[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Rules and Regulations]
[Pages 40326-40328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15004]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 64

[DA 04-671]


International Bureau Filing System (IBFS)

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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SUMMARY: The Federal Communications Commission published a document in 
the Federal Register on May 26, 2004 (69 FR 29894), codifying rules 
governing the electronic filing of documents in the Commission's 
International Bureau Filing System (IBFS). This document inadvertently 
contained several errors. The introductory text of Sec.  1.767(a) 
inadvertently removed Sec. Sec.  1.767(a)(1) through (11). The rules in 
new subpart Y were inadvertently designated Sec. Sec.  1.9000 through 
1.9018 instead of Sec. Sec.  1.10000 through 1.10018, respectively. 
Finally, the amendments to the section heading for Sec.  64.1001 and 
paragraphs (a) and (b) did not reflect earlier revisions to Sec.  
64.1001. In addition, the effective date for Sec.  64.1001 did not 
reflect that the rule changes were subject to approval by the Office of 
Management and Budget under the Paperwork Reduction Act.

DATES: Effective on July 2, 2004, except for the revisions to Sec.  
64.1001, which contains information requirements that have not yet been 
approved by the Office of Management and Budget (OMB). The Commission 
will publish a document announcing the effective date of this section.

FOR FURTHER INFORMATION CONTACT: Mary Jane Solomon, International 
Bureau, telephone (202) 418-0593 or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: The Commission published a document in the 
Federal Register (69 FR 29894, May 26, 2004) to adopt rules governing 
electronic filing of documents in its International Bureau Filing 
System (IBFS). The Commission's amendments to the introductory text of 
Sec.  1.767(a) inadvertently removed Sec. Sec.  1.767(a)(1) through 
(11). Also, the Commission adopted a new subpart Y to part 1 of the 
Commission's rules. The rules in subpart Y were inadvertently 
designated Sec. Sec.  1.9000 through 1.9018. Those rules should have 
been designated as Sec. Sec.  1.10000 through 1.10018, respectively. 
Finally, the Commission adopted amendments to Sec.  64.1001, and stated 
that those amendments would take effect on May 19, 2004. Those 
amendments did not reflect earlier revisions to Sec.  64.1001 and that 
those revisions were subject to approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act. This document 
corrects these errors by revising Sec. Sec.  64.1001(a) and (b), and by 
scheduling the effective date of the revisions to Sec.  64.1001 upon 
approval by OMB.

List of Subjects in 47 CFR Parts 1 and 64

    Administrative practice and procedure, Communications and common 
carriers, Reporting and recordkeeping requirements.

0
Accordingly, 47 CFR parts 1 and 64 are corrected by making the 
following correcting amendments:

[[Page 40327]]

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


0
2. Section 1.767 is amended by revising paragraph (a) to read as 
follows:


Sec.  1.767  Cable landing licenses.

