[Code of Federal Regulations] [Title 47, Volume 3] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR64.1001] [Page 289-290] 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 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); (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. (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) 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 [[Page 290]] 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; 69 FR 23154, Apr. 28, 2004; 69 FR 29903, May 26, 2004; 69 FR 40327, July 2, 2004] Effective Date Notes: 1. At 69 FR 23154, Apr. 28, 2004, Sec. 64.1001 was amended by revising the section heading, paragraphs (a) and (b), by removing paragraphs (c) and (e), and by redesignating paragraphs (d), (f), and (g) as paragraphs (c), (d), and (e). These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 2. At 69 FR 40327, July 2, 2004, Sec. 64.1001 was amended by revising the section heading, and paragraphs (a) and (b). These paragraphs supersede the text of Apr. 28, 2004 and are incorporated in the section. These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.