Streamlining the International Section 214 Authorization Process and Tariff Requirements

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 61, and 63

[IB Docket No. 95-118, FCC 96-79]

Streamlining the International Section 214 Authorization Process

and Tariff Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: On February 29, 1996, the Federal Communications Commission

adopted rules to streamline the international Section 214 authorization

process and tariff requirements. The Commission anticipates that the

elimination of unnecessary and outdated administrative obligations on

carriers will enable them to compete in an evolving global

telecommunications market with greater speed and flexibility. These

rules will lower the barriers to entry, which will encourage more

applicants to enter the international market, ensuring more competition

and lower prices for international services to consumers.

EFFECTIVE DATE: Sec. 61.23(c) will become effective May 9, 1996. All

other regulations take effect either May 9, 1996 or upon approval by

the Office of Management and Budget (OMB), whichever occurs later. When

approval is received, the agency will publish a document announcing the

effective date.

FOR FURTHER INFORMATION CONTACT:

For further information on the Report and Order contact: Helene T.

Schrier, Attorney-Advisor, Policy and Facilities Branch,

Telecommunications Division, International Bureau, (202) 418-1470.

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

and Order adopted February 29, 1996, and released March 13, 1996 (FCC

96-79). The full text of this Report and Order is available for

inspection and copying during normal business hours in the FCC

Reference Center (Room 239), 1919 M Street NW., Washington, DC 20554.

The complete text of this Report and Order 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.

Summary of Report and Order

1. In response to a Notice of Proposed Rulemaking (60 FR 37980

(July 25, 1995)), the Commission adopted new rules to streamline the

international Section 214 authorization process and tariff

requirements. The new rules will facilitate international carriers

entrance, expansion and exit from the market.

2. The Commission anticipates that the new rules will make entry to

the U.S. telecommunications market easier as a facilities-based

applicant will need only one authorization to serve virtually all

points in the world using U.S.-licensed facilities. A facilities-based

applicant with a foreign carrier affiliation, however, may obtain only

a limited global Section 214 authorization to provide service to

destination markets where the carrier's affiliate does not possess

market power.

[[Page 15725]]

3. Global authorizations will be streamlined processed. That is,

once the Commission reviews the applications to determine eligibility

for streamlined processing, the Commission will place them on public

notice as accepted for filing, and state whether they will be

streamlined or not. Petitions to deny streamlined applications must be

filed within 21 days. If streamlined applications are unopposed, they

will be deemed granted 35 days after the date of the initial public

notice of acceptance for filing, and the applicants may commence

operations on the 36th day. Shortly after the streamlined application

has been granted, we will issue a second public notice that will be

published in the FCC Record and will serve as the applicants' Section

214 authorization. The second public notice will list the applications

granted and restrictions, if any, on providing service to particular

countries and on the use of certain facilities. Applications that are

contested or require the International Bureau to make a determination

as to the degree of market power possessed by a foreign carrier

affiliate will not be eligible for streamlined processing. Such

applications will be acted upon by written order.

4. This global Section 214 authorization will be subject to an

exclusion list that the International Bureau will maintain identifying

countries or facilities for which there are restrictions. The

International Bureau will include the exclusion list as part of each

public notice listing granted streamlined applications, or in the case

of non-streamlined grants, in the granting order. And, the

International Bureau's Reference Center will maintain a copy of the

exclusion list.

5. To further ease entry into the U.S. international services

market, the Commission's new rules simplify and accelerate the Section

214 and cable landing license application process. The rules reduce the

amount of information previously required in applications for Section

214 authorization and cable landing licenses. Applicants will have the

option of filing international Section 214 applications on computer

diskettes but must still file a paper copy of their application.

Applications in foreign languages must be accompanied with a certified

translation in English. And, the Commission instructs the International

Bureau to determine the practicality of creating a standardized form

for filing Section 214 applications. In addition, the Commission will

make available to the public through the Internet and other sources

filing aids such as checklists, instruction sheets or sample Section

214 applications.

6. The new rules will eliminate several regulatory requirements

that delay carriers from expanding their services. First, authorized

resellers no longer will need to obtain additional authorizations to

resell services of carriers not identified in their initial

authorization. Resellers may resell services of any authorized carrier

except U.S. facilities-based affiliates that are regulated as dominant

on routes the reseller seeks to serve. If a reseller desires to resell

service of an affiliated underlying carrier that is regulated as

dominant on some routes and not on others, the reseller is now

authorized to resell that carrier's services on those routes on which

the underlying carrier is non-dominant. The reseller should file a

separate Section 214 application, however, to provide resale service on

routes where the underlying carrier is deemed dominant. Second,

carriers that are authorized to resell interconnected private lines for

switched services to a designated ``equivalent'' country no longer will

need to obtain separate Section 214 authority to serve additional

equivalent countries. Once that carrier receives the initial

authorization, the carrier automatically may resell private lines to

provide switched service to all countries that are determined by the

Commission, currently or subsequently, to provide equivalent resale

opportunities for U.S.-based carriers. This procedure also will be

available to facilities-based carriers that wish to provide switched

service over their authorized facilities-based private lines. The only

limit on this flexibility is for those facilities-based carriers or

resellers that have an affiliation with a dominant carrier in the

equivalent country. In such a case, carriers will file a separate

Section 214 application. Third, non-dominant U.S. international

carriers, and U.S. international carriers regulated as dominant for

reasons other than having foreign affiliations, may add circuits on

U.S.-licensed non-common carrier satellite or submarine cable systems

without obtaining additional authority. Dominant carriers will still

file a Section 214 application if they seek to add circuits on a non-

common carrier system to a point where they have an affiliate that

possesses market power.

7. The new rules also are designed to ease carriers' exit from the

market. Dominant carriers are now authorized to simply notify the

Commission when they convey submarine cable capacity to other carriers

instead of obtaining prior Section 214 authority. And, non-dominant

carriers will be allowed to provide 60, as opposed to 120, days' notice

to their customers before discontinuing service or retiring facilities.

8. The Report and Order streamlines the tariff requirements for

non-dominant international carriers by permitting them to file their

international tariffed rates on one day's notice instead of the current

14 days' notice. The Commission will apply the same relaxed form and

content requirements used for non-dominant domestic carriers, including

the filing of the tariffs on computer diskettes and the inclusion of a

brief cover letter.

