*Pages 1--24 from  Microsoft Word - 39807*
 Federal  Communications  Commission  FCC  04-  133 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  matter  of 
 Mandatory  Electronic  Filing  For  International  Telecommunications 
 Services  And  Other  International  Filings 

 )  ) 
 )  ) 
 )  ) 
 )  ) 
 ) 

 IB  Docket  No.  04-  226 

 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: 
 I.  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  Commissions  goals  to  increase  the 

 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  (continued....) 
1
 Federal  Communications  Commission  FCC  04-  133 
 2 
 efficiency  of  our  application  processing  and  to  expedite  the  availability  of  the  application  information  for  public  use  and  inspection. 
 II.  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  Commissions  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  Commissions  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 

 (...  continued  from  previous  page)  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  Bureaus  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  Bureaus  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  Commissions  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  Commissions 
 Rules  to  Require  Electronic  Filing  of  Applications  for  Experimental  Radio  Licenses  and  Authorizations,  Order,  18  FCC  Rcd  16966  (2003);  Amendment  of  the  Commissions  Rules  for  Implementation  of  its  Cable  Operations  and 
 (continued....) 
2
 Federal  Communications  Commission  FCC  04-  133 
 3 
 We  now  consider  whether  to  require  electronic  filing  of  all  international  applications  and  international  reports. 
 III.  DISCUSSION 
 A.  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 

 (...  continued  from  previous  page)  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). 
3
 Federal  Communications  Commission  FCC  04-  133 
 4 
 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 

 B.  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 
 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. 
4
 Federal  Communications  Commission  FCC  04-  133 
 5 
 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. 
 C.  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  Commissions  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 

 15  2000  Biennial  Regulatory  Review  Amendment  of  the  Commissions  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  Commissions  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). 
5
 Federal  Communications  Commission  FCC  04-  133 
 6 
 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 
 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). 
6
 Federal  Communications  Commission  FCC  04-  133 
 7 
 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. 
 IV.  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. 
 V.  PROCEDURAL  MATTERS 
 A.  Ex  Parte  Presentations 
 21.  This  proceeding  shall  be  treated  as  a  permit-  but-  disclose  proceeding  in  accordance  with  the  Commissions  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 
 Commissions  rules  as  well. 
 B.  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 

 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). 
7
 Federal  Communications  Commission  FCC  04-  133 
 8 
 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 
 C.  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 
 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. 
8
 Federal  Communications  Commission  FCC  04-  133 
 9 
 the  proper  performance  of  the  functions  of  the  Commission,  including  whether  the  information  shall  have  practical  utility;  (b)  the  accuracy  of  the  Commissions  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. 
 D.  Comment  Filing  Procedures 
 26.  Pursuant  to  sections  1.415  and  1.419  of  the  Commissions  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  Commissions  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  Commissions  mail  contractor,  NATEK,  Inc.,  will  receive  hand-delivered  or  messenger-  delivered  paper  filings  for  the  Commissions  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  Commissions  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  commenters  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 
 partys  pleadings,  preferably  in  a  single  electronic  file. 
9
 Federal  Communications  Commission  FCC  04-  133 
 10 
 30.  All  parties  must  file  one  copy  of  each  pleading  electronically  or  by  paper  to  each  of  the  following: 
 (1)  The  Commissions  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. 
 (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.  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  Commissions 
 Electronic  Filing  System  (ECFS)  accessible  on  the  Commissions  World  Wide  Website,  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  Commissions  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 

 35  47  C.  F.  R.    1.49. 
10
 Federal  Communications  Commission  FCC  04-  133 
 11 
 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  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  Commissions  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. 

 VI.  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  Commissions  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 

 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. 
11
 Federal  Communications  Commission  FCC  04-  133 
 12 
 APPENDIX  A 
 ELECTRONIC  FORMS  CURRENTLY  AVAILABLE 

 Name  of  Filing  IBFS  Abbreviation  Brief  Description  Rule  Section 
 INTERNATIONAL  SECTON  214  AUTHORIZATION 
 International  Telecommunications 

 Certificate  (ITC)  --  Authorization 
 Application 

 ITC-  214  Application  for  authorization  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  U.  S.,  its  territories  or  possessions, 
 and  a  foreign  point,  shall  request  such  authority  by 
 formal  application. 

