[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51366-51368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24530]



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FEDERAL COMMUNICATIONS COMMISSION

57 CFR Parts 43 and 63

[CC Docket No. 93-157, FCC 95-280]


Reports of Communications Common Carriers and Certain Affiliates; 
Filing Requirements for International Circuit Status Reports

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission adopted a Report and Order that will reduce the 
regulatory burden on facilities-based international carriers. The 
Commission's decision will reduce the filing frequency for 
international circuit status reports from monthly to annually and will 
require all facilities-based international common carriers to file such 
reports to assure that the Commission has available industry-wide 
international circuit use data. This decision also exempts nondominant 
facilities-based carriers from filing circuit addition reports. The 
Commission's decision also will reduce the filing frequency for 
international circuit addition reports for resellers of international 
private lines from semi-annually to annually. The Commission stated 
that the information compiled from these reports will provide valuable 
information to current industry members, potential new entrants into 
the industry, and the Commission. In addition, the information will 
allow the Commission to comply with the Omnibus Budget Reconciliation 
Act of 1993 that requires it to collect annual regulatory fees on 
active equivalent 64 Kilobits per second (Kb/s) international circuits. 
In its decision, the Commission has: codified in the Commission's Rules 
requirements for the filing of international circuit status reports; 
reduced the frequency of filing such reports from monthly to annually; 
required all facilities-based international common carriers to file 
such reports; exempted nondominant facilities-based carriers from 
filing semi-annual circuit addition reports; reduced the frequency of 
filing by resellers of international private lines of the circuit 
addition reports from semi-annually to annually; provided for the 
preparation of a filing manual with reporting instructions; directed a 
format to be specified for the filing of those reports; and required 
the filing of such reports on computer diskettes.

EFFECTIVE DATE: December 29, 1995.

FOR FURTHER INFORMATION CONTACT: Robert E. Gosse, Attorney, 
International Bureau, Telecommunications Division, or Frances 
Eisenstein, Attorney, International Bureau, Telecommunications 
Division, (202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order adopted on July 12, 1995, and released on August 9, 1995 (FCC 
95-280). 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 St., NW., Washington, DC. The 
complete text also may be purchased from the Commission's copy 
contractor, International Transcription Service, Inc., (202) 857-3800, 
2100 M Street, NW., Suite 140, Washington, DC 20037.

Paperwork Reduction Act

    The final rule imposes reporting requirements on additional 
entities. We recognize that the implementation of any such requirements 
will be subject to review of the Office of Management and Budget (OMB). 
Upon receipt of comments on the manual, we will submit the final 
version of the filing manual to the OMB for review and approval.

 Synopsis of Report and Order

    On July 2, 1993, the Commission adopted a Notice of Proposed 
Rulemaking (NPRM) to consider possible rule changes that would reflect 
the reductions and streamlining of regulatory requirements that have 
occurred since the early 1970s (58 FR 42992 (August 12, 1993)). In the 
NPRM, the Commission sought comments on proposals that would reduce the 
filing frequency of circuit status reports. The Commission has found 
that these reports provide information that is useful in discharging 
its obligation to authorize the construction and use of international 
common carrier transmission facilities, but it no longer required that 
this information be filed monthly. Therefore, it proposed to require 
the filing of circuit status reports on an annual rather than a monthly 
basis.
    On August 9, 1995, the Commission released its Report and Order (10 
FCC Rcd 8605 (1995)) adopting the proposals contained in the NPRM. The 
Commission codified its rules to require the filing of international 
circuit status reports. This will inform all international carriers of 
the requirement. The information contained in the reports will be 
useful to current industry members, potential new entrants into the 
industry, and the Commission because this information is not available 
from any other reliable source. Since the Commission initiated the 
NPRM, Congress adopted the Omnibus Budget Reconciliation Act of 1993 
(Budget Act) which requires the Commission to collect annual fees for 
active 64 Kb/s circuits. The annual circuit status reports will serve 
as a database for verifying and monitoring the payment of these fees.
    The Commission also adopted its proposal to reduce the frequency of 
filing circuit status reports from monthly to annually. The Commission 
required the reports to be filed on or before March 31 of each year and 
provide the circuit status information as of December 31 of the 
immediately preceding year. The Commission required all facilities-
based 

