Goto Section: 64.1001 | 64.1100 | Table of Contents
FCC 64.1002
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 64.1002 International settlements policy.
(a) Except as provided in paragraph (b) of this section, a common
carrier that is authorized pursuant to part 63 of this chapter to
provide facilities-based switched voice, telex, telegraph, or
packet-switched service on a U.S. international route, and that enters
into an operating or other agreement to provide any such service in
correspondence with a foreign carrier that does not qualify for the
presumption that it lacks market power on the foreign end of the route,
must comply with the following requirements:
(1) The terms and conditions of the carrier's operating or other
agreement relating to the exchange of services, interchange or routing
of traffic and matters concerning rates, accounting rates, division of
tolls, the allocation of return traffic, or the basis of settlement of
traffic balances, are identical to the equivalent terms and conditions
in the operating agreement of another carrier providing the same or
similar service between the United States and the same foreign point.
(2) The carrier shall not bargain for or agree to accept more than its
proportionate share of return traffic.
(3) The division of tolls shall be evenly-divided between the U.S.
carrier and foreign carrier.
(4) The carrier must also duly comply with the requirements in § 43.51
and § 64.1001 of this chapter.
Note to paragraph (a): Carriers shall rely on the Commission's list of
foreign carriers that do not qualify for the presumption that they lack
market power in particular foreign points for purposes of determining
which of their foreign carrier correspondent agreements are subject to
the requirements of this paragraph. This list is available on the
International Bureau's World Wide Web site at http://www.fcc.gov/ib.
(b) A carrier that enters into an operating or other agreement with a
foreign carrier for the provision of a common carrier service on an
international route is not subject to the requirements of paragraph (a)
of this section if the route appears on the Commission's list of
international routes that the Commission has exempted from the
international settlements policy. This list is available on the
International Bureau's World Wide Web site at http://www.fcc.gov/ib.
(c) A carrier that seeks to add a U.S. international route to the list
of routes that are exempt from the international settlements policy
must make its request to the International Bureau, accompanied by a
showing that a U.S. carrier has entered into a benchmark-compliant
settlement rate agreement with a foreign carrier that possesses market
power in the country at the foreign end of the U.S. international route
that is the subject of the request. The required showing shall consist
of an effective accounting rate modification, filed pursuant to
§ 64.1001, that includes a settlement rate that is at or below the
Commission's benchmark settlement rate adopted for that country in IB
Docket No. 96-261, Report and Order, 12 FCC Rcd 19,806, 62 FR 45758 ,
Aug. 29, 1997, available on the International Bureau's World Wide Web
site at http://www.fcc.gov/ib.
(d) A carrier or other party may request Commission intervention on a
route that the Commission has exempted from the international
settlements policy by filing with the International Bureau a petition,
pursuant to this section, demonstrating anticompetitive behavior that
is harmful to U.S. customers. Carriers and other parties filing
complaints must support their petitions with evidence, including an
affidavit and relevant commercial agreements. The International Bureau
will review complaints on a case-by-case basis and take appropriate
action on delegated authority pursuant to § 0.261 of this chapter.
Interested parties will have 10 days from the date of issuance of a
public notice of the petition to file comments or oppositions to such
petitions and subsequently 7 days for replies. In the event
significant, immediate harm to the public interest is likely to occur
that cannot be addressed through post facto remedies, the International
Bureau may impose temporary requirements on carriers authorized
pursuant to § 63.18 of this chapter without prejudice to its findings
on such petitions.
Note 1 to § 64.1002: For purposes of this section, foreign carrier is
defined in § 63.09 of this chapter.
Note 2 to § 64.1002: For purposes of this section, a foreign carrier
shall be considered to possess market power if it appears on the
Commission's list of foreign carriers that do not qualify for the
presumption that they lack market power in particular foreign points.
This list is available on the International Bureau's World Wide Web
site at http://www.fcc.gov/ib.
(e) Subject to the availability of electronic forms, all filings
described in this section must be filed electronically through the
International Bureau Filing System (IBFS). A list of forms that are
available for electronic filing can be found on the IBFS homepage. For
information on electronic filing requirements, see part 1, § § 1.1000
through 1.10018 of this chapter and the IBFS homepage at
http://www.fcc.gov/ibfs. See also § § 63.20 and 63.53.
[ 69 FR 23155 , Apr. 28, 2004, as amended at 70 FR 38800 , July 6, 2005]
Subpart K--Changes in Preferred Telecommunications Service Providers
Goto Section: 64.1001 | 64.1100
Goto Year: 2010 |
2012
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