Sec.  43.61   Reports of international telecommunications traffic.

   (a)   Each   common   carrier   engaged   in  providing  international
   telecommunications service between the area comprising the continental
   United States, Alaska, Hawaii, and off-shore U.S. points and any country or
   point outside that area shall file a report with the Commission not later
   than July 31 of each year for service actually provided in the preceding
   calendar year.

   (1) The information contained in the reports shall include actual traffic
   and revenue data for each and every service provided by a common carrier,
   divided among service billed in the United States, service billed outside
   the United States, and service transiting the United States.

   (2)  Each  common  carrier shall submit a revised report by October 31
   identifying and correcting any inaccuracies included in the annual report
   exceeding five percent of the reported figure.

   (3)  The information required under this section shall be furnished in
   conformance with the instructions and reporting requirements prepared under
   the  direction of the Chief, Wireline Competition Bureau, prepared and
   published as a manual, in consultation and coordination with the Chief,
   International Bureau.

   (b) Quarterly Traffic Reports. (1) Each common carrier engaged in providing
   international telecommunicaitons service between the area comprising the
   continental United States, Alaska, Hawaii, and off-shore U.S. points and any
   country  or point outside that area shall file with the Commission, in
   addition to the report required by paragraph (a) of this section, actual
   traffic and revenue data for each calendar quarter in which the carrier's
   quarterly minutes exceed the corresponding minutes for all carriers by one
   or more of the following tests:

   (i) The carrier's aggregate minutes of facilities-based or facilities resale
   switched telephone traffic for service billed in the United States are
   greater than 1.0 percent of the total of such minutes of international
   traffic for all U.S. carriers published in the Commission's most recent
    Sec. 43.61 annual report of international telecommunications traffic;

   (ii) The carrier's aggragate minutes of facilities-based or facilities
   resale switched telephone traffic for service billed outside the United
   States  are  greater  than 1.0 percent of the total of such minutes of
   international traffic for all U.S. carriers published in the Commission's
   most  recent   Sec. 43.61 annual report of international telecommunications
   traffic;

   (iii) The carrier's aggregate minutes of facilities-based or facilities
   switched telephone traffic for service billed in the United States for any
   foreign country are greater than 2.5 percent of the total of such minutes of
   international traffic for that country for all U.S. carriers published in
   the  Commission's  most  recent   Sec. 43.61 annual report of international
   telecommunications traffic; or

   (iv) The carrier's aggregate minutes of facilities-based or facilities
   resale switched telephone traffic for service billed outside the United
   States for any foreign country are greater than 2.5 percent of the total of
   such minutes of international traffic for that country for all U.S. carriers
   published  in  the  Commission's  most  recent  Sec. 43.61 annual report of
   international telecommunications traffic.

   (2) Except as provided in this paragraph, the quarterly reports required by
   paragraph (b)(1) of this section shall be filed in the same format as, and
   in conformance with, the filing procedures for the annual reports required
   by paragraph (a) of this section.

   (i) Carriers filing quarterly reports shall include in those reports only
   their  provision  of  switched, facilities-based telephone service and
   switched, facilities resale telephone service.

   (ii) The quarterly reports required by paragraph (b)(1) of this section
   shall be filed with the Commission no later than April 30 for the prior
   January through March quarter; no later than July 31 for the prior April
   through June quarter; no later than October 31 for the prior July through
   September  quarter; and no later than January 31 for the prior October
   through December period.

   (c) Each common carrier engaged in the resale of international switched
   services that is affiliated with a foreign carrier that has sufficient
   market  power  on  the foreign end of an international route to affect
   competition  adversely in the U.S. market and that collects settlement
   payments from U.S. carriers shall file a quarterly version of the report
   required in paragraph (a) of this section for its switched resale services
   on the dominant route within 90 days from the end of each calendar quarter.
   Commercial Mobile Radio Service (CMRS) carriers, as defined in  Sec. 20.9 of this
   chapter, are not required to file reports pursuant to this paragraph. For
   purposes of this paragraph, affiliated and foreign carrier are defined in
    Sec. 63.09 of this chapter.

   [ 57 FR 8580 , Mar. 11, 1992, as amended at  60 FR 5333 , Jan. 27, 1995;  62 FR 5541 , Feb. 6, 1997;  62 FR 45761 , Aug. 29, 1997;  64 FR 19061 , Apr. 19, 1999;
    66 FR 67112 , Dec. 28, 2001;  67 FR 13225 , Mar. 21, 2002;  67 FR 45390 , July 9,
   2002]