 63.12  63.18 
 63.20 

 International  Telecommunications 
 Certificate  (ITC)  --  Special  Temporary 
 Authority 

 ITC-  STA  Application  for  immediate  authority  for  temporary 
 service  or  for  emergency  service  (Special  Temporary 
 Authority). 

 63.25 

 SUBMARINE  CABLE  LANDING  LICENSE 
 Submarine  Cable  Landing  License 

 (SCL)    Application 
 SCL-  LIC  Application  for  authorization  to  land  one  or  both  ends  of  a 
 cable  in  the  territorial  waters  of  the  U.  S. 
 1.767 

 ACCOUNTING  RATE  CHANGE 
 International  Accounting  Rate 

 Change  (ARC) 
 ARC-  MOD  Request  to  initiate  or  modify  an  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. 

 64.1001 

 DATA  NETWORK  IDENTIFICATION  CODE 
 Request  for  Assignment  of  Data 

 Network  Identification  Code 
 (DNC) 

 DNC-  NEW  Request  by  any  public  network  that  wishes  to 
 operate  on  an  X.  25  packet  switch  protocol  and  which 
 interconnects  with  another  data  network  through  an 
 X.  70  interface,  as  detailed  in  the  rules. 

 R&  O  in  Docket  83-  1230 
 104  FCC  2d  208,  262-  7,  paras.  70-  77 
 (1986),  recon.  grtd  in  part, 
 2  FCC  Rcd  7375,  7378-  80  paras.  26- 
12
 Federal  Communications  Commission  FCC  04-  133 
 13 
 Name  of  Filing  IBFS  Abbreviation  Brief  Description  Rule  Section 
 34  (1987) 
 FOREIGN  CARRIER  NOTIFICATION 
 Foreign  Carrier  Affiliation 

 Notification  (FCN) 
 FCN-  NEW  Notification  by  an  authorized  international 
 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. 

 63.11  1.768 

 RECOGNIZED  OPERATING  AGENCY  STATUS 
 Recognized  Operating  Agency  Filings 

 (ROA) 
 ROA-  NEW  Mandatory  filing  for  any  individual  or  corporation, 
 other  than  a  government  establishment,  that  seeks 
 recognition  to  operate  an  international  public 
 correspondence  or  radio  service  capable  of  causing 
 harmful  interference  and  upon  which  are  imposed 
 obligations  provided  for  in  Article  44  of  the 
 International  Telecommunications 
 Convention. 

 International  Telecommunications 
 Convention  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  Signaling  Point  Code 

 Filings  (SPC) 
 SPC-  NEW  Request  for  assignment  of  International  Signaling  Point 
 Codes  (ISPCs)  for  Signaling  System  No.  7. 
 ITU-  T  Recommendation 
 Q.  708 
13
 Federal  Communications  Commission  FCC  04-  133 
 14 
 APPENDIX  B 
 ELECTRONIC  FORMS  REQUIRING  DEVELOPMENT 

 Name  of  Filing  IBFS  Abbreviation  Brief  Description  Rule  Section 
 INTERNATIONAL  SECTION  214  AUTHORIZATION 
 International  Telecommunications 

 Certificate  (ITC)  --  Amendment 
 ITC-  AMD  Amendment  of  an  application  to  correct 
 information  required  for  the  processing  of  the  original 
 application. 

 63.50  1.65 

 International  Telecommunications 
 Certificate  (ITC)    Assignment 
 ITC-  ASG  Application  for  assignment  of  an  authorization,  or  a 
 portion  of  it,  from  one  entity  to  another.  Following  an 
 assignment,  the  authorization  will  usually  be 
 held  by  an  entity  other  than  the  one  to  which  it  was 
 originally  granted. 

 63.24(  b) 

 International  Telecommunications 
 Certificate  (ITC)  --  BOC  Notification 
 ITC-  BOC  Notification  filed  by  a  Bell  Operating  Company  (BOC) 
 (or  a  BOC  affiliate)  that  it  has  begun  providing 
 interLATA  service  in  that  state  for  which  they  have 
 received  conditional  approval. 

