Sec.  63.22   Facilities-based international common carriers.

   The following conditions apply to authorized facilities-based international
   carriers:

   (a)  A carrier authorized under  Sec. 63.18(e)(1) may provide international
   facilities-based services to international points for which it qualifies for
   non-dominant regulation as set forth in  Sec. 63.10, except in the following
   circumstance: If the carrier is, or is affiliated with, a foreign carrier in
   a destination market and the Commission has not determined that the foreign
   carrier lacks market power in the destination market (see  Sec. 63.10(a)), the
   carrier shall not provide service on that route unless it has received
   specific authority to do so under  Sec. 63.18(e)(3).

   (b) The carrier may provide service using half-circuits on any U.S. common
   carrier and non-common carrier facilities that do not appear on an exclusion
   list  published by the Commission. Carriers may also use any necessary
   non-U.S.-licensed facilities, including any submarine cable systems, that do
   not appear on the exclusion list. Carriers may not use U.S. earth stations
   to access non-U.S.-licensed satellite systems unless the Commission has
   specifically approved the use of those satellites and so indicates on the
   exclusion list. The exclusion list is available from the International
   Bureau's World Wide Web site at http://www.fcc.gov/ib. 

   (c) Specific authority under  Sec. 63.18(e)(3) is required for the carrier to
   provide  service using any facilities listed on the exclusion list, to
   provide service between the United States and any country on the exclusion
   list, or to construct, acquire, or operate lines in any new major common
   carrier facility project.

   (d) The carrier may provide international basic switched, private line,
   data, television and business services.

   (e) The carrier shall file annual international circuit status reports as
   required by  Sec. 43.82 of this chapter.

   (f) The authority granted under this part is subject to all Commission rules
   and regulations and any conditions or limitations stated in the Commission's
   public notice or order that serves as the carrier's Section 214 certificate.
   See  Sec.  Sec. 63.12, 63.21 of this part.

   [ 64 FR 19065 , Apr. 19, 1999, as amended at  64 FR 34741 , June 29, 1999;  67 FR 45391 , July 9, 2002;  69 FR 23154 , Apr. 28, 2004]