[[Page 51367]]
international common carriers to file such reports. Since the annual 
circuit status reports will now serve as the database for the 
regulatory fees mandated by Congress, the Commission modified the types 
of circuits that are commonly reported in the monthly circuit status 
reports. Circuits for Canada and Mexico are international circuits 
included in the regulatory fees. Thus, they now will have to be 
included in the annual circuit status reports. The Commission denied 
Commenters' requests that nondominant carriers be exempt from all 
reporting requirements or, in the alternative, be required to file only 
the circuit addition reports. The Commission determined that there are 
numerous nondominant international facilities-based common carriers and 
these carriers account for a substantial use of international 
facilities. Therefore, the Commission's ability to monitor circuit 
status reports filed by nondominant facilities-based international 
common carriers will be useful to assure proper payment of the Budget 
Act's fees on active 64 Kilobits per second (Kb/s) equivalent circuits. 
The Commission also modified its rules to remove the requirement that 
circuit status information be filed on a transmission facility-by-
facility basis. Instead, the Commission required that international 
facilities based carriers include the total number of activated and the 
total number of idle circuits by the following categories: submarine 
cable, satellite, and terrestrial facilities.
    The Commission also adopted the suggestion of several of the 
Commenters and exempted nondominant facilities-based carriers from 
filing semi-annual circuits addition reports pursuant to Section 
63.15(b) of the Commission's Rules, because information contained in 
the semi-annual circuit addition reports will be derivable from the 
annual circuit status reports.
    Since the Commission did not require international private line 
resellers to file annual status reports, it will continue to require 
that private line resellers file circuit addition reports. The 
Commission, however, reduced the frequency of filing of the circuit 
addition reports from semiannually to annually and required that the 
reports be filed not later than March 31 of each year and show the 
circuit additions for the preceding year.
    The Commission directed the Chief, International Bureau, to prepare 
a filing manual specifying reporting requirements for the annual 
circuit status reports. The Commission also agreed with Commenters that 
the International Bureau seek industry input on the filing manual. The 
Commission stated that, to the extent possible, every effort should be 
made to collect the necessary information consistent with the ways the 
carriers maintain such information for their own purposes. The 
Commission determined that a common format for the reports will permit 
a more efficient use of the information. Thus, the Commission directed 
the Chief, International Bureau, to specify a format for the reports. 
The Commission required that the reports be filed on a common type and 
format of computer diskettes to enable it to combine data from the 
various carriers' reports.
    Commenters in this proceeding strongly favored the actions taken 
because of the significant reduction in the previous filing 
requirements.

Final Regulatory Flexibility Act Analysis

    Pursuant to Section 603 of Title 5, United States Code, 5 U.S.C. 
Sec. 603, an Initial Regulatory Flexibility Analysis was incorporated 
in the Notice of Proposed Rule Making in CC Docket No. 93-157. Written 
comments on the proposals in the Notice, including the Regulatory 
Flexibility Analysis, were requested.

A. Need and Purpose of Rules

    This rulemaking proceeding was initiated in order to reduce the 
burden on those international facilities-based common carriers filing 
monthly circuit status reports by reducing the frequency of filing such 
reports from monthly to annually. The rulemaking also sought to make 
the information derived from the annual circuit reports more complete 
and, therefore, more useful to the Commission by requiring all 
international facilities-based common carriers to file them. In 
addition, the rulemaking sought to make handling of the information 
provided by the annual circuit reports easier by requiring the 
development of a filing manual setting forth the requirements for such 
reports, establishing a common format for the reports, and requiring 
the filing of the reports on computer diskettes.

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

    A number of the Commenters proposed that nondominant international 
facilities-based common carriers that will be required to file annual 
circuit status reports be exempted from filing semi-annual circuit 
addition reports required by Section 63.15(b) of the Commission's 
Rules. The Commission adopted this proposal. One Commenter suggested 
that nondominant international carriers be exempted from all reporting 
requirements. The Commission did not adopt that proposal because to do 
so would prevent it from developing a database of active 64 kb/s 
circuits that it needed for monitoring regulatory fees. A number of 
Commenters also proposed that the carriers be permitted input to the 
formulation of the filing manual and format for the annual circuit 
status reports. The Commission adopted that proposal.