 R&  O  in  IB  Docket  00-  231,  17  FCC  Rcd 
 11416,  para.  45  (2002) 
 271. 

 International  Telecommunications 
 Certificate  (ITC)    Modification 
 ITC-  MOD  Modification  to  an  authorization  of  updated 
 information  required  to  maintain  accuracy  of  the 
 certifications  made  in  the  original  application. 

 63.21(  a) 

 International  Telecommunications 
 Certificate  (ITC)  --  Transfer  of  Control 
 ITC-  T/  C  Application  to  transfer  control  of  an  authorization. 
 Following  the  transfer  of  control,  the  authorization 
 remains  held  by  the  same  entity,  but  there  is  a  change 
 in  the  entity  or  entities  that  control  the  authorization 
 holder. 

 63.24(  c) 

 International  Telecommunications 
 Certificate  (ITC)  --  Other  Filings 
 TBD  Notification  of  miscellaneous  items  such  as 
 notification  of  wholly-owned  subsidiaries,  name 
 change,  notification  of  consummation  of  transfers 

 63.21(  h)  63.21(  i) 
 63.24(  e)(  4) 
14
 Federal  Communications  Commission  FCC  04-  133 
 15 
 Name  of  Filing  IBFS  Abbreviation  Brief  Description  Rule  Section 
 of  control  and  assignments. 
 SUBMARINE  CABLE  LANDING  LICENSE 
 Submarine  Cable  Landing  License 

 (SCL)    Amendment 
 SCL-  AMD  Amendment  of  an  application  to  correct 
 information  required  for  the  processing  of  the  original 
 application. 

 1.767(  a),  1.65 

 Submarine  Cable  Landing  License 
 (SCL)  --  Assignment 
 SCL-  ASG  Application  to  assign  a  license,  or  a  portion  of  it, 
 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. 

 1.767(  a)(  11) 

 Submarine  Cable  Landing  License 
 (SCL)  --  Landing  Point  Notification 
 SCL-  LPN  Notification  of  specific  description  of  the  landing 
 stations  in  the  U.  S.  and  the  foreign  countries  where  the 
 cable  will  land. 

 1.767(  a)(  5)  1.767(  g)(  8) 

 Submarine  Cable  Landing  License 
 (SCL)    Modification 
 SCL-  MOD  Modification  application  requesting  authority  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. 

 1.767(  e),  1.767(  m) 

 Submarine  Cable  Landing  License 
 (SCL)  --  Special  Temporary  Authority 
 SCL-  STA  Application  requesting  immediate  authority  for 
 temporary  service  or  for  emergency  service  (Special 
 Temporary  Authority.) 

 1.767(  a) 

 Submarine  Cable  Landing  License 
 (SCL)  --  Transfer  of  Control  of  License 
 SCL-  T/  C  Application  to  transfer  control  of  a  license. 
 Following  the  transfer  of  control,  the  license  remains 
 held  by  the  same  entity(  ies),  but  there  is  a  change  in  the 
 entity  or  entities  that  control  a  license  holder. 

 1.767(  a)(  11) 

 Submarine  Cable  Landing  License 
 (SCL)  --  Other  Filings 
 TBD  Notification  of  miscellaneous  items  such  as 
 name  changes,  notification  of  consummation  of 
 transfers  of  control  and 

 1.767(  a)(  11)(  iii) 
15
 Federal  Communications  Commission  FCC  04-  133 
 16 
 Name  of  Filing  IBFS  Abbreviation  Brief  Description  Rule  Section 
 assignments.  Submarine  Cable 

 Landing  License  (SCL)  --  Notification 
 of  Operation 

 TBD  Notification  of  the  commencement  of  service 
 and/  or  termination  of  service. 
 1.767(  g)(  14) 

 ACCOUNTING  RATE  CHANGE 
 International  Accounting  Rate 

 Changes  (ARC)    Waiver 
 ARC-  WAV  Request  to  waive  the  Commissions  International 
 Settlement  Policy. 
 64.1002 

 International  Accounting  Rate 
 Changes  (ARC)  --  Other  Filings 
 TBD  Notification  of  miscellaneous  items. 