9. Finally, the Commission invites the public to make suggestions

regarding what, if any, Section 214 authorization requirements it

should forbear from applying.

Administrative Matters

Paperwork Reduction Act

The Commission, as part of its continuing effort to reduce

paperwork burdens, will publish a separate document inviting the

general public and OMB to comment on the proposed information

collections contained in this Report and Order.

Final Regulatory Flexibility Analysis

Pursuant to section 603 of Title 5, United States Code, 5 U.S.C.

603, an initial Regulatory Flexibility Analysis was incorporated in the

Notice of Proposed Rule Making in IB Docket No. 95-118. Written

comments on the proposals in the Notice, including the Regulatory

Flexibility Analysis, were requested.

A. Need and Purpose of Rules

This Report and Order streamlines the international Section 214

authorization process and tariff requirements in order to greatly

lessen the regulatory burdens on applicants, authorized carriers, and

the Commission to enable them to operate more efficiently and respond

better to customers' needs in a timely manner. These rules allow

international carriers to enter and exit the market more quickly with

greater flexibility to meet the evolving needs of the global

telecommunications market.

B. Issues Raised by the Public in Response to the Initial Analysis

We received one comment in response to the Initial Regulatory

Flexibility Analysis. The America's Carriers Telecommunications

Association (ACTA) completely supported the initiatives of the

Commission in seeking to reduce unnecessary regulation and to

streamline the regulation required to serve the interests of the

public. ACTA

[[Page 15726]]

raised one area of concern as the Commission replaces traditional

regulatory controls in favor of competition to regulate the

marketplace. ACTA states that effective enforcement of the remaining

regulations, which is both prompt and effective, is critical to

survival of the smaller competitors in the industry. ACTA states that

present complaint and tariff processes favor the established carriers,

as does commercial arbitration and/or the Alternative Dispute

Resolution proceedings of the Commission. ACTA states that the

Commission should provide small competitors a fair, unbiased and

competent forum to air their grievances and to obtain justice.

C. Significant Alternatives Considered

We have attempted to balance all the commenters' concerns with our

public interest mandate under the Act in order to adopt a clear and

administratively feasible approach to processing international Section

214 applications and tariffs. Where we have removed regulations, we

have been careful to consider the implications on small businesses and

the industry in general. We have considered and addressed all of the

alternatives offered. We rejected proposals to streamline dominant

carrier regulations where we believed such action would hinder our

ability to regulate dominant carriers, and safeguard against market

power abuses.

Ordering Clauses

1. Accordingly, it is ordered, that Sec. 61.23(c) will become

effective May 9, 1996. All other regulations take effect either May 9,

1996 or upon approval by the Office of Management and Budget (OMB),

whichever occurs later. When approval is received, the agency will

publish a document announcing the effective date.

2. This action is taken pursuant to sections 4, 214, 219, 303(r)

and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 154,

214, 219, 303(r) and 403.

3. It is further ordered that this proceeding is hereby terminated.

List of Subjects

47 CFR Part 1

Administrative practice and procedure.

47 CFR Part 61

Communications common carriers.

47 CFR Part 63

Communications common carriers.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 1, 61 and 63 of Title 47 of the Code of Federal Regulations

are amended as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise

noted.

2. Section 1.767 is amended by revising paragraph (a) and adding

new paragraphs (e) and (f) to read as follows:

Sec. 1.767 Cable landing licenses.

(a) Applications for cable landing licenses under 47 U.S.C. 34-39

and Executive Order No. 10530, dated May 10, 1954, should be filed in

duplicate and in accordance with the provisions of that Executive

Order. These applications should contain:

(1) The name, address and telephone number(s) of the applicant;

(2) The Government, State, or Territory under the laws of which

each corporate or partnership applicant is organized;

(3) The name, title, post office address, and telephone number of

the officer and any other contact point, such as legal counsel, to whom

correspondence concerning the application is to be addressed;

(4) A description of the submarine cable, including the type and

number of channels and the capacity thereof;

(5) A specific description of the cable landing location on the

shore of the United States and in foreign countries where the cable

will land (including a map). Applicants initially may file a general

geographic description of the landing points; however, grant of the

application will be conditioned on the Commission's final approval of a

more specific description of the landing points to be filed by the

applicant no later than 90 days prior to construction. The Commission

will give public notice of the filing of this description, and grant of

the license will be considered final if the Commission does not notify

the applicant otherwise in writing no later than 60 days after receipt

of the specific description of the landing points.

(6) A statement as to whether the cable will be operated on a

common carrier or non-common carrier basis, and if operation will be on

a non-common carrier basis, include the ownership information required

in Sec. 63.18 (e)(6) and (h) (1) through (2) of this chapter; and

(7) Any other information that may be necessary to enable the

Commission to act on their application.

* * * * *

(e) A separate application shall be filed with respect to each

individual cable system for which a license is requested, or for which

modification or amendment of a previous license is requested.

(f) Applicants shall disclose to any interested member of the

public, upon written request, accurate information concerning the

location and timing for the construction of a submarine cable system

authorized under this section. This disclosure shall be made within 30

days of receipt of the request.

PART 61--TARIFFS

1. The authority citation for part 61 continues to read as follows:

Authority: Secs. 1, 4(i), 4(j), 201-205, and 403 of the

Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i),

154(j), 201-205, and 403, unless otherwise noted.

2. Section 61.20 is amended by revising its preceding centered

headings and paragraph (b) to read as follows:

General Rules

General Rules for Domestic and International Nondominant Carriers

Sec. 61.20 Method of filing publications.

* * * * *

(b)(1) In addition, for all tariff publications requiring fees as

set forth in part 1, subpart G of this chapter, issuing carriers must

submit the original of the cover letter (without attachments), FCC Form

159, and the appropriate fee to the Mellon Bank, Pittsburgh, PA at the

address set forth in Sec. 1.1105 of this chapter. Issuing carriers

should submit these fee materials on the same date as the submission in

paragraph (a) of this section.

(2) International carriers must certify in their original cover

letter that they are authorized under Section 214 of the Communications

Act of 1934, as amended, to provide service, and reference the FCC file

number of that authorization.

* * * * *

3. Section 61.21 is amended by revising paragraph (a) to read as

follows:

Sec. 61.21 Cover letters.

