§  63.21   Conditions applicable to all international Section 214
authorizations.

   International carriers authorized under Section 214 of the
   Communications Act of 1934, as amended, must follow the following
   requirements and prohibitions:

   (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 §  63.10. See also §  63.11.

   (b) Carriers must file copies of operating agreements entered into with
   their foreign correspondents as specified in §  43.51 of this chapter
   and shall otherwise comply with the filing requirements contained in
   that section.

   (c) Carriers regulated as dominant for the provision of a particular
   international communications service on a particular route for any
   reason other than a foreign carrier affiliation under §  63.10 shall
   file tariffs pursuant to Section 203 of the Communications Act, 47
   U.S.C. 203, and part 61 of this chapter. Except as specified in
   §  20.15(d) of this chapter with respect to commercial mobile radio
   service providers, carriers regulated as non-dominant, as defined in
   §  61.3 of this chapter, and providing detariffed international
   services pursuant to §  61.19 of this chapter must comply with all
   applicable public disclosure and maintenance of information
   requirements in § §  42.10 and 42.11 of this chapter.

   (d) Carriers must file annual international telecommunications traffic
   and revenue as required by §  43.62 of this chapter.

   (e) Authorized carriers may not access or make use of specific U.S.
   customer proprietary network information that is derived from a foreign
   network unless the carrier obtains approval from that U.S. customer. In
   seeking to obtain approval, the carrier must notify the U.S. customer
   that the customer may require the carrier to disclose the information
   to unaffiliated third parties upon written request by the customer.

   (f) Authorized carriers may not receive from a foreign carrier any
   proprietary or confidential information pertaining to a competing U.S.
   carrier, obtained by the foreign carrier in the course of its normal
   business dealings, unless the competing U.S. carrier provides its
   permission in writing.

   (g) The Commission reserves the right to review a carrier's
   authorization, and, if warranted, impose additional requirements on
   U.S. international carriers in circumstances where it appears that harm
   to competition is occurring on one or more U.S. international routes.

   (h) Subject to the requirement of §  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 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 15732 , Apr. 9, 1996, as amended at  62 FR 45762 , Aug. 29, 1997;
    62 FR 64758 , Dec. 9, 1997;  64 FR 19065 , Apr. 19, 1999;  66 FR 16881 ,
   Mar. 28, 2001;  67 FR 45391 , July 9, 2002;  67 FR 57344 , Sept. 10, 2002;
    70 FR 38798 , July 6, 2005;  78 FR 15623 , Mar. 12, 2013]

   Effective Date Note: At  78 FR 15623 , Mar. 12, 2013, §  63.21 was
   amended by revising paragraph (d). This paragraph contains information
   collection and recordkeeping requirements and will not become effective
   until approval has been given by the Office of Management and Budget.

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