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Before the FEDERAL COMMUNICATIONS COMMISSION FCC 95-286 Washington, D.C. 20554 In the Matter of ) ) Streamlining the International ) IB Docket No. 95-118 Section 214 Authorization Process and ) Tariff Requirements ) NOTICE OF PROPOSED RULEMAKING Adopted: July 13, 1995 Released: July 17, 1995 Comment Date: August 23, 1995 Reply Comment Date: September 7, 1995 By the Commission: TABLE OF CONTENTS Paragraph Nos. I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 2 II. BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 5 III. LEGAL AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 7 IV. STREAMLINING SECTION 214 AUTHORIZATIONS . . . . . . . . . . . . . . . . 8 - 48 1. Facilities-based carriers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 17 2. Resellers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 19 3. Resale of private lines for switched services . . . . . . . . . . . . . . . . . . . 20 - 22 4. Private satellite and cable systems . . . . . . . . . . . . . . . . . . . . . . . . . . 23 - 26 5. Conveyance of cable capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 - 30 6. Discontinuances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 - 36 7. Cable landing license applications. . . . . . . . . . . . . . . . . . . . . . . . . . 37 - 39 8. Contents of international Section 214 applications. . . . . . . . . . . . . . . . . 40 - 42 9. Conditions of international Section 214 authorizations . . . . . . . . . . . . . . 43 - 44 10. Petitions to deny. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 - 47 V. FORM OF SECTION 214 APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . 48 - 50 VI. COMPTEL PETITION FOR RULEMAKING. . . . . . . . . . . . . . . . . . . . . . 51 - 53 VII. FORBEARANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 VIII. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 - 56 IX. ORDERING CLAUSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 - 59 I. INTRODUCTION 1. With this Notice we propose to eliminate unnecessary regulatory burdens on international common carriers. The dramatic growth in international competition means that, in some areas, regulatory oversight can be reduced. In making the proposals set out in this Notice, we recognize that government interference with market forces through unnecessary regulation is costly. Such costs include the actual out-of-pocket costs incurred by industry in complying with various regulatory requirements as well as by government in administering these regulatory schemes. In addition, because regulation can interfere with market forces, it may also have an adverse impact on economic efficiency and consumer welfare. Accordingly, the proposals in this Notice will enable international carriers to respond to the demands of the market with minimum regulatory interference, saving time and money both for industry and government. 2. Among our proposals, we recommend: (1) making a general public interest determination affecting a class of international carriers instead of individual applicants (i.e., issuing global international Section 214 authorizations to facilities-based carriers for the provision of international services); (2) making essential information readily available to all carriers and users; (3) reducing paperwork obligations; and (4) streamlining our tariff requirements on international nondominant carriers. Many proposals contained in this Notice were developed from recommendations made by the public and by industry representatives at roundtable discussions sponsored by the International Bureau. In keeping with the purpose of the Commission's recent consolidation of international activities in the International Bureau, these proposals create significant processing and operational efficiencies. II. BACKGROUND 3. We created the International Bureau to consolidate the Commission's international policies and activities, and create a more effective organization to address international communications issues. Previously, Commission international and satellite functions such as policy development, facility and service licensing, international spectrum management, negotiation of agreements with other countries and other matters were dispersed among six different bureaus and offices within the agency. Congress and industry made it clear that improvements needed to be made in international policy development and representation of U.S. interests overseas in view of the globalization of communications. Moreover, in a global market, it was clear that the United States could not afford a licensing process that hinders the competitiveness of U.S. industry. The International Bureau was created to respond to these concerns in a comprehensive manner. 4. Upon its creation, the International Bureau commenced a review of all of its operations in order to eliminate outdated regulations and needless burdens imposed on the public and industry. The month after its creation, the Bureau held its first roundtable discussion with industry to solicit ideas for procedural improvements, including changes to the Section 214 authorization process. The Bureau issued several public notices encouraging the public to write or call with additional ideas for improvement. In addition, the Bureau has discussed possible changes with the International Practice Committee of the Federal Communications Bar Association. As a result of these meetings and public notices, the Bureau received many excellent suggestions for improvements, some of which the Bureau was able to implement quickly without a rule change. Other areas of improvement, however, require changes to our rules, which lead us to institute this rulemaking. This proceeding is an important step to streamline Section 214 and related regulatory procedures to make U.S. industry more competitive and is the result of focusing the attention of a consolidated organization on issues of international competition. 5. We are mindful of our statutory obligations under the Communications Act to guard against abuses of monopoly power where effective competition does not yet exist. We meet these obligations through our Section 214 authorization process and apply dominant carrier and other safeguards where circumstances warrant. In addition, our proposals to eliminate many filing and prior authorization requirements should be read in conjunction with the Report and Order, Rules for the Filing of International Circuit Status Reports ("Circuit Status Report"), adopted concurrently with this Notice. Pursuant to the rules adopted in the Circuit Status Report proceeding, the Commission will continue to collect and make public information from carriers identifying the countries that international carriers actually are serving through circuit status reports. This information aids us in our efforts to foster a more competitive international telecommunications marketplace. III. LEGAL AUTHORITY 6. Section 214(a) provides that no carrier is to construct, extend, acquire, operate or engage in transmission over a line unless it first obtains from the Commission a certificate that the present or future public convenience and necessity is advanced by this activity. The Supreme Court has determined that the Commission has considerable discretion in deciding how to make its Section 214 public interest finding. Section 214(a) imposes no detailed procedural requirements. It does not restrict the Commission in the implementation of its regulatory program other than by requiring that the Commission apply the public convenience and necessity test reasonably. Nor does the Act specify the amount or type of information to be obtained from applicants. 7. Thus, we have authority to set overall regulatory policies applicable to common carriers when we perceive this approach to be in the public interest. Previously, we have made public interest findings required by Section 214 in the form of broad policies of general applicability to all entrants within a given class instead of making individual public interest findings on individual applications. We have taken this approach when a competitive environment exists, as the development of competition reduces the degree of regulation necessary to protect the public interest. Where we find competition exists in the international telecommunications marketplace, we believe that the Act provides us sufficient flexibility to allow the procedures we propose in this Notice. IV. STREAMLINING SECTION 214 AUTHORIZATIONS 1. Facilities-based carriers 8. Sections 63.01 and 63.15(a) of the Commission's Rules require that applications for Section 214 authority to provide international common carrier services specify the geographic market (i.e., the country) to be served, the particular services to be provided, and the facilities to be used. Nondominant carriers authorized under Section 214 to initiate service to a particular country on a particular type of facility may provide service over any other authorized facilities without first obtaining additional Section 214 authority. They also may substitute cable for satellite circuits and satellite for cable circuits without additional authority. 9. Some applicants have filed individual Section 214 applications for every country to which they seek to provide service. Recently, other applicants have filed single Section 214 applications that identify numerous facilities and countries to which they seek to provide service. We have routinely granted both types of applications. It would be less costly and burdensome, for the Commission and industry, if applicants sought the broadest Section 214 authority available in terms of facilities, services and countries served in their initial Section 214 applications. 