(a)(1) Except as specified in Sec. 61.32(b), all publications filed

with the Commission must be accompanied by a cover letter, 8.5 by 11

inches (21.6 cm x 27.9 cm) in size. All cover letters should briefly

explain the nature of the

[[Page 15727]]

filing and indicate the date and method of filing of the original cover

letter, as required by Sec. 61.20(b)(1).

(2) International carriers must certify that they are authorized

under Section 214 of the Communications Act of 1934, as amended, to

provide service, and reference the FCC file number of that

authorization.

* * * * *

4. Section 61.22 is amended by revising its preceding centered

headings and paragraphs (b) and (d) to read as follows:

Specific Rules for Domestic and International Nondominant Carriers

Sec. 61.22 Composition of tariffs.

* * * * *

(b) The tariff must contain the carrier's name, the international

Section 214 authorization FCC file number (when applicable), and the

information required by Section 203 of the Act.

* * * * *

(d) Domestic and international nondominant carriers subject to the

provisions of this section are not subject to the tariff filing

requirements of Sec. 61.54.

5. Section 61.23(c) is revised to read as follows:

Sec. 61.23 Notice requirements.

* * * * *

(c) Tariff filings of domestic and international non-dominant

carriers must be made on at least one-day notice.

PART 63--EXTENSION OF LINES AND DISCONTINUANCE, REDUCTION, OUTAGE

AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF

RECOGNIZED PRIVATE OPERATING AGENCY STATUS

1. The authority citation for Part 63 continues to read as follows:

Authority: Secs. 1, 4(i), 4(j), 201-205, 218, and 403 of the

Communications Act of 1934, as amended, and sec. 613 of the Cable

Communications Policy Act of 1984, 47 U.S.C. 151, 154(i), 15(j),

201-205, 218, 403, and 533 unless otherwise noted.

2. Section 63.01 is amended by removing paragraphs (k)(5) through

(k)(7), (r), (s) and Notes 1 through 4, and revising the section

heading and introductory text to read as follows:

Sec. 63.01 Contents of applications for domestic common carriers.

Except as otherwise provided in this part, any party proposing to

undertake any construction of a new line, extension of any line,

acquisition, lease, or operation of any line or extension thereof or

engage in transmission over or by means of such line, and such line

originates and terminates in the United States, for which authority is

required under the provisions of Section 214 of the Communications Act

of 1934, as amended, shall request such authority by formal application

which shall be accompanied by a statement showing how the proposed

construction, etc., will serve the public interest, convenience, and

necessity. Such statement must include the following information as

applicable:

* * * * *

3. Section 63.05 is amended by revising the section heading to read

as follows:

Sec. 63.05 Commencement and completion of construction for domestic

common carriers.

* * * * *

4. Section 63.10 is amended by revising the last sentence of

paragraphs (a) introductory text, (a)(3), and (a)(4), and (c)(3) to

read as follows:

Sec. 63.10 Regulatory classification of U.S. international carriers.

(a) * * * For purposes of paragraphs (a)(1) through (a)(3) of this

section, ``affiliation'' and ``foreign carrier'' are defined as set

forth in Sec. 63.18(h)(1) (i) and (ii), respectively.

* * * * *

(3) * * * Such a demonstration should address the factors that

relate to the scope or degree of the foreign affiliate's bottleneck

control, including those listed in Section Sec. 63.18(h)(8).

(4) * * * The existence of an affiliation with a U.S. facilities-

based international carrier shall be assessed in accordance with the

definition of affiliation contained in Sec. 63.18(h)(1)(i), except that

the phrase ``U.S. facilities-based international carrier'' shall be

substituted for the phrase ``foreign carrier.''

* * * * *

(c) * * *

(3) Obtain Commission approval pursuant to Sec. 63.18 before adding

or discontinuing circuits; and

* * * * *

5. Section 63.11 is amended by revising paragraphs (a) introductory

text, (a)(2), (c)(1) through (c)(3), (d), and the last sentence of

(e)(2) to read as follows:

Sec. 63.11 Notification by and prior approval for U.S. international

carriers that have or propose to acquire ten percent investments by,

and/or an affiliation with, a foreign carrier.

(a) Any carrier authorized to provide international communications

service under this part that, as of the effective date of this rule as

amended in IB Docket No. 95-22, is, or has an affiliation with, a

foreign carrier within the meaning of Sec. 63.18(h)(1)(i)(A) or

(h)(1)(i)(B), or that as of such date knows of an existing ten percent

or greater interest, whether direct or indirect, in the capital stock

of the authorized carrier by a foreign carrier, or that after the

effective date of this rule becomes affiliated with a foreign carrier

within the meaning of Sec. 63.18(h)(1)(i)(A), shall notify the

Commission within thirty days of the effective date of this rule or

within thirty days of the acquisition of the affiliation, whichever

occurs later. For purposes of this section, ``foreign carrier'' is

defined as set forth in Sec. 63.18(h)(1)(ii).

* * * * *

(2) Any carrier that has previously notified the Commission of an

affiliation with a foreign carrier, as defined by Sec. 63.18(h)(1)

immediately prior to the rule's amendment in IB Docket No. 95-22, need

not notify the Commission again of the same affiliation.

* * * * *

(c) ***

(1) The carrier also should specify, where applicable, those

countries named in paragraph (c) of this section for which it provides

a specified international communications service solely through the

resale of the international switched or private line services of U.S.

facilities-based carriers with which the resale carrier does not have

an affiliation. Such an affiliation is defined in Sec. 63.18(h)(1)(i),

except that the phrase ``U.S. facilities-based international carrier''

shall be substituted for the phrase ``foreign carrier.''

(2) The carrier shall also submit with its notification:

(i) The ownership information as required to be submitted pursuant

to Sec. 63.18(h)(2);

(ii) Where the carrier is authorized as a private line reseller on

a particular route for which it has an affiliation with a foreign

carrier, as defined in Sec. 63.18(h)(1)(i), a certification as required

to be submitted pursuant to Sec. 63.18(h)(4); and

(iii) A ``special concessions'' certification as required to be

submitted pursuant to Sec. 63.18(i).

(3) The carrier is responsible for the continuing accuracy of the

certifications provided under this section. Whenever the substance of

any certification provided under this section is no longer accurate,

the carrier shall as promptly as possible, and in any event within

thirty days, file with the Secretary in duplicate a corrected

certification referencing the

[[Page 15728]]

FCC File No. under which the original certification was provided,

except that the carrier shall immediately inform the Commission if at

any time the representations in the ``special concessions''

certification provided under paragraph (c)(2)(iii) of this section are

no longer true. See Sec. 63.18(i))(2). This information may be used by

the Commission to determine whether a change in regulatory status may

be warranted under Sec. 63.10.

