Sec. 63.18  Contents of applications for international common carriers.

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    (e) * * *
    (2) * * *
    (ii) * * *
    (B) The applicant may resell private line services for the provision 
of international basic switched services only to countries found by the 
Commission to provide equivalent resale opportunities, except in 
circumstances where the applicant is affiliated with a facilities-based 
foreign carrier in a destination market and the Commission has not 
determined that the foreign carrier does not possess market power in 
that market. In such circumstances, the applicant shall not commence 
service on any such route unless and until it receives specific 
authority to do so under paragraph (e)(6) of this section. The 
Commission will provide public notice of its determinations.
    (C) The authority granted under this paragraph shall be subject to 
all Commission rules and regulations and any conditions stated in the 
Commission's public notice or order that serves as the applicant's 
Section 214 certificate. See Sec. 63.12.
    (3) If applying for authority to resell private lines for the 
purpose of providing international basic switched services to countries 
not on the Commission's published list of equivalent countries, 
applicant shall demonstrate for each country to which it seeks to 
provide service that that country affords resale opportunities 
equivalent to those available under U.S. law. In this regard, applicant 
shall:

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    (ii) The procedures set forth in paragraph (3)(3) of this section 
are subject to Commission policies on resale of international private 
lines in CC Docket No. 90-337 as amended in IB Docket No. 95-22.
    (4) Any carrier authorized under this section to acquire and operate 
international private line facilities other than through resale may use 
those private lines to provide switched basic services to countries 
found by the Commission to provide equivalent resale opportunities 
except in circumstances where the applicant is affiliated with a 
facilities-based foreign carrier in the country at the foreign end of 
the private line, and the Commission has not determined that the foreign 
carrier does not possess market power in that market. In such 
circumstances, the applicant shall not commence service on such route 
unless and until it receives specific authority to do so under paragraph 
(e)(6) of this section. The Commission will provide public notice of its 
equivalency findings. The applicant is subject to all applicable 
Commission rules and regulations and any conditions stated in the 
Commission's public notice or order that serves as the applicant's 
Section 214 certificate. See Sec. 63.12.
    (i) Except as provided in paragraph (e)(4)(ii) of this section, any 
carrier that seeks to provide switched basic services over its 
authorized private line facilities to countries not identified in the 
Commission's published list of equivalent countries shall, for each 
country for which it seeks to provide switched basic service over its 
authorized private lines facilities, request such authority by formal 
application. Such application shall be accompanied by a demonstration 
that country affords resale opportunities equivalent to those available 
under U.S. law. In this regard, applicant shall include the information 
required by paragraph (e)(3) of this section.
    (ii) No formal application is required under paragraph (e)(4) of 
this section in circumstances where the carrier's previously authorized 
private line facility is interconnected to the public switched network 
only on one end--either the U.S. or the foreign end--and where the 
carrier is not operating the facility in correspondence with a carrier 
that directly or indirectly owns the private line facility in the 
foreign country at the other end of the private line.

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