C. Significant Alternatives Considered

    The Commission considered and adopted the Commenters' proposal that 
nondominant international facilities-based carriers that are required 
to file annual circuit status reports not be required to file semi-
annual circuit addition reports. The Commission also reduced the 
frequency of filing circuit addition reports from semi-annually to 
annually for those international carriers that must still file such 
reports. The Commission also considered and adopted the Commenters' 
proposal that facilities-based international carriers be given an 
opportunity to provide input to the formulation of the filing manual 
and format for the annual circuit status reports.

Ordering Clauses

    Accordingly, it is ordered that the rule changes as specified below 
are adopted.
    It is further ordered that the rule changes made herein will become 
effective ninety (90) days after publication in the Federal Register. 
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. Secs. 154, 
214, 219, 303(r) and 403 (1995).
    It is further ordered that the Chief, International Bureau, shall 
develop a filing manual for the submission of international circuit 
status reports.
    It is further ordered that the Chief, International Bureau, shall 
direct the International Bureau Staff to meet with the facilities-based 
international common carriers on the development of the filing manual.
    It is further ordered that this Report and Order does not alter the 
requirement that MCI Communications Corporation file monthly circuit 
status reports for U.S.-U.K. circuits as required by paragraph 65 of 
our Declaratory Ruling and Order, MCI Communications Corporation, 9 FCC 
Rcd 3960 (1994).
    It is further ordered that the Request to Submit Late-Filed 
Comments filed by GE Americom IS GRANTED.
    It is further ordered that this proceeding is hereby terminated.

[[Page 51368]]


List of Subjects

47 CFR Part 43

    Communication common carriers, Reporting and recordkeeping 
requirements.

47 CFR Part 63

    Communication common carriers, Reporting and recordkeeping 
requirements.

Federal Communications Commission
William F. Caton,
Acting Secretary.
    Parts 43 and 63 of Title 47 of the Code of Federal Regulations is 
amended as follows:

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN 
AFFILIATES

    1. The authority citation for Part 43 continues to read as follows:

    Authority: Secs. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, 
unless otherwise noted. Interpret or apply secs., 211, 219, 220, 48 
Stat. 1073, 1077, as amended; 47 U.S.C. 211, 219, 220.

    2. New Section 43.82 is added to read as follows:


Sec. 43.82  International circuit status reports.

    (a) Each facilities-based common carrier engaged in providing 
international telecommunications service between the area comprising 
the continental United States, Alaska, Hawaii, and off-shore U.S. 
points and any country or point outside that area shall file a circuit 
status report with the Chief, International Bureau, not later than 
March 31 each year showing the status of its circuits used to provide 
international services as of December 31 of the preceding calendar 
year.
    (b) The information contained in the reports shall include the 
total number of activated and the total number of idle circuits by the 
categories of submarine cable, satellite and terrestrial facilities to 
geographic points outside the United States for the services designated 
by the Chief, International Bureau.
    (c) The information required under this section shall be furnished 
in conformance with instructions and reporting requirements prepared 
under the direction of the Chief, International Bureau, prepared and 
published as a manual.
    (d) Authority is hereby delegated to the Chief, International 
Bureau to prepare instructions and reporting requirements for the 
filing of the annual international circuit status reports.

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: Sections 1, 4(i), 4(j), 201-205, 218 and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. secs. 151, 154(i), 
154(j), 201-205, 218 and 403, unless otherwise noted.

    2. Section 63.15(b) is revised to read as follows:


Sec. 63.15  Special procedures for non-dominant international services.

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    (b) Any non-dominant party certified to provide international 
resold private lines to a particular geographic market shall report its 
circuit additions on an annual basis. Circuit additions should indicate 
the specific services provided (e.g., IMTS or private line) and the 
country served. This report shall be filed on a consolidated basis not 
later than March 31 for the preceding calendar year.
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[FR Doc. 95-24530 Filed 9-29-95; 8:45 am]
BILLING CODE 6712-01-M