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PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500
Fax-On-Demand: (202) 418-2830
Internet: http://www.fcc.gov
ftp.fcc.gov
Released: January 30, 2001
DA 01-188
INTERNATIONAL BUREAU AND ENFORCEMENT BUREAU ANNOUNCE PROGRAM TO
INCREASE COMPLIANCE WITH LICENSING REQUIREMENTS FOR CARRIERS THAT
PROVIDE INTERNATIONAL TELECOMMUNICATIONS SERVICES AND OPERATORS
OF INTERNATIONAL TELECOMMUNICATIONS FACILITIES PURSUANT TO
SECTION 214 OF THE COMMUNICATIONS ACT AND SECTIONS 34-39 OF THE
SUBMARINE CABLE LANDING LICENSE ACT
1. The International Bureau has received a number of requests
for nunc pro tunc approval of belatedly filed applications for
authority to provide international telecommunications services
under Section 214 of the Communications Act of 1934, as amended.
1 The International Bureau also has received requests for nunc
pro tunc approval of other belatedly filed applications;
specifically, requests for authority to assign or transfer
control of existing international Section 214 authorizations, and
to assign or transfer control of common carrier and non-common
carrier submarine cable landing licenses. These requests suggest
that there may be some carriers providing international
telecommunications services, or operators operating international
telecommunications facilities, without proper authority.
2. In light of this, and particularly in light of the fact that
the Commission has streamlined its rules as competition in
international markets has developed, the International Bureau is
taking steps to ensure that international carriers and operators
are in compliance with the rules and that its records regarding
authorized carriers and operators are current and accurate.
Timely filed applications and accurate records will serve the
public interest and protect consumers by ensuring that the
Commission has the information necessary to enforce its rules,
regulations and policies governing carriers and operators that
provide U.S. international service. Accordingly, the
International Bureau is announcing the commencement of a 90-day
period during which carriers are encouraged to apply for
necessary authorizations. The International Bureau does not
expect to initiate enforcement action against these carriers and
operators during this 90-day period. At the end of the 90-day
period, the International Bureau will refer cases of
noncompliance to the Enforcement Bureau for appropriate
enforcement action.
Authorization and Licensing Requirements
3. The Commission's authorization and licensing requirements
for carriers providing international telecommunications services
and operators of international telecommunications facilities
include the following:
Section 214 Authorizations: Common carriers seeking to
provide international telecommunications services or to
construct, acquire, or operate international telecommunications
facilities must seek from the Commission an authorization
pursuant to Section 214 of the Communications Act. In addition,
Section 63.18 of the Commission's rules provides, in pertinent
part, that:
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 telecommunications
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 the grant of the
application will serve the public interest,
convenience, and necessity.2
The filing requirements of Section 63.18 apply to any entity that
seeks to initiate the provision of international
telecommunications services either in its own name or through one
or more wholly-owned direct or indirect subsidiaries.3
Alternatively, the subsidiary may apply for its own Section 214
authorization prior to initiating service. Pursuant to section
20.15(d) of the Commission's rules, the requirement to obtain
prior authorization to provide international services applies to
carriers providing commercial mobile radio services (``CMRS''). 4
4. Section 63.18 also applies to assignments and transfers of
control of existing international Section 214 authorizations
unless the assignment or transfer is a pro forma transaction
covered by the provisions of Section 63.24. A pro forma
assignment or transfer is one that does not involve a substantial
change in ownership or control. In such a case, Section 63.24 of
the Commission's rules provides, in pertinent part, that `` [a]
pro forma assignee must notify the [C]ommission no later than 30
days after the assignment is consummated.''5
5. Submarine Cable Licenses: Carriers seeking to own or operate
submarine cable facilities must file applications to obtain
submarine cable landing licenses, including transfers of control
or assignments of such licenses, or modifications of such
licenses to add new licensees. Applications must be filed
pursuant to the Submarine Cable Landing License Act, 6 Executive
Order No. 10530,7 and Section 1.767 of the Commission's Rules.8
Process to Update International Bureau Records
6. The International Bureau believes it is necessary for
carriers to timely file for and receive proper authorizations and
licenses and to be otherwise in compliance with all applicable
rules and policies. To that end, the International Bureau
announces a 90-day period after which, pursuant to its authority
under Sections 0.111 and 0.311 of the Commission's rules, it will
refer to the Enforcement Bureau for appropriate enforcement
action any carrier that is providing international
telecommunications services or operator operating international
telecommunications facilities without first receiving proper
authorizations from the Commission under Section 214 of the
Communications Act and Sections 34-39 of the Submarine Cable
Landing License Act, respectively. The Enforcement Bureau will
take into account voluntary disclosure of misconduct in
determining an appropriate sanction. The 90-day period will
commence on the date of publication of this notice in the Federal
Register.
7. In addition, the Telecommunications Division of the
International Bureau also takes this opportunity to advise
carriers and operators that, commencing with the date of
publication of this public notice in the Federal Register, it
will be extremely reluctant to grant requests for nunc pro tunc
approval of belatedly filed applications. Such requests will be
considered only in extraordinary circumstances.9
8. For further information about the processing of applications
under this program, contact Rebecca Arbogast, Chief,
Telecommunications Division, International Bureau, at 202-418-
1460 or Belinda Nixon, Telecommunications Division, International
Bureau, at 202-418-1382 or e-mail at bnixon@fcc.gov.
By the Chief, Telecommunications Division, International Bureau
and the Chief, Investigations & Hearings Division, Enforcement
Bureau.
_________________________
1 47 U.S.C. § 214.
2 47 C.F.R. § 63.18.
3 Section 63.21(i) of the rules permits an authorized carrier
to provide service through one or more wholly-owned subsidiaries,
provided the authorized carrier notifies the Commission within 30
days after the subsidiary initiates service. The notification
must contain the information required by Section 63.21(i). 47
C.F.R. 63.21(i).
4 CMRS carriers are exempt, however, from certain tariffing
requirements with respect to the provision of international
services. See 47 C.F.R. § 20.15(d).
5 47 C.F.R. § 63.24. This section also provides a detailed
definition of which kinds of transactions constitute a pro forma
transfer or assignment.
6 An Act Relating to the Landing and Operation of Submarine
Cables in the United States, 47 U.S.C. §§ 34-39 ("Cable Landing
License Act").
7 Exec. Order No. 10530, reprinted as amended in 3 U.S.C.A.
§ 301 app. at 459-60 (1994).
8 47 C.F.R. § 1.767.
9 Cf. Biennial Regulatory Review -- Amendment of Parts 0,
1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the
Commission's Rules to Facilitate the Development and Use of the
Universal Licensing System in the Wireless Telecommunications
Services, Memorandum Opinion and Order on Reconsideration, WT
Docket No. 98-20, 14 FCC Rcd 11476, 11485 ¶¶ 20-22 (1999).