[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: 47CFR64.1001]

[Page 286-287]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 64_MISCELLANEOUS RULES RELATING TO COMMON CARRIERS--Table of Contents
 
  Subpart J_International Settlements Policy and Modification Requests
 
Sec.  64.1001  International settlements policy and modification requests.


    (a) The procedures set forth in this rule are subject to Commission 
policies on international operating agreements in CC Dkt. No. 90-337.
    (b) If the international settlement arrangement in the operating 
agreement or amendment referred to in Sec.  43.51(e)(1) or (e)(2) of 
this chapter differs from the arrangement in effect in the operating 
agreement of another carrier providing service to or from the same 
foreign point, the carrier must file a modification request under this 
section unless the international route is exempt from the international 
settlements policy under Sec.  43.51(e)(3) of this chapter.
    (c) 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);
    (5) The effective date;
    (6) The division of the accounting rate; and
    (7) An explanation of the proposed modification(s) in the operating 
agreement with the foreign correspondent.
    (d) A modification request must contain a notarized statement that 
the filing carrier:
    (1) Has not bargained for, nor has knowledge of, exclusive 
availability of the new accounting rate;
    (2) Has not bargained for, nor has any indication that it will 
receive, more than its proportionate share of return traffic; and
    (3) Has informed the foreign administration that U.S. policy 
requires that competing U.S. carriers have access to accounting rates 
negotiated by the filing carrier with the foreign administration on a 
nondiscriminatory basis.
    (e) An operating agreement or amendment filed under a modification 
request cannot become effective until the modification request has been 
granted under paragraph (g) of this section.
    (f) Carriers must serve a copy of the modification request on all 
carriers providing the same or similar service to the foreign 
administration identified in the filing on the same day a modification 
request is filed.
    (g) All modification requests will be subject to a twenty-one (21) 
day pleading period for objections or comments, commencing the date 
after the request is filed. If the modification request is not complete 
when filed, the carrier will be notified that additional information is 
to be submitted, and a new 21 day pleading period will begin when the 
additional information is filed. The modification request will be deemed 
granted as of the twenty-second (22nd)

[[Page 287]]

day without any formal staff action being taken: provided
    (1) No objections have been filed, and
    (2) The International Bureau has not notified the carrier that grant 
of the modification request may not serve the public interest and that 
implementation of the proposed modification must await formal staff 
action on the modification request. If objections or comments are filed, 
the carrier requesting the modification request may file a response 
pursuant to Sec.  1.45 of this chapter. Modification requests that are 
formally opposed must await formal action by the International Bureau 
before the proposed modification can be implemented.

[56 FR 25372, June 4, 1991, as amended at 58 FR 4354, Jan. 14, 1993; 60 
FR 5333, Jan. 27, 1995; 62 FR 5541, Feb. 6, 1997; 62 FR 64758, Dec. 9, 
1997; 64 FR 34742, June 29, 1999; 66 FR 16882, Mar. 28, 2001]