[Federal Register Volume 69, Number 55 (Monday, March 22, 2004)]
[Proposed Rules]
[Pages 13276-13278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6317]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 63

[IB Docket No. 04-47, FCC 04-40]


Amendment of the Commission's Rules

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend several of the Commission's 
rules regarding the provision of international telecommunications 
service. This document also proposes to clarify the intent of certain 
rules. The proposed rule changes will remove unnecessary burdens on the 
public and the agency.

DATES: Comments are due to be filed by May 6, 2004, and reply comments 
are due to be filed by June 7, 2004. Office of Management and Budget 
(OMB), the general public, and other Federal agencies are invited to 
comment on the information collection requirements on or before May 21, 
2004. Written comments on the proposed information collection 
requirements must be submitted by the public, OMB, and other interested 
parties on or before May 21, 2004.

ADDRESSES: Federal Communications Commission, Secretary, 445 12th 
Street, SW., Room TW-B204F, Washington, DC 20554. In addition to filing 
comments with the Secretary, a copy of any Paperwork Reduction Act 
(PRA) comments on the information collection contained herein should be 
submitted to Judith B. Herman, Federal Communications Commission, Room 
1-C804, 445 12th Street, SW., Washington, DC 20554, or via the Internet 
to [email protected] and Kristy L. LaLonde, OMB Desk Officer, Room 
10236 NEOB, 725 17th Street, NW., Washington, DC 20503 via the Internet 
to [email protected] or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Peggy Reitzel, Policy Division, 
International Bureau, (202) 418-1499. For additional information 
concerning the information collection requirements subject to the 
Paperwork Reduction Act contained in this Order contact Judith B. 
Herman at (202) 418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION This is a summary of the Commission's Notice 
of Proposed Rulemaking, IB Docket No. 04-47, FCC 04-40, adopted on 
February 25, 2004, and released on March 4, 2004. The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference 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-04-40A1.pdf. The 
complete text of this document also may be purchased from the 
Commission's copy contractor, Qualex International, Portals II, 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone: 202-
863-2893, fax: 202-863-2898, e-mail [email protected]. This Order 
contains proposed information collections subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to 
the Office of Management and Budget (OMB) for review under the PRA. 
OMB, the general public, and other Federal agencies will be invited to 
comment on the proposed information collections contained in this 
proceeding.

Summary of Report and Order

    1. As part of the 2002 biennial regulatory review proceeding, the 
Commission received comments on proposed changes to the rules contained 
in 47 CFR part 63. Based on its review of the rules and various 
comments, the International Bureau recommended that the Commission 
undertake a proceeding to review several rules in part 63 for reasons 
other than developments in the level of competition. The International 
Bureau recommended that the Commission institute a proceeding to 
explore whether there are less burdensome means of applying the public 
interest goals of part 63 to carriers. The Notice of Proposed 
Rulemaking (NPRM) seeks comment on those recommendations made by the 
International Bureau. In addition, the NPRM also seeks comment on 
whether to amend Sec.  1.767 of the Commission's rules regarding 
procedures for Commission consideration of applications for cable 
landing licenses. The proposed rule changes would remove unnecessary 
burdens from both the public and the Commission.
    2. The NPRM seeks comment on whether to modify the international 
discontinuance procedures so that they are more consistent with the 
procedures for domestic services. At present there are several 
differences between the discontinuance procedures for international and 
domestic services, including the length of notice required. The 
procedures for discontinuing an international service are contained in 
47 CFR 63.19. The item seeks comment on the appropriate notice period 
so customers will have sufficient time to secure an alternative 
provider for their U.S.-international services before their existing 
service is discontinued. The NPRM also seeks comment on which, if any, 
of the procedures for discontinuance of a domestic service should also 
be used for the discontinuance of an international service by a U.S.-
carrier and which procedures should be different.
    3. The NPRM requests comment on whether the Commission should 
exempt certain commercial mobile radio service (CMRS) carriers from the 
requirement to file an application for international section 214 
authority prior to providing international service on a purely

