[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: 47CFR63.23]

[Page 242-243]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
Sec.  63.23  Resale-based international common carriers.

    The following conditions apply to carriers authorized to resell the 
international services of other authorized carriers:
    (a) A carrier authorized under Sec.  63.18(e)(2) may provide resold 
international services to international points for which the applicant 
qualifies for non-dominant regulation as set forth in Sec.  63.10, 
except that the carrier may not provide either of the following services 
unless it has received specific authority to do so under Sec.  
63.18(e)(3):
    (1) Resold switched services to a non-WTO Member country where the 
applicant is, or is affiliated with, a foreign carrier; and
    (2) Switched or private line services over resold private lines to a 
destination market where the applicant is, or is affiliated with, a 
foreign carrier and the Commission has not determined that the foreign 
carrier lacks market power in the destination market (see Sec.  
63.10(a)).
    (b) The carrier may not resell the international services of an 
affiliated carrier regulated as dominant on the route to be served 
unless it has received specific authority to do so under Sec.  
63.18(e)(3).
    (c) Except as provided in paragraph (b) of this section, the carrier 
may resell the international services of any authorized common carrier, 
pursuant to that carrier's tariff or contract duly filed with the 
Commission, for the provision of international basic switched, private 
line, data, television and business services to all international 
points.
    (d)(1) Except as provided in paragraph (d)(2) of this section, the 
carrier may provide switched basic services over its authorized resold 
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

[[Page 243]]

with enforcement actions taken by the Commission.
    (2) The carrier may use its authorized resold 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 
(d)(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.
    (e) Any party certified to provide international resold private 
lines to a particular geographic market shall report its circuit 
additions on an annual basis. Circuit additions should indicate the 
specific services provided (e.g., IMTS or private line) and the country 
served. This report shall be filed on a consolidated basis not later 
than March 31 for the preceding calendar year.
    (f) 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 19066, Apr. 19, 1999, as amended at 64 FR 34741, June 29, 1999; 
67 FR 45391, July 9, 2002]