(d) Unless the carrier notifying the Commission of a foreign

carrier affiliation under paragraph (a) of this section qualifies for

the presumption of non-dominant regulation pursuant to

Sec. 63.10(a)(4), it should submit the information specified in

Sec. 63.18(h)(8) to retain its non-dominant status on any affiliated

route.

(e) * * *

(2) * * * If notified that the acquisition raises a substantial and

material question, then the carrier shall not consummate the planned

investment until it has filed an application under Sec. 63.18 and

submitted the information specified under Sec. 63.18 (h) (6) or (7) as

applicable, and Sec. 63.18(h)(8), and the Commission has approved the

application by formal written order.

6. Section 63.12 is revised to read as follows:

Sec. 63.12 Streamlined processing of certain international facilities-

based and resale applications.

(a) Except as provided by paragraph (c) of this section, a complete

application seeking authorization under Sec. 63.18(e) (1) and (2) to

acquire facilities to provide international services shall be granted

by the Commission 35 days after the date of public notice listing the

application as accepted for filing.

(b) Issuance of public notice of the grant shall be deemed the

issuance of Sec. 214 certification to the applicant, which may commence

operation on the 36th 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.

(c) The streamlined processing procedures provided by paragraphs

(a) and (b) of this section shall not apply where:

(1) The applicant seeks authority under either Sec. 63.18(e)(1) for

global Sec. 214 authority to operate as a facilities-based carrier or

Sec. 63.18(e)(2) to resell international services, and the applicant

has an affiliation within the meaning of Sec. 63.18(h)(1)(i) with a

facilities-based foreign carrier in a destination market, and the

Commission has not yet made a determination as to whether that foreign

carrier possesses market power in that market; or

(2) The applicant has an affiliation within the meaning of

Sec. 63.18(h)(1)(i) with a dominant U.S. facilities-based 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); or

(3) The applicant seeks authority under Sec. 63.18(e)(2) to resell

international private line services to a country for which the

Commission has not determined as of the date of public notice of the

application that equivalent resale opportunities exist between the

United States and the destination country; or

(4) The application is formally opposed within the meaning of

Sec. 1.1202(e) of this chapter; or

(5) The Commission has informed the applicant in writing, including

by public notice, within 28 days after the date of public notice

accepting the application for filing, that the application is not

eligible for streamlined processing under this section.

(d) Any complete application that is subject to paragraph (c) of

this section will be acted upon only by formal written order and

operation for which such authorization is sought may not commence

except in accordance with such order.

Note to paragraph (c): The term ``facilities-based carrier''

means one that holds an ownership, indefeasible-right-of-user, or

leasehold interest in bare capacity in an international facility,

regardless of whether the underlying facility is a common or non-

common carrier submarine cable, or an INTELSAT or separate satellite

system.

7. Sec. 63.13 is amended by revising the last sentence of

paragraphs (a)(3) and (a)(5), and revising (a)(4) to read as follows:

Sec. 63.13 Streamlined procedures for modifying regulatory

classification of U.S. international carriers from dominant to non-

dominant.

* * * * *

(a) * * *

(3) * * * For purposes of this paragraph, ``telecommunications

facilities'' are defined as in Sec. 63.18(h)(4).

(4) Any carrier filing a certified list pursuant to paragraph

(a)(2) of this section must also provide the ``special concessions''

certification as required to be submitted pursuant to Sec. 63.18(i).

(5) * * * See Sec. 63.18(i)(2).

* * * * *

8. Section 63.14 is revised to read as follows:

Sec. 63.14 Prohibition on agreeing to accept special concessions.

Any carrier authorized to provide international communications

service under this part shall be prohibited from agreeing to accept

special concessions directly or indirectly from any foreign carrier or

administration with respect to traffic or revenue flows between the

United States and any foreign country served under the authority of

this part and from agreeing to enter into such agreements in the

future. For purposes of this section, ``foreign carrier'' is defined as

in Sec. 63.18(h)(1)(ii) and ``special concession'' is defined as in

Sec. 63.18(i).

9. Section 63.15 is amended by removing paragraph (c) and revising

the section heading and paragraph (a) to read as follows:

Sec. 63.15 Special procedures for international service providers.

(a) Any party seeking to construct, acquire or operate lines in any

new major common carrier facility project or non-U.S. licensed

satellite or cable system for the provision of international common

carrier services shall file an application pursuant to

Sec. 63.18(e)(6). If a carrier has global Section 214 authority

pursuant to the provisions of Sec. 63.18(e)(1), and the carrier desires

to use non-U.S. licensed facilities pursuant to the provisions of

Sec. 63.18(e)(1)(ii)(B), this filing requirement does not apply.

* * * * *

10. Section 63.17 is amended by revising paragraphs (b),

introductory text, and (b)(4) to read as follows:

Sec. 63.17 Special provisions for U.S. international common carriers.

* * * * *

(b) Except as provided in paragraph (b)(5) of this section, a U.S.

common carrier, whether a reseller or facilities-based, may engage in

``switched hubbing'' to countries not found to offer equivalent resale

opportunities under Sec. 63.18(e) (3) and (4) under the following

conditions:

* * * * *

(4) No U.S. common carrier may engage in switched hubbing under

this section to a country where it has an affiliation with a foreign

carrier unless and until it receives specific authority to do so under

Sec. 63.18. For purposes of this paragraph, ``affiliation'' and

``foreign carrier'' are defined in Sec. 63.18(h)(1) (i)(B) and (ii),

respectively.

11. New Sec. 63.18 is added to read as follows:

[[Page 15729]]

Sec. 63.18 Contents of applications for international common carriers.

