**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  | IB Docket No. 04-226         |
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| Mandatory Electronic Filing      | ** |                              |
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| Telecommunications Services And  | *) |                              |
| Other International Filings      | ** |                              |
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**NOTICE OF PROPOSED RULEMAKING**

**Adopted:** June 10, 2004 **Released:** June 30, 2004

**Comment Date:** 60 days after Federal Register publication

**Reply Comment Date:** 90 days after Federal Register publication

By the Commission:

#  Introduction

1.  The Commission currently gives international carriers and other
    applicants the option of filing many types of applications for
    international telecommunications services either on paper or
    electronically. In this Notice of Proposed Rulemaking (International
    E-Filing NPRM), we seek comment on eliminating paper filings and
    requiring applicants to file electronically all applications and
    other filings related to international telecommunications services
    via the International Bureau Filing System (IBFS).[^1] Specifically,
    we propose to accept only electronically filed accounting rate
    changes, requests for assignment of a data network identification
    code, foreign carrier notifications, applications related to
    International Section 214 authorizations, applications related to
    submarine cable landing licenses, requests for recognized operating
    agency status, requests for assignment of an international signaling
    point code, and other associated filings.[^2] This proposal would
    further the Commission's goals to increase the efficiency of our
    application processing and to expedite the availability of the
    application information for public use and inspection.

# BACKGROUND

2.  Over the years, the Commission has introduced a number of electronic
    filing systems that a large and growing number of applicants are
    using to file their applications. IBFS, introduced in 1998,[^3] is
    one such system through which applicants for authorizations for
    satellite and most international telecommunications services may
    electronically file their applications. Currently, applicants for
    authorizations related to most international telecommunications
    services may file their applications either through IBFS[^4] or on
    paper through the Office of the Secretary. Over the last six years,
    IBFS has proved itself to be a reliable and efficient method of
    filing applications and obtaining critical information related to
    satellite and international telecommunications services.

3.  Because the volume and complexity of applications continue to
    increase, we are working to further streamline and automate IBFS to
    keep up with the growing workload and to meet evolving user needs.
    [^5] We are also seeking to make filing through IBFS even more "user
    friendly." To accommodate electronic filings, we recently amended
    the Commission's rules to include the use of IBFS as an official
    method of filing applications with the Commission.[^6] In our
    experience, filing applications electronically enhances the
    Commission's ability to efficiently and quickly process
    applications, protect filing data, and provide direct public access
    to filing information and documents. To stimulate the electronic
    filing of applications and other pleadings, the Commission has, in a
    number of areas, adopted requirements for mandatory electronic
    filing.[^7] We now consider whether to require electronic filing of
    all international applications and international reports.

    **III. DISCUSSION**

## Benefits of Electronic Filing 

4.  Requiring electronic filing of international telecommunications
    applications and reports will provide a number of benefits to
    applicants, Commission staff, and the public generally. Electronic
    filing allows applicants and other parties to make filings more
    rapidly and more efficiently than the paper filing option.
    Electronic filing also eliminates the delays associated with manual
    processing.[^8] Electronically filed information is immediately
    available to Commission staff and members of the public without the
    current need for staff to scan or otherwise convert paper filings
    into computerized form. In addition, the edit checks and validation
    features of electronic filing simplifies the filing process for
    applicants by automatically notifying them of any critical errors or
    omissions in their filings. We believe that the fact that a large
    number of applicants currently file electronically demonstrates that
    users have confidence in the ease and reliability of the IBFS.

5.  Additionally, electronic filing through IBFS makes applications
    almost immediately available to interested parties and the general
    public over the Internet. As IBFS enhancements are deployed, parties
    could also file petitions to deny or comments on applications. We
    believe that electronic filing broadens the availability of
    application information for public use and inspection and thereby
    expands and improves information provided to the Commission in
    making its decisions.

6.  Since 2001, the Commission has experienced periodic disruptions of
    regular mail delivery and the processing of deliveries due to the
    threat of contamination.[^9] These disruptions caused delays upwards
    of fourteen days in processing of applicants' mailed filings. We
    believe that adoption of the proposals contained in this
    International E-Filing NPRM will eliminate most, if not all, of the
    problems associated with the mailing of manual international
    filings.

7.  In addition, we believe there are benefits to having only one
    submission method for international filings. The current dual filing
    methods hinder efficiencies that would otherwise be gained from
    implementation of 100 percent electronic filing, because Commission
    staff must enter the data from paper filings into our electronic
    system. Electronic filing has proven to improve the speed and
    efficiency of application processing and also to expedite the
    availability of application information for public use and
    inspection.

8.  We believe that requiring electronic filing of international
    telecommunication applications would not impose undue burdens on
    applicants. Given the falling costs of computer and modem equipment,
    and the increasing access to the Internet, we believe that mandatory
    electronic filing will not constitute an undue expense for carriers.
    As evidence of this, a significant number of applications for
    international telecommunications services are now being filed
    electronically. In 2003, approximately 90 percent of applicants
    seeking streamlined section 214 international authorizations filed
    electronically.[^10] Sixty percent of applicants seeking a submarine
    cable landing license filed electronically.[^11] In addition, many
    other filings have been submitted electronically. Over 60 percent of
    carriers notifying the Commission of their foreign carrier
    affiliation filed electronically.[^12] All of the international
    accounting rate modifications, requests for assignment of data
    network identification codes, recognized operating agency filings,
    and international signaling point code filings are now filed
    electronically.[^13]

9.  For the reasons shown above, we tentatively conclude that requiring
    electronic filing would be beneficial to users, without imposing any
    undue burdens. We also tentatively conclude that requiring
    electronic filing would reduce processing burdens for Commission
    staff, with the result that services to consumers would be delivered
    more quickly. We seek comment on these tentative conclusions and our
    proposal to mandate electronic filing for all international
    filings.[^14]

##  Types of Filings 

10. There are a variety of applications and reports that applicants and
    authorized carriers must file with the Commission in connection with
    international telecommunications services. In the attached
    Appendices A and B, we list the various filings for which we propose
    to require electronic filing, along with a brief description of each
    such filing. We note, however, that IBFS currently does not permit
    electronic filing for all those international telecommunications
    service applications and reports. As a practical matter, we cannot
    require mandatory electronic filing for any type of service until an
    IBFS electronic filing form is available. The international
    telecommunications filings that applicants can currently file
    electronically are identified in Appendix A. Appendix B identifies
    those international filings for which electronic forms are not
    currently available. Should the mandatory electronic filing
    proposals in this item be adopted, the Commission would need to
    develop electronic forms for these filings.

11. We also seek comments on making mandatory the electronic filing of
    other associated items listed on Appendix B, but not discussed
    above, *e.g.*, notifications of the consummation of assignments and
    transfers of control of authorizations, notifications of *pro forma*
    assignments and transfers of control of authorizations, etc.

12. In addition, we propose to create an Internet filing form that would
    allow interested persons to file electronically petitions to deny or
    comments in response to international filings. The petitioner or
    commenter would supply identifying information such as the file
    number, the descriptive information about the petition, and any
    attachments (in an appropriate graphical format) to the electronic
    copy of the petition. The IBFS database would then automatically be
    updated with this information. This requirement is consistent with
    revisions made to Part 25 rules that made mandatory the electronic
    filing of petitions and comments related to satellite filings.[^15]

13. Under Commission rules, certain carriers are required to file
    reports with the Commission.[^16] We believe that electronic filing
    of those reports would yield the same benefits that we have found
    for the electronic filing of applications. We request comment on
    whether we should move toward the mandatory electronic filing of
    reports as well. We note, however, that IBFS does not now provide
    for the filing of these reports and that if the above proposal is
    adopted, then the Commission would need to develop the capability to
    file these reports electronically. The carrier would supply
    identifying information such as the file number, the required data,
    descriptive information, and any attachments (in an appropriate
    graphic format) to the electronic copy of the report, and would
    certify that the information is correct. The IBFS database would be
    automatically updated with this information.

14. We seek comment on these proposals to expand electronic filing to
    those filings that are currently processed manually. In addition, we
    seek comment on any other areas where we could automate the process
    for international telecommunications service filings.