    (a) Applications for cable landing licenses under 47 U.S.C. 34-39 
and Executive Order No. 10530, dated May 10, 1954, should be filed in 
accordance with the provisions of that Executive Order. You may file 
your application electronically on the Internet through the 
International Bureau Filing System (IBFS) or by paper. For information 
on filing your application through IBFS, see Part 1, Subpart Y and the 
IBFS homepage at http://www.fcc.gov/ibfs. Paper applications should be 
filed in duplicate. Regardless of whether they are filed on paper or 
electronically, these applications must contain:
    (1) The name, address and telephone number(s) of the applicant;
    (2) The Government, State, or Territory under the laws of which 
each corporate or partnership applicant is organized;
    (3) The name, title, post office address, and telephone number of 
the officer and any other contact point, such as legal counsel, to whom 
correspondence concerning the application is to be addressed;
    (4) A description of the submarine cable, including the type and 
number of channels and the capacity thereof;
    (5) A specific description of the cable landing stations on the 
shore of the United States and in foreign countries where the cable 
will land. The description shall include a map showing specific 
geographic coordinates, and may also include street addresses, of each 
landing station. The map must also specify the coordinates of any beach 
joint where those coordinates differ from the coordinates of the cable 
station. The applicant initially may file a general geographic 
description of the landing points; however, grant of the application 
will be conditioned on the Commission's final approval of a more 
specific description of the landing points, including all information 
required by this paragraph, to be filed by the applicant no later than 
ninety (90) days prior to construction. The Commission will give public 
notice of the filing of this description, and grant of the license will 
be considered final if the Commission does not notify the applicant 
otherwise in writing no later than sixty (60) days after receipt of the 
specific description of the landing points, unless the Commission 
designates a different time period;
    (6) A statement as to whether the cable will be operated on a 
common carrier or non-common carrier basis;
    (7) A list of the proposed owners of the cable system, including 
each U.S. cable landing station, their respective voting and ownership 
interests in each U.S. cable landing station, their respective voting 
interests in the wet link portion of the cable system, and their 
respective ownership interests by segment in the cable;
    (8) For each applicant of the cable system, a certification as to 
whether the applicant is, or is affiliated with, a foreign carrier, 
including an entity that owns or controls a foreign cable landing 
station in any of the cable's destination markets. Include the 
citizenship of each applicant and information and certifications 
required in Sec. Sec.  63.18(h) through (k), and in Sec.  63.18(o), of 
this chapter;
    (9) A certification that the applicant accepts and will abide by 
the routine conditions specified in paragraph (g) of this section; and
    (10) Any other information that may be necessary to enable the 
Commission to act on the application.
    (11)(i) If applying for authority to assign or transfer control of 
an interest in a cable system, the applicant shall complete paragraphs 
(a)(1) through (a)(3) of this section for both the transferor/assignor 
and the transferee/assignee. Only the transferee/assignee needs to 
complete paragraphs (a)(8) through (a)(9) of this section. At the 
beginning of the application, the applicant should also include a 
narrative of the means by which the transfer or assignment will take 
place. The application shall also specify, on a segment specific basis, 
the percentage of voting and ownership interests being transferred or 
assigned in the cable system, including in a U.S. cable landing 
station. The Commission reserves the right to request additional 
information as to the particulars of the transaction to aid it in 
making its public interest determination.
    (ii) In the event the transaction requiring an assignment or 
transfer of control application also requires the filing of a foreign 
carrier affiliation notification pursuant to Sec.  1.768, the applicant 
shall reference in the application the foreign carrier affiliation 
notification and the date of its filing. See Sec.  1.768. See also 
paragraph (g)(7) of this section (providing for post-transaction 
notification of pro forma assignments and transfers of control).
    (iii) An assignee or transferee shall notify the Commission no 
later than thirty (30) days after either consummation of the assignment 
or transfer or a decision not to consummate the assignment or transfer. 
The notification may be by letter and shall identify the file numbers 
under which the initial license and the authorization of the assignment 
or transfer were granted.
* * * * *


Sec. Sec.  1.900 through 1.8018  [Redesignated as Sec. Sec.  1.10000 
through 1.10018]

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3. In subpart Y, Sec. Sec.  1.9000 through 1.9018 are redesignated as 
Sec. Sec.  1.10000 through 1.10018.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
4. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), 
Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 225, 226, 228, and 254(k) unless otherwise noted.

0
5. Section 64.1001 is amended by revising the section heading, 
paragraph (a), and paragraph (b) to read as follows:


Sec.  64.1001  Requests to modify international settlements 
arrangements.

    (a) The procedures set forth in this rule apply to carriers that 
are required to file with the International Bureau, pursuant to Sec.  
43.51(e) of this chapter, requests to modify international settlement 
arrangements. Any operating agreement or amendment for which a 
modification request is required to be filed cannot become effective 
until the modification request has been granted under paragraph (e) of 
this section. If you must file a modification request, you may either 
file electronically or on paper. The electronic form requires you to 
submit the same information that is required in the paper filing, 
specified below. A modification request may be filed electronically on 
the Internet through the International Bureau Filing System (IBFS) or 
by paper. For information on filing your notification through IBFS, see 
part 1, subpart Y of this chapter, and the IBFS homepage at http://www.fcc.gov/ibfs.
    (b) A modification request must contain the following information:
    (1) The applicable international service;
    (2) The name of the foreign telecommunications administration;
    (3) The present accounting rate (including any surcharges);
    (4) The new accounting rate (including any surcharges);

[[Page 40328]]

    (5) The effective date;
    (6) The division of the accounting rate; and
    (7) An explanation of any proposed modification(s) in the operating 
agreement with the foreign correspondent.
* * * * *

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-15004 Filed 7-1-04; 8:45 am]
BILLING CODE 6712-01-P