Sec. 63.13  Streamlined procedures for modifying regulatory 
          classification of U.S. international carriers from dominant to 
          nondominant.

    (a) Any carrier that is authorized to provide an international 
communications service under this part and that was classified by the 
Commission as dominant for all international routes and services prior 
to the effective date of this rule due to the carrier's foreign 
ownership may apply to modify its regulatory status from dominant to 
nondominant for particular routes for the provision of international 
communications services in accordance with the provisions of this 
section.
    (1) Any such carrier may file a certified list of those routes it is 
authorized to serve for which it does not have an affiliation with a 
foreign carrier on the foreign end. For purposes of this paragraph 
affiliation and foreign carrier are defined as in Sec. 63.01(r)(1) (i) 
and (ii), respectively. The carrier shall file with its certified list 
the ownership information required by Sec. 63.01(r)(2).
    (2) Any such carrier may also file a certified list of those routes 
for which

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it has an affiliation with a foreign carrier (as defined in 
Sec. 63.01(r)(1) (i) and (ii)) but for which it provides a specified 
international communications service solely through the resale of the 
international switched or private line services of U.S. facilities-based 
carriers with which the resale carrier does not have an affiliation. 
Such an affiliation is defined as in Sec. 63.01(r)(1)(i), except that 
the phrase ``U.S. facilities-based international carrier'' shall be 
substituted for the phrase ``foreign carrier.''
    (3) Any carrier filing a certified list pursuant to paragraph (a)(2) 
of this section that resells international private line services on a 
particular named route for the provision of a particular named service 
must also be able to certify, and so certify, that its foreign carrier-
affiliate does not own or control telecommunications facilities on the 
foreign end of the route. For purposes of this paragraph, 
``telecommunications facilities'' are defined as in Sec. 63.18(h)(4).
    (4) Any carrier filing a certified list pursuant to paragraph (a)(2) 
of this section must also provide the ``special concessions'' 
certification as required to be submitted pursuant to Sec. 63.18(i).
    (5) Each carrier is responsible for the continuing accuracy of the 
certifications provided under paragraph (a) of this section. Whenever 
the substance of any certification provided under paragraphs (a)(2) or 
(a)(3) of this section is no longer accurate, the carrier shall as 
promptly as possible and in any event within 30 days file with the 
Secretary in duplicate a corrected certification referencing the FCC 
File No. under which the original certification was provided. This 
information may be used by the Commission to determine whether a change 
in regulatory status on a particular route may be warranted under 
Sec. 63.10. The carrier shall immediately inform the Commission if at 
any time the representations in the ``special concessions'' 
certification provided under paragraph (a)(4) of this section are no 
longer true. See Sec. 63.18(i)(2).
    (b) Except as provided in paragraph (c) of this section, a complete 
application submitted pursuant to the provisions of paragraph (a) of 
this section shall be granted by the Commission 45 days after the date 
of public notice listing the application as accepted for filing, and the 
carrier filing such application may begin operating on the 46th day in 
accordance with the regulatory status proposed in its application and 
with all rules, regulations, and policies of the Commission. The 
Commission will subsequently issue a written order ratifying the 
modification of the carrier's regulatory status.
    (c) The streamlined processing procedure provided by paragraph (b) 
of this section shall not apply where:
    (1) The application is formally opposed within the meaning of 
Sec. 1.1202(e) of this chapter; or
    (2) The Commission has informed the applicant in writing, within 45 
days after the date of public notice, that the application is not 
eligible for streamlined processing under this section and must be 
supplemented as set forth in paragraph (d) of this section.
    (d) Any party that desires to modify its regulatory status from 
dominant to nondominant pursuant to paragraph (a) of this section, but 
that does not qualify for streamlined processing under this section, 
must request such modification by filing a petition for declaratory 
ruling, or by including such request in an application filed under this 
part requesting authority to provide service on the particular route for 
which such modification is desired. Any such filing should include the 
information specified in Sec. 63.01(r)(7).

[57 1997 FR 57967 , Dec. 8, 1992, as amended at  61 FR 15728 , Apr. 9, 1996]