## Confidential Filings 

15. The Commission generally treats applications for international
    telecommunications services, as well as information submitted in
    support of or in opposition to such applications, as
    non-confidential. The Commission, however, allows applicants and
    commenting parties to request proprietary treatment for specific
    filings and specific pieces of submitted information. We propose to
    continue our policy of generally making filings available to the
    public once the filing is placed on public notice.

16. Applicants or commenting parties that seek to keep a filing
    confidential or to preserve the confidentiality of a piece of
    information in a filing may request such treatment under section
    0.459 of the Commission's rules.[^17] That rule requires the
    requesting party to justify fully its request by providing enough
    information for the Commission to determine the need for
    confidential treatment.[^18] The rule requires the party requesting
    confidential treatment to submit the complete filing as well as a
    redacted copy omitting the allegedly confidential information that
    the Commission will make available to the public. Should the
    Commission decide to grant a request for confidential treatment of
    information that does not fall within a specific exception of the
    Freedom of Information Act (FOIA), that Act requires the Commission
    to disclose the information upon an appropriate request.[^19] The
    Commission may grant requests for confidential treatment either
    conditionally or unconditionally.[^20] The Commission has discretion
    to release on public interest grounds even information that does
    fall within the scope of a FOIA exception.[^21] The Commission also
    may allow parties to an application access to confidential
    information under a protective order that restricts the persons who
    may see the confidential information and their use of such
    information upon inspection. We propose to continue these policies
    for electronically filed applications and information.

17. We note in this context that IBFS does not currently provide for
    confidential filings. With prior notification, however, the
    International Bureau staff may allow for confidentiality of an
    application prior to the release of the application on public notice
    subject to the provisions of section 0.459. In the future, the
    Commission will develop the capability for IBFS to accommodate
    confidentially filed pleadings. We seek comment on this proposal.

    **D. Transition Period and Waiver Requests**

18. We seek comment whether it would be necessary to implement a
    transition period to allow applicants and carriers to adjust to any
    changes to the rules. We propose to adopt a 60-day transition period
    from the effective date of new rules in the Federal Register to
    allow carriers to comply with those rules. We also propose that,
    after the 60-day transition period, any filings received manually
    will be returned to the applicant or carrier without processing.
    Because it is possible that electronic forms may not be developed
    for all international filings by the time the proposed rules become
    effective, we propose to require mandatory electronic filing for
    those applications for which an IBFS form exists and to require
    additional filings to be made electronically as new IBFS forms are
    introduced.[^22] As each new IBFS form becomes available for
    electronic use, we propose to issue a public notice announcing the
    new electronic features. Each such public notice will announce a
    60-day transition period from the date of the notice after which
    carriers and applicants must file electronically. We seek comment on
    these proposed transition periods and on implementation of new
    enhancements along with a phase-in period based upon the
    availability of electronic forms.

19. Finally, we seek comment whether we should allow an applicant to
    request a waiver of the proposed mandatory electronic filing
    requirements. There may be some potential applicants for whom
    electronic filing may prove to be a hardship. There may also be
    particular proceedings for which applicants wish to assert that the
    electronic filing procedure would be inappropriate. We note that we
    have allowed entities to request waivers of other Commission rules
    in appropriate circumstances.[^23] We seek comment whether to adopt
    a waiver process for our proposed required electronic filing. Should
    we decide to allow a waiver of electronic filing, we note that our
    rules require entities requesting a waiver to "plead with
    particularity the facts and circumstances" warranting the grant of
    such a waiver.[^24] Such a requirement would presumably apply to any
    request for waiver of mandatory electronic filing rules.

# CONCLUSION

20. In conclusion, we believe that the proposals contained in this item
    will allow applicants to make international filings more rapidly and
    efficiently, improve speed and efficiency of application processing
    and also expedite the availability of the application information
    for public use and inspection. Since the inception of IBFS, the
    International Bureau continues to incorporate features and functions
    recommended by its users. This International E-Filing NPRM is yet
    another step towards a fully electronic filing system and
    transforming the Commission to a fully digital agency.

# PROCEDURAL MATTERS

## Ex Parte Presentations

21. This proceeding shall be treated as a "permit-but-disclose"
    proceeding in accordance with the Commission's *ex parte*
    rules.[^25] Persons making oral *ex parte* presentations are
    reminded that memoranda summarizing the presentations must contain
    summaries of the substance of the presentations and not merely a
    listing of the subjects discussed. More than a one- or two-sentence
    description of the views and arguments presented is generally
    required.[^26] Other rules pertaining to oral and written
    presentations are set forth in section 1.1206(b) of the Commission's
    rules as well.

## Initial Regulatory Flexibility Certification

22. The Regulatory Flexibility Act of 1980, as amended (RFA)[^27]
    requires that a Regulatory Flexibility Act analysis be prepared for
    notice-and-comment rule making proceedings, unless the agency
    certifies that "the rule will not, if promulgated, have a
    significant economic impact on a substantial number of small
    entities."[^28] The RFA generally defines the term "small entity" as
    having the same meaning as the terms "small business," "small
    organization," and "small governmental jurisdiction."[^29] In
    addition, the term "small business" has the same meaning as the term
    "small business concern" under the Small Business Act.[^30] A "small
    business concern" is one which: (1) is independently owned and
    operated; (2) is not dominant in its field of operation; and (3)
    satisfies any additional criteria established by the Small Business
    Administration (SBA).[^31]

23. In this International E-Filing NPRM, the Commission seeks comment on
    possible changes to its rules to require mandatory electronic filing
    for international telecommunications services. As discussed above,
    the Commission has continued to make technological advancements in
    the area of electronic filing.[^32] In this proceeding we have
    sought to further streamline the filing processes.

24. The rule changes discussed in the International E-Filing NPRM, if
    adopted, would require the mandatory electronic filing for
    applications and reports associated with international
    telecommunications services. The proposal in the International
    E-Filing NPRM seeks comment on these proposed changes. We believe
    that the proposals are in the public interest and would not impose
    undue burdens on all carriers required to file for international
    telecommunications services pursuant to our rules, including those
    carriers that are small entities. Further, any burdens caused by
    implementation of these proposals might be offset by the fact that
    services to the public would likely be expedited. Therefore, we
    certify that the proposals in this International E-Filing NPRM, if
    adopted, would not have a significant economic impact on a
    substantial number of entities. The Commission will send a copy of
    the International E-Filing NPRM, including this initial
    certification, to the Chief Counsel for Advocacy of the Small
    Business Administration.[^33] In addition, the International
    E-Filing NPRM (or summary) and initial certification will be
    published in the Federal Register.[^34]

## Initial Paperwork Reduction Act of 1995 Analysis

25. This International E-Filing NPRM contains either proposed and/or
    modified information collections. The Commission, as part of its
    continuing effort to reduce paperwork burdens, invites the general
    public and the Office of Management and Budget (OMB) to comment on
    the information collections contained in this International E-Filing
    NPRM, as required by the Paperwork Reduction Act of 1995, Public Law
    104-13. Public and agency comments are due 60 days from date of
    publication of the International E-Filing NPRM in the Federal
    Register. Comments should address: (a) whether the proposed
    collection of information is necessary for the proper performance of
    the functions of the Commission, including whether the information
    shall have practical utility; (b) the accuracy of the Commission's
    burden estimates; (c) ways to enhance the quality, utility, and
    clarity of the information collected; and (d) ways to minimize the
    burden of the collection of information on the respondents,
    including the use of automated collection techniques or other forms
    of information technology.

## Comment Filing Procedures

26. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
    C.F.R. §§ 1.415, 1.419, interested parties may file comments on or
    before 60 days after publication of the NPRM in the Federal
    Register, and reply comments on or before 90 days after publication
    of the NPRM in the Federal Register. Comments may be filed using the
    Commission's Electronic Comment Filing System (ECFS) or by filing
    paper copies. Parties are strongly encouraged to file
    electronically. *See Electronic Filing of Documents in Rulemaking
    Proceedings*, 63 Fed. Reg. 24,121 (1998).

