§ 63.12   Processing of international Section 214 applications.

   (a)  Except  as  provided by paragraph (c) of this section, a complete
   application seeking authorization under § 63.18 of this part shall be granted
   by  the Commission 14 days after the date of public notice listing the
   application as accepted for filing.

   (b) The applicant may commence operation on the 15th day after the date of
   public notice listing the application as accepted for filing, but only in
   accordance with the operations proposed in its application and the rules,
   regulations, and policies of the Commission. The public notice of the grant
   of  the  authorization  shall  represent  the  applicant's Section 214
   certificate.

   (c) The streamlined processing procedures provided by paragraphs (a) and (b)
   of this section shall not apply where:

   (1) The applicant is affiliated with a foreign carrier in a destination
   market, unless the applicant clearly demonstrates in its application at
   least one of the following:

   (i) The Commission has previously determined that the affiliated foreign
   carrier lacks market power in that destination market;

   (ii)  The applicant qualifies for a presumption of non-dominance under
   § 63.10(a)(3);

   (iii) The affiliated foreign carrier owns no facilities, or only mobile
   wireless facilities, in that destination market. For this purpose, a carrier
   is    said   to   own   facilities   if   it   holds   an   ownership,
   indefeasible-right-of-user,  or leasehold interest in bare capacity in
   international  or  domestic  telecommunications  facilities (excluding
   switches);

   (iv) The affiliated destination market is a WTO Member country and the
   applicant qualifies for a presumption of non-dominance under § 63.10(a)(4)of
   this part;

   (v)  The affiliated destination market is a WTO Member country and the
   applicant agrees to be classified as a dominant carrier to the affiliated
   destination country under § 63.10, without prejudice to its right to petition
   for reclassification at a later date; or

   (vi) An entity with exactly the same ultimate ownership as the applicant has
   been  authorized to provide the applied-for services on the affiliated
   destination route, and the applicant agrees to be subject to all of the
   conditions to which the authorized carrier is subject for its provision of
   service on that route; or

   (2) The applicant has an affiliation with a dominant U.S. carrier whose
   international  switched  or  private line services the applicant seeks
   authority to resell (either directly or indirectly through the resale of
   another reseller's services), unless the applicant agrees to be classified
   as a dominant carrier to the affiliated destination country under § 63.10
   (without prejudice to its right to petition for reclassification at a later
   date); or

   (3) The Commission has informed the applicant in writing, within 14 days
   after the date of public notice listing the application as accepted for
   filing, that the application is not eligible for streamlined processing.

   (d) If an application is deemed complete but, pursuant to paragraph (c) of
   this section, is deemed ineligible for the streamlined processing procedures
   provided by paragraphs (a) and (b) of this section, the Commission will
   issue  public notice indicating that the application is ineligible for
   streamlined processing. Within 90 days of the public notice, the Commission
   will take action upon the application or provide public notice that, because
   the application raises questions of extraordinary complexity, an additional
   90-day period for review is needed. Each successive 90-day period may be so
   extended. The application shall not be deemed granted until the Commission
   affirmatively  acts  upon  the  application.  Operation for which such
   authorization is sought may not commence except in accordance with any terms
   or conditions imposed by the Commission.

   [ 62 FR 64753 , Dec. 9, 1997, as amended at  64 FR 19063 , Apr. 19, 1999;  64 FR 22903 , Apr. 28, 1999;  64 FR 43095 , Aug. 9, 1999;  69 FR 23154 , Apr. 28, 2004]

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