Except as otherwise provided in this part, any party seeking

authority pursuant to Section 214 of the Communications Act of 1934, as

amended, to construct a new line, or acquire or operate any line, or

engage in transmission over or by means of such additional line for the

provision of common carrier communications services between the United

States, its territories or possessions, and a foreign point shall

request such authority by formal application which shall be accompanied

by a statement showing how the grant of the application will serve the

public interest, convenience, and necessity. Such statement shall

consist of the following information, as applicable:

(a) The name, address, and telephone number of each applicant;

(b) The Government, State, or Territory under the laws of which

each corporate or partnership applicant is organized;

(c) The name, title, post office address, and telephone number of

the officer and any other contact point, such as legal counsel, to whom

correspondence concerning the application is to be addressed;

(d) A statement as to whether the applicant has previously received

authority under Section 214 of the Act and, if so, a general

description of the categories of facilities and services authorized

(i.e., authorized to provide international switched services on a

facilities basis);

(e) One or more of the following statements, as pertinent:

(1) If applying for authority to acquire interests in facilities

previously authorized by the Commission in order to provide

international basic switched, private line, data, television and

business services to all international points, the applicant shall:

(i) State that it is requesting Section 214 authority to operate as

a facilities-based carrier pursuant to the terms and conditions of

paragraph (e)(1) of this section.

(ii) Comply with the following terms and conditions:

(A) Authority to provide services to all international points under

this part extends only to those countries for which the applicant

qualifies for non-dominant regulation as set forth in Sec. 63.10. If an

applicant is affiliated with a facilities-based foreign carrier in a

destination market and the Commission has not determined that the

foreign carrier does not possess market power in that market, the

applicant shall not commence service on any such route unless and until

it receives specific authority to do so under paragraph (e)(6) of this

section. If an applicant becomes dominant on a particular route after

receiving authority under this section, the terms and conditions of

Sec. 63.10(c) will apply to its provision of services on the dominant

route. An applicant should file separately under Section 63.18(e)(6) to

provide service on routes on which it may not qualify for regulation as

a non-dominant carrier.

(B) The applicant may only provide service using half-circuits on

appropriately licensed U.S. common and non-common carrier facilities

(either under Title III of the Communications Act of 1934, as amended,

or the Submarine Cable Landing License Act, 47 U.S.C. 34 et. al.)

provided that these facilities do not appear on an exclusion list

published by the Commission and any necessary overseas connecting

facilities. Applicants may not use non-U.S. licensed facilities unless

and until the Commission specifically approves their use and so

indicates on the exclusion list, and only then for service to the

countries indicated thereon.

(C) The applicant may provide service to any country not included

on an exclusion list published by the Commission.

(D) The applicant may provide international basic switched, private

line, data, television and business services.

(E) The authority granted under this paragraph shall be subject to

all Commission rules and regulations and any conditions stated in the

Commission's public notice or order that serves as the applicant's

Section 214 certificate. See Sec. 63.12.

(2) If applying for authority to resell the international services

of authorized U.S. common carriers for the provision of international

basic switched, private line, data, television and business services to

all international points, the applicant shall:

(i) State that it is requesting Section 214 authority to operate as

a resale carrier pursuant to the terms and conditions of

Sec. 63.18(e)(2).

(ii) Comply with the following the terms and conditions:

(A) The applicant may resell the international services of any

authorized common carrier, except affiliated carriers regulated as

dominant on the route to be served, pursuant to that carrier's tariff

or contract duly filed with the Commission, for the provision of

international basic switched, private line, data, television and

business services to all international points;

(B) The applicant may resell private line services for the

provision of international basic switched services only to countries

found by the Commission to provide equivalent resale opportunities,

except in circumstances where the applicant is affiliated with a

facilities-based foreign carrier in a destination market and the

Commission has not determined that the foreign carrier does not possess

market power in that market. In such circumstances, the applicant shall

not commence service on any such route unless and until it receives

specific authority to do so under paragraph (e)(6) of this section. The

Commission will provide public notice of its determinations.

(C) The authority granted under this paragraph shall be subject to

all Commission rules and regulations and any conditions stated in the

Commission's public notice or order that serves as the applicant's

Section 214 certificate. See Sec. 63.12.

(3) If applying for authority to resell private lines for the

purpose of providing international basic switched services to countries

not on the Commission's published list of equivalent countries,

applicant shall demonstrate for each country to which it seeks to

provide service that that country affords resale opportunities

equivalent to those available under U.S. law. In this regard, applicant

shall:

(i) Include evidence demonstrating that equivalent resale

opportunities exist between the United States and the subject country,

including any relevant bilateral agreements between the administrations

involved. Parties must demonstrate that the foreign country at the

other end of the private line provides U.S.-based carriers with:

(A) The legal right to resell international private lines,

interconnected at both ends, for the provision of switched services;

(B) Nondiscriminatory charges, terms and conditions for

interconnection to foreign domestic carrier facilities for termination

and origination of international services, with adequate means of

enforcement;

(C) Competitive safeguards to protect against anticompetitive and

discriminatory practices affecting private line resale; and

(D) Fair and transparent regulatory procedures, including

separation between the regulator and operator of international

facilities-based services.

(ii) The procedures set forth in paragraph (e)(3) of this section

are subject to Commission policies on resale of international private

lines in CC

[[Page 15730]]

Docket No. 90-337 as amended in IB Docket No. 95-22.

(4) Any carrier authorized under this section to acquire and

operate international private line facilities other than through resale

may use those private lines to provide switched basic services to

countries found by the Commission to provide equivalent resale

opportunities except in circumstances where the applicant is affiliated

with a facilities-based foreign carrier in the country at the foreign

end of the private line, and the Commission has not determined that the

foreign carrier does not possess market power in that market. In such

circumstances, the applicant shall not commence service on such route

unless and until it receives specific authority to do so under

paragraph (e)(6) of this section. The Commission will provide public

notice of its equivalency findings. The applicant is subject to all

applicable Commission rules and regulations and any conditions stated

in the Commission's public notice or order that serves as the

applicant's Section 214 certificate. See Sec. 63.12.

(i) Except as provided in paragraph (e)(4)(ii) of this section, any

carrier that seeks to provide switched basic services over its

authorized private line facilities to countries not identified in the

Commission's published list of equivalent countries shall, for each

country for which it seeks to provide switched basic service over its

authorized private lines facilities, request such authority by formal

application. Such application shall be accompanied by a demonstration

that country affords resale opportunities equivalent to those available

under U.S. law. In this regard, applicant shall include the information

required by paragraph (e)(3) of this section.

(ii) No formal application is required under paragraph (e)(4) of

this section in circumstances where the carrier's previously authorized

private line facility is interconnected to the public switched network

only on one end--either the U.S. or the foreign end--and where the

carrier is not operating the facility in correspondence with a carrier

that directly or indirectly owns the private line facility in the

foreign country at the other end of the private line.