27. Comments filed through the ECFS can be sent as an electronic file
    via the Internet to <http://www.fcc/gov/cgb/ecfs.html>. Generally,
    only one copy of an electronic submission must be filed. If multiple
    docket or rulemaking numbers appear in the caption of this
    International E-Filing NPRM, however, commenters must transmit one
    copy of their comments to each docket or rulemaking number
    referenced in the International E-Filing NPRM. In completing the
    transmittal screen, commenters should include their full name, U.S.
    Postal Service mailing address, and the applicable docket or
    rulemaking number. Parties may also submit an electronic comment by
    Internet e-mail. To get filing instructions for e-mail comments,
    commenters should send and e-mail to <ecfs@fcc.gov> and should
    include the following words in the body of the message, "get form."
    A sample form and directions will be sent in reply.

28. Parties who choose to file by paper must file an original and four
    copies of each filing. Each filing should also include an electronic
    version of the comments filed. Filings can be sent by hand or
    messenger delivery, by commercial overnight courier, or by first
    class or overnight U.S. Postal Service mail (although we continue to
    experience delays in receiving U.S. Postal Service mail). The
    Commission's mail contractor, NATEK, Inc., will receive
    hand-delivered or messenger-delivered paper filings for the
    Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
    Washington, D.C. 20002. The filing hours at this location are 8:00
    a.m. to 7:00 p.m. All hand deliveries must be held together with
    rubber bands or fasteners. Any envelopes must be disposed of before
    entering the building. Commercial overnight mail (other than U.S.
    Postal Service Express Mail and Priority Mail) must be sent to 9300
    East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service
    first-class mail, Express Mail, and Priority Mail should be
    addressed to 445 12^th^ Street, S.W., Washington, D.C. 20554. All
    filings must be addressed to the Commission's Secretary, Office of
    the Secretary, Federal Communications Commission.

29. Comments submitted on diskette should be on a 3.5 inch diskette
    formatted in an IBM-compatible format using Word for Windows or
    compatible software. The diskette should be clearly labeled with the
    commenter's name, proceeding (including the docket number in the
    caption of this International E-Filing NPRM, type of pleading
    (comment or reply comment), date of submission, and the name of the
    electronic file on the diskette. The label should also include the
    following phrase "Disk Copy -- Not an Original." Each diskette
    should contain only one party's pleadings, preferably in a single
    electronic file.

30. All parties must file one copy of each pleading electronically or by
    paper to each of the following:

\(1\) The Commission's duplicating contractor, Best Copy and Printing,
Inc., 445 12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554;
e-mail: <FCC@bcpiweb.com>; facsimile: (202) 488-5563; phone (202)
488-5300.

\(2\) James Ball, Chief, Policy Division, International Bureau, 445
12^th^ Street, S.W., Washington, D.C. 20554; e-mail:
<James.Ball@fcc.gov>.

\(3\) Jacki Ponti, Associate Bureau Chief, International Bureau, 445
12^th^ Street, S.W., Washington, D.C. 20554; e-mail:
[Jacki.Ponti@fcc.gov](mailto:James.Ball@fcc.gov).

\(4\) Alexandra Field, Assistant Division Chief, Policy Division,
International Bureau, 445 12^th^ Street, S.W., Washington, D.C. 20554;
e-mail: Alexandra.Field@fcc.gov.

\(5\) JoAnn Ekblad, Assistant Division Chief, Policy Division,
International Bureau, 445 12^th^ Street, S.W., Washington, D.C. 20554;
e-mail: Joann.Ekblad@fcc.gov.

\(6\) John F. Copes, Attorney, Policy Division, International Bureau,
445 12^th^ Street, S.W., Washington, D.C. 20554; e-mail: John.Copes@
fcc.gov.

\(7\) Peggy Reitzel, Telecommunications Specialist, Policy Division,
International Bureau, 445 12^th^ Street, S.W., Washington, D.C. 20554;
e-mail: Peggy.Reitzel@fcc.gov.

\(8\) Rebecca Halstead, Industry Analyst, Policy Division, International
Bureau, 445 12^th^ Street, S.W., Washington, D.C. 20554; e-mail:
<Rebecca.Halstead@fcc.gov>.

31. Comments and reply comments and any other filed documents in this
    matter may be obtained from Best Copy and Printing, Inc., in person
    at 445 12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554,
    via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or
    via e-mail at [FCC@bcpiweb.com](mailto:qualexint@aol.com). The
    pleadings also will be available for public inspection and copying
    during regular business hours in the FCC Reference Information
    Center, Room CY-A257, 445 Twelfth Street, S.W., Washington, D.C.
    20554 and through the Commission's Electronic Filing System (ECFS)
    accessible on the Commission's World Wide Website,
    [www.fcc.gov](http://www.fcc.gov/).

32. Comments and reply comments must include a short and concise summary
    of the substantive arguments raised in the pleading. Comments and
    reply comments must also comply with section 1.49 and all other
    applicable sections of the Commission's rules.[^35] All parties are
    encouraged to include the name of the filing party and the date of
    the filing on each page of their comments' length of their
    submission. We also strongly encourage that parties track the
    organization set forth in this International E-Filing NPRM in order
    to facilitate our internal review process.

33. Written comments by the public on the proposed and/or modified
    information collections are due 60 days from the date of publication
    of the International E-Filing NPRM in the Federal Register. Written
    comments must be submitted by the public, Office of Management and
    Budget (OMB), and other interested parties on the proposed and/or
    modified information collections on or before 60 days after the date
    of publication in the Federal Register of the International E-Filing
    NPRM. In addition to filing comments with the Secretary, Marlene H.
    Dortch, a copy of any comments on the information collection(s)
    contained herein should be submitted to Judith B. Herman, Federal
    Communications Commission, Room 1-C804, 445 12^th^ Street, S.W.,
    Washington, D.C. 20554, or via the Internet to
    Judith.B.Herman@fcc.gov and to Kristy L. LaLonde, OMB Desk Officer,
    Room 10236 NEOB, 725 17th Street, N.W., Washington, D.C. 20503 or
    via the Internet to
    [Kristy_L.\_LaLonde@omb.eop.gov](mailto:Kim_A._Johnson@omb.eop.gov)
    or via fax at 202-395-5167.

34. Commenters that file what they consider to be proprietary
    information may request confidential treatment pursuant to section
    0.459 of the Commission's rules. Commenters should file both their
    original comments for which they request confidentiality and
    redacted comments, along with their request for confidential
    treatment. Commenters should not file proprietary information
    electronically.[^36] Even if the Commission grants confidential
    treatment, information that does not fall within a specific
    exemption pursuant to the Freedom of Information Act (FOIA) must be
    publicly disclosed pursuant to an appropriate request.[^37] We note
    that the Commission may grant requests for confidential treatment
    either conditionally or unconditionally. As such, we note that the
    Commission has the discretion to release on public interest grounds
    information that does fall within the scope of a FOIA exemption.

# ordering clauses

35. Accordingly, IT IS ORDERED that, pursuant to the authority contained
    in sections 1, 4(i), 4(j) 11, 201-205, 211, 214, 219, 220, 303(r),
    309, and 403 of the Communications Act of 1934, as amended, 47
    U.S.C. §§ 151, 154(i), 154(j), 161, 201-205, 211, 214, 219, 220,
    303(r), 309 and 403, this NOTICE OF PROPOSED RULEMAKING IS HEREBY
    ADOPTED and COMMENTS ARE REQUESTED as described above.