10. We propose to amend Section 63.01 and 63.15 of our rules to facilitate applications for broad authority subject to an exclusion list that we would publish identifying countries or facilities on which there are restrictions or for which we must make certain findings in authorizations. We believe the public interest would be served by encouraging facilities-based carriers to request global Section 214 authority to provide international services over authorized facilities to virtually all countries in the world. Clarifying the existing policy would enable applicants to expand their businesses without returning to the Commission for additional authorizations. Such applications submitted by nondominant facilities-based carriers without foreign affiliations as defined by our rules would be subject to the same streamlined procedures we use for resale applications. Namely, these applications would be placed on public notice as accepted for filing. Petitions to deny the grant of such applications must be filed within 21 days. If the application is unopposed, the application would be deemed granted 35 days after the date of the initial public notice that lists the application as accepted for filing, and the applicant may commence operations on the 36th day. We would issue a second public notice that would serve as applicants' Section 214 authorization. This public notice would list the applications granted, restrictions on providing service to particular countries, and restrictions on the use of certain facilities. The public notice would also state that if carriers become affiliated with a foreign carrier after authorization is granted they must notify the Commission of their affiliation. 11. This streamlined processing would not apply to applications that are contested or those the Commission believes require further review. In such a case, the Commission would inform the applicant in writing, by public notice or letter, that the application is not subject to streamlined processing. This notification would be done within 28 days (one week after the due date for petitions to deny) from the initial public notice date or in the initial public notice itself. 12. We would grant broad authority under this procedure to use half-circuits on all previously and subsequently authorized U.S. common carrier and noncommon carrier facilities and any necessary foreign connecting facilities. This includes both noncommon carrier and common carrier submarine cables landing in the United States, Intelsat satellites, U.S. separate system satellites and the U.S. earth stations licensed to communicate with the satellites. 13. For situations where the public interest requires us to halt or restrict either service to a particular country or use of specific facilities previously permitted under an existing broad authorization, we would amend our exclusion list and issue a public notice to that effect after due notice and opportunity for hearing. Moreover, if the President issues an Executive Order to prohibit or restrict service to a particular country, we would amend our exclusion list and issue a public notice to that effect without due notice and opportunity for hearing. Pursuant to this Executive Order, entities that have not yet commenced providing service could be prohibited automatically from commencing service to that country. 14. If applicants request either to use facilities not yet authorized or on the exclusion list, or to serve countries on the exclusion list, then the applicant would have to file a separate Section 214 application. For instance, we would still require that proposed owners of new common carrier submarine cable systems obtain separate Section 214 authority to construct and operate the cable. We do propose, however, to reduce the amount of information required in such applications. As for noncommon carrier cables solely authorized under the Cable Landing License Act, we propose to make a public interest determination at the time we issue the license that carriers with this broad Section 214 authority may use the cable. 15. We propose that carriers regulated as dominant on any route, or carriers that have a foreign affiliation as defined by our rules, may apply for global Section 214 authority on routes where they are nondominant. Such applications, however, would not be subject to streamlined processing. We believe these applications should be granted by written order because it may be appropriate to include safeguards to protect against discrimination or other anticompetitive conduct by the carriers involved. Such carriers would have to file separate applications for service to countries in which they are dominant or have a foreign affiliation. 16. We also propose to amend Section 63.05 of the Commission's Rules, which requires carriers to commence operation as specified in their application within a given time from the Section 214 authorization date. International carriers, unlike domestic carriers, need to obtain operating agreements from foreign carriers. Obtaining such agreements often takes time, which unduly delays carriers' initiation of service to particular countries. Such delay is often outside carriers' control. Consequently, we propose to amend Section 63.05 so that international common carriers need not commence operations within a specified time from the Section 214 authorization date. 17. Several facilities-based carriers have raised the question in Section 214 applications as to whether existing policy requires that they obtain specific Section 214 authority to serve a new destination country on an indirect, switched transit basis through an intermediate country for which the carrier has a facilities-based Section 214 certificate. We here clarify that Commission rules and policy permit carriers to provide service on an indirect, switched transit (or "and beyond") basis through intermediate countries which they are authorized to serve on a direct, facilities basis, regardless of whether they have Section 214 authority to serve the ultimate destination country. The broad Section 214 authority under the streamlined procedures that we propose in this proceeding would apply to both direct and indirect switched services and eliminate uncertainty about the need for nondominant carriers to obtain "and beyond" authority to provide indirect service. 2. Res ellers 18. Section 63.01(k)(6)(ii) requires applicants that propose to provide service through the resale of the international switched or private line services of another U.S. carrier to specify the names of the U.S. carriers and the specific FCC tariffs to be resold. Consequently, when resellers want to resell services of carriers that were not listed in their initial Section 214 applications, we have required such resellers to file new Section 214 applications to obtain the requisite authority. This rule is no longer needed because we receive sufficient information from carriers' traffic reports filed pursuant to Section 43.61 of the Commission's Rules. Traffic reports indicate to which countries resellers are actually providing service. Consequently, we no longer need to know to which countries carriers are merely authorized to provide service. 19. In order to facilitate resellers' ability to expand the range of carriers used as new facilities-based carriers emerge in the market, we propose to repeal this rule so that all current and future authorized resellers of international services be authorized to resell services of any authorized unaffiliated common carrier, pursuant to that carrier's tariff or contract. They would no longer need to specify the names of the unaffiliated U.S. carriers or the specific FCC tariffs to be resold in their initial Section 214 applications, nor would they need additional authorizations to add new unaffiliated underlying carriers. If an applicant desires to resell the services of an affiliated common carrier, however, it will need to file for separate Section 214 authority in order to give the Commission the opportunity to review whether additional safeguards are needed to guard against potential discrimination and anticompetititve harm. 3. Resale of private lines for switched services 20. The Commission encourages the resale of international private lines to provide switched services. This resale service fosters new entry into the international telecommunications market. Additionally, such resale exerts downward pressure on above- cost international accounting rates and foreign collection rates through the diversion of switched traffic to resold private lines. However, the Commission permits the resale of international private lines interconnected to the public switched network only to countries that allow such resale to occur in both directions, and requires each applicant seeking to resell international private lines in the United States to demonstrate that the destination foreign country affords resale opportunities equivalent to those available under U.S. law. Under current rules, parties with Section 214 authority to provide switched services through the resale of private lines to a particular country must obtain separate Section 214 authority to provide such service to additional countries that are later determined by the Commission to provide equivalent resale opportunities. 21. We propose that, once we make an initial equivalency determination for a particular country, all previously authorized private line resale carriers would be automatically allowed to resell interconnected private lines to that country and no additional filing would be necessary. Requiring authorized resale carriers to obtain additional authorization to serve subsequently designated equivalent countries places an unnecessary burden on carriers and on the Commission. 