(5) If applying for authority to acquire facilities through the

transfer of control of a common carrier holding international Section

214 authorization, or through the assignment of another carrier's

existing authorization, the applicant shall complete paragraphs (a)

through (d) of this section for both the transferor/assignor and the

transferee/assignee. Paragraph (g) of this section is not applicable,

and only the transferee/assignee needs to complete paragraphs (i) and

(j) of this section. At the beginning of the application, the applicant

should also include a narrative of the means by which the transfer or

assignment will take place. The Commission reserves the right to

request additional information as to the particulars of the transaction

to aid it in making its public interest determination.

(6) If applying for authority to acquire facilities or to provide

services not covered by Sec. 63.18(e) (1) through (5), the applicant

shall provide a description of the facilities and services for which it

seeks authorization. Such description also shall include any additional

information the Commission shall have specified previously in an order,

public notice or other official action as necessary for authorization.

Applicants for new submarine cable facilities also shall include a list

of the proposed owners of the cable, their voting interests and

ownership interests by segment in the cable.

(f) Applicants may apply for any or all of the authority provided

for in paragraph (e) of this section in the same application. The

applicant may want to file separate applications for those services not

subject to streamlined processing under Sec. 63.12.

(g) Where the applicant is seeking facilities-based authority under

paragraph (e)(6) of this section, a statement whether an authorization

of the facilities is categorically excluded as defined by Sec. 1.1306

of this chapter. If answered affirmatively, an environmental assessment

as described in Sec. 1.1311 of this chapter need not be filed with the

application.

(h) A certification as to whether or not the applicant is, or has

an affiliation with, a foreign carrier.

(1) The certification shall state with specificity each foreign

country in which the applicant is, or has an affiliation with, a

foreign carrier. For purposes of this certification:

(i) Affiliation is defined to include:

(A) A greater than 25 percent ownership of capital stock, or

controlling interest at any level, by the applicant, or by any entity

that directly or indirectly controls or is controlled by it, or that is

under direct or indirect common control with it, in a foreign carrier

or in any entity that directly or indirectly controls a foreign

carrier; or

(B) A greater than 25 percent ownership of capital stock, or

controlling interest at any level, in the applicant by a foreign

carrier, or by any entity that directly or indirectly controls or is

controlled by a foreign carrier, or that is under direct or indirect

common control with a foreign carrier; or by two or more foreign

carriers investing in the applicant in the same manner in circumstances

where the foreign carriers are parties to, or the beneficiaries of, a

contractual relation (e.g., a joint venture or market alliance)

affecting the provision or marketing of basic international

telecommunications services in the United States. A U.S. carrier also

will be considered to be affiliated with a foreign carrier where the

foreign carrier controls, is controlled by, or is under common control

with a second foreign carrier already found to be affiliated with that

U.S. carrier under this section.

(ii) Foreign carrier is defined as any entity that is authorized

within a foreign country to engage in the provision of international

telecommunications services offered to the public in that country

within the meaning of the International Telecommunication Regulations,

see Final Acts of the World Administrative Telegraph and Telephone

Conference, Melbourne, 1988 (WATTC-88), Art. 1, which includes entities

authorized to engage in the provision of domestic telecommunications

services if such carriers have the ability to originate or terminate

telecommunications services to of from points outside their country.

(2) In support of the required certification, each applicant shall

also provide the name, address, citizenship and principal businesses of

its ten percent or greater direct and indirect shareholders or other

equity holders and identify any interlocking directorates.

(3) Each applicant that proposes to acquire facilities through the

resale of the international switched or private line services of

another U.S. carrier shall additionally certify as to whether or not

the applicant has an affiliation with the U.S. carrier(s) whose

facilities-based service(s) the applicant proposes to resell (either

directly or indirectly through the resale of another reseller's

service). For purposes of this paragraph, affiliation is defined as in

paragraph (h)(1)(i) of this section, except that the phrase ``U.S.

facilities-based international carrier'' shall be substituted for the

phrase ``foreign carrier.''

(4) Each applicant that certifies under this section that it has an

affiliation with a foreign carrier and that proposes to resell the

international private line services of another U.S. carrier shall

additionally certify as to whether the affiliated foreign carrier owns

or controls telecommunications facilities in the particular

country(ies) to which

[[Page 15731]]

the applicant proposes to provide service (i.e., the destination

country(ies)). For purposes of this paragraph, telecommunications

facilities are defined as the underlying telecommunications transport

means, including intercity and local access facilities, used by a

foreign carrier to provide international telecommunications services

offered to the public.

(5) Each applicant and carrier authorized to provide international

communications service under this part is responsible for the

continuing accuracy of the certifications required by paragraphs (h)

(3) and (4) of this section. Whenever the substance of any such

certification is no longer accurate, the applicant/carrier shall as

promptly as possible and in any event within thirty days file with the

Secretary in duplicate a corrected certification referencing the FCC

File No. under which the original certification was provided. This

information may be used by the Commission to determine whether a change

in regulatory status may be warranted under Sec. 63.10.

(6) Each applicant that certifies that it is, or that it has an

affiliation with, a foreign carrier, as defined in paragraphs (h)(1)

(i)(B) and (ii) of this section, respectively, in a named foreign

country and that seeks to operate as a U.S. facilities-based

international carrier to that country from the United States shall

provide information in its application filed under this part to

demonstrate that either:

(i) The named foreign country (i.e., the destination foreign

country) provides effective competitive opportunities to U.S. carriers

to compete in that country's international facilities-based market; or

(ii) Its affiliated foreign carrier does not have the ability to

discriminate against unaffiliated U.S. international carriers through

control of bottleneck services or facilities in the destination

country.

(A) The demonstration specified in paragraph (h)(6)(i) of this

section should address the following factors:

(1) The legal ability of U.S. carriers to enter the foreign market

and provide facilities-based international services, in particular

international message telephone service (IMTS);

(2) Whether there exist reasonable and nondiscriminatory charges,

terms and conditions for interconnection to a foreign carrier's

domestic facilities for termination and origination of international

services;

(3) Whether competitive safeguards exist in the foreign country to

protect against anticompetitive practices, including safeguards such

as:

(i) Existence of cost-allocation rules in the foreign country to

prevent cross-subsidization;

(ii) Timely and nondiscriminatory disclosure of technical

information needed to use, or interconnect with, carriers' facilities;

and

(iii) Protection of carrier and customer proprietary information;

(4) Whether there is an effective regulatory framework in the

foreign country to develop, implement and enforce legal requirements,

interconnection arrangements and other safeguards; and

(5) Any other factors the applicant deems relevant to its

demonstration.

