Mandatory Electronic Filing for International Telecommunications Services and Other International Filings, 38795-38800 [05-12937]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Rules and Regulations]
[Pages 38795-38800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12937]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 63, and 64

[IB Docket No. 04-226; FCC 05-91]


Mandatory Electronic Filing for International Telecommunications 
Services and Other International Filings

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document is a summary of the Report and Order adopted by 
the Commission in this proceeding. The Commission adopted rule changes 
that eliminate paper filings and require applicants to file 
electronically all applications and other filings related to 
international telecommunications services. The Report and Order will 
further the Commission's goals to increase the efficiency of 
application processing and to expedite the availability of the 
application information for public use and inspection.

DATES: Effective August 5, 2005 except for 47 CFR 63.19(d), 63.21(a), 
63.21(h), 63.21(i), 63.25(b), 63.25(c), 63.25(e), 63.53(a)(1), 
63.53(a)(2), 63.701 introductory text and (j), 64.1001(a), 64.1001(f), 
64.1002(c) and 64.1002(e) which contain information requirements that 
have not yet been approved by the Office of Management and Budget 
(OMB). The Commission will publish a document in the Federal Register 
announcing the effective date of those sections. OMB, the general 
public, and other Federal agencies are invited to comment on the 
information collection requirements on or before September 6, 2005.

ADDRESSES: In addition to filing comments with the Office of the 
Secretary, a copy of any comments on the Paperwork Reduction Act 
information collection(s) contained herein should be submitted to 
Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 
12th Street, SW., Washington, DC 20554, or via the Internet to Judity-
B.Herman@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Peggy Reitzel or JoAnn Ekblad, Policy 
Division, International Bureau, (202) 418-1460. For additional 
information concerning the Paperwork Reduction Act information 
collection(s) contained in this document, contact Judith B. Herman at 
202-418-0214, or via the Internet at Judith-B.Herman@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in IB Docket No. 04-226, FCC No. 05-91, adopted April 29, 
2005 and released on May 11, 2005. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room CY-A257). The document is also 
available for download over the Internet at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-05-91A1.pdf. The complete text may also 
be purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc. (BCPI) located in Room CY-B402, 445 12th Street, SW., 
Washington, DC 20554. Customers may contact BCPI at their Web site: 
https://www.bcpiweb.com or call 1-800-378-3160.

Summary

    The Commission initiated a Notice of Proposed Rulemaking in this 
proceeding (69 FR 48118, August 9, 2004). In response to the Notice of 
Proposed Rulemaking, on April 29, 2005, the Commission adopted a Report 
and Order adopting the proposals contained in the Notice of Proposed 
Rulemaking. The new rules will mandate electronic filing of 
applications and other submissions related to the provision of 
international telecommunications services. Over the years, the 
Commission has introduced a number of electronic filing systems that a 
large and growing number of applicants are using to file their 
applications. For international services, filers submit applications 
and other filings via the International Bureau Filing System (IBFS). In 
the Report and Order, the Commission required all filings related to 
international telecommunications services to be submitted via the IBFS.
    The mandatory filing requirements will be implemented in stages as 
new forms are developed for IBFS. This phased-in implementation will 
allow for the development of additional forms consistent with the 
rules. The Commission adopted a sixty-day transition period to allow 
applicants and carriers time to adjust to the new filing requirements. 
The sixty-day transition period will begin on the effective date of the 
new rules and will apply to those applications for which electronic 
forms are currently available. Thereafter, the International Bureau 
will issue public notices announcing the availability of new forms and 
the effective date of the electronic filing requirement. At the end of 
the sixty-day transition period, the Commission will no longer accept 
filings in a manual

[[Page 38796]]

format, and the filings will be returned to the applicant without 
processing.
    The Report and Order concluded that mandatory electronic filing 
will allow applicants to make international filings more rapidly and 
efficiently. In addition, it will improve the speed and efficiency of 
application processing, and expedite the availability of the 
application information for public use and inspection. Also, the 
Commission concluded that electronic filing would not impose any undue 
burdens on parties.
    The Commission will continue with its policies for the confidential 
treatment of certain materials. Currently, IBFS does not accommodate 
confidential filings, but the Commission intends to develop the 
capability of IBFS to accommodate confidentially filed pleadings and 
applications.