22. Thus, we propose that a carrier's initial Section 214 authorization to resell interconnected private lines to provide switched service would cover all countries then designated equivalent. Additionally, a carrier thus certified would no longer need to obtain further Section 214 authority to serve additional countries later found to be equivalent by the Commission. The new rule would have two exceptions: (1) where the carrier has an affiliation, within the meaning of Section 63.01(r)(4), with the U.S. facilities-based carrier whose international private line services it desires to resell (either directly or indirectly through the resale of another reseller's services); and (2) where the carrier seeks authority to resell international private line services to a country in which the foreign carrier with which it has an affiliation within the meaning of Section 63.01(r)(1) (i) and (ii) owns or controls telecommunications facilities. When these exceptions pertain, applications would be acted upon only by formal written order. Carriers shall not commence operation for which such authorization is sought except in accordance with such order. We also propose to apply this approach to existing Section 214 authorizations for resale of private lines to provide switched services, thus permitting them to provide resale of private lines to any future equivalent countries. We will continue to receive information identifying the countries that international private line resellers are serving through traffic reports filed under Section 43.61 of the Commission's Rules and circuit addition reports required under Section 63.15(b) of the Commission's Rules. 4. Private satellite and cable systems 23. Currently, we require all carriers to obtain Section 214 authority to acquire or lease capacity on noncommon carrier facilities, as well as to add circuits on these facilities. This requirement was initially set forth in our 1985 International Competitive Carrier Policies Report and Order where we stated that we would require international carriers to file Section 214 applications to acquire capacity on private cables or satellites. We explained that such authorizations were necessary for our long-range facilities planning responsibilities as well as to assure compliance with Commission conditions placed on private systems. 24. Since 1988, we have discontinued the North American, Pacific and Caribbean facilities planning processes and have no current need to initiate these activities. Furthermore, any necessary conditions on the private facilities are normally placed on the original authorization for construction and operation of those facilities. Consequently, enforcing such conditions does not require the filing of individual 214 facilities applications by carriers seeking to acquire capacity on private cables or satellites. 25. Moreover, since 1988, there is no shortage of common carrier facilities as competition in satellite and cable capacity has increased greatly on most routes. Since 1988, in addition to the INTELSAT system, ORION, PanAmSat and Columbia, which are three private satellite systems, are in operation. In the Atlantic Region, TAT 8 - TAT 11 have been in operation as common carrier cables and PTAT-1 has been in operation as a private cable. Furthermore, TAT-12 and TAT-13 are scheduled to be in operation in 1995 and 1996 respectively. In the Pacific Region, GPT, HAW-4/TPC-3, HAW-5, PACRIM East and West, and TPC-4 have been in operation as common carrier cables and NPC has been in operation as a private cable. Additionally, TPC-5 is scheduled to be in operation in December 1995 as a common carrier cable and ALOHA is scheduled to be in operation in December 1995 as a private cable. In the American and Caribbean Region, TAINO-CARIB, TCS-1, Americas-1, and Columbus-2 have been operation as common carrier cables and CANUS-1 is scheduled to be in operation in late 1995. 26. In light of the changes since 1988, we believe that the requirement to obtain Section 214 authorizations for additional circuits is no longer necessary and therefore we propose to repeal this rule. We propose that once a nondominant facilities-based carrier obtains an initial Section 214 authorization, which may be for global or specific capacity on a noncommon carrier system, it would not have to file additional Section 214 applications to add circuits on noncommon carrier facilities subject to the provisions of the exclusion list identifying facilities on which the Commission has restrictions. 5. Conveyance of cable capacity 27. Currently, we include a requirement in each Section 214 authorization to construct and operate a submarine cable facility that states "No carrier deemed a dominant carrier. . . shall dispose of any interest in [authorized capacity] in any way without prior authorization by the Commission." This policy was never codified as a rule. When dominant carriers submit applications to dispose of transmission capacity in submarine cables, such applications are placed on public notice for 30 days and, if unopposed, are routinely authorized. 28. We have required dominant carriers to obtain authority prior to disposing of transmission capacity in submarine cables in order to monitor the identity of nondominant carriers acquiring such transmission capacity, as nondominant carriers do not need Section 214 authorizations to convey or obtain additional capacity. This information also is used to monitor dominant carriers' activities and ability to influence and control the use of the submarine cables. Collecting such information and making the dominant carrier's activities public was appropriate when there was limited submarine cable transmission capacity. 29. In recent years, there has been a large increase in submarine cable transmission capacity to all major markets and many new competitors have entered these markets. This generally has reduced the need for the Commission to monitor and publish the transactions of dominant carriers on cable systems to major markets. Additionally, over the last several years, AT&T routinely has filed applications to convey transmission capacity in submarine cables and none has been opposed, commented on by a third party or denied. Moreover, we no longer regulate the prices at which carriers convey transmission capacity to other carriers, and circuit utilization information will continue to be available through carriers' circuit status reports filed pursuant to Section 63.15(b) of the Commission's Rules, and traffic reports filed under Section 43.61 of the Commission's Rules. Moreover, information on capacity conveyances will be available through carriers' filings required under Section 43.51 of the Commission's Rules. 30. Therefore, we propose to allow dominant carriers to convey transmission capacity in submarine cables to other carriers without prior Section 214 authority. This would reduce the time the purchasing carriers must wait before they can utilize the purchased capacity, and allow them faster entry into the market. Removing this requirement would reduce dominant carriers' burden to file Section 214 applications and would eliminate the time the Commission devotes to processing them. We thus believe that it is in the public interest to allow dominant carriers to convey transmission capacity in submarine cables to other carriers without obtaining prior Section 214 authorization. 6. Discontinuances 31. We propose to modify and clarify several sections of the Commission's Rules that prescribe procedures for carriers to follow when retiring, discontinuing, reducing or impairing service to a community. Section 214(a) of the Act requires carriers that discontinue, reduce, or impair service to a community to obtain from the Commission a certificate that neither the present nor future public convenience and necessity will be adversely affected. 32. In 1985, as part of our efforts to streamline our requirements on nondominant international carriers, we implemented Section 214 discontinuance requirements by a notification requirement when such carriers discontinue, reduce or impair service to a community instead of a discontinuance application. The Commission's Rules now require nondominant international carriers to provide notification of their decision to discontinue, reduce or impair service 120 days prior to the planned action. We originally chose 120 days based on carriers' explanation that finding substitute international private line service can take three months or more due to the need to co-ordinate service with a foreign carrier, a U.S. international carrier and a domestic carrier. 33. Since implementing these rules, we have received many inquiries from the industry as to whom nondominant international carriers must provide notification, and what the contents of the notification must be. Section 63.15(c) of the Commission's Rules states only that "[a]ny party certified to provide nondominant international communications services to a particular geographic market is required to give 120 days notice prior to discontinuing service to that geographic market." Additionally, carriers have expressed confusion as to whether carriers should follow the simple notification requirement in Section 63.15(c) or the more extensive notification requirement in Section 63.71 of the Commission's Rules. 34. To address this situation, we have two proposals. First, we propose to clarify that nondominant international carriers should follow the less burdensome of our notification rules: Section 63.15(c) and not Section 63.71. And second, we propose to modify Section 63.15(c) to require nondominant international carriers that seek to discontinue, reduce, or impair service to a community to: (a) notify their customers in writing at least 60 days in advance of their action, as opposed to the current 120 days; and (b) send a copy of this notification to the Commission. 