Sec. 64.1001  International settlements policy and modification 
          requests.

    (a) The procedures set forth in this rule are subject to Commission 
policies on international operating agreements in CC Dkt. No. 90-337.
    (b) If the accounting rate referred to in Sec. 43.51(d)(1) of this 
chapter is lower than the accounting rate in effect in the operating 
agreement of another carrier providing service to or from the same 
foreign point, and there is no modification in the other terms and 
conditions referred to in Sec. 43.51(d)(1) of this chapter, the carrier 
must file a notification letter under paragraph (e) of this section.
    (c) If the amendment referred to in Sec. 43.51(d)(2) of this chapter 
is a simple reduction in the accounting rate, and there is no 
modification in the other terms and conditions referred to in 
Sec. 43.51(d)(2) of this chapter, the carrier must file a notification 
letter under paragraph (e) of this section.
    (d) If the operating agreement or amendment referred to in 
Secs. 43.51 (d)(1) and (d)(2) of this chapter is not subject to 
notification under paragraphs (b) and (c) of this section, the carrier 
must file a modification request under paragraph (f) of this section.
    (e) A notification letter must contain the following information:
    (1) The applicable international service;
    (2) The name of the foreign telecommunications administration;
    (3) The present accounting rate (including any surcharges);
    (4) The new accounting rate (including any surcharges);
    (5) The effective date (see paragraph (h) of this section);
    (6) A statement that the accounting rate will be divided 50-50; and
    (7) A statement that there has been no other modification in the 
operating agreement with the foreign correspondent regarding the 
exchange of services,

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interchange or routing of traffic and matters concerning rates, 
accounting rates, division of tolls, allocation of return traffic, or 
the basis of settlement of traffic balances.
    (f) A modification request must contain the following information:
    (1) The applicable international service;
    (2) The name of the foreign telecommunications administration;
    (3) The present accounting rate (including any surcharges);
    (4) The new accounting rate (including any surcharges);
    (5) The effective date;
    (6) The division of the accounting rate;
    (7) An explanation of the proposed modification(s) in the operating 
agreement with the foreign correspondent.
    (g) Notification letters and modification requests must contain 
notarized statements that the filing carrier:
    (1) Has not bargained for, nor has knowledge of, exclusive 
availability of the new accounting rate;
    (2) Has not bargained for, nor has any indication that it will 
receive, more than its proportionate share of return traffic; and
    (3) Has informed the foreign administration that U.S. policy 
requires that competing U.S. carriers have access to accounting rates 
negotiated by the filing carrier with the foreign administration on a 
nondiscriminatory basis.
    (h) The operating agreement or amendment subject to a notification 
letter is effective on the date the carrier files the notification 
letter; provided that the notification letter specifies an effective 
date for the modification that is later than the filing date; provided 
further that, if the purpose of the amendment is to match an accounting 
rate reduction specified in a notification letter previously filed by 
another carrier for the same point, the filing carrier may specify in 
the amendment and notification letter a retroactive effective date 
identical to that on which the previously-filed reduction became 
effective.
    (i) If a carrier files a notification letter for an operating 
agreement or amendment that should have been filed as a modification 
request, the Bureau will return the notification letter to the filing 
carrier and the Bureau will notify the carrier that, before it can 
implement the proposed modification, it must file a modification request 
under paragraph (f) of this section.
    (j) An operating agreement or amendment filed under a modification 
request cannot become effective until the modification request has been 
granted under paragraph (l) of this section.
    (k) On the same day the notification letter or modification request 
is filed, carriers must serve a copy of the notification letter or 
modification request on all carriers providing the same or similar 
service to the foreign administration identified in the filing.
    (l) All modification requests will be subject to a twenty-one (21) 
day pleading period for objections or comments, commencing the date 
after the request is filed. If the modification request is not complete 
when filed, the carrier will be notified that additional information is 
to be submitted, and a new 21 day pleading period will begin when the 
additional information is filed. The modification request will be deemed 
granted as of the twenty-second (22nd) day without any formal staff 
action being taken: provided
    (1) No objections have been filed, and
    (2) The International Bureau has not notified the carrier that grant 
of the modification request may not serve the public interest and that 
implementation of the proposed modification must await formal staff 
action on the modification request. If objections or comments are filed, 
the carrier requesting the modification request may file a response 
pursuant to Sec. 1.45 of this chapter. Modification requests that are 
formally opposed must await formal action by the International Bureau 
before the proposed modification can be implemented.

[ 56 FR 25372 , June 4, 1991, as amended at  58 FR 4354 , Jan. 14, 1993;  60 FR 5333 , Jan. 27, 1995;  62 FR 5541 , Feb. 6, 1997]