36. IT IS FURTHER ORDERED that the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this NOTICE OF PROPOSED RULEMAKING, including the
    Initial Regulatory Flexibility Certification, to the Chief Counsel
    for Advocacy of the Small Business Administration.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    **APPENDIX A**

**ELECTRONIC FORMS**

**CURRENTLY AVAILABLE**

+-----------------+-----------+----------------------+----------------+
| **Name of       | **IBFS    | **Brief              | **Rule         |
| Filing**        | Abbre     | Description**        | Section**      |
|                 | viation** |                      |                |
+=================+===========+======================+================+
| INTERNATIONAL   |           |                      |                |
| SECTON 214      |           |                      |                |
| AUTHORIZATION   |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| International   | ITC-214   | Application for      | §63.12         |
| Tel             |           | authorization to     |                |
| ecommunications |           | construct a new      | §63.18         |
| Certificate     |           | line, or acquire or  |                |
| (ITC) \--       |           | operate any line, or | §63.20         |
| Authorization   |           | engage in            |                |
| Application     |           | transmission over or |                |
|                 |           | by means of such     |                |
|                 |           | additional line for  |                |
|                 |           | the provision of     |                |
|                 |           | common carrier       |                |
|                 |           | communications       |                |
|                 |           | services between the |                |
|                 |           | U.S., its            |                |
|                 |           | territories or       |                |
|                 |           | possessions, and a   |                |
|                 |           | foreign point, shall |                |
|                 |           | request such         |                |
|                 |           | authority by formal  |                |
|                 |           | application.         |                |
+-----------------+-----------+----------------------+----------------+
| International   | ITC-STA   | Application for      | §63.25         |
| Tel             |           | immediate authority  |                |
| ecommunications |           | for temporary        |                |
| Certificate     |           | service or for       |                |
| (ITC) \--       |           | emergency service    |                |
| Special         |           | (Special Temporary   |                |
| Temporary       |           | Authority).          |                |
| Authority       |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| SUBMARINE CABLE |           |                      |                |
| LANDING LICENSE |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | SCL-LIC   | Application for      | §1.767         |
| Landing License |           | authorization to     |                |
| (SCL) --        |           | land one or both     |                |
| Application     |           | ends of a cable in   |                |
|                 |           | the territorial      |                |
|                 |           | waters of the U.S.   |                |
+-----------------+-----------+----------------------+----------------+
| ACCOUNTING RATE |           |                      |                |
| CHANGE          |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| International   | ARC-MOD   | Request to initiate  | §64.1001       |
| Accounting Rate |           | or modify an         |                |
| Change (ARC)    |           | accounting rate      |                |
|                 |           | arrangement with a   |                |
|                 |           | foreign carrier that |                |
|                 |           | possesses market     |                |
|                 |           | power, except for    |                |
|                 |           | service on U.S.      |                |
|                 |           | international routes |                |
|                 |           | that are exempt from |                |
|                 |           | the international    |                |
|                 |           | settlements policy.  |                |
+-----------------+-----------+----------------------+----------------+
| DATA NETWORK    |           |                      |                |
| IDENTIFICATION  |           |                      |                |
| CODE            |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Request for     | DNC-NEW   | Request by any       | R&O in Docket  |
| Assignment of   |           | public network that  |                |
| Data Network    |           | wishes to operate on | 83-1230        |
| Identification  |           | an X.25 packet       |                |
| Code (DNC)      |           | switch protocol and  | 104 FCC 2d     |
|                 |           | which interconnects  | 208, 262-7,    |
|                 |           | with another data    | paras. 70-77   |
|                 |           | network through an   | (1986),        |
|                 |           | X.70 interface, as   | *recon. grtd   |
|                 |           | detailed in the      | in part*,      |
|                 |           | rules.               |                |
|                 |           |                      | 2 FCC Rcd      |
|                 |           |                      | 7375, 7378-80  |
|                 |           |                      | paras. 26-34   |
|                 |           |                      | (1987)         |
+-----------------+-----------+----------------------+----------------+
| FOREIGN CARRIER |           |                      |                |
| NOTIFICATION    |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Foreign Carrier | FCN-NEW   | Notification by an   | §63.11         |
| Affiliation     |           | authorized           |                |
| Notification    |           | international        | §1.768         |
| (FCN)           |           | section 214 and      |                |
|                 |           | submarine cable      |                |
|                 |           | landing license      |                |
|                 |           | holders either prior |                |
|                 |           | to or after the      |                |
|                 |           | consummation of an   |                |
|                 |           | investment resulting |                |
|                 |           | in a foreign carrier |                |
|                 |           | affiliation, as      |                |
|                 |           | detailed in the      |                |
|                 |           | rules.               |                |
+-----------------+-----------+----------------------+----------------+
| RECOGNIZED      |           |                      |                |
| OPERATING       |           |                      |                |
| AGENCY STATUS   |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Recognized      | ROA-NEW   | Mandatory filing for | International  |
| Operating       |           | any individual or    | Tele           |
| Agency Filings  |           | corporation, other   | communications |
| (ROA)           |           | than a government    | Convention     |
|                 |           | establishment, that  |                |
|                 |           | seeks recognition to | §63.701        |
|                 |           | operate an           |                |
|                 |           | international public | R&O in Docket  |
|                 |           | correspondence or    |                |
|                 |           | radio service        | 83-1230        |
|                 |           | capable of causing   |                |
|                 |           | harmful interference | 104 FCC 2d     |
|                 |           | and upon which are   | 208, 245-53,   |
|                 |           | imposed obligations  | paras. 55-61   |
|                 |           | provided for in      | (1986), *recon |
|                 |           | Article 44 of the    | grtd in part*, |
|                 |           | International        | 2 FCC Rcd 7375 |
|                 |           | Telecommunications   | (1987)         |
|                 |           | Convention.          |                |
+-----------------+-----------+----------------------+----------------+
| INTERNATIONAL   |           |                      |                |
| SIGNALING POINT |           |                      |                |
| CODE            |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| International   | SPC-NEW   | Request for          | ITU-T          |
| Signaling Point |           | assignment of        | Recommendation |
| Code Filings    |           | International        | Q.708          |
| (SPC)           |           | Signaling Point      |                |
|                 |           | Codes (ISPCs) for    |                |
|                 |           | Signaling System No. |                |
|                 |           | 7.                   |                |
+-----------------+-----------+----------------------+----------------+