(B) The demonstration specified in paragraph (h)(6)(ii) of this

section should include the same information requested by paragraph

(h)(8) of this section.

(7) Each applicant that certifies that it is, or that it has an

affiliation with, a foreign carrier, as defined in paragraph (h)(1)

(i)(B) and (ii) of this section, respectively, in a named foreign

country and that proposes to resell the international switched or non-

interconnected private line services, respectively, of another U.S.

carrier for the purpose of providing international communications

services to the named foreign country from the United States shall

provide information in its application filed under this part to

demonstrate that either:

(i) The named foreign country (i.e., the destination foreign

country) provides effective competitive opportunities to U.S. carriers

to resell international switched or non-interconnected private line

services, respectively; or

(ii) Its affiliated foreign carrier does not have the ability to

discriminate against unaffiliated U.S. international carriers through

control of bottleneck services or facilities in the destination

country.

(A) The demonstration specified in paragraph (h)(7)(i) of this

section should address the following factors:

(1) The legal ability of U.S. carriers to enter the foreign market

and provide resold international switched services (for switched resale

applications) or non-interconnected private line services (for non-

interconnected private line resale applications);

(2) Whether there exist reasonable and nondiscriminatory charges,

terms and conditions for the provision of the relevant resale service;

(3) Whether competitive safeguards exist in the foreign country to

protect against anticompetitive practices, including safeguards such

as:

(i) Existence of cost-allocation rules in the foreign country to

prevent cross-subsidization;

(ii) Timely and nondiscriminatory disclosure of technical

information needed to use, or interconnect with, carriers' facilities;

and

(iii) Protection of carrier and customer proprietary information;

(4) Whether there is an effective regulatory framework in the

foreign country to develop, implement and enforce legal requirements,

interconnection arrangements and other safeguards; and

(5) Any other factors the applicant deems relevant to its

demonstration.

(B) The demonstration specified in paragraph (h)(7)(ii) of this

section should include the same information requested in paragraph

(h)(8) of this section.

(8) Each applicant that certifies that it has an affiliation with a

foreign carrier in a named foreign country and that desires to be

regulated as non-dominant for the provision of international

communications service to that country may provide information in its

application filed under this part to demonstrate that its affiliated

foreign carrier does not have the ability to discriminate against

unaffiliated U.S. international carriers through control of bottleneck

services or facilities in the named foreign country. See Sec. 63.10,

Regulatory Classification of U.S. International Carriers.

(i) Such a demonstration should address the factors that relate to

the scope or degree of the foreign affiliate's bottleneck control, such

as:

(A) The monopoly, duopoly, or oligopoly status of the destination

country; and

(B) Whether the foreign affiliate has the potential to discriminate

against unaffiliated U.S. international carriers through such means as

preferential operating agreements, preferential routing of traffic,

exclusive or more favorable transiting agreements, or preferential

domestic access and interconnection arrangements.

(ii) Such a demonstration may also address other factors the

applicant deems relevant, such as the effectiveness of regulation in

the destination country.

(i) Each applicant shall certify that the applicant has not agreed

to accept special concessions directly or indirectly from any foreign

carrier or administration with respect to traffic or revenue flows

between the U.S. and any foreign country which the applicant may serve

under the authority granted

[[Page 15732]]

under this part and will not enter into such agreements in the future.

(1) For purposes of paragraph (i) of this section, and of

Secs. 63.11(c)(2)(iii), 63.13(a)(4), and 63.14, special concession is

defined as any arrangement that affects traffic or revenue flows to or

from the United States that is offered exclusively by a foreign carrier

or administration to a particular U.S. international carrier and not

also to similarly situated U.S. international carriers authorized to

serve a particular route.

(2) The special concessions certification required by paragraph (i)

of this section and by Secs. 63.11(c)(2)(iii) and 63.13(a)(4) shall be

viewed as an ongoing representation to the Commission, and applicants/

carriers shall immediately inform the Commission if at any time the

representations in their certifications are no longer true. Failure to

so inform the Commission will be deemed a material misrepresentation to

the Commission.

(j) A certification pursuant to Secs. 1.2001 through 1.2003 of this

chapter that no party to the application is subject to a denial of

Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of

1988. See 21 U.S.C. 853a.

Note 1 to paragraph (h): The word ``control'' as used in this

section is not limited to majority stock ownership, but includes

actual working control in whatever manner exercised.

Note 2 to paragraph (h): The term ``facilities-based carrier''

as used in this section means one that holds an ownership,

indefeasible-right-of-user, or leasehold interest in bare capacity

in an international facility, regardless of whether the underlying

facility is a common or non-common carrier submarine cable, or an

INTELSAT or separate satellite system.

Note 3 to paragraph (h): The assessment of ``capital stock''

ownership will be made under the standards developed in Commission

case law for determining such ownership. See, e.g., Fox Television

Stations, Inc., 10 FCC Rcd 8452 (1995). ``Capital stock'' includes

all forms of equity ownership, including partnership interests.

Note 4 to paragraph (h): Ownership and other interests in U.S.

and foreign carriers will be attributed to their holders and deemed

cognizable pursuant to the following criteria: Attribution of

ownership interests in a carrier that are held indirectly by any

party through one or more intervening corporations will be

determined by successive multiplication of the ownership percentages

for each link in the vertical ownership chain and application of the

relevant attribution benchmark to the resulting product, except that

wherever the ownership percentage for any link in the chain exceeds

50 percent, it shall not be included for purposes of this

multiplication. For example, if A owns 30 percent of company X,

which owns 60 percent of company Y, which owns 26 percent of

``carrier,'' then X's interest in ``carrier'' would be 26 percent

(the same as Y's interest because X's interest in Y exceeds 50

percent), and A's interest in ``carrier'' would be 7.8 percent (0.30

x 0.26). Under the 25 percent attribution benchmark, X's interest in

``carrier'' would be cognizable, while A's interest would not be

cognizable.

12. A new Sec. 63.19 is added to read as follows:

Sec. 63.19 Special procedures for discontinuances of international

services.