Procedural Matters

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for any rule making 
proceeding that requires notice-and-comment, unless the agency 
certifies that the ``rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities.'' (See 5 
U.S.C. 601-612, has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA), Public Law 104-121, Title 
II, 110 Stat. 857 (1996).) The RFA generally defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' The 
term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A ``small business 
concern'' is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    Pursuant to the RFA, the Commission incorporated an Initial 
Regulatory Flexibility Certification into the Notice of Proposed 
Rulemaking in the Certification. The Commission tentatively concluded 
that the proposals contained in the Notice of Proposed Rulemaking were 
in the public interest and would not impose undue burdens on carriers, 
small or large. Further, any burdens caused by mandating electronic 
filing would be offset by the fact that services to the public would 
likely be expedited. We received no comments on the Notice of Proposed 
Rulemaking or the Initial Regulatory Flexibility Certification.
    In the Report and Order, the Commission adopted mandatory 
electronic filing for applications and other filings associated with 
international telecommunications services. Mandatory electronic filing 
is in the public interest and will not impose undue burdens on a 
significant number of small entities that are now required to file for 
international telecommunications services. Further, the processing of 
these filings will be expedited by mandatory electronic filing.
    We certify that the requirements of the Report and Order will not 
have a significant economic impact on a substantial number of entities.
    Report to Congress: The Commission will send a copy of the Order, 
including a copy of the Final Regulatory Flexibility Certification, in 
a report to Congress. In addition, the Commission will send a copy of 
the Order, including a copy of the Final Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the SBA. A copy of 
the Order and Final Regulatory Flexibility Certification will also be 
published in the Federal Register.

Paperwork Reduction Act Analysis

    This Report and Order contains either new or modified information 
collections subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It has been submitted to the Office of Management 
and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the modified information collection contained in this proceeding. (See 
69 FR 48188, August 9, 2004) In addition, we note that pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, (see 
44 U.S.C. 3506 (c)(4)), the Commission previously sought specific 
comment on how the Commission might ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.''
    In the Report and Order, we assessed the effects of mandatory 
electronic filing of all applications and other filings related to 
international services. Mandatory electronic filing will allow all 
applicants, including small entities, to make filings more rapidly and 
efficiently. The Report and Order also provides for a transition period 
that will allow all applicants and carriers to adjust to the new rules. 
Finally, the Report and Order permits an applicant to seek a waiver of 
the rules in the limited instances where electronic filing may be 
burdensome.
    All comments regarding the requests for approval of the information 
collection should be submitted to Judith B. Herman, Federal 
Communications Commission, Room 1-C804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to Judith-B.Herman@fcc.gov; 
phone 202-418-0214.

Ordering Clauses

    It is ordered that, pursuant to sections 1, 4(i)-4(j), 201-205, 
211, 214, 219-220, 303(r), 309 and 403 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i)-154(j), 201-205, 211, 214, 219-
220, 303(r), 309, 403, the policies, rules and requirements discussed 
herein are adopted and parts 1, 63, and 64 of the Commission's rules, 
47 CFR 1, 63, and 64 are amended.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration in accordance with section 603(a) of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
    It is further ordered that the policies, rules and requirements 
established in this decision shall take effect August 5, 2005 except 
for those policies, rules and requirements which contain information 
requirements that have not yet been approved by the Office of 
Management and Budget (OMB).

List of Subjects in 47 CFR Parts 1, 63, and 64

    Communications common carriers, Reporting and recordkeeping 
requirements, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission proposes to amend 47 CFR parts 1, 63, and 64 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, and 303(r).

0
2. Section 1.767 is amended by revising paragraphs (a) introductory 
text,

[[Page 38797]]

(a)(11)(iii), (g)(7), (g)(14), (j), and adding paragraph (n) to read as 
follows:


Sec.  1.767  Cable landing licenses.