[[Page 13277]]

switched resale basis. The exemption would apply to CMRS carriers that 
are either (1) unaffiliated with any foreign carrier with market power 
at the foreign end of the route, or (2) where the CMRS provider has an 
affiliation with such a foreign carrier and seeks to provide 
international service by reselling directly or indirectly the 
international switched services of U.S. carriers with which it is not 
affiliated. Currently, CMRS carriers only provide international service 
on a resale basis. The NPRM seeks comment on whether national security, 
law enforcement, foreign policy or trade issues are present where a 
CMRS carrier unaffiliated with a dominant foreign carrier merely 
resells international switched services of unaffiliated U.S. carriers. 
Further, the NPRM asks whether a 30-day notification requirement would 
be sufficient to address any such Executive Branch concerns. The NPRM 
also seeks comment on whether CMRS carriers can be distinguished from 
other pure resellers (those who would remain subject to prior 
Commission approval of international section 214 authority) because of 
(1) the de minimis nature of CMRS resale of switched voice services and 
(2) the fact that CMRS carriers also hold Title III licenses from the 
Commission.
    4. The NPRM proposes to amend Sec.  63.18(e)(2) to allow carriers 
with global resale authority to resell the U.S.-inbound international 
services of both U.S. based and foreign common carriers. The NPRM also 
proposes to amend Sec.  63.23 to allow carriers to resell services 
between the United States and all international points. The NPRM seeks 
comment on these proposed changes to the rules. Under the current rules 
it is not clear whether a U.S.-CMRS carrier can provide international 
roaming--which allows the CMRS customer traveling in a foreign country 
to call back to the United States--by reselling the services of foreign 
carriers under its global resale authority. There is a great need for 
clarity with regard to this issue because CMRS carriers currently 
provide increasingly more international roaming service.
    5. The NPRM seeks comment on whether to amend Sec.  63.21(h) to 
allow commonly-controlled subsidiaries to provide international service 
pursuant to their parent's international section 214 authorization. 
Currently only a wholly-owned subsidiary may provide international 
service pursuant to its parent's authorization. A commonly-controlled 
subsidiary must obtain its own international section 214 authorization. 
The NPRM seeks comment on whether there is a maximum percent of 
differing ownership that should be allowed (e.g., 10 percent, 20 
percent) before a subsidiary would be required to obtain its own 
authorization. The NPRM also seeks comment on the potential national 
security, law enforcement, foreign policy, or trade issues that may be 
raised because of the differing ownership of the commonly-controlled 
subsidiary.
    6. The NPRM seeks comment on whether the Coastal Zone Management 
Act of 1972 (CZMA) applies to cable landing license applications, and, 
if so, whether the Commission should modify Sec.  1.767 to ensure 
compliance with the CZMA. Currently, the Commission does not require 
applicants to comply with the CZMA. The CZMA authorizes coastal states 
to develop coastal management plans, subject to Federal approval 
through the National Oceanic and Atmospheric Administration (NOAA). 
Under the CZMA, States with federally-approved programs are entitled to 
review for consistency with those programs any ``required federal 
license or permit to conduct an activity, in or outside of the coastal 
zone, ``affecting any land or water use or natural resource of the 
coastal zone of that state.'' The NPRM also seeks comment on 
alternative options to implement compliance with the CZMA if it is 
determined that such compliance is required.
    7. The NPRM proposes to amend Sec.  63.24 to clarify that an 
international section 214 authorization holder must notify the 
Commission of a change from more than 50 percent ownership to 50 
percent or less but still controlling ownership interest. Currently, 
the rule states that only a change from less than 50 percent ownership 
to 50 percent or more ownership shall always be considered a transfer 
of control. The NPRM also proposes to amend Sec.  63.24 in order to 
make it clear that an asset acquisition that will not result in a loss 
of service for customers should be treated as an assignment of assets 
rather than a discontinuance of service. The NPRM seeks comment on 
these proposed changes.