(a) Any non-dominant international carrier as this term is defined

in Sec. 63.10 that seeks to discontinue, reduce or impair service,

including the retiring of international facilities, dismantling or

removing of international trunk lines, shall be subject to the

following procedures in lieu of those specified in Secs. 63.61 through

63.601:

(1) The carrier shall notify all affected customers of the planned

discontinuance, reduction or impairment at least 60 days prior to its

planned action. Notice shall be in writing to each affected customer

unless the Commission authorizes in advance, for good cause shown,

another form of notice.

(2) The carrier shall file with this Commission a copy of the

notification on or after the date on which notice has been given to all

affected customers.

(b) Any dominant international carrier as this term is defined in

Sec. 63.10 that seeks to retire international facilities, dismantle or

remove international trunk lines, and the services being provided

through these facilities are not being discontinued, reduced or

impaired, shall only be subject to the notification requirements of

paragraph (a) of this section. If such carrier discontinues, reduces or

impairs service to a community or retires facilities that impair or

reduce service to a community, the dominant carrier shall file an

application pursuant to Secs. 63.62 and 63.500.

13. A new Sec. 63.20 is added to read as follows:

Sec. 63.20 Copies required; fees; and filing periods for international

service providers.

(a) Unless otherwise specified the Commission shall be furnished

with an original and five copies of applications filed for

international facilities and services under Section 214 of the

Communications Act of 1934, as amended. Provided, however, that where

applications involve only the supplementation of existing international

facilities, and the issuance of a certificate is not required, an

original and two copies of the application shall be furnished. Upon

request by the Commission, additional copies of the application shall

be furnished. Each application shall be accompanied by the fee

prescribed in subpart G of part 1 of this chapter.

(b) No application accepted for filing and subject to the

provisions of Secs. 63.02, 63.18, 63.62 or Sec. 63.505 shall be granted

by the Commission earlier than 28 days following issuance of public

notice by the Commission of the acceptance for filing of such

application or any major amendment unless said public notice specifies

another time period, or the application qualifies for streamlined

processing pursuant to Sec. 63.12.

(c) No application accepted for filing and subject to the

streamlined processing provisions of Sec. 63.12 shall be granted by the

Commission earlier than 21 days following issuance of public notice by

the Commission of the acceptance for filing of such application or any

major amendment unless said public notice specifies another time

period.

(d) Any interested party may file a petition to deny an application

within the 21 day or other time period specified in paragraphs (b) or

(c) of this section. The petitioner shall serve a copy of such petition

on the applicant no later than the date of filing thereof with the

Commission. The petition shall contain specific allegations of fact

sufficient to show that the petitioner is a party in interest and that

a grant of the application would be prima facie inconsistent with the

public interest, convenience and necessity. Such allegations of fact

shall, except for those of which official notice may be taken, be

supported by affidavit of a person or persons with personal knowledge

thereof. The applicant may file an opposition to any petition to deny

within 14 days after the original pleading is filed. The petitioner may

file a reply to such opposition within seven days after the time for

filing oppositions has expired. Allegations of facts or denials thereof

shall similarly be supported by affidavit. These responsive pleadings

shall be served on the applicant or petitioner, as appropriate, and

other parties to the proceeding.

14. A new Sec. 63.21 is added to read as follows:

Sec. 63.21 Conditions applicable to international Section 214

authorizations.

International carriers authorized under Section 214 of the

Communications Act of 1934, as amended, must follow the following

requirements and prohibitions:

(a) Carriers may not resell private lines for the provision of

international

[[Page 15733]]

switched services unless the country at the foreign end of the private

line is deemed equivalent. See Sec. 63.18(e) (3) through (4).

(b) Carriers must file copies of operating agreements entered into

with their foreign correspondents within 30 days of their execution,

and shall otherwise comply with the filing requirements contained in

Sec. 43.51 of this chapter.

(c) Carriers must file tariffs pursuant to Section 203 of the

Communications Act, 47 U.S.C. 203, and part 61 of this chapter.

(d) Carriers must file annual reports of overseas

telecommunications traffic as required by Sec. 43.61 of this chapter.

(e) Carriers regulated as dominant must provide the Commission with

the following information within 30 days after conveyance of

transmission capacity on submarine cables to other U.S. carriers:

(1) The name of the party to whom the capacity was conveyed;

(2) The name of the facility in which capacity was conveyed;

(3) The amount of capacity that was conveyed; and

(4) The price of the capacity conveyed.

15. Section 63.52 is amended by revising the section heading to

read as follows:

Sec. 63.52 Copies required; fees; and filing periods for domestic

authorizations.

* * * * *

16. Section 63.53 is revised to read as follows:

Sec. 63.53 Form.

(a) Applications under Section 214 of the Communications Act shall

be submitted on paper not more than 21.6 cm (8.5 in) wide and not more

than 35.6 cm (14 in) long with a left-hand margin of 4 cm (1.5 in).

This requirement shall not apply to original documents, or admissible

copies thereof, offered as exhibits or to specially prepared exhibits.

The impression shall be on one side of the paper only and shall be

double-spaced, except that long quotations shall be single-spaced and

indented. All papers, except charts and maps, shall be typewritten or

prepared by mechanical processing methods, other than letter press, or

printed. The foregoing shall not apply to official publications. All

copies must be clearly legible.

(b) Applications submitted under Section 214 of the Communications

Act for international services may be submitted on computer diskettes

pursuant to a filing manual compiled by the International Bureau, but a

paper copy of the application with the original signature must

accompany the diskette. The manual will specify the type and format of

the computer diskettes and the reporting and procedural requirements

for such applications.

(c) Applications submitted under Section 214 of the Communications

Act for international services and any related pleadings that are in a

foreign language shall be accompanied by a certified translation in

English.

17. Section 63.62 is amended by revising paragraph (a) to read as

follows:

Sec. 63.62 Type of discontinuance, reduction, or impairment of

telephone or telegraph service requiring formal application.

* * * * *

(a) The dismantling or removal of a trunk line (for contents of

application see Sec. 63.500) for all domestic carriers and for dominant

international carriers except as modified in Sec. 63.19;

* * * * *

18. Section 63.71 is amended by revising the section heading to

read as follows:

Sec. 63.71 Special procedures for discontinuance, reduction or

impairment of service by domestic non-dominant carriers.

* * * * *

[FR Doc. 96-8757 Filed 4-8-96; 8:45 am]

BILLING CODE 6712-01-P