    (a) Applications for cable landing licenses under 47 U.S.C. 34-39 
and Executive Order No. 10530, dated May 10, 1954, should be filed in 
accordance with the provisions of that Executive Order. These 
applications should contain:
* * * * *
    (11) * * *
    (iii) An assignee or transferee must notify the Commission no later 
than thirty (30) days after either consummation of the assignment or 
transfer or a decision not to consummate the assignment or transfer. 
The notification shall identify the file numbers under which the 
initial license and the authorization of the assignment or transfer 
were granted.
* * * * *
    (g) * * *
    (7) A pro forma assignee or person or company that is the subject 
of a pro forma transfer of control of a cable landing license is not 
required to seek prior approval for the pro forma transaction. A pro 
forma assignee or person or company that is the subject of a pro forma 
transfer of control must notify the Commission no later than thirty 
(30) days after the assignment or transfer of control is consummated. 
The notification must certify that the assignment or transfer of 
control was pro forma, as defined in Sec.  63.24 of this chapter, and, 
together with all previous pro forma transactions, does not result in a 
change of the licensee's ultimate control. The licensee may file a 
single notification for an assignment or transfer of control of 
multiple licenses issued in the name of the licensee if each license is 
identified by the file number under which it was granted;
* * * * *
    (14) The licensee must notify the Commission within thirty (30) 
days of the date the cable is placed into service. The cable landing 
license shall expire twenty-five (25) years from the in-service date, 
unless renewed or extended upon proper application. Upon expiration, 
all rights granted under the license shall be terminated.
* * * * *
    (j) Applications for streamlining. Each applicant seeking to use 
the streamlined grant procedure specified in paragraph (i) of this 
section shall request streamlined processing in its application. 
Applications for streamlined processing shall include the information 
and certifications required by paragraph (k) of this section. On the 
date of filing with the Commission, the applicant shall also send a 
complete copy of the application, or any major amendments or other 
material filings regarding the application, to: U.S. Coordinator, EB/
CIP, U.S. Department of State, 2201 C Street, NW., Washington, DC 
20520-5818; Office of Chief Counsel/NTIA, U.S. Department of Commerce, 
14th St. and Constitution Ave., NW., Washington, DC 20230; and Defense 
Information Systems Agency, Code RGC, 701 S. Courthouse Road, 
Arlington, Va. 22204, and shall certify such service on a service list 
attached to the application or other filing.
* * * * *
    (n) Subject to the availability of electronic forms, all 
applications and notifications described in this section must be filed 
electronically through the International Bureau Filing System (IBFS). A 
list of forms that are available for electronic filing can be found on 
the IBFS homepage. For information on electronic filing requirements, 
see part 1, Sec. Sec.  1.1000 through 1.10018 and the IBFS homepage at 
https://www.fcc.gov/ibfs. See also Sec. Sec.  63.20 and 63.53 of this 
chapter.
* * * * *

0
3. Section 1.768 is amended by revising paragraphs (h) and (i) and 
adding a new paragraph (j) to read as follows:


Sec.  1.768  Notification by and prior approval for submarine cable 
landing licensees that are or propose to become affiliated with a 
foreign carrier.

* * * * *
    (h) All licensees are responsible for the continuing accuracy of 
information provided pursuant to this section for a period of forty-
five (45) days after filing. During this period if the information 
furnished is no longer accurate, the licensee shall as promptly as 
possible, and in any event within ten (10) days, unless good cause is 
shown, file with the Commission a corrected notification referencing 
the FCC file numbers under which the original notification was 
provided.
    (i) A licensee that files a prior notification pursuant to 
paragraph (a) of this section may request confidential treatment of its 
filing, pursuant to Sec.  0.459 of this chapter, for the first twenty 
(20) days after filing.
    (j) Subject to the availability of electronic forms, all 
notifications described in this section must be filed electronically 
through the International Bureau Filing System (IBFS). A list of forms 
that are available for electronic filing can be found on the IBFS 
homepage. For information on electronic filing requirements, see part 
1, Sec. Sec.  1.1000 through 1.10018 and the IBFS homepage at https://
www.fcc.gov/ibfs. See also Sec. Sec.  63.20 and 63.53.
* * * * *

0
4. Section 1.10006 is revised to read as follows:


Sec.  1.10006  Is electronic filing mandatory?

    Electronic filing is mandatory for all applications for 
international and satellite services for which an International Bureau 
Filing System (IBFS) form is available. Applications for which an 
electronic form is not available must be filed by paper until new forms 
are introduced. See Sec. Sec.  63.20 and 63.53. As each new IBFS form 
becomes available for electronic filing, the Commission will issue a 
public notice announcing the availability of the new form and the 
effective date of mandatory filing for this particular type of filing. 
As each new form becomes effective, manual filings will not be accepted 
by the Commission and the filings will be returned to the applicant 
without processing. Mandatory electronic filing requirements for 
applications for international and satellite services are set forth in 
parts 1, 25, 63, and 64 of this chapter. A list of forms that are 
available for electronic filing can be found on the IBFS homepage. For 
information on electronic filing requirements, see part 1, Sec. Sec.  
1.1000 through 1.10018 and the IBFS homepage at https://www.fcc.gov/
ibfs.
0
5. Section 1.10007 is amended by removing paragraph (a), redesignating 
paragraphs (b) through (d) as paragraphs (a) through paragraph (c), and 
by revising newly resdesignated paragraph (a) to read as follows:


Sec.  1.10007  What applications must be filed electronically?