35. We believe that these two changes would eliminate industry's confusion over our requirements for nondominant international carriers that seek to discontinue service to a community. We also believe that reducing the 120 day notification requirement to 60 days would aid carriers by enabling them to exit the market easier. At the same time, given that competition has increased both in the number of available facilities and the number of carriers providing private line service, we tentatively conclude that impairment of service is unlikely and customers easily can obtain alternative service within 60 days. 36. Additionally, we propose to modify Section 63.62(a) and Section 63.500 of the Commission's Rules to specifically state that prior Section 214 authorization is not required when carriers retire international facilities where service is not being discontinued, reduced or impaired. Carriers retire submarine cables when the cable's useful life is over or if new technology renders the cable obsolete. Customers' service is rarely impaired because carriers typically move their customers over to new facilities before retiring a cable. We propose to implement this Section 214 certification requirement through the same notification requirement that we propose for discontinuances by nondominant international carriers. Dominant international carriers that seek to retire facilities which will impair or reduce service to a community shall still file applications pursuant to Section 63.62(a) and Section 63.500 of the Commission's Rules. 7. Cable landing license applications 37. The Cable Landing License Act requires anyone who lands or operates a submarine cable directly or indirectly connecting the United States to a foreign country or connecting two U.S. points to obtain a written license issued by the President of the United States. Section 1.767 of the Commission's Rules sets forth requirements for submarine cable landing licenses and requires an applicant to specify: the name and address of the application; the corporate structure and citizenship of officers if a corporation; a description of the submarine cable including the type and number of channels and the capacity; the location of points on the shore of the United States and in foreign countries where cable will land (including a map); the proposed use, need and desirability of the cable; and such other information that may be necessary to enable the Commission to act on the application. 38. We propose to eliminate the requirement in Section 1.767 that applicants specify the proposed use, need and desirability of the cable. Because the Commission has discontinued the North American, Pacific and Caribbean facilities planning processes, the Commission does not need to know this information. 39. Additionally, we propose to allow applicants to provide a general geographic description of the landing points in their initial applications as long as the precise landing points are provided at least 90 days prior to construction. Knowledge of the precise landing points is important to verify whether the cable's presence would cause a significant environmental impact on the area as defined in Section 1.1305 of the Commission's Rules. The information is also needed so that the Secretary of the Army could move the submarine cable for purposes of national defense or for the maintenance or improvement of harbors for navigational purposes. However, companies must raise capital initially to perform extensive and expensive desk studies and location surveys, that can cost $100,000 or more, to determine where it is economically and physically viable to lay the submarine cable. Before companies make this initial investment and before they obtain financing for the project, they often need assurance from us that they can land the cable. Consequently, our proposal accommodates the financial realities of the companies that lay the cables. 8. Contents of international Section 214 applications 40. Currently, applicants requiring either domestic or international Section 214 authority apply under Section 63.01. To eliminate the filing of unnecessary information in Section 214 applications, we propose to create a new rule that would focus only on the contents of Section 214 applications for international carriers. This proposed rule is appended to this Notice. See Appendix A. Creating a new rule directed at international concerns would make it easier for international applicants because all requirements would be consolidated in one rule, which would reflect the proposed rules in this Notice. Accordingly, the current Section 63.01 would no longer be applicable to international carriers. 41. Also, we propose to reduce significantly the information that we require in considering Section 214 applications for construction and operation of common carrier submarine cable facilities. On balance, we believe that we need not review factors such as demand, cost, service quality, media and route diversity, restoration, intramodal and intermodal competition, technological innovations and international comity. This information does not appear necessary if U.S. international carriers investment in submarine cable facilities is viewed as a business decision taken at their own risk in a competitive market. It would appear that the information required in our rules for cable landing licenses in addition to minimal information in Part 63 would be sufficient for us to act upon Section 214 applications to construct and operate submarine cables. Therefore, we propose to exclude from our new rule the filing requirements found in Section 63.01(e) through (h), (k)(1) through (4), and (l) through (p). 42. We also propose to clarify in our new rule the definition of a "foreign carrier" currently found in Section 63.01(r)(1)(ii). There has been some confusion as to whether, for purposes of defining when a U.S. carrier is "affiliated" with a foreign carrier, the term "foreign carrier" includes an entity in a foreign country that solely provides domestic telecommunications services. The confusion has resulted from the current phrasing of the rule, which states that a foreign carrier is an entity engaged in the provision of "international telecommunications services offered to the public in that country within the meaning of the International Telecommunications Regulations, see Final Acts of the World Administrative Telegraph and Telephone Conference, Melbourne, 1988 (WATTC-88), Art. 1." When the term "international telecommunications services" is read in conjunction with Article 1 of WATTC-88, it becomes clearer that this includes carriers providing domestic telecommunications services in the foreign markets. In addition, in the order initially adopting this rule, we stated that we were concerned with foreign entities that provide services and facilities of the type regulated as common carriage in the United States, including intercity and local access services and facilities. To avoid further confusion, we propose to amend this rule to clarify that a foreign carrier is defined as any entity that is authorized within a foreign country to engage in the provision of telecommunications services, which can include domestic services. 9. Conditions of international Section 214 authorizations 43. Currently, we list in our Section 214 authorizations practically every condition with which an international carrier must comply as part of its authorization. We propose to create a new section of our rules that identifies the standard conditions that we normally place on carriers in their Section 214 authorizations. This section would include the following: (1) the prohibition on the resale of private lines for the provision of international switched services unless the country is deemed equivalent; (2) the requirement to file copies of operating agreements entered into with foreign correspondents and all other agreements specified under Section 43.51 of the Commission's rules; (3) the requirement to file applicable tariffs; (4) the requirement to file annual reports of overseas telecommunications traffic; and (5) the submission of circuit status reports. We would reference this rule in the public notice that serves as applicants' Section 214 authorization. 44. We believe that having these conditions listed in one section of the rules would make it easier for carriers to determine the terms of their authorizations and for the Commission to facilitate implementation of our proposed streamlined procedures. We also ask for comment on whether any of these conditions should be modified or eliminated. 10. Petitions to deny 45. Our rules state that, unless otherwise specified, the Commission shall not grant Section 214 applications before 30 days after the issuance of the public notice of the application's acceptance for filing. Thus, parties have 30 days to submit petitions to deny the application. We adopted the 30 day limit to track language from Title III of the Act, which places a 30 day public notice period on applications for radio licenses. 46. We propose to amend Section 63.52(b) of the Commission's Rules to reduce the comment period on applications that are subject to streamlined processing for facilities- based and resale applicants from 30 to 21 days. For non-streamlined applications, we propose that the comment period be reduced from 30 to 28 days. We propose that the reply period for all applications be 14 days. 47. We recognize that the change from 30 to 21 days for streamlined processing may impose a slight hardship on smaller entities that do not have the necessary resources to file comments in a shorter period of time. However, our experience leads us to conclude that this hardship will rarely, if ever, occur. Moreover, reducing the time parties have to submit comments would accelerate the application process and enable carriers to enter the market faster. Similarly, reducing the comment period from 30 to 28 days for non- streamlined applications would make due dates easier to calculate for both applicants and the Commission. The due dates would be the same day of the week that the application appeared on public notice, only 4 weeks later. V. FORM OF SECTION 214 APPLICATIONS 48. Section 63.53 of the Commission's Rules specifies the proper form for Section 214 applications. We propose that applicants have the option of filing their Section 214 applications on computer diskettes. 