§  63.12   Processing of international Section 214 applications.

   Link to an amendment published at  85 FR 76385 , Nov. 27, 2020.

   (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]