[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: 47CFR63.22] [Page 241-242] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) Sec. 63.22 Facilities-based international common carriers. The following conditions apply to authorized facilities-based international carriers: (a) A carrier authorized under Sec. 63.18(e)(1) may provide international facilities-based services to international points for which it qualifies for non-dominant regulation as set forth in Sec. 63.10, except in the following circumstance: If the carrier is, or is affiliated with, a foreign carrier in a destination market and the Commission has not determined that the foreign carrier lacks market power in the destination market (see Sec. 63.10(a)), the carrier shall not provide service on that route unless it has received specific authority to do so under Sec. 63.18(e)(3). (b) The carrier may provide service using half-circuits on any U.S. common carrier and non-common carrier facilities that do not appear on an exclusion list published by the Commission. Carriers may also use any necessary non-U.S.-licensed facilities, including any submarine cable systems, that do not appear on the exclusion list. Carriers may not use U.S. earth stations to access non-U.S.-licensed satellite systems unless the Commission has specifically approved the use of those satellites and so indicates on the exclusion list. The exclusion list is available from the International Bureau's World Wide Web site at http://www.fcc.gov/ib. (c) Specific authority under Sec. 63.18(e)(3) is required for the carrier to [[Page 242]] provide service using any facilities listed on the exclusion list, to provide service between the United States and any country on the exclusion list, or to construct, acquire, or operate lines in any new major common carrier facility project. (d) The carrier may provide international basic switched, private line, data, television and business services. (e)(1) Except as provided in paragraph (e)(2) of this section, the carrier may provide switched basic services over its authorized facilities-based private lines if and only if the country at the foreign end of the private line appears on a Commission list of countries to which the Commission has authorized the provision of switched services over private lines. See Sec. 63.16. If at any time the Commission removes the country from that list or finds that market distortion has occurred in the routing of traffic between the United States and that country, the carrier shall comply with enforcement actions taken by the Commission. (2) The carrier may use its authorized facilities-based private lines to provide switched basic services in circumstances where the carrier is exchanging switched traffic with a foreign carrier that lacks market power in the country at the foreign end of the private line. (3) A foreign carrier lacks market power for purposes of paragraph (e)(2) of this section if it does not appear on the Commission's list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points. This list is available from the International Bureau's World Wide Web site at http://www.fcc.gov/ib. (f) The carrier shall file annual international circuit status reports as required by Sec. 43.82 of this chapter. (g) The authority granted under this part is subject to all Commission rules and regulations and any conditions or limitations stated in the Commission's public notice or order that serves as the carrier's Section 214 certificate. See Sec. Sec. 63.12, 63.21 of this part. [64 FR 19065, Apr. 19, 1999, as amended at 64 FR 34741, June 29, 1999; 67 FR 45391, July 9, 2002]