§ 63.23   Resale-based international common carriers.

   The  following  conditions  apply to carriers authorized to resell the
   international services of other authorized carriers:

   (a) A carrier authorized under § 63.18(e)(2) may provide resold international
   services to international points for which the applicant qualifies for
   non-dominant regulation as set forth in § 63.10, except that the carrier may
   not provide either of the following services unless it has received specific
   authority to do so under § 63.18(e)(3):

   (1) Resold switched services to a non-WTO Member country where the applicant
   is, or is affiliated with, a foreign carrier; and

   (2)  Switched  or private line services over resold private lines to a
   destination market where the applicant is, or is affiliated with, a foreign
   carrier and the Commission has not determined that the foreign carrier lacks
   market power in the destination market (see § 63.10(a)).

   (b) The carrier may not resell the international services of an affiliated
   carrier  regulated as dominant on the route to be served unless it has
   received specific authority to do so under § 63.18(e)(3).

   (c) Subject to the limitations specified in paragraph (b) of this section
   and  in  § 63.17(b),  the  carrier may provide service by reselling the
   international  services of any other authorized U.S. common carrier or
   foreign carrier, or by entering into a roaming or other arrangement with a
   foreign carrier, for the provision of international basic switched, private
   line, data, television and business services to all international points.

   Note to paragraph (c): For purposes of this paragraph, a roaming arrangement
   with  a  foreign  carrier is defined as an arrangement under which the
   subscribers of a U.S. commercial mobile radio service provider use the
   facilities of a foreign carrier with which the subscriber has no direct
   pre-existing service or financial relationship to place a call from the
   foreign country to the United States.

   (d) The carrier may provide switched basic services over its authorized
   resold private lines in either of the following two circumstances:

   (1)  The country at the foreign end of the private line appears on the
   Commission's list of international routes exempted from the international
   settlements policy set forth in § 64.1002 of this chapter; or

   (2) The carrier is exchanging switched traffic with a foreign carrier that
   lacks market power in the country at the foreign end of the private line. A
   foreign carrier lacks market power for purposes of this section if it does
   not appear on the Commission's list of foreign carriers that do not qualify
   for  the presumption that they lack market power in particular foreign
   points.

   Note  to  paragraph (d): The Commission's list of international routes
   exempted from the international settlements policy, and the Commission's
   list of foreign carriers that do not qualify for the presumption that they
   lack  market  power  in particular foreign points are available on the
   International Bureau's World Wide Web site at http://www.fcc.gov/ib.

   (e) 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.

   [ 64 FR 19066 , Apr. 19, 1999, as amended at  64 FR 34741 , June 29, 1999;  67 FR 45391 , July 9, 2002;  69 FR 23154 , Apr. 28, 2004;  72 FR 54366 , Sept. 25,
   2007;  76 FR 42573 , July 19, 2011]

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