**APPENDIX B**

**ELECTRONIC FORMS**

**REQUIRING DEVELOPMENT**

+-----------------+-----------+----------------------+----------------+
| **Name of       | **IBFS    | **Brief              | **Rule         |
| Filing**        | Abbre     | Description**        | Section**      |
|                 | viation** |                      |                |
+=================+===========+======================+================+
| INTERNATIONAL   |           |                      |                |
| SECTION 214     |           |                      |                |
| AUTHORIZATION   |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| International   | ITC-AMD   | Amendment of an      | §63.50         |
| Tel             |           | application to       |                |
| ecommunications |           | correct information  | §1.65          |
| Certificate     |           | required for the     |                |
| (ITC) \--       |           | processing of the    |                |
| Amendment       |           | original             |                |
|                 |           | application.         |                |
+-----------------+-----------+----------------------+----------------+
| International   | ITC-ASG   | Application for      | §63.24(b)      |
| Tel             |           | assignment of an     |                |
| ecommunications |           | authorization, or a  |                |
| Certificate     |           | portion of it, from  |                |
| (ITC)           |           | one entity to        |                |
| --Assignment    |           | another. Following   |                |
|                 |           | an assignment, the   |                |
|                 |           | authorization will   |                |
|                 |           | usually be held by   |                |
|                 |           | an entity other than |                |
|                 |           | the one to which it  |                |
|                 |           | was originally       |                |
|                 |           | granted.             |                |
+-----------------+-----------+----------------------+----------------+
| International   | ITC-BOC   | Notification filed   | R&O in IB      |
| Tel             |           | by a Bell Operating  | Docket 00-231, |
| ecommunications |           | Company (BOC) (or a  | 17 FCC Rcd     |
| Certificate     |           | BOC affiliate) that  | 11416, para.   |
| (ITC) \-- BOC   |           | it has begun         | 45 (2002)      |
| Notification    |           | providing interLATA  |                |
|                 |           | service in that      | §271.          |
|                 |           | state for which they |                |
|                 |           | have received        |                |
|                 |           | conditional          |                |
|                 |           | approval.            |                |
+-----------------+-----------+----------------------+----------------+
| International   | ITC-MOD   | Modification to an   | §63.21(a)      |
| Tel             |           | authorization of     |                |
| ecommunications |           | updated information  |                |
| Certificate     |           | required to maintain |                |
| (ITC)           |           | accuracy of the      |                |
| --Modification  |           | certifications made  |                |
|                 |           | in the original      |                |
|                 |           | application.         |                |
+-----------------+-----------+----------------------+----------------+
| International   | ITC-T/C   | Application to       | §63.24(c)      |
| Tel             |           | transfer control of  |                |
| ecommunications |           | an authorization.    |                |
| Certificate     |           | Following the        |                |
| (ITC) \--       |           | transfer of control, |                |
| Transfer of     |           | the authorization    |                |
| Control         |           | remains held by the  |                |
|                 |           | same entity, but     |                |
|                 |           | there is a change in |                |
|                 |           | the entity or        |                |
|                 |           | entities that        |                |
|                 |           | control the          |                |
|                 |           | authorization        |                |
|                 |           | holder.              |                |
+-----------------+-----------+----------------------+----------------+
| International   | TBD       | Notification of      | §63.21(h)      |
| Tel             |           | miscellaneous items  |                |
| ecommunications |           | such as notification | §63.21(i)      |
| Certificate     |           | of wholly-owned      |                |
| (ITC) \--Other  |           | subsidiaries, name   | §63.24(e)(4)   |
| Filings         |           | change, notification |                |
|                 |           | of consummation of   |                |
|                 |           | transfers of control |                |
|                 |           | and assignments.     |                |
+-----------------+-----------+----------------------+----------------+
| SUBMARINE CABLE |           |                      |                |
| LANDING LICENSE |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | SCL-AMD   | Amendment of an      | §1.767(a),     |
| Landing License |           | application to       |                |
| (SCL) --        |           | correct information  | §1.65          |
| Amendment       |           | required for the     |                |
|                 |           | processing of the    |                |
|                 |           | original             |                |
|                 |           | application.         |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | SCL-ASG   | Application to       | §1.767(a)(11)  |
| Landing License |           | assign a license, or |                |
| (SCL) \--       |           | a portion of it,     |                |
| Assignment      |           | from one entity to   |                |
|                 |           | another. Following   |                |
|                 |           | an assignment, the   |                |
|                 |           | license will usually |                |
|                 |           | be held by an entity |                |
|                 |           | other than the one   |                |
|                 |           | to which it was      |                |
|                 |           | originally granted.  |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | SCL-LPN   | Notification of      | §1.767(a)(5)   |
| Landing License |           | specific description |                |
| (SCL) \--       |           | of the landing       | §1.767(g)(8)   |
| Landing Point   |           | stations in the U.S. |                |
| Notification    |           | and the foreign      |                |
|                 |           | countries where the  |                |
|                 |           | cable will land.     |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | SCL-MOD   | Modification         | §1.767(e),     |
| Landing License |           | application          |                |
| (SCL) --        |           | requesting authority | §1.767(m)      |
| Modification    |           | to modify the terms  |                |
|                 |           | or conditions of a   |                |
|                 |           | license, such as     |                |
|                 |           | adding a new         |                |
|                 |           | licensee or          |                |
|                 |           | relinquishing an     |                |
|                 |           | interest in a        |                |
|                 |           | license; also may be |                |
|                 |           | used to update       |                |
|                 |           | information required |                |
|                 |           | to maintain accuracy |                |
|                 |           | of the               |                |
|                 |           | certifications made  |                |
|                 |           | in the original      |                |
|                 |           | application.         |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | SCL-STA   | Application          | §1.767(a)      |
| Landing License |           | requesting immediate |                |
| (SCL) \--       |           | authority for        |                |
| Special         |           | temporary service or |                |
| Temporary       |           | for emergency        |                |
| Authority       |           | service (Special     |                |
|                 |           | Temporary            |                |
|                 |           | Authority.)          |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | SCL-T/C   | Application to       | §1.767(a)(11)  |
| Landing License |           | transfer control of  |                |
| (SCL) \--       |           | a license. Following |                |
| Transfer of     |           | the transfer of      |                |
| Control of      |           | control, the license |                |
| License         |           | remains held by the  |                |
|                 |           | same entity(ies),    |                |
|                 |           | but there is a       |                |
|                 |           | change in the entity |                |
|                 |           | or entities that     |                |
|                 |           | control a license    |                |
|                 |           | holder.              |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | TBD       | Notification of      | §1.7           |
| Landing License |           | miscellaneous items  | 67(a)(11)(iii) |
| (SCL) \-- Other |           | such as name         |                |
| Filings         |           | changes,             |                |
|                 |           | notification of      |                |
|                 |           | consummation of      |                |
|                 |           | transfers of control |                |
|                 |           | and assignments.     |                |
+-----------------+-----------+----------------------+----------------+
| Submarine Cable | TBD       | Notification of the  | §1.767(g)(14)  |
| Landing License |           | commencement of      |                |
| (SCL) \--       |           | service and/or       |                |
| Notification of |           | termination of       |                |
| Operation       |           | service.             |                |
+-----------------+-----------+----------------------+----------------+
| ACCOUNTING RATE |           |                      |                |
| CHANGE          |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| International   | ARC-WAV   | Request to waive the | §64.1002       |
| Accounting Rate |           | Commission's         |                |
| Changes (ARC)   |           | International        |                |
| -- Waiver       |           | Settlement Policy.   |                |
+-----------------+-----------+----------------------+----------------+
| International   | TBD       | Notification of      |                |
| Accounting Rate |           | miscellaneous items. |                |
| Changes (ARC)   |           |                      |                |
| \-- Other       |           |                      |                |
| Filings         |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| FOR OTHER       |           |                      |                |
| FILINGS RELATED |           |                      |                |
| TO INT'L        |           |                      |                |
| TEL             |           |                      |                |
| ECOMMUNICATIONS |           |                      |                |
| SERVICES        |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| International   | ISP-PDR   | Miscellaneous        | See e.g.,      |
| Special         |           | requests for         |                |
| Projects (ISP)  |           | Commission action,   | 47 U.S.C.§     |
| \--             |           | including by common  |                |
|                 |           | carrier radio and    | 310(b)(4);     |
| Petition for    |           | aeronautical radio   |                |
| Declaratory     |           | applicants and       | 47 C.F.R.§1.2  |
| Ruling          |           | licensees to request |                |
|                 |           | authority before     | 47             |
|                 |           | accepting indirect   | C.F.R.§63.13   |
|                 |           | foreign ownership in |                |
|                 |           | excess of the 25%    |                |
|                 |           | benchmark of Section |                |
|                 |           | 310(b)(4) of the     |                |
|                 |           | Communications Act   |                |
|                 |           | of 1934, as amended; |                |
|                 |           | and by international |                |
|                 |           | common carriers to   |                |
|                 |           | request a change in  |                |
|                 |           | regulatory status    |                |
|                 |           | from dominant to     |                |
|                 |           | non-dominant for a   |                |
|                 |           | particular route.    |                |
+-----------------+-----------+----------------------+----------------+
| International   | ISP-AMD   | Amendment of an      | See e.g.,      |
| Special Project |           | ISP-PDR to correct   |                |
| (ISP)           |           | information required | 47 U.S.C.§     |
| --Amendments    |           | for the processing   |                |
|                 |           | of the original      | 310(b)(4);     |
|                 |           | Petition for         |                |
|                 |           | Declaratory Ruling.  | 47 C.F.R.§1.2  |
|                 |           |                      |                |
|                 |           |                      | 47             |
|                 |           |                      | C.F.R.§63.13.  |
+-----------------+-----------+----------------------+----------------+
| International   | TBD       | Request to waive the | §1.3           |
| Special Project |           | Commission's rules   |                |
| ISP \-- Other   |           | for international    |                |
| Filings         |           | common carriers      |                |
|                 |           | (other than waiver   |                |
|                 |           | of the international |                |
|                 |           | settlements policy). |                |
+-----------------+-----------+----------------------+----------------+
| DATA NETWORK    |           |                      |                |
| IDENTIFICATION  |           |                      |                |
| CODE            |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Data Network    | TBD       | Notification of      |                |
| Identification  |           | miscellaneous items. |                |
| Codes (DNC) \-- |           |                      |                |
| Other Filings   |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Data Network    | TBD       | Request for          | R&O in Docket  |
| Identification  |           | reassignment of the  |                |
| Codes (DNC) \-- |           | DNC when one company | 83-1230        |
| Code            |           | acquires the         |                |
| Re-Assignment   |           | packet-switched      | 104 FCC 2d     |
|                 |           | operations of        | 208, 7378-80   |
|                 |           | another company, or  | paras, 70-77   |
|                 |           | when a company       | (1986),        |
|                 |           | reorganizes.         | *recon. grtd   |
|                 |           |                      | in part*,      |
|                 |           |                      |                |
|                 |           |                      | 2 FCC Rcd 7375 |
|                 |           |                      | (1987)         |
+-----------------+-----------+----------------------+----------------+
| Data Network    | TBD       | Request to surrender | R&O in Docket  |
| Identification  |           | its DNC code for     |                |
| Codes (DNC) \-- |           | reassignment when a  | 83-1230        |
| Code Surrender  |           | company operating a  |                |
|                 |           | packet-switched      | 104 FCC 2d 208 |
|                 |           | network ceases       | (1986),        |
|                 |           | operations.          | *recon. grtd   |
|                 |           |                      | in part*,      |
|                 |           |                      |                |
|                 |           |                      | 2 FCC Rcd 7375 |
|                 |           |                      | (1987)         |
+-----------------+-----------+----------------------+----------------+
| FOREIGN CARRIER |           |                      |                |
| NOTIFICATION    |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Foreign Carrier | TBD       | Notification of      | §63.11         |
| Affiliation     |           | miscellaneous items. |                |
| Notification    |           |                      | §1.768         |
| \-- (FCN) Other |           |                      |                |
| Filings         |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| RECOGNIZED      |           |                      |                |
| OPERATING       |           |                      |                |
| AGENCY STATUS   |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| Recognized      | TBD       | Notification of      | International  |
| Operating       |           | miscellaneous items. | Tele           |
| Agency (ROA)    |           |                      | communications |
| \-- Other       |           |                      | Convention     |
| Filings         |           |                      |                |
|                 |           |                      | §63.701        |
|                 |           |                      |                |
|                 |           |                      | R&O in Docket  |
|                 |           |                      |                |
|                 |           |                      | 83-1230        |
|                 |           |                      |                |
|                 |           |                      | 104 FCC 2d     |
|                 |           |                      | 208, 245-53,   |
|                 |           |                      | paras. 55-61   |
|                 |           |                      | (1986), *recon |
|                 |           |                      | grtd in part*, |
|                 |           |                      | 2 FCC Rcd 7375 |
|                 |           |                      | (1987)         |
+-----------------+-----------+----------------------+----------------+
| INTERNATIONAL   |           |                      |                |
| SIGNALING POINT |           |                      |                |
| CODE            |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| International   | TBD       | Notification of      | ITU-T          |
| Signaling Point |           | miscellaneous items. | Recommendation |
| Code (SPC) \--  |           |                      | Q.708          |
| Other Filings   |           |                      |                |
+-----------------+-----------+----------------------+----------------+
| International   | TBD       | Notification of the  | ITU-T          |
| Signaling Point |           | date your SPC was    | Recommendation |
| Code (SPC) \--  |           | implemented. A Code  | Q.708          |
| Notification of |           | assignment that has  |                |
| Signaling Point |           | not been implemented |                |
| Code            |           | within a 12 month    |                |
| Implementation  |           | period must be       |                |
|                 |           | returned to this     |                |
|                 |           | Administrator for    |                |
|                 |           | reassignment         |                |
|                 |           | pursuant to the      |                |
|                 |           | guidelines.          |                |
+-----------------+-----------+----------------------+----------------+
| International   | TBD       | Notification that    | ITU-T          |
| Signaling Point |           | you no longer        | Recommendation |
| Code (SPC) \--  |           | require your SPC and | Q.708          |
| Inactivation of |           | that you are         |                |
| Signaling Point |           | returning it to the  |                |
| Codes           |           | Administrator for    |                |
|                 |           | reassignment.        |                |
+-----------------+-----------+----------------------+----------------+