    (a) For a complete list of applications or notifications that must 
be filed electronically, see the IBFS Web site at https://www.fcc.gov/
ibfs.
* * * * *

PART 63--EXTENSION OF LINES, NEW LINES AND DISCONTINUANCE, 
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND 
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS

0
6. The authority citation for part 63 continues to read as follows:

    Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218, 
403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless 
otherwise noted.

[[Page 38798]]


0
6a. Section 63.11 is amended by removing paragraph (g), redesignating 
paragraphs (h) through (j) as paragraphs (g) through (i) and by 
revising newly redesignated paragraphs (h) through (i) and by adding 
new paragraph (j) to read as follows:


Sec.  63.11  Notification by and prior approval for U.S. international 
carriers that are or propose to become affiliated with a foreign 
carrier.

* * * * *
    (h) All authorized carriers are responsible for the continuing 
accuracy of information provided pursuant to this section for a period 
of forty-five (45) days after filing. During this period if the 
information furnished is no longer accurate, the authorized carrier 
shall as promptly as possible, and in any event within ten (10) days, 
unless good cause is shown, file with the Commission a corrected 
notification referencing the FCC file numbers under which the original 
notification was provided, except that the carrier shall immediately 
inform the Commission, if at any time, not limited to the forty-five 
(45) days, the representations in the ``special concessions'' 
certification provided under paragraph (e)(6) of this section or Sec.  
63.18(n) are no longer true. See Sec.  63.18(n).
    (i) A carrier that files a prior notification pursuant to paragraph 
(a) of this section may request confidential treatment of its filing, 
pursuant to Sec.  0.459 of this chapter, for the first twenty (20) days 
after filing.
    (j) Subject to the availability of electronic forms, notifications 
described in this section must be filed electronically through the 
International Bureau Filing System (IBFS). A list of forms that are 
available for electronic filing can be found on the IBFS homepage. For 
information on electronic filing requirements, see part 1, Sec. Sec.  
1.1000 through 1.10018 of this chapter and the IBFS homepage at http: /
/www.fcc.gov/ibfs. See also Sec. Sec.  63.20 and 63.53.

0
7. Section 63.18 is amended by revising the introductory text and 
adding paragraph (q) to read as follows:


Sec.  63.18  Contents of applications for international common 
carriers.

    Except as otherwise provided in this part, any party seeking 
authority pursuant to Section 214 of the Communications Act of 1934, as 
amended, to construct a new line, or acquire or operate any line, or 
engage in transmission over or by means of such additional line for the 
provision of common carrier communications services between the United 
States, its territories or possessions, and a foreign point shall 
request such authority by formal application. The application shall 
include information demonstrating how the grant of the application will 
serve the public interest, convenience, and necessity. Such 
demonstration shall consist of the following information, as 
applicable:
* * * * *
    (q) Subject to the availability of electronic forms, all 
applications described in this section must be filed electronically 
through the International Bureau Filing System (IBFS). A list of forms 
that are available for electronic filing can be found on the IBFS 
homepage. For information on electronic filing requirements, see part 
1, Sec. Sec.  1.1000 through 1.10018 of this chapter and the IBFS 
homepage at http: //www.fcc.gov/ibfs. See also Sec. Sec.  63.20 and 
63.53.
0
8. Section 63.19 is amended by adding paragraph (d) to read as follows:


Sec.  63.19  Special procedures for discontinuances of international 
services.

* * * * *
    (d) Subject to the availability of electronic forms, all filings 
described in this section must be filed electronically through the 
International Bureau Filing System (IBFS). A list of forms that are 
available for electronic filing can be found on the IBFS homepage. For 
information on electronic filing requirements, see part 1, Sec. Sec.  
1.1000 through 1.10018 of this chapter and the IBFS homepage at https://
www.fcc.gov/ibfs. See also Sec. Sec.  63.20 and 63.53.

0
9. Section 63.20 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  63.20  Electronic filing, copies required; fees; and filing 
periods for international service providers.

