On March 28, 2003, the FCC issued an Order (FCC 03-63) that eliminated the FCC's comity-based prohibitions on call-back and the policy that allowed a foreign government or entity to make use of the enforcement mechanisms of the FCC to enforce foreign government prohibitions against U.S. carriers from offering uncompleted call-signaling abroad. The FCC determined that the policy is no longer necessary in today's pro-competitive environment.
The FCC also reaffirmed that call-back using uncompleted call signaling violates neither U.S. domestic nor international law (see FCC 95-224) and found that elimination of the comity-based prohibitions and the policy that allowed foreign governments and entities to use Commission resources to enforce prohibitions on call-back in a foreign country is consistent with international law. The FCC will continue to maintain an ongoing public file that contains information on the legality of call-back in foreign countries so that U.S. carriers may be aware of and ensure that their actions are consistent with foreign law. Also, the FCC will continue to maintain its policies prohibiting call-back configurations that degrade the network or constitute fraudulent activity.
The International Bureau maintains a public file on information on the legality of call-back in foreign countries so that U.S. carriers may be aware of and ensure that their actions are consistent with foreign law. The Commission will receive documentation from any government which seeks to put U.S. carriers on notice that call-back using uncompleted call signaling has been declared expressly illegal in its territory and place that information in the file. This public file is designated as "International Call-Back: Foreign Law," and is located in the FCC's Reference and Information Center located in Room CY-A257 at 445 12th Street, SW, Washington, D.C. 20554. The Reference and Information Center can be reached at (202) 418-0270. The public file and list of countries are for informational purposes only. Inclusion in the public file does not constitute Commission judgment on the issue of whether a submission by a foreign government would be valid evidence of illegality in a Commission proceeding.
| FCC PUBLIC FILE COUNTRY LIST
The Following countries have submitted information claiming that they have expressly made call-back illegal.
- The Bahamas
- Cook Islands
- Costa Rica
- Netherlands Antilles
- Saudi Arabia
- South Africa
- United Arab Emirates
In addition, the International Telecommunications Union (ITU) has made available TSB Circular 158 which is a consolidated table of country responses to an ITU Questionnaire on conditions for provision of "call-back."