**APPENDIX C**

**PROPOSED RULES**

Parts 1, 63, and 64 of the Commission's rules are amended as follows:

**PART 1 -- PRACTICE AND PROCEDURE**

1.  The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and
325(e).

2.  Section 1.767(a) is amended by revising paragraph (a) to read as
    follows:

**[§ 1.767 Cable landing licenses.]{.underline}**

\(a\) 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
accordance with the provisions of that Executive Order. Applications
must be filed electronically through the International Bureau Filing
System (IBFS). For information on IBFS filing procedures, see generally
part 1, subpart Y, particularly §1.10009, and the IBFS homepage at
[*www.fcc.gov/ibfs*](http://www.fcc.gov/ibfs). These applications should
contain the information below:

\(1\) \* \* \*

> \* \* \* \* \*

3.  Section 1.10000 is amended by adding a new paragraph (f) and
    redesignating paragraphs (f) and (g) as (g) and (h), to read as
    follows:

**[§ 1.10000 What is the purpose of these rules?]{.underline}**

\* \* \* \* \*

\(f\) These rules require electronic filing for all international
section 214 authority, submarine cable landing licenses, other
applications for international telecommunications services, and
associated filings for which electronic forms are available through
IBFS.

\* \* \* \* \*

4.  Section 1.9006 is amended to read as follows:

**[§ 1.10006 Is electronic filing mandatory?]{.underline}**

\* \* \* \* \*

Electronic filing through the International Bureau Filing System (IBFS)
is mandatory for (a) satellite license applications other than DBS and
DARS applications, (b) applications for earth stations to access a
non-U.S. satellite not currently authorized to provide the proposed
service in the proposed frequencies in the United States, (c) routine
earth station applications, (d) international accounting rate change
filings, (e) applications related to submarine cable landing license
applications, (f) requests for assignment of data network identification
codes, (g) foreign carrier affiliation notification filings, (h)
applications related to international section 214 applications, (i)
international signaling point code filings, and (j) recognized operating
agency filings. Except for these applications, electronic filing is
voluntary at this time. However, we encourage you to use IBFS to
increase time-savings and efficiencies.

\* \* \* \* \*

**PART 63 -- EXTENSION OF LINES, NEW LINES AND DISCONTINUANCE,
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS: AND
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS**

Authority: Sections 1, 4(i), 4(j), 10, 11, 201, 205, 214, 218, 403 and
651 of the

Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j),
160,

201, 205, 214, 218, 403, and 571, unless otherwise noted.

5.  Section 63.11 is amended by revising paragraph (g) to read as
    follows:

**[§ 63.11 Notification by and prior approval for U.S. international
carriers that are or propose to become affiliated with a foreign
carrier.]{.underline}**

\* \* \* \* \*

\(g\) You must submit your notification electronically through the
International Bureau Filing System (IFBS). For additional information on
IBFS filing procedures, refer to the rules in part 1, subpart Y, of this
chapter and the IBFS homepage at www.fcc.gov/ibfs. .

\* \* \* \* \*

6.  Section 63.18 is amended by revising the introductory paragraph to
    read as follows

**[§63.18 Contents of applications for international common
carriers.]{.underline}**

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 communications services between the United States, its
territories or possessions, and a foreign point shall request such
authority by formal application. The application shall be filed
electronically through the International Bureau Filing System (IBFS).
For information on IBFS filing procedures, see generally part 1, subpart
Y, particularly §1.10009, and the IBFS homepage at
[www.fcc.gov/ibfs](http://www.fcc.gov/ibfs). The application shall be
accompanied by a statement showing how the grant of the application will
serve the public interest, convenience, and necessity. Such statement
shall consist of the following information, as applicable:

\* \* \* \* \*

7.  Section 63.20 is amended by revising the title and paragraph (a) to
    read as follows:

**[§ 63.20 Fees and filing periods for international service
providers.]{.underline}**

\(a\) Each application shall be accompanied by the fee prescribed in
subpart G of part 1 of this chapter.

\* \* \* \* \*

8.  Section 63.21 is amended by revising paragraphs (a), (h) and (i) to
    read as follows:

**[§ 63.21 Conditions applicable to all international Section 214
authorizations.]{.underline}**

\* \* \* \* \*

\(a\) Each carrier is responsible for the continuing accuracy of the
certifications made in its application. Whenever the substance of any
such certification is no longer accurate, the carrier shall as promptly
as possible and, in any event, within thirty days, electronically file
with the Commission through the International Bureau Filing System
(IBFS) a corrected certification referencing the FCC file number under
which the original certification was provided. The information may be
used by the Commission to determine whether a change in regulatory
status may be warranted under § 63.10. See also § 63.11.

