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Rulemaking

Amendment of Parts 1 and 63 of the Commission's Rules

04-47

As part of the 2002 biennial regulatory review, the International Bureau released a staff report that set forth various recommendations for reviewing the rules regarding the provision of international telecommunications services.  In response to the 2002 IB Biennial Review Staff Report, in 2007, the Commission adopted a Report and Order making several changes to the international section 214 authorization process and the rules relating to the provision of U.S.-international telecommunications services.  Specifically, the Commission revised the procedures for the discontinuance of international services to reflect changes in the international telecommunications service market by reducing the international discontinuance notice period from 60 days to 30 days.  The Commission also amended the rules to allow U.S.-authorized resale carriers to resell the U.S.-inbound international services of either U.S. carriers or foreign carriers and thus clarified that U.S. Commercial Mobile Radio Service (CMRS) carriers do not need a separate international section 214 authorization to provide international roaming.  The Order also clarified the Commission’s rules regarding changes in de jure control of an international section 214 authorization holder and the treatment of asset acquisitions.The Commission did not make any changes the rule regarding the provision of services by a subsidiary of an international section 214 authorization holder.

In addition, the Order amended the Commission’s cable landing license application requirements to include information regarding an applicant’s compliance with the Coastal Zone Management Act of 1972 (CZMA).  The CZMA states that no federal agency may grant a license to conduct an activity affecting a coastal area until a state concurs or is presumed to concur with the applicant’s certification that a proposed activity is consistent with the state’s coastal management plan.  In 2010, the Commission adopted an Order on Reconsideration declining to rescind the rules(as requested by the petitioner), but amending them to clarify the applicable licensing requirements and to ensure that the Commission’s process for evaluating cable landing licenses complies with the CZMA review procedures established by the National Oceanic and Atmospheric Administration (NOAA).

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