    (a) Subject to the availability of electronic forms, all filings 
described in this section must be filed electronically through the 
International Bureau Filing System (IBFS). A list of forms that are 
available for electronic filing can be found on the IBFS homepage. For 
information on electronic filing requirements, see part 1, Sec. Sec.  
1.1000 through 1.10018 of this chapter and the IBFS homepage at https://
www.fcc.gov/ibfs. Each application shall be accompanied by the fee 
prescribed in subpart G of part 1 of this chapter. For applications 
filed electronically it is not necessary to send the original or any 
copies with the fee payment. For applications and other filings that 
are not submitted electronically, an original and five (5) copies of 
the submission must be filed with the Commission. Upon request by the 
Commission, additional copies shall be furnished.
* * * * *

0
10. Section 63.21 is amended by revising paragraphs (a), (h), (i) and 
adding paragraph (j) to read as follows:


Sec.  63.21  Conditions applicable to all international Section 214 
authorizations.

* * * * *
    (a) Each carrier is responsible for the continuing accuracy of the 
certifications made in its application. Whenever the substance of any 
such certification is no longer accurate, the carrier shall as promptly 
as possible and, in any event, within thirty (30) days, file with the 
Commission a corrected certification referencing the FCC file number 
under which the original certification was provided. The information 
may be used by the Commission to determine whether a change in 
regulatory status may be warranted under Sec.  63.10. See also Sec.  
63.11.
* * * * *
    (h) Subject to the requirement of Sec.  63.10 that a carrier 
regulated as dominant along a route must provide service as an entity 
that is separate from its foreign carrier affiliate, and subject to any 
other structural-separation requirement in Commission regulations, an 
authorized carrier may provide service through any wholly owned direct 
or indirect subsidiaries. The carrier must, within thirty (30) days 
after the subsidiary begins providing service, file with the Commission 
a notification referencing the authorized carrier's name and the FCC 
file numbers under which the carrier's authorizations were granted and 
identifying the subsidiary's name and place of legal organization. This 
provision shall not be construed to authorize the provision of service 
by any entity barred by statute or regulation from itself holding an 
authorization or providing service.
    (i) An authorized carrier, or a subsidiary operating pursuant to 
paragraph (h) of this section, that changes its name (including the 
name under which it is doing business) must notify the Commission 
within thirty (30) days of the name change. Such notification shall 
reference the FCC file numbers under which the carrier's authorizations 
were granted.
    (j) Subject to the availability of electronic forms, all 
notifications and other filings described in this section must be filed 
electronically through the International Bureau Filing System (IBFS). A 
list of forms that are available for electronic filing can be found on 
the IBFS homepage. For information on electronic filing requirements, 
see part

[[Page 38799]]

1, Sec. Sec.  1.1000 through 1.10018 of this chapter and the IBFS 
homepage at http: //www.fcc.gov/ibfs. See also Sec. Sec.  63.20 and 
63.53.

0
11. Section 63.24 is amended by revising paragraphs (e)(4), (f)(2), and 
(f)(3) and adding paragraph (h) to read as follows:


Sec.  63.24  Assignments and transfers of control.

* * * * *
    (e) * * *
    (4) An assignee or transferee must notify the Commission no later 
than thirty (30) days after either consummation of the proposed 
assignment or transfer of control, or a decision not to consummate the 
proposed assignment or transfer of control. The notification shall 
identify the file numbers under which the initial authorization and the 
authorization of the assignment or transfer of control were granted.
    (f) * * *
    (2) A pro forma assignee or a carrier that is subject to a pro 
forma transfer of control must file a notification with the Commission 
no later than thirty (30) days after the assignment or transfer is 
completed. The notification must contain the following:
* * * * *
    (3) A single notification may be filed for an assignment or 
transfer of control of more than one authorization if each 
authorization is identified by the file number under which it was 
granted.
* * * * *
    (h) Subject to the availability of electronic forms, all 
applications and notifications described in this section must be filed 
electronically through the International Bureau Filing System (IBFS). A 
list of forms that are available for electronic filing can be found on 
the IBFS homepage. For information on electronic filing requirements, 
see part 1, Sec. Sec.  1.1000 through 1.10018 of this chapter and the 
IBFS homepage at http: //www.fcc.gov/ibfs. See also Sec. Sec.  63.20 
and 63.53.