49. In the Circuit Status Report, we require: (1) the International Bureau to prepare a filing manual specifying reporting requirements for the annual circuit status reports; (2) that the manual include filing information for circuit status reports; (3) the reports to be filed on a common type and format of computer diskettes, which the Bureau would establish; and (4) the Bureau to hold meetings with industry to obtain input on collecting the necessary information contained in the circuit status report, consistent with the ways the carriers maintain such information for their own purposes. We propose to apply these procedures to the Section 214 application process to the extent that they apply. The two proceedings are interdependent and need to be coordinated properly. Lastly, we propose that information or documents in foreign languages that are submitted to the Commission in Section 214 proceedings be accompanied by a certified translation in English. 50. Having the application on computer diskettes would save us time inputting information that we include in Section 214 authorizations. Similarly, having English translations of relevant documents that are now submitted in foreign languages would save us and other parties to a proceeding the time and resources needed to translate the documents. We believe that these changes would help us process Section 214 applications faster. We also seek comment on whether the Bureau should create a form for the Section 214 application. VI. COMPTEL PETITION FOR RULEMAKING 51. The Competitive Telecommunications Association ("CompTel") in 1988 filed a petition for rulemaking looking toward the elimination of tariff and reporting requirements imposed on nondominant international carriers that provide service solely on a resale basis. CompTel asked that the Commission consider eliminating requirements that pure resellers file tariffs, submit semi-annual circuit addition and annual traffic data reports, provide 120-day advance notice of service discontinuances, and file annual financial reports. 52. Since the filing of CompTel's petition, the United States Supreme Court has invalidated the Commission's "forbearance" or "permissive detariffing" rules. We therefore cannot consider adopting CompTel's request that we forbear from applying our tariff filing requirements. We request comment, however, on whether we should further streamline our tariffing requirements for nondominant resale and facilities-based carriers by permitting them to file their international rates on not less than one day notice. Nondominant international carriers now file their tariffs on not less than 14 days notice. Nondominant carriers are presently permitted to file tariffs for domestic interstate services on not less than one day notice. We further invite commenters supporting a one-day notice period to address whether we should reduce the tariff filing burden on nondominant carriers by regulating their international tariff filings under streamlined tariff filing rules similar to those which govern the filing of nondominant interstate tariffs. Specifically, we solicit comment on whether nondominant international tariff filings should be subject to relaxed form and content requirements, which include the filing of tariffs on computer diskette, containing only the limited information required under Section 203(a) of the Communications Act, 47 U.S.C.  203(a), and a brief cover letter. 53. We do not propose at this time further changes to our rule that requires resellers to file annual traffic reports. Since the filing of CompTel's petition, we have substantially reduced the reporting burden on pure resellers. The Common Carrier Bureau recently solicited public comment on a new draft filing manual and no carrier suggested changes to the filing requirements for pure resellers. VII. FORBEARANCE 54. Finally, we request comment on what, if any, Section 214 authorization requirements we should forbear from applying if given forbearance authority by Congress. We note that pending before Congress in both the House and Senate are bills which, inter alia, would give the Commission authority to forbear from applying Section 214 to carriers. VIII. CONCLUSION 55. In this Notice, we have advanced a number of proposals that modify our Section 214 application process and tariff requirements to eliminate unnecessary and burdensome regulations. Our proposals would generally streamline our regulations on international carriers, reduce the processing time of Section 214 applications, and clarify our rules relating to international carriers. Our proposals would make entry to and exit from the market easier and faster for international carriers. We seek comment on all proposals contained in the Notice and invite additional suggestions on how the Commission may best reach its stated goals. 56. As required by Section 603 of the Regulatory Flexibility Act, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small entities of the proposals suggested in this document. The IRFA is set forth in Appendix A, Section II. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines as comments on the rest of the Notice (see Appendix A, Section III), but they must have a separate and distinct heading designating them as responses to the Initial Regulatory Flexibility Analysis. The Secretary shall send a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with paragraph 603(a) of the Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C. Section 601 et seq. (1980). IX. ORDERING CLAUSES 57. Accordingly, IT IS ORDERED that NOTICE IS HEREBY GIVEN of the proposed regulatory action described above, and that COMMENT IS SOUGHT on the proposals in this Notice and in Appendix A. 58. This action is taken pursuant to Sections 4 and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154, 303(r). 59. For further information on this Notice contact Brian O'Connor, Chief, Policy and Facilities Branch, International Bureau, (202) 739-0533, and Helene T. Schrier or Troy F. Tanner, Attorneys, Policy and Facilities Branch, International Bureau, (202) 418-1470. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX A - PROPOSED RULES  63.01 Contents of applications for domestic common carriers. Except as otherwise provided in this part, any party proposing to undertake any construction of a new line, extension of any line, acquisition, lease, or operation of any line or extension thereof or engage in transmission over or by means of such line, and such line does not extend to a foreign point, for which authority is required under the provisions of section 214 of the Communications Act of 1934, as amended, shall request such authority by formal application which shall be accompanied by a statement showing how the proposed construction, etc. will serve the public interest, convenience, and necessity. Such statement must include the following information as applicable: (a) The name and address of each applicant; (b) The Government, State, or Territory under the laws of which each corporate applicant is organized; (c) The name, title, and post office address of the officer to whom correspondence concerning the application is to be addressed; (d) A statement as to whether the applicant is a carrier subject to section 214 of the Act or will become such a carrier as a result of the proposed construction, acquisition, or operation; (e) A statement as to whether the facilities covered by the application will be used to extend communication service into territory at present not directly served by the applicant or to supplement existing facilities of the applicant, and the nature and classification of the communication services to be provided (e.g. telephone, telegraph, facsimile, data, private line, voice, television relay, etc.); (f) The points between which the proposed facilities are to be located; (g) A description of applicant's existing facilities between these points, showing specifically the total number of channels presently provided between major points on each principal route; (h) A description of the facilities for which authority is requested, including: (1) The number of channels of each type to be provided by such facilities; (2) The number, if any, of wires, conductors, and coaxial units of each type (not equipped for immediate operation) capable of providing additional channels of communication only by the construction of additional apparatus, equipment, or other facilities; (3) The types of classes of toll telephone or telegraph offices to be established; (i) Applicant's present and estimated future requirements, both for the route of the proposed facilities and for routes from which any rerouting to the proposed facilities is contemplated within the period of the estimate. Where 60 domestic circuits or more are to be derived from the proposed construction, acquisition, or lease, list the principal circuit groups currently operated, the number of circuits in each group, and the estimate number of circuits required in each group to meet the load demands for the ensuing one year, two year, or five year period, as may be appropriate in order to provide adequate justification for said increases, including current traffic load trends, as indicated by periodic traffic load studies. (j) A map or sketch showing: (1) Route of proposed project; (2) Type and ownership of structures (open wire, aerial cable, underground cable, carrier systems, etc.); (3) Facilities, if any, to be removed; (4) Cities, towns, and villages along routes indicated on map or sketch, with approximate population of each, and route kilometers between the principal