Goto Section: 63.11 | 63.13 | Table of Contents
FCC 63.12
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 63.12 Processing of international Section 214 applications.
(a) Except as provided by paragraph (c) of this section, a complete
application seeking authorization under § 63.18 of this part shall be
granted by the Commission 14 days after the date of public notice
listing the application as accepted for filing.
(b) The applicant may commence operation on the 15th day after the date
of public notice listing the application as accepted for filing, but
only in accordance with the operations proposed in its application and
the rules, regulations, and policies of the Commission. The public
notice of the grant of the authorization shall represent the
applicant's Section 214 certificate.
(c) The streamlined processing procedures provided by paragraphs (a)
and (b) of this section shall not apply where:
(1) The applicant is affiliated with a foreign carrier in a destination
market, unless the applicant clearly demonstrates in its application at
least one of the following:
(i) The Commission has previously determined that the affiliated
foreign carrier lacks market power in that destination market;
(ii) The applicant qualifies for a presumption of non-dominance under
§ 63.10(a)(3);
(iii) The affiliated foreign carrier owns no facilities, or only mobile
wireless facilities, in that destination market. For this purpose, a
carrier is said to own facilities if it holds an ownership,
indefeasible-right-of-user, or leasehold interest in bare capacity in
international or domestic telecommunications facilities (excluding
switches);
(iv) The affiliated destination market is a WTO Member country and the
applicant qualifies for a presumption of non-dominance under
§ 63.10(a)(4)of this part;
(v) The affiliated destination market is a WTO Member country and the
applicant agrees to be classified as a dominant carrier to the
affiliated destination country under § 63.10, without prejudice to its
right to petition for reclassification at a later date; or
(vi) An entity with exactly the same ultimate ownership as the
applicant has been authorized to provide the applied-for services on
the affiliated destination route, and the applicant agrees to be
subject to all of the conditions to which the authorized carrier is
subject for its provision of service on that route; or
(2) The applicant has an affiliation with a dominant U.S. carrier whose
international switched or private line services the applicant seeks
authority to resell (either directly or indirectly through the resale
of another reseller's services), unless the applicant agrees to be
classified as a dominant carrier to the affiliated destination country
under § 63.10 (without prejudice to its right to petition for
reclassification at a later date); or
(3) The Commission has informed the applicant in writing, within 14
days after the date of public notice listing the application as
accepted for filing, that the application is not eligible for
streamlined processing.
(d) If an application is deemed complete but, pursuant to paragraph (c)
of this section, is deemed ineligible for the streamlined processing
procedures provided by paragraphs (a) and (b) of this section, the
Commission will issue public notice indicating that the application is
ineligible for streamlined processing. Within 90 days of the public
notice, the Commission will take action upon the application or provide
public notice that, because the application raises questions of
extraordinary complexity, an additional 90-day period for review is
needed. Each successive 90-day period may be so extended. The
application shall not be deemed granted until the Commission
affirmatively acts upon the application. Operation for which such
authorization is sought may not commence except in accordance with any
terms or conditions imposed by the Commission.
[ 62 FR 64753 , Dec. 9, 1997, as amended at 64 FR 19063 , Apr. 19, 1999;
64 FR 22903 , Apr. 28, 1999; 64 FR 43095 , Aug. 9, 1999; 69 FR 23154 ,
Apr. 28, 2004]
Goto Section: 63.11 | 63.13
Goto Year: 2010 |
2012
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public