0
12. Section 63.25 is amended by revising paragraphs (b), (c) 
introductory text, (d)(2) and adding paragraph (e) to read as follows:


Sec.  63.25  Special provisions relating to temporary or emergency 
service by international carriers.

* * * * *
    (b) Applicants seeking immediate authorization to provide temporary 
service or emergency service must file their request with the 
Commission. Requests must set forth why such immediate authority is 
required; the nature of the emergency; the type of facilities proposed 
to be used; the route kilometers thereof; the terminal communities to 
be served, and airline kilometers between such communities; how these 
points are currently being served by the applicant or other carriers; 
the need for the proposed service; the cost involved, including any 
rentals, the date on which the service is to begin, and where known, 
the date or approximate date on which the service to is terminate.
    (c) Without regard to the other requirements of this part, and by 
application setting forth the need therefore, any carrier may request 
continuing authority, subject to termination by the Commission at any 
time upon ten (10) days' notice to the carrier, to provide temporary or 
emergency service by the construction or installation of facilities 
where the estimated construction, installation, and acquisition costs 
do not exceed $35,000 or an annual rental of not more than $7,000 
provided that such project does not involve a major action under the 
Commission's environmental rules. (See subpart I of part 1 of this 
chapter.) Any carrier to which continuing authority has been granted 
under this paragraph shall, not later than the 30th day following the 
end of each 6-month period covered by such authority, file with the 
Commission a statement making reference to this paragraph and setting 
forth, with respect to each project (construction, installation, lease, 
including any renewals thereof), which was commenced or, in the case of 
leases, entered into under such authority, and renewal or renewals 
thereof which were in continuous effect for a period of more than one 
week, the following information:
* * * * *
    (d) * * *
    (2) Such request shall make reference to this paragraph and set 
forth the points between which applicant desires to operate facilities 
of other carriers and the nature of the traffic to be handled.
* * * * *
    (e) Subject to the availability of electronic forms, all 
applications and notifications described in this section must be filed 
electronically through the International Bureau Filing System (IBFS). A 
list of forms that are available for electronic filing can be found on 
the IBFS homepage. For information on electronic filing requirements, 
see part 1, Sec. Sec.  1.1000 through 1.10018 of this chapter and the 
IBFS homepage at http: //www.fcc.gov/ibfs. See also Sec. Sec.  63.20 
and 63.53.

0
13. Section 63.51 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.51  Additional Information.

* * * * *
    (c) Any additional information which the Commission may require 
must be submitted in the same manner as was the original filing. For 
information on filing requirements, see part 1, Sec. Sec.  1.1000 
through 1.10018 of this chapter and the IBFS homepage at https://
www.fcc.gov/ibfs, and Sec.  63.20.
0
14. Section 63.53 is amended by revising paragraphs (a)(1), (a)(2) and 
paragraph (b) to read as follows:


Sec.  63.53  Form.

    (a)(1) Applications for international service under section 214 of 
the Communications Act must be filed electronically with the 
Commission. For applications filed electronically it is not necessary 
to send the original or any copies with the fee payment. Subject to the 
availability of electronic forms, all applications and other filings 
described in this section must be filed electronically through the 
International Bureau Filing System (IBFS). A list of forms that are 
available for electronic filing can be found on the IBFS homepage. For 
information on electronic filing requirements, see part 1, Sec. Sec.  
1.1000 through 1.10018 of this chapter and the IBFS homepage at http: /
/www.fcc.gov/ibfs. See also Sec. Sec.  63.20.
    (2) Applications for international service under section 214 of the 
Communications Act that are not filed through IBFS shall be submitted 
on paper not more than 21.6 cm (8.5 in) wide and not more than 35.6 cm 
(14 in) long with a left-hand margin of 4 cm (1.5 in). This requirement 
shall not apply to original documents, or admissible copies thereof, 
offered as exhibits or to specially prepared exhibits. The impression 
shall be on one side of the paper only and shall be double-spaced, 
except that long quotations shall be single-spaced and indented. All 
papers, except charts and maps, shall be typewritten or prepared by 
mechanical processing methods, other than letter press, or printed. The 
foregoing shall not apply to official publications. All copies must be 
clearly legible.
    (b) Applications for domestic authorizations under section 214 of 
the Communications Act shall be submitted on paper not more than 21.6 
cm (8.5 in) wide and not more than 35.6 cm (14 in) long with a left-
hand margin of 4 cm (1.5 in). This requirement shall not apply to 
original documents, or admissible copies thereof, offered as exhibits 
or to specially prepared exhibits. The impression shall be on one side 
of the paper only and shall be double-spaced, except that long

[[Page 38800]]

quotations shall be single-spaced and indented. All papers, except 
charts and maps, shall be typewritten or prepared by mechanical 
processing methods, other than letter press, or printed. The foregoing 
shall not apply to official publications. All copies must be clearly 
legible.
* * * * *

0
15. Section 63.701 is amended by revising the introductory text and 
adding paragraph (j) to read as follows:


Sec.  63.701  Contents of Application.

