Streamlining the International Section 214 Authorization Process and Tariff Requirements

Federal RegisterJul 25, 1995

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 61 and 63

[IB Docket No. 95-118, FCC 95-286]

Streamlining the International Section 214 Authorization Process

and Tariff Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rules.

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SUMMARY: The Federal Communications Commission is proposing rules to

streamline the international Section 214 authorization process and

tariff requirements. The Commission proposes to streamline many Section

214 authorization requirements as well as tariff requirements. The

Commission believes that the proposals will greatly lessen the

regulatory burdens on applicants, authorized carriers, and the

Commission and allow carriers to operate more efficiently and respond

better to customers' needs in a timely manner. Additionally, the

Commission's proposals will enable international carriers to enter,

expand, and exit the market more quickly.

DATES: Comments must be submitted on or before August 23, 1995. Reply

comments must be submitted on or before September 7, 1995.

ADDRESSES: All comments and reply comments concerning these proposals

should be addressed to: Office of the Secretary, Federal Communications

Commission, Washington, DC 20554. Comments and reply comments will be

available for public inspection during regular business hours in the

FCC Reference Center (room 239) of the Federal Communications

Commission, 1919 M Street, NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Helene T. Schrier or Troy F. Tanner, Attorney-Advisors, Policy and

Facilities Branch, Telecommunications Division, International Bureau,

(202) 418-1470.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rulemaking adopted on July 13, 1995 and released July 17,

1995. The full text of this notice is available for inspection and

copying during normal business hours in the FCC Reference Center (room

239) of the Federal Communications Commission, 1919 M Street NW.,

Washington, DC 20554. The complete text of this notice also may be

purchased from the Commission's copy contractor, International

Transcription Service, Inc., 2100 M Street NW., suite 140, Washington,

DC 20037, (202) 857-3800.

Initial Regulatory Flexibility Act

A. Reason for Action

This rulemaking proceeding was initiated to obtain comment

regarding proposed changes to the Commission's international Section

214 authorization process and tariff requirements.

B. Objectives

The Commission seeks to streamline the international Section 214

authorization process and tariff requirements to greatly lessen the

regulatory burdens on applicants, authorized carriers, and the

Commission and enable them to operate more efficiently and respond

better to customers' needs in a timely manner.

[[Page 37981]]

Such proposals also seek to enable international carriers to enter and

exit the market more quickly with greater flexibility to meet the

evolving needs of a global telecommunications market.

C. Legal Basis

The proposed action is authorized under Sections 4 and 203 of the

Communications Act of 1934, as amended, 47 U.S.C. 154, 203 (1995).

D. Reporting, Recordkeeping and Other Compliance Requirements

None.

E. Federal Rules That Overlap, Duplicate or Conflict With These Rules

None.

F. Description, Potential Impact, and Number of Small Entities Involved

The proposals discussed in this notice of proposed rulemaking will

reduce regulatory requirements on small resellers and facilities-based

providers who file international Section 214 authorization applications

and tariffs. These proposals also are intended to enable these carriers

to enter and exit the market more quickly thereby enabling increased

competition in the international markets. Copies of this notice will be

sent to the Chief Counsel for Advocacy of the Small Business

Administration.

G. Any Significant Alternatives Minimizing the Impact on Small Entities

Consistent With Stated Objective(s)

None.

Summary of Notice of Proposed Rulemaking

The Notice of Proposed Rulemaking proposes to streamline the

international Section 214 authorization process and tariff

requirements. The proposed rules would greatly reduce the regulatory

burdens on applicants, authorized carriers, and the Commission and make

it easier for carriers to enter, expand and exit the international

service market.

The notice proposes to ease entry into the marketplace by enabling

a nondominant carrier to obtain a global Section 214 authorization,

which is not limited to specific carrier facilities. This authorization

would allow carriers to provide international services to virtually all

points in the world, using any licensed facility. This authorization

would be subject to an exclusion list that the Commission would publish

identifying countries or facilities for which there are restrictions.

To further ease entry into the international marketplace, the Notice

proposes to simplify and accelerate the Section 214 and cable landing

license application process. The notice proposes to reduce the detailed

information now required of these applicants. To accelerate the

Commission's processing of applications, the Notice proposes to shorten

the comment period on applications that are subject to streamlined

processing for facilities-based and resale applicants from 30 to 21

days and for nonstreamlined applications from 30 to 28 days and

proposes a 14 day reply period for all applications. The notice also

proposes to encourage electronic filing of international Section 214

applications and to require that applications in foreign languages be

accompanied with a certified translation in English.

The notice also would eliminate several regulatory requirements

that delay carriers from expanding their services. Under the proposals,

resellers could provide international resale services via any

authorized common carrier, except those affiliated with the reseller,

without obtaining additional authority. Private line resale carriers

could resell interconnected private lines for switched services to all

designated ``equivalent'' countries, without obtaining additional

authority to serve each equivalent county. Carriers may add circuits on

private satellite or cable systems, without obtaining prior authority.

The notice also eases exit from the market, as the proposals allow

dominant carriers to automatically convey transmission capacity in

submarine cables to other carriers without obtaining prior Section 214

authority. Additionally, the proposals allow nondominant carriers to

provide 60, as opposed to 120, days' notice to their customers before

discontinuing service or retiring facilities.

The notice also proposes to further streamline the tariff

requirements for nondominant international resale and facilities-based

carriers by permitting them to file their international tariffed rates

on one day's notice instead of the current 14 days' notice. And, the

Commission seeks comment, in general, on whether to streamline the

international tariff process.

Finally, the Commission seeks comments on what, if any, Section 214

authorization requirements it should forbear from applying if given

forbearance authority by Congress.

List of Subjects

47 CFR Part 61

Communications common carriers.

47 CFR Part 63

Communications common carriers.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95-18316 Filed 7-24-95; 8:45 am]

BILLING CODE 6712-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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