points; (5) Location of important operating centers, and repeater or relay points; (6) State boundary lines through which the proposed facilities will extend; (7) Topographical features which may require special consideration or entail added cost; (k) One or more of the following statements, as pertinent: (1) If proposed facilities are to be constructed, the details thereof, including summary of cost estimates separately by Plant Accounts affected (in case of construction by or for two or more parties, the quantities of facilities of each kind acquired by each and the cost attributed thereto), quantities and cost of major materials; and amount of labor and cost thereof; (2) If proposed facilities are to be leased, the details thereof, including the name of the lessor, a summary of the terms of the lease arrangements (or a copy of the lease), the anticipated lease rental, setting up charges, added equipment costs, and each other added cost to the applicant; (3) If proposed facilities are to be purchased, the name of the vendor; a detailed description of all the properties involved including assets other than plant being acquired in connection with the same transaction; a complete description of the contractual arrangements relating to the sale or a copy of the contract; added equipment cost and each other added cost to the applicant; a statement of the original cost of, and the related reserve requirement for depreciation applicable to, the plant to be acquired (with a full explanation of the manner in which these amounts were determined) including, when appropriate, a separate statement of such amounts applicable to duplicate or other plant which will be retired by the vendee in the reconstruction of the acquired property or its consolidation with previously owned property; and a statement of the estimated annual savings in expenses expected to result from the proposed acquisition; (4) If facilities are to be acquired or operated other than by lease or purchase a detailed description of the facilities involved; the terms of the contract or other arrangement relating to such acquisition or operation; added equipment costs; and each other added cost to the applicant; (l) A summary of the factors showing the public need for the proposed facilities; (m) Economic justification for the proposed project including, where the application involves an extension into new territory at present not directly served by the applicant, estimated added revenues and costs and the basis therefor; (n) Description of the manner and means by which interstate services of a similar character are now being rendered by the applicant and others in the area to be served by the proposed facilities, including reasons why existing facilities are inadequate; (o) Proposed tariff charges and regulations for domestic applications; (p) A statement of the accounting proposed to be performed in connection with the project. If the facilities are to be acquired by purchase, such proposed accounting shall be presented in journal entry form (on an estimated basis if actual amounts are not available), together with a full explanation of the manner in which the respective amounts were determined. (q) A statement whether an authorization of the facilities is categorically excluded as defined by s 1.1306 of the Commission's rules. If answered affirmatively, an environmental assessment as described in s 1.1311 need not be filed with the application.  63.XX 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 acquire facilities 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 which shall be accompanied by a statement showing how grant of the application will serve the public interest, convenience, and necessity. Such statement shall consist of the following information as applicable. (a) The name, address, and telephone number of each applicant; (b) The Government, State, or Territory under the laws of which each corporate or partnership applicant is organized; (c) The name, title, post office address, and telephone number of the officer and any other contact point, such as legal counsel, to whom correspondence concerning the application is to be addressed; (d) A statement as to whether the applicant has previously received authority under Section 214 of the Act, and, if so, a general description of the categories of facilities and services authorized (i.e. authorized to provide international switched services on a facilities- basis) ; (e) One or more of the following statements, as pertinent: (1) If applying for authority to acquire interests in facilities previously authorized by the Commission in order to provide international basic switched, private line, data, television and business services to all points in the world, the applicant shall: (i) State that it is requesting Section 214 authority to operate as a facilities-based carrier pursuant to the terms and conditions of Section 63.XX(e)(1). (ii) Comply with the following terms and conditions: (A) Authority to provide services to the world under this part only applies to those countries for which the applicant qualifies for nondominant regulation as set forth in Section 63.10. If an applicant becomes dominant on a particular route after receiving authority under this rule, the terms and conditions of this rule as they apply to providing service on the dominant route will be superseded by the Commission's finding of dominance. An applicant must file separately under Section 63.XX(e)(5) to provide service on routes on which it is regulated as dominant. (B) The applicant may only provide service using half-circuits on appropriately licensed U.S. common and noncommon carrier facilities (either under Title III of the Act, or the Cable Landing License Act) or necessary overseas connecting facilities, provided these facilities do not appear on an exclusion list published by the Commission. (C) The applicant may provide service to any country not included on an exclusion list published by the Commission. (D) The applicant may provide international basic switched, private line, data, television and business services. (E) The authority granted under this paragraph shall be subject to all Commission rules and regulations and any conditions stated in the Commission's public notice or order that serves as the applicant's Section 214 certificate. See Section 63.12. (2) If applying for authority to resell the international services of authorized U.S. common carriers for the provision of international basic switched, private line, data, television and business services to all points in the world, the applicant shall: (i) State that it is requesting Section 214 authority to operate as a resale carrier pursuant to the terms and conditions of Section 63.XX(e)(2). (ii) Comply with the following the terms and conditions: (A) The applicant may resell the international services of any authorized unaffiliated common carrier, pursuant to that carrier's tariff or contract duly filed with this Commission, for the provision of international basic switched, private line, data, television and business services to all points in the world; (B) If the applicant is reselling private line services for the provision of international basic switched services the applicant may only resell such private lines to countries found by the Commission to provide equivalent resale opportunities. The Commission will provide public notice of its findings. (C) The authority granted under this paragraph shall be subject to all Commission rules and regulations and any conditions stated in the Commission's public notice or order that serves as the applicant's Section 214 certificate. See Section 63.12. (3) If applying for authority to resell private lines for the purpose of providing international basic switched services to countries not identified in the Commission's published list of equivalent countries, applicant shall demonstrate for each country to which it seeks to provide service that that country affords resale opportunities equivalent to those available under U.S. law. In this regard, applicant shall: (i) Include evidence demonstrating that equivalent resale opportunities exist between the United States and the subject country, including any relevant bilateral agreements between the administrations involved. Parties may address such issues as: (A) Licensing; (B) Tariffing; and (C) Other terms and conditions associated with the provision of service. (4) If applying for authority to acquire facilities through the transfer of control of a common carrier holding international Section 214 authorization, or through the assignment of another carrier's existing authorization, the applicant shall complete paragraph (a) through (d) of this section for both the transferor/assignor and the transferee/assignee. Paragraph (g) of this section is not applicable, and only the transferee/assignee needs to complete paragraph (i) and (j) of this section. At the beginning of the application, the applicant should also include a narrative of the means by which the transfer or assignment will take place. The Commission reserves the right to request additional information as to the particulars of the transaction to aid it in making its public interest determination. (5) If applying for authority to acquire facilities or to provide services not covered by Sections 63.XX(e)(1) through (4) of this rule, the applicant shall provide a description of the facilities and services for which it seeks authorization. Such description shall also include any additional information the Commission shall have previously specified in an order, public notice or other official action as necessary for authorization. Applicants for new submarine cable facilities also shall include a list of the proposed owners of the cable, their voting interests and ownership interests by segment in the cable. (f) Applicants may apply for any or all