Procedural Matters

Paperwork Reduction Act

Initial Paperwork Reduction Act of 1995 Analysis
    8. This NPRM contained proposed new information collection(s). The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public and the Office of Management and 
Budget (OMB) to comment on the information collection(s) contained in 
this NPRM, as required by the Paperwork Reduction Act (PRA) of 1995, 
Public Law 104-13. Public and agency comments are due May 21, 2004. PRA 
comments should address: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Control Number: 3060-0686.
    Title: Streamlining the International Section 214 authorization 
Process and Tariff Requirements.
    Form No.: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents: 410.
    Estimated Time Per Response: 4 hours.
    Frequency of Response: On occasion reporting requirement and third 
party disclosure requirement.
    Total Annual Burden: 20 hours.
    Total Annual Costs: $3,000.
    Needs and Uses: The information will be used by the Commission 
staff in carrying out its duties under the Communications Act. The 
information collections are necessary to notify customers of 
discontinuance in service. The information will be used to ensure 
compliance with the Coastal Zone Management Act of 1971. Also, the 
information will be used by the Commission to determine the 
qualifications of applicants to provide common carrier international 
telecommunications service, including applicants that are affiliated 
with foreign carriers, and to determine whether and under what 
conditions the authorizations are in the public interest, convenience, 
and necessity. The information collections are necessary to maintain 
effective oversight of U.S. international carriers generally. The 
notification requirements will ensure that the Commission's records 
accurately reflect the identity of every authorized carrier as well as 
other needed information.
    9. Initial Regulatory Flexibility Certification. The Regulatory 
Flexibility Act of 1980, as amended (RFA), requires that a regulatory 
flexibility analysis be prepared for rulemaking proceedings, unless the 
agency certifies that ``the rule

[[Page 13278]]

will not have a significant economic impact on a substantial number of 
small entities.'' 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. A small business 
concern is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    10. In this NPRM, the Commission seeks comment on possible changes 
to its international section 214 authorization process, cable landing 
license process, and the rules relating to the provision of U.S.-
international telecommunications services. As discussed above, the 
Commission has continually reviewed its rules regarding the 
authorization of international services under section 214 of the Act. 
Through this review, we have sought to: Facilitate the introduction of 
new services; provide customers with more choices, innovative services, 
and competitive prices; improve our processing of authorization 
applications and regulation of international services; and lessen 
regulatory burdens placed on carriers. As part of our 2002 biennial 
regulatory review proceeding, the Commission received comments on 
proposed changes to the rules contained in part 63. This proceeding 
reviews several rules in part 63.
    11. The rule changes discussed in the NPRM, if adopted, would make 
the international discontinuance rules more consistent with domestic 
service rules. In addition, we seek comment on whether to eliminate the 
requirement for CMRS carriers to apply for section 214 authority to 
provide international service to their customers through the pure 
resale of the switched services of other U.S. carriers. The proposal in 
the NPRM would remove confusion as to whether a CMRS carrier requires 
authority to resell U.S. inbound service of a foreign carrier for the 
U.S.-CMRS carrier's customers that are roaming in a foreign country. We 
also seek comment on whether to amend Sec.  1.767 of its rules to 
assure compliance with the CZMA. Finally, the NPRM seeks comment on 
whether to expand the authority of a carrier's international section 
214 authority to commonly-controlled subsidiaries.
    12. We believe that the proposals are in the public interest and 
will lessen the burdens on all carriers providing international common 
carrier service pursuant to section 214 of the Act, including those 
carriers that are small entities. Therefore, we certify that the 
proposals in this NPRM, if adopted, will not have a significant 
economic impact on a substantial number of entities. If commenters 
believe that the proposals discussed in the NPRM require additional RFA 
analysis, they should include a discussion of the issues in their 
comment and label them as RFA comments. The Commission will send a copy 
of the NPRM, including this initial certification, to the Chief Counsel 
for Advocacy of the Small Business Administration. In addition, 
summaries of the NPRM and initial certification will be published in 
the Federal Register.
    13. Report to Congress: The Commission will send a copy of the 
NPRM, including a copy of the Initial Regulatory Flexibility 
Certification, in a report to Congress pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A). In addition, the NPRM and this 
Certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration and will be published in the Federal 
Register, 5 U.S.C. 605(b).

Ordering Clauses.

    14. Pursuant to the authority contained in sections 1, 4, 10, 11, 
201-205 214, 218, 403, and 651 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154, 155, 161, 201-205, 214, 218, 219, 220, 
225, 303(r), 309, 325, 403, and 571 this Notice of Proposed Rulemaking 
is hereby adopted.
    15. The Commission's Consumer Information and Government Affairs 
Bureau, Reference Information Center, shall send a copy of this Notice 
of Proposed Rulemaking, including the Initial Regulatory Flexibility 
Act Certification, to the Chief Counsel for Advocacy of the Small 
Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-6317 Filed 3-19-04; 8:45 am]
BILLING CODE 6712-01-P