§ 63.14   Prohibition on agreeing to accept special concessions.

   (a) Any carrier authorized to provide international communications service
   under this part shall be prohibited, except as provided in paragraph (c) of
   this  section, from agreeing to accept special concessions directly or
   indirectly from any foreign carrier with respect to any U.S. international
   route where the foreign carrier possesses sufficient market power on the
   foreign end of the route to affect competition adversely in the U.S. market
   and from agreeing to accept special concessions in the future.

   Note to paragraph (a): Carriers may rely on the Commission's list of foreign
   carriers that do not qualify for the presumption that they lack market power
   in particular foreign points for purposes of determining which foreign
   carriers are the subject of the prohibitions contained in this section. The
   Commission's  list  of  foreign  carriers  that do not qualify for the
   presumption that they lack market power is available from the International
   Bureau's World Wide Web site at http://www.fcc.gov/ib.

   (b) A special concession is defined as an exclusive arrangement involving
   services,  facilities,  or  functions  on  the  foreign  end of a U.S.
   international  route  that  are  necessary  for the provision of basic
   telecommunications  services  where  the arrangement is not offered to
   similarly situated U.S.-licensed carriers and involves:

   (1) Operating agreements for the provision of basic services;

   (2) Distribution arrangements or interconnection arrangements, including
   pricing, technical specifications, functional capabilities, or other quality
   and operational characteristics, such as provisioning and maintenance times;
   or

   (3) Any information, prior to public disclosure, about a foreign carrier's
   basic  network  services that affects either the provision of basic or
   enhanced services or interconnection to the foreign country's domestic
   network by U.S. carriers or their U.S. customers.

   (c) This section shall not apply to the rates, terms and conditions in an
   agreement between a U.S. carrier and a foreign carrier that govern the
   settlement  of  U.S.  international  traffic, including the method for
   allocating return traffic.

   [ 62 FR 64754 , Dec. 9, 1997, as amended at  64 FR 19063 , Apr. 19, 1999;  64 FR 34741 , June 29, 1999;  66 FR 16881 , Mar. 28, 2001;  69 FR 23154 , Apr. 28,
   2004;  78 FR 11112 , Feb. 15, 2013]

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