[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Notices]
[Pages 7559-7560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3854]


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FEDERAL COMMUNICATIONS COMMISSION

[IB Docket No. 03-38; DA 03-390]


Petitions for Protection From Whipsawing on the U.S.-Philippines 
Route

AGENCY: Federal Communications Commission.

ACTION: Notice; soliciting comments.

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SUMMARY: AT&T and WorldCom filed petitions requesting that the FCC take 
action to protect U.S. international carriers and U.S. consumers from 
alleged ``whipsawing'' behavior occurring on the U.S.-Philippines 
route. The Commission issued a public notice soliciting comments on 
this issue.

DATES: Comments or oppositions are due on or before February 20, 2003 
and reply comments are due on or before February 27, 2003.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, SW., Washington, DC 20554. See Supplementary 
Information for filing instructions.

FOR FURTHER INFORMATION CONTACT:  James Ball, Chief, or Lisa Choi, 
Senior Legal Advisor, Policy Division, International Bureau, (202) 418-
1460.

SUPPLEMENTARY INFORMATION: AT&T Corp. (AT&T) and WorldCom Inc. 
(WorldCom) filed petitions on February 7, 2003 requesting that the 
Commission take action to protect U.S.-international carriers and U.S. 
consumers from alleged ``whipsawing'' behavior occurring on the U.S.-
Philippines route. ``Whipsawing'' is a form of anticompetitive behavior 
that involves the ability of foreign carriers to obtain unduly 
favorable terms and conditions from U.S.-international service 
providers by setting competing U.S. carriers against one another.
    According to AT&T's petition, several carriers in the Philippines, 
including the Philippines Long Distance Telephone Company (PLDT), Globe 
Telecom, Inc., Digitel Telecommunications Philippines, Inc., Bayan 
Telecommunications Company, Smart Communications, Inc., and Subic 
Telecom, collectively referred to as ``Philippine carriers,'' are 
engaged in disrupting AT&T's network. AT&T states that each of these 
carriers has demanded a unilateral increase in the rate for termination 
services in the Philippines for U.S.-outbound traffic. Similarly, 
WorldCom's petition states that PLDT has blocked WorldCom's traffic in 
retaliation for WorldCom's refusal to agree to a similar rate increase 
for traffic terminating on PLDT's network in the Philippines.
    AT&T and WorldCom have requested that the Commission take action to 
protect U.S. carriers in their negotiations on the U.S.-Philippines 
route from ``whipsawing'' and prevent further network disruptions and 
harm to U.S. consumers. Specifically, AT&T has requested that the 
Commission take urgent action to prevent further ``whipsawing,'' 
including interim relief. AT&T and WorldCom request that the Commission 
prohibit U.S. carriers from making payments to the Philippine carriers 
and PLDT, respectively, until international service is fully restored.
    All filings concerning any or all matters in this Public Notice 
should refer to IB Docket No. 03-38. Pursuant to Sections 1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested 
parties may file comments or oppositions on or before February 20, 2003 
and reply comments on or before February 27, 2003. Comments may be 
filed using the Commission's Electronic Comment Filing System (ECFS) or 
by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    Comments filed through the ECFS can be sent as an electronic file 
via the Internet to <http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. In 
completing the transmittal screen, commenters should include their full 
name, U.S. Postal Service mailing address, and the applicable docket 
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], and should include the following words 
in the body of the message, ``get form .'' A sample form and directions will be sent in 
reply.
    Parties who choose to file by paper must file an original and four 
copies of each filing. Filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail (although we continue to experience 
delays in receiving U.S. Postal Service mail).
    In addition, one copy of each pleading must be sent to the 
Commission's duplicating contractor, Qualex International, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554; e-mail: 
[email protected]; facsimile: (202) 863-2898; phone: (202) 863-2893.
    The Commission's contractor, Vistronix, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building. Commercial 
overnight mail (other than U.S. Postal Service Express Mail and 
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol 
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, 
and Priority Mail should be addressed to 445 12th Street,

[[Page 7560]]

SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Office of the Secretary, Federal Communications 
Commission.
    Copies of the petitions and any subsequently-filed documents in 
this matter may be obtained from Qualex International, in person at 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, via telephone at 
(202) 863-2893, via facsimile at (202) 863-2898, or via e-mail at 
[email protected]. The petition and any associated documents are also 
available for public inspection and copying during normal reference 
room hours at the following Commission office: FCC Reference 
Information Center, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554. The applications and any subsequently filed documents in this 
matter are also available electronically through the Commission's 
Electronic Filing System (ECFS) which may be accessed on the 
Commission's Internet Web site at http://www.fcc.gov. Ex parte 
communications between outside parties and Commission staff concerning 
these petitions are permitted subject to the Commission's rules for 
``permit-but-disclose proceedings.'' See 47 CFR 1.1206.

Federal Communications Commission.
James Ball,
Chief, Policy Division, International Bureau.
[FR Doc. 03-3854 Filed 2-13-03; 8:45 am]
BILLING CODE 6712-01-P