[Federal Register Volume 66, Number 24 (Monday, February 5, 2001)]
[Notices]
[Pages 8972-8973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2947]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[DA 01-188]


Process To Update the International Bureau's Records for Carriers 
That Provide International Telecommunications Services

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document announces the start of a 90-day process to 
update the International Bureau's records for carriers that provide 
international telecommunications services and operators of 
international telecommunications facilities. This action will ensure 
that carriers have obtained the necessary authorizations to provide 
international telecommunications services.

DATES: The 90-day period commences on May 7, 2001.

ADDRESSES: Federal Communications Commission, Secretary, 445 12th 
Street, SW., Room TW-B204F, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Rebecca Arbogast, International 
Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION: Released January 30, 2001.
    1. The International Bureau has received a number of requests for 
nunc pro tunc approval of belatedly filed applications for authority to 
provide international telecommunications services under Section 214 of 
the Communications Act of 1934, as amended. The International Bureau 
also has received requests for nunc pro tunc approval of other 
belatedly filed applications; specifically, requests for authority to 
assign or transfer control of existing international Section 214 
authorizations, and to assign or transfer control of common carrier and 
non-common carrier submarine cable landing licenses. These requests 
suggest that there may be some carriers providing international 
telecommunications services, or operators operating international 
telecommunications facilities, without proper authority.
    2. In light of this, and particularly in light of the fact that the 
Commission has streamlined its rules as competition in international 
markets has developed, the International Bureau is taking steps to 
ensure that international carriers and operators are in compliance with 
the rules and that its records regarding authorized carriers and 
operators are current and accurate. Timely filed applications and 
accurate records will serve the public interest and protect consumers 
by ensuring that the Commission has the information necessary to 
enforce its rules, regulations and policies governing carriers and 
operators that provide U.S. international service. Accordingly, the 
International Bureau is announcing the commencement of a 90-day period 
during which carriers are encouraged to apply for necessary 
authorizations. The International Bureau does not expect to initiate 
enforcement action against these carriers and operators during this 90-
day period. At the end of the 90-day period, the International Bureau 
will refer cases of noncompliance to the Enforcement Bureau for 
appropriate enforcement action.

Authorization and Licensing Requirements

    3. The Commission's authorization and licensing requirements for 
carriers providing international telecommunications services and 
operators of international telecommunications facilities include the 
following:
    Section 214 Authorizations: Common carriers seeking to provide 
international telecommunications services or to construct, acquire, or 
operate international telecommunications facilities must seek from the 
Commission an authorization pursuant to Section 214 of the 
Communications Act. In addition, Sec. 63.18 of the Commission's rules 
provides, in pertinent part, that:

    Except as otherwise provided in this part, any party seeking 
authority pursuant to Section 214 of the Communications Act of

[[Page 8973]]

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 telecommunications 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. (47 CFR 63.18)

    The filing requirements of Sec. 63.18 apply to any entity that 
seeks to initiate the provision of international telecommunications 
services either in its own name or through one or more wholly-owned 
direct or indirect subsidiaries. (Sec. 63.21(i) of the rules permits an 
authorized carrier to provide service through one or more wholly-owned 
subsidiaries, provided the authorized carrier notifies the Commission 
within 30 days after the subsidiary initiates service. The notification 
must contain the information required by Sec. 63.21(i). 47 CFR 
63.21(i).) Alternatively, the subsidiary may apply for its own Section 
214 authorization prior to initiating service. Pursuant to 
Sec. 20.15(d) of the Commission's rules, the requirement to obtain 
prior authorization to provide international services applies to 
carriers providing commercial mobile radio services (``CMRS''). CMRS 
carriers are exempt, however, from certain tariffing requirements with 
respect to the provision of international services. See 47 CFR 
20.15(d).
    4. Section 63.18 also applies to assignments and transfers of 
control of existing international Section 214 authorizations unless the 
assignment or transfer is a pro forma transaction covered by the 
provisions of Sec. 63.24. A pro forma assignment or transfer is one 
that does not involve a substantial change in ownership or control. In 
such a case, Sec. 63.24 of the Commission's rules provides, in 
pertinent part, that `` [a] pro forma assignee must notify the 
[C]ommission no later than 30 days after the assignment is 
consummated.'' (See 47 CFR 63.24. This section also provides a detailed 
definition of which kinds of transactions constitute a pro forma 
transfer or assignment.)
    5. Submarine Cable Licenses: Carriers seeking to own or operate 
submarine cable facilities must file applications to obtain submarine 
cable landing licenses, including transfers of control or assignments 
of such licenses, or modifications of such licenses to add new 
licensees. Applications must be filed pursuant to the Submarine Cable 
Landing License Act, Executive Order No. 10530, and Sec. 1.767 of the 
Commission's Rules.

Process To Update International Bureau Records

    6. The International Bureau believes it is necessary for carriers 
to timely file for and receive proper authorizations and licenses and 
to be otherwise in compliance with all applicable rules and policies. 
To that end, the International Bureau announces a 90-day period after 
which, pursuant to its authority under Secs. 0.111 and 0.311 of the 
Commission's rules, it will refer to the Enforcement Bureau for 
appropriate enforcement action any carrier that is providing 
international telecommunications services or operator operating 
international telecommunications facilities without first receiving 
proper authorizations from the Commission under Section 214 of the 
Communications Act and Sections 34 through 39 of the Submarine Cable 
Landing License Act, respectively. The Enforcement Bureau will take 
into account voluntary disclosure of misconduct in determining an 
appropriate sanction. The 90-day period will commence on May 7, 2001.
    7. In addition, the Telecommunications Division of the 
International Bureau also takes this opportunity to advise carriers and 
operators that, commencing with the date of publication of this public 
notice in the Federal Register, it will be extremely reluctant to grant 
requests for nunc pro tunc approval of belatedly filed applications. 
Such requests will be considered only in extraordinary circumstances. 
(Cf. Biennial Regulatory Review--Amendment of Parts 0, 1, 13, 22, 24, 
26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to 
Facilitate the Development and Use of the Universal Licensing System in 
the Wireless Telecommunications Services, Memorandum Opinion and Order 
on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11485 
Paras. 20-22 (1999).)
    8. For further information about the processing of applications 
under this program, contact Rebecca Arbogast, Chief, Telecommunications 
Division, International Bureau, at 202-418-1460 or Belinda Nixon, 
Telecommunications Division, International Bureau, at 202-418-1382 or 
e-mail at [email protected].

Federal Communications Commission.
Rebecca Arbogasst,
Chief, Telecommunications Division, International Bureau.
[FR Doc. 01-2947 Filed 2-2-01; 8:45 am]
BILLING CODE 6712-01-P