of the authority provided for in paragraph (e) of this section in the same application. However, the applicant may want to separate applications for those services not subject to streamlined processing under Section 63.12 of these rules. (g) Where the applicant is seeking facilities-based authority under paragraph (e)(5) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by Section 1.1306 of the Commission's rules. If answered affirmatively, an environmental assessment as described in Section 1.1311 need not be filed with the application. (h) A certification as to whether or not the applicant has an affiliation with a foreign carrier. (1) The certification shall state with specificity each foreign country in which the applicant has an affiliation with a foreign carrier. For purposes of this certification: (i) Affiliation is defined to include: A controlling interest by the applicant, or by any entity that directly or indirectly controls or is controlled by it, or that is under direct or indirect common control with it, in a foreign carrier or in any entity that directly or indirectly controls a foreign carrier; or a controlling interest in the applicant by a foreign carrier, or by any entity that directly or indirectly controls a foreign carrier. (ii) Foreign carrier is defined as any entity that is authorized within a foreign country to engage in the provision of international telecommunications services offered to the public in that country within the meaning of the International Telecommunication Regulations, see Final Acts of the World Administrative Telegraph and Telephone Conference, Melbourne, 1988 (WATTC-88), Art. 1, which includes entities authorized to engage in the provision of domestic telecommunications services if such carriers have the ability to terminate telecommunications services which originate outside of their country. (2) In support of the required certification, each applicant shall also provide the name, address, citizenship and principal businesses of its 10 percent or greater shareholders or other equity holders and identify any interlocking directorates. (3) Each applicant that certifies that it has an affiliation with a foreign carrier in a named foreign country shall additionally certify that the applicant has not agreed to accept special concessions directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows between the U.S. and any foreign country which the applicant may serve under the authority granted under this part and has not agreed to enter into such agreements in the future. (i) For purposes of this paragraph, and of Sections 63.11(a)(2)(iii), 63.13(a)(4), and 63.14, special concession is defined as any arrangement that affects traffic or revenue flows to or from the U.S. that is offered exclusively by a foreign carrier or administration to a particular U.S. international carrier and not also to similarly situated U.S. international carriers authorized to serve a particular route. (ii) The special concessions certification required by this paragraph and by Sections 63.11(a)(2)(iii) and 63.13(a)(4) shall be viewed as an ongoing representation to the Commission, and applicants/carriers shall immediately inform the Commission if at any time the representations in their certifications are no longer true. Failure to so inform the Commission will be deemed a material misrepresentation to the Commission. (4) Each applicant that proposes to acquire facilities through the resale of the international switched or private line services of another U.S. carrier shall additionally certify as to whether or not the applicant has an affiliation with the U.S. carrier(s) whose facilities-based service(s) the applicant proposes to resell (either directly or indirectly through the resale of another reseller's service). For purposes of this paragraph, affiliation is defined as in paragraph (r)(1)(i) of this section, except that the phrase "U.S. facilities-based international carrier" shall be substituted for the phrase "foreign carrier." (5) Each applicant that certifies under this section that it has an affiliation with a foreign carrier and that proposes to acquire facilities through the resale of the international private line services of another U.S. carrier shall additionally certify as to whether or not the affiliated foreign carrier owns or controls telecommunications facilities in the particular country(ies) to which the applicant proposes to provide service (i.e., the destination country(ies)). For purposes of this paragraph, telecommunications facilities are defined as the underlying telecommunications transport means, including intercity and local access facilities, used by a foreign carrier to provide international telecommunications services offered to the public. (6) Each applicant and carrier authorized to provide international communications service under this part is responsible for the continuing accuracy of the certifications required by paragraphs (r)(4) and (5) of this section. Whenever the substance of any such certification is no longer accurate, the applicant/carrier shall as promptly as possible and in any event within 30 days file with the Secretary in duplicate a corrected certification referencing the FCC File No. under which the original certification was provided. This information may be used by the Commission to determine whether a change in regulatory status may be warranted under Section 63.10. (7) Each applicant that certifies that it has an affiliation with a foreign carrier in a named foreign country and that desires to be regulated as nondominant for the provision of international communications service to that country may provide information in its application filed under this part to demonstrate that its affiliated foreign carrier does not have the ability to discriminate against unaffiliated U.S. international carriers through control of bottleneck services or facilities in the named foreign country. See Section 63.10, Regulatory Classification of U.S. International Carriers. (i) Such a demonstration should address the factors that relate to the scope or degree of the foreign affiliate's bottleneck control, such as: (A) The monopoly, oligopoly or duopoly status of the destination country; and (B) Whether the foreign affiliate has the potential to discriminate against unaffiliated U.S. international carriers through such means as preferential operating agreements, preferential routing of traffic, exclusive or more favorable transiting agreements, or preferential domestic access and interconnection arrangements. (ii) Such a demonstration may also address other factors the applicant deems relevant to its demonstration, such as the effectiveness of public regulation in the destination country. (i) A certification pursuant to Section 1.2001-1.2003 of the Commission's Rules that no party to the application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. See 21 U.S.C. Section 853a.  63.05 Commencement and completion of construction for domestic common carriers. No change except insert "domestic" in the title.  63.12 Streamlined processing of certain international facilities-based and resale applications. (a) Except as provided by paragraph (c) of this section, a complete application seeking authorization under Section 63.XX(e)(1) and (2) of these rules to acquire facilities to provide international services shall be granted by the Commission 35 days after the date of public notice listing the application as accepted for filing. (b) Issuance of public notice of the grant shall be deemed the issuance of Section 214 certification to the applicant, which may commence operation on the 36th day after the date of public notice listing the application as accepted for filing, but only in accordance with the operations proposed in its application and the rules, regulations, and policies of the Commission. (c) The streamlined processing procedures provided by paragraphs (a) and (b) of this section shall not apply where: (1) The applicant seeks authority under  63.XX(e)(i) for global Section 214 authority to operate as a facilities-based carrier and the applicant has an affiliation with a foreign carrier; or (2) The applicant has an affiliation within the meaning of  63.XX(h)(1) with the U.S. facilities-based carrier whose international switched or private line services the applicant seeks authority to resell (either directly or indirectly through the resale of another reseller's services); or (3) The applicant seeks authority under  63.XX(e)(2) to resell international private line services and a foreign carrier with which it has an affiliation within the meaning of  63.XX (h)(1) owns or controls telecommunications facilities in the country to which the applicant seeks authority to provide service (i.e., the destination country); or (4) The applicant seeks authority under  63.XX(e)(2) to resell international private line services to a country for which the Commission has not determined as of the date of public notice of the application that equivalent resale opportunities exist between the U.S. and the destination country; or (5) The application is formally opposed within the meaning of  1.1202(e) of this chapter; or (6) The Commission has informed the applicant in writing including by public notice, within 28 days after the date of the acceptance for filing public notice, that the application is not eligible for streamlined processing under this section. (d) Any complete application that is subject to paragraph (c) of this section will be acted upon only by formal written order, and operation for which such authorization is sought may not commence except in accordance with such order.  63.15 Special procedures for international service providers. (a) All parties shall file an application pursuant to  63.XX(e)(5) for certification to construct, acquire or operate lines in any new major common carrier facility project.  