NEWSReport No. DC 96-106 ACTION IN DOCKET CASE November 26, 1996 COMMISSION ALLOWS NEW FLEXIBILITY IN INTERNATIONAL ACCOUNTING RATES (CC DOCKET NO. 90-337, PHASE II) The FCC today took a critical step to promote competition in the international telecommunications market by adopting rules to permit flexibility in its accounting rate policies. The new rules permit U.S. carriers to enter into more economically efficient arrangements for terminating their international traffic where competitive conditions exist on the foreign end of an international route. These rules provide a roadmap for the transition from the inefficient, high-cost traditional accounting rate system to a competitive market for originating and terminating international traffic that is more closely patterned on the competitive market for domestic long distance services in the United States. The new rules should increase competitive options for U.S. carriers and result in lower prices and greater choices for U.S. consumers. The Commission's action will allow U.S. carriers to negotiate alternative international settlement payment arrangements that deviate from the requirements of the Commission's International Settlements Policy (ISP) with any foreign correspondent in a country that meets the effective competitive opportunities (ECO) test adopted in the Commission's Foreign Carrier Entry Order. Under these rules, for example, a single carrier could provide end-to- end service between the United States and a foreign market without using an accounting rate. Or a carrier could ask competing foreign carriers to bid for the right to terminate and distribute U.S. traffic in the local national market. In addition, alternative settlement payment arrangements may be considered between a U.S. carrier and a foreign correspondent from a country that does not satisfy the ECO test. In such cases, a U.S. carrier must demonstrate that deviation from the ISP will promote market-oriented pricing and competition, while precluding abuse of market power by the foreign correspondent. The Commission adopted the following competitive safeguards to ensure that this new flexibility policy will not have anticompetitive effects in the U.S. market for international services: 1) alternative arrangements between affiliated carriers and those involved in non- equity joint ventures affecting basic telecommunications traffic must be publicly filed with the FCC; and 2) alternative arrangements affecting more than 25 percent of the inbound or outbound traffic on a particular route must be publicly filed with the FCC and not contain unreasonably discriminatory terms and conditions. -more- -2- This more flexible approach to international accounting rate regulation, the Commission said, will permit significant progress toward a truly competitive market for international services. It will enable U.S. carriers to respond more rapidly to changing conditions in the global telecommunications market and reduce their call termination costs and U.S. net settlements payments. The results will be lower calling prices for consumers. The Commission also codified its proportionate return policy, which has long been a cornerstone of its ISP. The ISP, which will continue to apply to non-competitive markets, prevents whipsawing of U.S. carriers by foreign carriers by requiring the equal division of accounting rates, nondiscriminatory treatment of U.S. carriers, and proportionate return of inbound traffic. The Commission said that, by codifying its proportionate return policy, it is sending a strong signal to foreign carriers which do not operate in competitive markets that it will not allow discrimination among U.S. carriers by manipulating the allocation of return traffic. Finally, the Commission declined to apply the requirements of its ISP to the global Mobile Satellite Service (MSS) industry at this time. The Commission reserved the right, however, to apply its ISP or other safeguards to the MSS industry in the future if market conditions merit such actions. Action by the Commission November 26, 1996, by Fourth Report and Order (FCC 96- 549). Chairman Hundt, Commissioners Quello, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew or Audrey Spivack at (202) 418-0500. International Bureau contacts: Diane J. Cornell at (202) 418-1470, Kathryn O'Brien at (202) 418-0439.