[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR63.14]

[Page 235]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
Sec.  63.14  Prohibition on agreeing to accept special concessions.

    (a) Any carrier authorized to provide international communications 
service under this part shall be prohibited, except as provided in 
paragraph (c) of this section, from agreeing to accept special 
concessions directly or indirectly from any foreign carrier with respect 
to any U.S. international route where the foreign carrier possesses 
sufficient market power on the foreign end of the route to affect 
competition adversely in the U.S. market and from agreeing to accept 
special concessions in the future.

    Note to paragraph (a): Carriers may rely on the Commission's list of 
foreign carriers that do not qualify for the presumption that they lack 
market power in particular foreign points for purposes of determining 
which foreign carriers are the subject of the prohibitions contained in 
this section. The Commission's list of foreign carriers that do not 
qualify for the presumption that they lack market power is available 
from the International Bureau's World Wide Web site at http://
www.fcc.gov/ib.

    (b) A special concession is defined as an exclusive arrangement 
involving services, facilities, or functions on the foreign end of a 
U.S. international route that are necessary for the provision of basic 
telecommunications services where the arrangement is not offered to 
similarly situated U.S.-licensed carriers and involves:
    (1) Operating agreements for the provision of basic services;
    (2) Distribution arrangements or interconnection arrangements, 
including pricing, technical specifications, functional capabilities, or 
other quality and operational characteristics, such as provisioning and 
maintenance times; or
    (3) Any information, prior to public disclosure, about a foreign 
carrier's basic network services that affects either the provision of 
basic or enhanced services or interconnection to the foreign country's 
domestic network by U.S. carriers or their U.S. customers.
    (c) This section shall not apply to the rates, terms and conditions 
in an agreement between a U.S. carrier and a foreign carrier that govern 
the settlement of international traffic, including the method for 
allocating return traffic, if the international route is exempt from the 
international settlements policy under Sec.  43.51(e)(3) of this 
chapter.

[62 FR 64754, Dec. 9, 1997, as amended at 64 FR 19063, Apr. 19, 1999; 64 
FR 34741, June 29, 1999; 66 FR 16881, Mar. 28, 2001]