63.XX Special procedures for discontinuances of international services. [This rule will replace Section 63.15(c)]. (a) Any nondominant international carrier as this term is defined in  63.10 of this chapter that seeks to discontinue, reduce or impair service, including the retiring of international facilities, dismantling or removing of international trunk lines, shall be subject to the following procedures in lieu of those specified in  63.61 through 63.601: (1) The carrier shall notify all affected customers of the planned discontinuance, reduction or impairment at least 60 days prior to its planned action. Notice shall be in writing to each affected customer unless the Commission authorizes in advance, for good cause shown, another form of notice. (2) The carrier shall file with this Commission a copy of the notification on or after the date on which notice has been given to all affected customers. (b) Any dominant international carrier as this term is defined in  63.10 of this chapter that seeks to retire international facilities, dismantle or remove international trunk lines, and the services being provided through these facilities are not being discontinued, reduced or impaired, shall only be subject to the notification requirements of paragraph (a) of this section. If such carrier discontinues, reduces or impairs service to a community or retires facilities that impair or reduce service to a community, the dominant carrier shall file an application pursuant to Section 63.62 and 63.500 of the Commission's rules.  63.XX Copies required; fees; and filing periods for international service providers. [Create a new rule applicable to international carriers. (Section 63.52)]. (a) Unless otherwise specified the Commission shall be furnished with an original and 5 copies of applications filed for international facilities and services under Section 214 of the Communications Act of 1934, as amended. Provided, however, that where applications involve only the supplementation of existing international facilities, and the issuance of a certificate is not required, an original and 2 copies of the application shall be furnished. Upon request by the Commission additional copies of the application shall be furnished. Each application shall be accompanied by the fee prescribed in Subpart G of Part 1 of this chapter. (b) No application accepted for filing and subject to the provisions of  [63.xx], 63.02, 63.62 or 63.505 of the rules shall be granted by the Commission earlier than 21 days following issuance of public notice by the Commission of the acceptance for filing of such application or any major amendment unless said public notice specifies another time period. (c) No application accepted for filing and not subject to streamlined processing shall be granted by the Commission earlier than 28 days following issuance of public notice by the Commission of the acceptance for filing of such application or any major amendment unless said public notice specifies another time period. (d) Any interested party may file a petition to deny an application within the 21 day or other time period specified in paragraph (b) of this section. The petitioner shall serve a copy of such petition on the applicant no later than the date of filing thereof with the Commission. The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with the public interest, convenience and necessity. Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof. The applicant may file an opposition to any petition to deny, and the petitioners may file a reply to such opposition (see  1.45 of this chapter), and allegations of facts or denials thereof shall similarly be supported by affidavit. These responsive pleadings shall be served on the applicant or petitioners, as appropriate, and other parties to the proceeding.  63.53 Form. (a) Applications 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 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 submitted under Section 214 of the Communications Act for international services may be submitted on computer diskettes pursuant to a filing manual compiled by the International Bureau. The manual will specify the type and format of the computer diskettes and the reporting and procedural requirements for such applications. (c) Applications under Section 214 of the Communications Act or information submitted to the Commission in support of Section 214 applications for international services that are in a foreign language shall be accompanied by a certified translation in English.  63.62 Type of discontinuance, reduction, or impairment of telephone or telegraph service requiring formal application. Authority for the following types of discontinuance, reduction, or impairment of service shall be requested by formal application containing the information required by the Commission in the appropriate sections to this part, except as provided in paragraphs (c) and (e) of this section, or in emergency cases (as defined in  63.60(b)) as provided in  63.63: (a) The dismantling or removal of a trunk line (for contents of application see  63.500); for all domestic carriers and for dominant international carriers except as modified in  63.XX of this part; (b) The severance of physical connection or the termination or suspension of the interchange of traffic with another carrier (for contents of application, see  63.501); (c) [Reserved] (d) The closure of a public toll station where no other such toll station of the applicant in the community will continue service (for contents of application, see  63.504): Provided, however, That no application shall be required under this part with respect to the closure of a toll station located in a community where telephone toll service is otherwise available to the public through a telephone exchange connected with the toll lines of a carrier; (e) The closure of, or reduction of hours of service at, a public coast station (for contents of application, see  63.69) except that this paragraph shall not apply to the cases specified in  63.70 where the carrier elects to follow the procedure prescribed in that section; (f) Any other type of discontinuance, reduction or impairment of telephone service not specifically provided for by other provisions of this part (for contents of application, see  63.505); (g) An application may be filed requesting authority to make a type of reduction in service under specified standards and conditions in lieu of individual applications for each instance coming within the type of reduction in service proposed.  63.71 Special procedures for discontinuance, reduction or impairment of service by domestic non-dominant carriers. No change except for inserting the word "domestic" in the heading.  63.XX Conditions applicable to international Section 214 authorizations. International carriers authorized under Section 214 of the Communications Act must follow the following requirements and prohibitions: (1) Carriers may not resell private lines for the provision of international switched services unless the country is deemed equivalent. See  63.XX. (2) Carriers must file copies of operating agreements entered into with their foreign correspondents within 30 days of their execution, and shall otherwise comply with the filing requirements contained in Section 43.51 of the Commission's Rules. (3) Carriers must file tariffs pursuant to Section 203 of the Communications Act, 47 U.S.C. 203, and Part 61 of the Commissions Rules, 47 C.F.R.  61. (4) Carriers must file annual reports of overseas telecommunications traffic required by  43.61.  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 duplicate and in accordance with the provisions of that Executive Order. These applications should contain the name, address and telephone number(s) of the applicant; the corporate structure and citizenship of officers if a corporation; a description of the submarine cable, including the type and number of channels and the capacity thereof; a general geographic description of the landing points which will be followed by a specific description of the cable landing location on the shore of the United States and in foreign countries where the cable will land (including a map) no later than 90 days prior to construction; and any other information that may be necessary to enable the Commission to act. A separate application shall be filed with respect to each individual cable system for which a license is requested, or for which modification or amendment of a previous license is requested. (b) These applications are acted upon by the Commission after obtaining the approval of the Secretary of State and such assistance from any executive department or establishment of the Government as it may require. (c) Original files relating to submarine cable landing licenses and applications for licenses since June 30, 1934, are kept by the Commission. Such applications for licenses (including all documents and exhibits filed with and made a part thereof, with the exception of any maps showing the exact location of the submarine cable or cables to be licensed) and the licenses issued pursuant thereto, with the exception of such maps, shall, unless otherwise ordered by the Commission, be open to public inspection in the offices of the Commission in Washington, D.C. (d) Original files relating to licenses and applications for licenses for the landing operation of cables prior to June 30, 1934, were kept by the Department of State, and such files prior to 1930 have been transferred to the Executive and Foreign Affairs Branch of the General Records Office of the National Archives. Requests for inspection of these files should, however, be addressed to the Federal Communications Commission, Washington, D.C., 20554; and the Commission will obtain such files for a temporary period in order to permit inspection at the offices of the Commission.