\(b\) \* \* \*

\* \* \* \* \*

\(h\) Subject to the requirement of § 63.10 that a carrier regulated as
dominant along a route must provide service as an entity that is
separate from its foreign carrier affiliate, and subject to any other
structural-separation requirement in Commission regulations, an
authorized carrier may provide service thorough any wholly owned direct
or indirect subsidiaries. The carrier shall, within 30 days after the
subsidiary begins providing service, electronically file a notification
with the Commission through IBFS referencing the authorized carrier's
name and the FCC file numbers under which the carrier's authorizations
were granted and identifying the subsidiary's name and place of legal
organization. This provision shall not be construed to authorize the
provision of service by any entity barred by statute or regulation from
itself holding an authorization or providing service.

\(i\) An authorized carrier, or a subsidiary operating pursuant to
paragraph (h) of this section, that changes its name (including the name
under which it is doing business) shall electronically notify the
Commission within 30 days of the name change. Such notification shall
reference the FCC file numbers under which the carrier's authorizations
were granted.

\* \* \* \* \*

9.  Section 63.24 is amended by revising paragraphs (e)(4) and (f)(2) to
    read as follows:

**[§ 63.24 Assignments and transfers of control.]{.underline}**

\* \* \* \* \*

\(e\) \* \* \*

\(l\) \* \* \*

\(2\) \* \* \*

\(3\) \* \* \*

(4)An assignee or transferee shall electronically notify the Commission
through the International Bureau Filing System (IBFS) no later than 30
days after either consummation of the proposed assignment or transfer of
control, or a decision not to consummate the proposed assignment or
transfer of control. The notification shall identify the file numbers
under which the initial authorization and the authorization of the
assignment or transfer of control were granted.

\* \* \* \* \*

\(f\) \* \* \*

\(i\) \* \* \*

\(2\) A [pro forma]{.underline} assignee or a carrier that is subject to
a [pro forma]{.underline} transfer of control shall electronically
notify the Commission of such [pro forma]{.underline} transfer through
the International Filing System (IBFS) no later than 30 days after the
assignment or transfer is completed. The notification must contain the
following:

\(i\) \* \* \*

\(ii\) \* \* \*

\(3\) \* \* \*

\(4\) \* \* \*

\* \* \* \* \*

10. Section 63.25 is amended by revising paragraphs (b) and (d)(2) to
    read as follows:

**[§ 63.25 Special provisions relating to temporary or emergency service
by international carriers.]{.underline}**

\* \* \* \* \*

\(b\) Requests for immediate authority for temporary service or for
emergency service are required to be filed electronically through the
International Bureau Filing System (IBFS) setting forth why such
immediate authority is required, the nature of the emergency, the type
of facilities proposed to be used, the route kilometers thereof, the
terminal communities to be served, and airline kilometers between such
communities; how these points are currently being served by the
applicant or other carriers, the need for the proposed service, the cost
involved including any rentals, the date on which the service is to
begin, and where known, the date or approximate date on which the
service to is terminate. For information on IBFS filing procedures, see
generally part 1, subpart Y, particularly §1.10009, and the IBFS
homepage at [www.fcc.gov/ibfs](http://www.fcc.gov/ibfs).

\(c\) \* \* \*

\(d\) \* \* \*

\(1\) \* \* \*

\(2\) Such request is required to be filed electronically through the
International Bureau Filing System (IBFS) making reference to this
paragraph and setting forth the points between which applicant desires
to operate facilities of other carriers and the nature of the traffic to
be handled. For information on IBFS filing procedures, see generally
part 1, subpart Y, particularly §1.10009, and the IBFS homepage at
[www.fcc.gov/ibfs](http://www.fcc.gov/ibfs).

\* \* \* \* \*

11. Section 63.50 is amended to read as follows:

**[§ 63.50 Amendment of applications]{.underline}**.

Any application may be amended as a matter of right prior to the date of
any final action taken by the Commission or designation for hearing.
Amendments to applications shall be filed electronically through the
International Bureau Filing System (IBFS). For information on IBFS
filing procedures, see generally part 1, subpart Y, particularly
§1.10009, and the IBFS homepage at
[www.fcc.gov/ibfs](http://www.fcc.gov/ibfs)*.* If a petition to deny or
other formal objections have been filed to the application, the
amendment shall be served on the parties.

\* \* \* \* \*

12. Section 63.51(c) is amended to read as follows:

**[§ 63.51 Additional Information]{.underline}**.

\(c\) You must submit electronically through the International Bureau
Filing System (IBFS) any additional information which the Commission may
require.

\* \* \* \* \*

13. Section 63.53 is amended to read as follows:

**[§ 63.53 Form.]{.underline}**

Applications for international service under Section 214 of the
Communications Act must be filed electronically on the Internet through
the International Bureau Filing System (IBFS). You are not required to
send the original or any copies with your fee payment. For information
on filing your application through IBFS, see part 1, subpart Y of this
Chapter, and the IBFS homepage at
[www.fcc.gov/ibfs](http://www.fcc.gov/ibfs).

\* \* \* \* \*

14. Section 63.701 is amended by revising the introductory paragraph to
    read as follows:

**[§ 63.701 Contents of Application.]{.underline}**

Except as otherwise provided in this part, any party requesting
designation as a recognized operating agency within the meaning of the
International Telecommunication Convention shall request such
designation. Such designation is required to be filed electronically
through the International Bureau Filing System (IBFS). For information
on IBFS filing procedures, see generally part 1, subpart Y, particularly
§1.10009, and the IBFS homepage at
[www.fcc.gov/ibfs](http://www.fcc.gov/ibfs)*.* A request for designation
as a recognized operating agency within the meaning of the International
Telecommunication Convention shall include a statement of the nature of
the services to be provided and a statement that the applicant is aware
that it is obligated under Article 6 of the ITU Constitution to obey the
mandatory provisions thereof, and all regulations promulgated
thereunder, and a pledge that it will engage in no conduct or operations
that contravene such mandatory provisions and that it will otherwise
obey the Convention and regulations in all respects. The applicant must
also include a statement that it is aware that failure to comply will
result in an order from the Federal Communications Commission to cease
and desist from future violations of an ITU regulation and may result in
revocation of its recognized private operating agency status by the
United States Department of State. Such statement must include the
following information where applicable:

\* \* \* \* \*

**PART 64 -- MISCLLANEOUS RULES RELATING TO COMMON CARRIERS.**

Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Public Law
104--104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 225, 226,
228, and 254(k) unless otherwise noted.

15. Section 64.1001 is amended by revising paragraph (b) to read as
    follows:

**[§ 64.1001 Requests to modify international settlement
arrangements]{.underline}.**

\(b\) The procedures set forth in this rule apply to carriers that are
required to file with the International Bureau, pursuant to § 43.51(e)
of this chapter, requests to modify international settlement
arrangements. Any operating agreement or amendment for which a
modification request is required to be filed cannot become effective
until the modification request has been granted under paragraph (e) of
this section. You are required to file a modification electronically
through the International Bureau Filing System (IBFS). For information
on filing your notification through IBFS, see part 1, subpart Y, and the
IBFS homepage at www.fcc.gov/ibfs.

