**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Parts 1, 43, and 63 )

of the Commission's Rules )

)

# ORDER

**Adopted: November 29, 2001 Released: December 5, 2001**

By the Managing Director:

1.  By this Order, we amend several sections of the Commission's rules.
    First, we amend section 43.61(a)(1), 47 C.F.R. § 43.61(a)(1), to
    remove the reference to former section 64.1002, 64 C.F.R. § 64.1002.
    We remove the reference to section 64.1002 because this section no
    longer exists.[^1] Second, we amend section 63.24(b), 47 C.F.R. §
    63.24(b), to remove the reference to paragraph (c) of that section.
    We remove the reference to paragraph (c) in section 63.24(b) because
    there is no paragraph (c) in section 63.24. The reference was
    inadvertently included when the Commission adopted the final
    rule.[^2] Third, we revise the heading for section 63.52, 47 C.F.R.
    § 63.52. The section heading was adopted with the final rules, but
    the section heading was never revised to reflect the correct
    heading.[^3] Finally, we delete section 1.813, 47 C.F.R. § 1.813.
    The reporting requirements referenced in section 1.813 were
    eliminated.[^4] Thus, section 1.813 should be removed from the
    Commission's rules to eliminate confusion.

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2.  Because the rule amendment adopted here is a matter of agency
    practice and procedure, compliance with the notice and comment and
    effective date provisions of the Administrative Procedure Act is not
    required.[^5]

3.  Accordingly, pursuant to section 0.231(b) of the Commission's rules,
    47 C.F.R.§ 0.231(b), IT IS ORDERED that sections 1.813, 43.61(a)(1),
    63.24(b), and 63.52 of the Commission's Rules are AMENDED in the
    manner indicated in the attached appendix, to be effective upon
    publication in the Federal Register.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Andrew S. Fishel
>
> Managing Director

APPENDIX

# 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 1.813 is removed.

\*\*\*\*\*

PART 43 -- REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN
AFFILIATES

3\. The authority citation for part 43 continues to read as follows:

Authority: 47 U.S.C. 154; Telecommunications Act of 1996, Pub. L.
104-104, secs. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as amended unless
otherwise noted. 47 U.S.C. 211, 219, 220 as amended.

4\. Section 43.61 is amended by revising paragraph (a)(1) to read as
follows:

§ [43.61 Reports of international telecommunications
traffic]{.underline}.

> \(a\) \*\*\*

(1) The information contained in the reports shall include actual
    traffic and revenue data for each and every service provided by a
    common carrier, divided among service billed in the United States,
    service billed outside the United States, and service transiting the
    United States.

\*\*\*\*\*

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

5\. The authority citation for part 63 continues to read as follows:

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.

6\. Section 63.24 is amended by revising paragraph (b) to read as
follows:

§ [63.24 Pro forma assignments and transfers of control]{.underline}.

\*\*\*\*\*

\(b\) A [pro forma]{.underline} assignment or transfer of control of an
authorization to provide international telecommunications service is not
subject to the requirements of § 63.18. A [pro forma]{.underline}
assignee or a carrier that is the subject of a [pro forma]{.underline}
transfer of control is not required to seek prior Commission approval
for the transaction. A [pro forma]{.underline} assignee must notify the
Commission no later than 30 days after the assignment is consummated.
The notification may be in the form of a letter (in duplicate to the
Secretary), and it must contain a certification that the assignment was
[pro forma]{.underline} as defined in paragraph (a) of this section and,
together with all previous [pro forma]{.underline} transactions, does
not result in a change of the carrier\'s ultimate control. A single
letter may be filed for an assignment of more than one authorization if
each authorization is identified by the file number under which it was
granted.

7.  Section 63.52 is amended by revising the section heading to read as
    follows:

§ 63.52 [Copies required; fees; and filing periods for domestic
authorizations]{.underline}.

\*\*\*\*\*

[^1]: *See* 1998 Biennial Regulatory Review -- Reform of the
    International Settlements Policy, IB Docket Nos. 98-148, 95-22, and
    CC Docket No. 90-337, Report and Order and Order on Reconsideration,
    14 FCC Rcd 7963 (1999), paras. 75-81 (removing section 64.1002 of
    the rules, "Alternative Settlement Arrangements").

[^2]: *See* 1998 Biennial Regulatory Review -- Review of International
    Common Carrier Regulations, IB Docket Nos. 98-118, Report and Order,
    14 FCC Rcd 4909 (1999), Appendix B, Final Rules.

[^3]: *See* Streamlining the International Section 214 Authorization
    Process and Tariff Requirements, IB Docket No. 95-118, Report and
    Order, 11 FCC Rcd 12884 (1996), Appendix A, Final Rules.

[^4]: *See* Amendment of Sections 43.51, 43.52, 43.53, 43.54 and 43.74
    of the Commission's Rules To Eliminate Certain Reporting
    Requirements, CC Docket No. 85-346, Report and Order, 1 FCC Rcd 933
    (1986).

[^5]: 5 U.S.C. § 553(b)(A).