    Except as otherwise provided in this part, any party requesting 
designation as a recognized operating agency within the meaning of the 
International Telecommunication Convention shall file a request for 
such designation with the Commission. A request for designation as a 
recognized operating agency within the meaning of the International 
Telecommunication Convention shall include a statement of the nature of 
the services to be provided and a statement that the party is aware 
that it is obligated under Article 6 of the ITU Constitution to obey 
the mandatory provisions thereof, and all regulations promulgated 
thereunder, and a pledge that it will engage in no conduct or 
operations that contravene such mandatory provisions and that it will 
otherwise obey the Convention and regulations in all respects. The 
party must also include a statement that it is aware that failure to 
comply will result in an order from the Federal Communications 
Commission to cease and desist from future violations of an ITU 
regulation and may result in revocation of its recognized operating 
agency status by the United States Department of State. Such statement 
must include the following information where applicable:
* * * * *
    (j) Subject to the availability of electronic forms, all filings 
described in this section must be filed electronically through the 
International Bureau Filing System (IBFS). A list of forms that are 
available for electronic filing can be found on the IBFS homepage. For 
information on electronic filing requirements, see part 1, Sec. Sec.  
1.1000 through 1.10018 of this chapter and the IBFS homepage at https://
www.fcc.gov/ibfs. See also Sec. Sec.  63.20 and 63.53.

PART 64--MISCLLANEOUS RULES RELATING TO COMMON CARRIERS

0
16. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), 
Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 222, 225, 226, 228, and 254(k) unless otherwise noted.

0
16a. Section 64.1001 is amended by revising paragraph (a) and adding 
paragraph (f) to read as follows:


Sec.  64.1001  Requests to modify international settlement 
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.
* * * * *
    (f) Subject to the availability of electronic forms, all 
modifications and related submissions described in this section must be 
filed electronically through the International Bureau Filing System 
(IBFS). A list of forms that are available for electronic filing can be 
found on the IBFS homepage. For information on electronic filing 
requirements, see part 1, Sec. Sec.  1.1000 through 1.10018 of this 
chapter and the IBFS homepage at https://www.fcc.gov/ibfs. See also 
Sec. Sec.  63.20 and 63.53.

0
17. Section 64.1002 is amended by revising paragraph (c) and adding 
paragraph (e) to read as follows:


Sec.  64.1002  International settlements policy.

* * * * *
    (c) A carrier that seeks to add a U.S. international route to the 
list of routes that are exempt from the international settlements 
policy must make its request to the International Bureau, accompanied 
by a showing that a U.S. carrier has entered into a benchmark-compliant 
settlement rate agreement with a foreign carrier that possesses market 
power in the country at the foreign end of the U.S. international route 
that is the subject of the request. The required showing shall consist 
of an effective accounting rate modification, filed pursuant to Sec.  
64.1001, that includes a settlement rate that is at or below the 
Commission's benchmark settlement rate adopted for that country in IB 
Docket No. 96-261, Report and Order, 12 FCC Rcd 19,806, 62 FR 45758, 
Aug. 29, 1997, available on the International Bureau's World Wide Web 
site at https://www.fcc.gov/ib.
* * * * *
    (e) Subject to the availability of electronic forms, all filings 
described in this section must be filed electronically through the 
International Bureau Filing System (IBFS). A list of forms that are 
available for electronic filing can be found on the IBFS homepage. For 
information on electronic filing requirements, see part 1, Sec. Sec.  
1.1000 through 1.10018 of this chapter and the IBFS homepage at https://
www.fcc.gov/ibfs. See also Sec. Sec.  63.20 and 63.53.
* * * * *

[FR Doc. 05-12937 Filed 7-5-05; 8:45 am]
BILLING CODE 6712-01-P