§ 63.22   Facilities-based international common carriers.

   The following conditions apply to authorized facilities-based international
   carriers:

   (a)  A carrier authorized under § 63.18(e)(1) may provide international
   facilities-based services to international points for which it qualifies for
   non-dominant regulation as set forth in § 63.10, except in the following
   circumstance: If the carrier is, or is affiliated with, a foreign carrier in
   a destination market and the Commission has not determined that the foreign
   carrier lacks market power in the destination market (see § 63.10(a)), the
   carrier shall not provide service on that route unless it has received
   specific authority to do so under § 63.18(e)(3).

   (b) The carrier may provide service using half-circuits on any U.S. common
   carrier and non-common carrier facilities that do not appear on an exclusion
   list  published by the Commission. Carriers may also use any necessary
   non-U.S.-licensed facilities, including any submarine cable systems, that do
   not appear on the exclusion list. Carriers may not use U.S. earth stations
   to access non-U.S.-licensed satellite systems unless the Commission has
   specifically approved the use of those satellites and so indicates on the
   exclusion list. The exclusion list is available from the International
   Bureau's World Wide Web site at http://www.fcc.gov/ib.

   (c) Specific authority under § 63.18(e)(3) is required for the carrier to
   provide  service using any facilities listed on the exclusion list, to
   provide service between the United States and any country on the exclusion
   list, or to construct, acquire, or operate lines in any new major common
   carrier facility project.

   (d) The carrier may provide international basic switched, private line,
   data, television and business services.

   (e) The carrier shall file annual international circuit capacity reports as
   required by § 43.62 of this chapter.

   (f) The terms and conditions of any operating or other agreement relating to
   the exchange of services, interchange or routing of traffic and matters
   concerning rates, accounting rates, division of tolls, the allocation of
   return traffic, or the basis of settlement of traffic balances, entered into
   by  U.S.  common  carriers authorized pursuant to this part to provide
   facilities-based  switched  voice  service  on  the U.S.-Cuba route in
   correspondence  with  a  Cuban  carrier  that does not qualify for the
   presumption that it lacks market power in Cuba, shall be identical to the
   equivalent  terms and conditions in the operating agreement of another
   carrier providing the same or similar service between the United States and
   Cuba.  Carriers may seek waiver of this requirement. See International
   Settlements Policy Reform, Report and Order, IB Docket Nos. 11-80, 05-254,
   09-10, RM 11322, FCC 12-145 (rel. November 29, 2012).

   (g) A carrier or other party may request Commission intervention on any U.S.
   international route for which competitive problems are alleged by filing
   with  the  International  Bureau a petition, pursuant to this section,
   demonstrating anticompetitive behavior by foreign carriers that is harmful
   to U.S. customers. The Commission may also act on its own motion. Carriers
   and  other parties filing complaints must support their petitions with
   evidence, including an affidavit and relevant commercial agreements. The
   International Bureau will review complaints on a case-by-case basis and take
   appropriate  action  on delegated authority pursuant to § 0.261 of this
   chapter. Interested parties will have 10 days from the date of issuance of a
   public  notice of the petition to file comments or oppositions to such
   petitions and subsequently 7 days for replies. In the event significant,
   immediate harm to the public interest is likely to occur that cannot be
   addressed through post facto remedies, the International Bureau may impose
   temporary requirements on carriers authorized pursuant to § 63.18 of this
   chapter without prejudice to its findings on such petitions.

   (h) The authority granted under this part is subject to all Commission rules
   and regulations and any conditions or limitations stated in the Commission's
   public notice or order that serves as the carrier's Section 214 certificate.
   See § § 63.12, 63.21 of this part.

   Note 1 to § 63.22: For purposes of this section, foreign carrier is defined
   in § 63.09 of this chapter.

   Note 2 to § 63.22: For purposes of this section, a foreign carrier shall be
   considered to possess market power if it appears on the Commission's list of
   foreign carriers that do not qualify for the presumption that they lack
   market power in particular foreign points. This list is available on the
   International Bureau's World Wide Web site at http://www.fcc.gov/ib. The
   Commission will include on the list of foreign carriers that do not qualify
   for the presumption that they lack market power in particular foreign points
   any  foreign  carrier  that has 50 percent or more market share in the
   international transport or local access markets of a foreign point. A party
   that seeks to remove such a carrier from the Commission's list bears the
   burden of submitting information to the Commission sufficient to demonstrate
   that the foreign carrier lacks 50 percent market share in the international
   transport and local access markets on the foreign end of the route or that
   it nevertheless lacks sufficient market power on the foreign end of the
   route to affect competition adversely in the U.S. market. A party that seeks
   to add a carrier to the Commission's list bears the burden of submitting
   information to the Commission sufficient to demonstrate that the foreign
   carrier has 50 percent or more market share in the international transport
   or  local  access  markets  on the foreign end of the route or that it
   nevertheless has sufficient market power to affect competition adversely in
   the U.S. market.

   [ 64 FR 19065 , Apr. 19, 1999, as amended at  64 FR 34741 , June 29, 1999;  67 FR 45391 , July 9, 2002;  69 FR 23154 , Apr. 28, 2004;  78 FR 11112 , Feb. 15, 2013;
    78 FR 15624 , Mar. 12, 2013]

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