the services for which designated as a recognized
   private operating agency is sought will be extended to a point outside
   the United States or are capable of causing harmful interference of
   other radio transmission and a statement of the nature of the services
   to be provided;

   (h) A statement setting forth the points between which the services are
   to be provided; and

   (i) A statement as to whether covered services are provided by
   facilities owned by the applicant, by facilities leased from another
   entity, or other arrangement and a description of the arrangement.

   (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, § §  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.

   [ 51 FR 18448 , May 20, 1986, as amended at  69 FR 29902 , May 26, 2004;  70 FR 38800 , July 6, 2005]

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