\(b\) \*\*\*

\* \* \* \* \*

16. Section 64.1002 is amended by revising paragraph (c) to read as
    follows:

\[NOTE: § 64.1002 was adopted in *International Settlements Policy
Reform; International Settlement Rates,* IB Docket Nos. 02-324 and
96-21, First Report and order, FCC 04-53 (rel. March 30, 2004). The rule
section contains information collections, and the Commission is awaiting
approval of the information collections by the Office of Management and
Budget.\]

**[§ 64.1002 International settlements policy.]{.underline}**

\* \* \* \* \*

\(c\) A carrier that seeks to add a U.S. international route to the list
of routes that are exempt from the international settlements policy
shall make its request in writing to the International Bureau,
accompanied by a showing that a U.S. carrier has entered into a
benchmark-compliant settlement rate agreement with a foreign carrier
that possesses market power in the country at the foreign end of the
U.S. international route that is the subject of the request. The
required showing shall consist of an effective accounting rate
modification, filed pursuant to § 64.1001 of this part, that includes a
settlement rate that is at or below the Commission's benchmark
settlement rate adopted for that country in IB Docket No. 96-261, Report
and Order, 12 FCC Rcd 19,806, 62 FR 45758, Aug. 29, 1997, available on
the International Bureau's World Wide Web site at
<http://www.fcc.gov/ib>. The request is required to be filed
electronically through the International Bureau Filing System (IBFS).
For information on IBFS filing procedures, see generally part 1, subpart
Y, particularly §1.10009, and the IBFS homepage at
[www.fcc.gov/ibfs](http://www.fcc.gov/ibfs)*.*

[^1]: This NPRM does not address Satellite filings, International
    Broadcast filings, or International Fixed Public Radio filings. We
    also note that we have recently sought comment on whether to require
    that international traffic and revenue reports, 47 C.F.R. 43.61, and
    circuit status reports, 43 C.F.R. 43.42, be filed electronically.
    *See Reporting Requirements for U.S. Providers of International
    Telecommunications Services*, IB Docket No. 04-112, Notice of
    Proposed Rulemaking, FCC 04-70, 19 FCC Rcd 6460, paras. 76-78
    (2004).

[^2]: Accounting rate changes, requests for assignment of a data network
    identification code, foreign carrier notifications, section 214
    authorizations, submarine cable landing licenses, requests for
    recognized operating agency status, and requests for assignment of
    an international signaling point code are subsystems of the
    International Bureau Filing System (IBFS) and represent specific
    service categories.

[^3]: *See The New International Bureau File Number Format*, Public
    Notice, 13 FCC Rcd 16197 (1998).

[^4]: IBFS can be accessed via <http://www.fcc.gov/ibfs>, which is the
    IBFS website, or via the International Bureau's homepage at
    <http://www.fcc.gov/ib>.

[^5]: The International Bureau recently announced the design phase for
    further enhancements of IBFS, along with scheduled meetings with
    members of the industry who wish to participate in the process of
    redesigning various components of IBFS. *International Bureau
    Launches Design Phase of Enhancements to Its Electronic Filing
    System, IBFS*, Public Notice, DA 03-3655, rel. Nov. 14, 2003 and
    *International Bureau Hosts Design Sessions for the New, Enhanced
    Filing System, MYIBFS,* Public Notice, 18 FCC Rcd 25055 (2003). The
    International Bureau's new, enhanced filing system will be known as
    MyIBFS, and it will ultimately replace the existing IBFS. The MyIBFS
    webpage is located at <http://www.fcc.gov/ib>.

[^6]: *See International Bureau Filing System (IBFS),* Order, 19 FCC Rcd
    4575 (2004).

[^7]: The Commission has adopted mandatory electronic filing
    requirements in several other contexts. *See Wireline Competition
    Bureau Initiates Electronic Filing of Automated Reporting Management
    Information System (ARMIS) Data and Associated Documents by
    Incumbent Local Exchange Carriers,* Public Notice, 18 FCC Rcd 3245
    (Wireline Comp. Bur., 2003); *In the Matter of Amendment of the
    Commission's Space Station Licensing Rules and Policies and 2000
    Biennial Regulatory Review (Part 25),* IB Docket Nos. 02-34 and
    00-248, Third Report and Order and Second Further Notice of Proposed
    Rulemaking*,* 18 FCC Rcd 13486 (2003), para. 64 (adopting mandatory
    electronic filing for routine C- and Ku-band earth station
    applications), para. 66 (adopting mandatory electronic filing for
    space station applications); and Fourth Report and Order, 19 FCC Rcd
    7419 (2004) (adopting mandatory electronic filing for all satellite
    and earth station filings). *In the Matter of Amendment of Part 5 of
    the Commission's Rules to Require Electronic Filing of Applications
    for Experimental Radio Licenses and Authorizations,* Order, 18 FCC
    Rcd 16966 (2003); *Amendment of the Commission's Rules for
    Implementation of its Cable Operations and Licensing System (COALS)
    to Allow for Electronic Filing,* CS Docket No. 00-78, Report and
    Order, 19 FCC Rcd 5162 (2003); *Wireless Telecommunications Bureau
    (WTB) Extends Mandatory Electronic Filing Date,* Public Notice, 15
    FCC Rcd 15692 (WTB, 2000); *1998 Biennial Review -- Streamlining of
    Mass Media Applications, Rules and Processes,* MM Docket No. 98-43,
    13 FCC Rcd 23056, 23060 para. 8 (1998); *and Electronic Tariff
    Filing System (ETFS),* Order, 13 FCC Rcd 12335 (Com. Car. Bur.,
    1998).

[^8]: It is estimated that the additional processing time for a manual
    filing could be ten to fourteen days. This estimate is based on the
    delays associated with the mail service and the manual entry of the
    data into IBFS. Filings that require fee payments can be expedited
    as well because IBFS permits users to pay their fees electronically
    by credit card.

[^9]: *See Implementation of Interim Electronic Filing Procedures for
    Certain Commission Filings*, Order, 16 FCC Rcd 21483 (2001). Also,
    *FCC Announces a New Filing Location for Paper Documents and A New
    Fax Number For General Correspondence*, Public Notice, 16 FCC Rcd
    22165 (2001).

[^10]: Derived from information contained in the International Bureau
    Filing System database.

[^11]: *Id.*

[^12]: *Id.*

[^13]: *Id.*

[^14]: The proposed rules are attached at Appendix C.

[^15]: *2000 Biennial Regulatory Review---Amendment of the Commission's
    Space Station Licensing Rules and Policies,* Fourth Report and
    Order, 19 FCC Rcd 7419 (2004).

[^16]: The Commission recently initiated a proceeding that seeks comment
    on whether to require that carriers submit their traffic and revenue
    data and circuit-status data electronically. *See Reporting
    Requirements for U.S Providers of International Telecommunications
    Services, Amendment of Part 43 of the Commission's Rules,* IB Docket
    No. 04-112, Notice of Proposed Rulemaking, FCC 04-70, 19 FCC Rcd
    6460, paras. 76-78 (2004).

[^17]: 47 C.F.R. § 0.459 (2003).

[^18]: *See* 47 C.F.R. § 0.459(b).

[^19]: *See* 47 C.F.R. § 0.461 (2003); 5 U.S.C. § 552.

[^20]: See 47 C.F.R. § 0.461(f)(4).

[^21]: *See* 47 C.F.R. §§ 0.457(d)(1) and 0.457(d)(2)(i). The latter
    section provides that a request to see confidential information must
    make a "persuasive showing" as to the reasons such confidential
    materials should be made available.

[^22]: The International Bureau is developing a number of new electronic
    forms for both satellite and international telecommunications
    subsystems in the International Bureau Filing System (IBFS).

[^23]: *See* 47 C.F.R. § 1.3 (2003)

[^24]: *See WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969).

[^25]: 47 C.F.R. §§ 1.1200, 1.1206; *Amendment of 47 C.F.R. § 1.1200 et
    seq. Concerning Ex Parte Presentations in Commission Proceedings*,
    GC Docket No. 95-21, Report and Order, 12 FCC Rcd 7348 (1997).

[^26]: 47 C.F.R. § 1.1206(b)(2).

[^27]: The RFA, *see* 5 U.S.C. §§ 601 -- 602, has been amended by the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
    Publ. L. No. 104-121, Title II, 110 Stat. 857 (1996).

[^28]: 5 U.S.C. § 605(b).

[^29]: 5 U.S.C. § 601(6).

[^30]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such terms which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^31]: 15 U.S.C. § 632.

[^32]: *See* *supra* at III.

[^33]: *See* 5 U.S.C. § 603(a).

[^34]: *Id.*

[^35]: 47 C.F.R. § 1.49.

[^36]: *See* *Examination of Current Policy Concerning the Treatment of
    Confidential Information Submitted to the Commission*, Report and
    Order, 13 FCC Rcd 24816 (1998), Order on Reconsideration, 14 FCC Rcd
    20128 (1999).

[^37]: *See* 47 C.F.R. § 0.461; 5 U.S.C. § 552.