[Federal Register Volume 68, Number 93 (Wednesday, May 14, 2003)]
[Rules and Regulations]
[Pages 25840-25841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11847]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Ch. I

[IB Docket No. 02-18, FCC 03-63]


Enforcement of Other Nations' Prohibitions Against the 
Uncompleted Call Signaling Configuration of International Call-back 
Service

AGENCY: Federal Communications Commission.

ACTION: Policy Statement.

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SUMMARY: This document is a summary of the Commission's decision to 
eliminate the comity-based prohibitions on call-back and the policy 
that allowed a foreign government or entity to make use of the 
enforcement mechanisms of the FCC to enforce foreign government 
prohibitions against U.S. carriers from offering call0singaling abroad. 
The FCC determined that the policy is no longer necessary in today's 
pro-competitive environment.

DATES: Effective March 24, 2003.

FOR FURTHER INFORMATION CONTACT: David Krech, International Bureau, 
(202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
(Order), FCC 03-63, adopted on March 24, 2003, and released on March 
28, 2003. The full text of this document is available for inspection 
and copying during normal business hours in the Consumer and Government 
Affairs Bureau's Reference Information Center, (Room CY-A257) of the 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554. The document is also available for download over the Internet at 
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-63A1.pdf. The 
complete text of this document also may be purchased from the 
Commission's copy contractor, Qualex, Portals II, 445 12th St., SW., 
Room CY-B402, Washington, DC 20054, telephone (202) 863-2893.

Summary of Order

    1. On January 30, 2002, the Commission released a Notice of 
Proposed Rulemaking (67 FR 10656, March 9, 2002) to review the 
Commission's international call-back enforcement policy. International 
call-back arrangements allow foreign callers to take advantage of low 
U.S. international services rates, many of which are significantly 
lower than the rates available in their home countries. Specifically, 
the Commission's international call-back policy extends to the 
uncompleted call signaling configuration of call-back. Uncompleted call 
signaling involves a foreign caller who dials the call-back provider's 
switch in the United States, waits a predetermined number of rings, and 
hangs up before the switch answers. The switch then automatically 
returns the call, and upon completion, provides the caller in the 
foreign country with a U.S. dialtone.
    2. In a 1994 order, the Commission authorized U.S. carriers to 
provide call-back service. The Commission concluded that the provision 
of call-back does not violate U.S. law or international law or 
regulations. In 1995, the Commission reconsidered its decision in light 
of international comity. The Commission adopted a policy prohibiting 
U.S. carriers from offering international call-back using the completed 
call signaling configuration to countries where it has been expressly 
prohibited. Foreign governments were invited to notify the Commission 
of the legality of call-back within their territory, and the Commission 
maintains a public file containing the submitted material from foreign 
governments.
    3. Since adopting its call-back policy in 1995, the Commission has 
taken significant steps to open the U.S. international market to 
competition and to enhance consumer benefits on U.S. international 
routes. In this Order, the Commission concluded that the policy is no 
longer necessary in today's pro-competitive environment. Thus, the 
Commission decided to eliminate its comity-based call-back policy and 
discontinue the policy that allows a foreign government or entity to 
make use of the enforcement mechanisms of the Commission to prohibit 
the U.S.

[[Page 25841]]

carriers from offering one form of call-back abroad.
    4. The Commission continues to maintain that its policy allowing 
the uncompleted call signaling configuration of call-back is consistent 
with international law.
    5. Further, the Commission finds that this change to its policy on 
call-back services is also consistent with the ITU Plenipotentiary 2002 
Resolution 21 and the 1994 Kyoto Declaration.
    6. The Commission will continue to maintain a public file to inform 
call-back providers about the legality of call-back in foreign nations. 
Also, the FCC will continue to maintain its policies prohibiting call-
back configurations that degrade the network or constitute fraudulent 
activity.

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 6013612, as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
Public Law 104-121, Title II, 110 Stat. 957, requires a final 
regulatory flexibility analysis in notice-and-comment proceedings, 
unless the agency certifies that ``the rule will not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities.'' The policy change adopted in this Order does not impose any 
additional compliance burden on small entities dealing with the 
Commission. The RFA generally defines the term ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. Accordingly, we 
certify, pursuant to Section 605(b) of the RFA, that the policy change 
adopted in this Order does not have a significant economic impact on a 
substantial number of small business entities, as defined by the RFA. 
The Commission's Consumer and Government Affairs Bureau, Reference 
Information Center, shall send a copy of this Order, including the 
Final Regulatory Flexibility Certification, to the Chief Counsel for 
Advocacy of the Small Business Administration in accordance with 
section 605(b) of the RFA. This final certification will also be 
published in the Federal Register.
    In this Order, the Commission eliminated the comity-based 
prohibitions on call-back and the policy that allowed a foreign 
government or entity to make use of the enforcement mechanisms of the 
FCC to enforce foreign government prohibitions against U.S. carriers 
from offering call-signaling aboard. After careful consideration, the 
Commission concluded that eliminating the policy will foster 
competition for both small and large entities.
    The Commission does not know the precise number of small entities 
that may be affected by this Order because it does not maintain 
statistical data on the size and scope of call-back providers. However, 
the Commission believes that most, if not all, of the call-back 
providers would not be considered small entities because many of these 
entities are wireline carriers with more than 1500 employees (see NAICS 
Code 517110, 13 CFR parts 121-201). Thus, very few, if any, small 
entities would be affected by this Order. Elimination of the call-back 
policy will be beneficial for both large and small entities. The 
Commission's Order is pro-competitive and will provide, for both large 
and small entities, lower prices, new and better products and services, 
and greater consumer choices. In addition, the Commission will maintain 
an on-going public file to inform both large and small carriers about 
the legality of call-back in foreign countries. The public file will 
enable all entities to note which foreign governments have notified the 
Commission that call-back is illegal in their countries.
    Therefore, we certify that eliminating the call-back policy will 
not have a significant economic effect on a substantial number of small 
entities.

Ordering Clauses

    7. Accordingly, pursuant to sections 1, 4 (j)(-j), 201(b), 214, 
303(r), and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i)(j), 201(b), 214, 303(r), and 403, this Order is 
hereby adopted.
    8. The condition placed on international Section 214 authorizations 
regarding the provision of international call-back services through the 
use of uncompleted call-signaling, is hereby removed from all existing 
Section 214 authorizations.
    9. The Commission's Consumer and Government Affairs Bureau's 
Reference Information Center, shall send a copy of this Order including 
the final regulatory flexibility certification, to the Chief Counsel 
for Advocacy of the Small Business Administration.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 03-11847 Filed 5-13-03; 8:45 am]
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