Sec. 63.10  Regulatory classification of U.S. international carriers.

    (a) Unless otherwise determined by the Commission, any party 
authorized to provide an international communications service under this 
part shall be classified as either dominant or nondominant for the 
provision of particular international communications services on 
particular routes as set forth in this section. The rules set forth in 
this section shall also apply to determinations of regulatory status 
pursuant to Secs. 63.11 and 63.13. For purposes of paragraphs (a)(1) 
through (a)(3) of this section, ``affiliation'' and ``foreign carrier'' 
are defined as set forth in Sec. 63.18(h)(1) (i) and (ii), respectively.
    (1) A U.S. carrier that has no affiliation with, and that itself is 
not, a foreign carrier in a particular country to which it provides 
service (i.e., a destination country) will presumptively be considered 
non-dominant for the provision of international communications services 
on that route;
    (2) A U.S. carrier that is, or that has or acquires an affiliation 
with a foreign carrier that is a monopoly in a destination country will 
presumptively be classified as dominant for the provision of 
international communications services on that route; and
    (3) A U.S. carrier that is, or that has or acquires an affiliation 
with a foreign carrier that is not a monopoly in a destination country 
and that seeks to be regulated as non-dominant on that route bears the 
burden of submitting information to the Commission sufficient to 
demonstrate that its foreign affiliate lacks the ability to discriminate 
against unaffiliated U.S. carriers through control of bottleneck 
services or facilities in the destination country. Such a demonstration 
should address the factors that relate to the scope or

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degree of the foreign affiliate's bottleneck control, including those 
listed in Sec. 63.18(h)(8).
    (4) A carrier that is authorized under this part to provide to a 
particular destination country a particular international communications 
service, and that provides such service solely through the resale of an 
unaffiliated U.S. facilities-based carrier's international switched 
services (either directly or indirectly through the resale of another 
U.S. resale carrier's international switched services), shall 
presumptively be classified as nondominant for the provision of the 
authorized service. The existence of an affiliation with a U.S. 
facilities-based international carrier shall be assessed in accordance 
with the definition of affiliation contained in Sec. 63.18(h)(1)(i), 
except that the phrase ``U.S. facilities-based international carrier'' 
shall be substituted for the phrase ``foreign carrier.''
    (b) Any party that seeks to defeat the presumptions in paragraphs 
(a)(1), (a)(2) and (a)(4) of this section shall bear the burden of proof 
upon any issue it raises as to the proper classification of the U.S. 
carrier.
    (c) Any carrier classified as dominant for the provision of 
particular services on particular routes under this section shall comply 
with the following requirements in its provision of such services on 
each such route:
    (1) File international service tariffs on 14-days notice without 
cost support;
    (2) Maintain complete records of the provisioning and maintenance of 
basic network facilities and services procured from its foreign carrier 
affiliate or from an allied foreign carrier, including, but not limited 
to, those it procures on behalf of customers of any joint venture for 
the provision of U.S. basic or enhanced services in which the U.S. and 
foreign carrier participate, which information shall be made available 
to the Commission upon request;
    (3) Obtain Commission approval pursuant to Sec. 63.18 before adding 
or discontinuing circuits; and
    (4) File quarterly reports of revenue, number of messages, and 
number of minutes of both originating and terminating traffic within 90 
days from the end of each calendar quarter.

[ 57 FR 57966 , Dec. 8, 1992, as amended at  60 FR 67337 , Dec. 29, 1995;  61 FR 15727 , Apr. 9, 1996]