 FOR  OTHER  FILINGS  RELATED  TO  INTL  TELECOMMUNICATIONS  SERVICES 
 International  Special  Projects  (ISP)  -- 

 Petition  for  Declaratory  Ruling 
 ISP-  PDR  Miscellaneous  requests  for  Commission  action, 
 including  by  common  carrier  radio  and  aeronautical  radio 
 applicants  and  licensees  to  request  authority  before 
 accepting  indirect  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. 

 See  e.  g.,  47  U.  S.  C. 
 310(  b)(  4);  47  C.  F.  R.  1.2 
 47  C.  F.  R.  63.  13 

 International  Special  Project  (ISP)   
 Amendments 
 ISP-  AMD  Amendment  of  an  ISP-  PDR  to  correct  information 
 required  for  the  processing  of  the  original  Petition  for 
 Declaratory  Ruling. 

 See  e.  g.,  47  U.  S.  C. 
 310(  b)(  4);  47  C.  F.  R.  1.2 
 47  C.  F.  R.  63.  13. 
 International  Special  Project  ISP  --  Other 
 Filings 
 TBD  Request  to  waive  the  Commissions  rules  for 
 international  common  carriers  (other  than  waiver  of 
 the  international  settlements  policy). 

 1.3 

 DATA  NETWORK  IDENTIFICATION  CODE 
 Data  Network  Identification  Codes 

 (DNC)  --  Other 
 TBD  Notification  of  miscellaneous  items. 
16
 Federal  Communications  Commission  FCC  04-  133 
 17 
 Name  of  Filing  IBFS  Abbreviation  Brief  Description  Rule  Section 
 Filings  Data  Network 

 Identification  Codes  (DNC)  --  Code  Re-Assignment  TBD  Request  for  reassignment  of  the  DNC  when  one  company  acquires  the  packet-  switched 
 operations  of  another  company,  or  when  a 
 company  reorganizes. 

 R&  O  in  Docket  83-  1230 
 104  FCC  2d  208,  7378-  80  paras,  70- 
 77  (1986),  recon.  grtd  in  part, 
 2  FCC  Rcd  7375  (1987) 
 Data  Network  Identification  Codes 
 (DNC)  --  Code  Surrender 
 TBD  Request  to  surrender  its  DNC  code  for  reassignment 
 when  a  company  operating  a  packet-  switched  network 
 ceases  operations. 

 R&  O  in  Docket  83-  1230 
 104  FCC  2d  208  (1986),  recon.  grtd 
 in  part,  2  FCC  Rcd  7375 
 (1987) 
 FOREIGN  CARRIER  NOTIFICATION 
 Foreign  Carrier  Affiliation 

 Notification  --  (FCN)  Other  Filings 
 TBD  Notification  of  miscellaneous  items.  63.11  1.768 

 RECOGNIZED  OPERATING  AGENCY  STATUS 
 Recognized  Operating  Agency  (ROA)  -- 

 Other  Filings 
 TBD  Notification  of  miscellaneous  items.  International  Telecommunications 
 Convention  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  Signaling  Point  Code 

 (SPC)  --  Other  Filings 
 TBD  Notification  of  miscellaneous  items.  ITU-  T  Recommendation 
 Q.  708  International 
 Signaling  Point  Code  (SPC)  --  Notification 
 of  Signaling  Point  Code  Implementation 

 TBD  Notification  of  the  date  your  SPC  was  implemented.  A 
 Code  assignment  that  has  not  been  implemented  within 
 a  12  month  period  must  be  returned  to  this 
 Administrator  for  reassignment  pursuant  to  the 
 guidelines. 

 ITU-  T  Recommendation 
 Q.  708 

 International  Signaling  Point  Code  TBD  Notification  that  you  no  longer  require  your  SPC  and  ITU-  T  Recommendation 
17
 Federal  Communications  Commission  FCC  04-  133 
 18 
 Name  of  Filing  IBFS  Abbreviation  Brief  Description  Rule  Section 
 (SPC)  --  Inactivation  of  Signaling  Point 

 Codes 
 that  you  are  returning  it  to  the  Administrator  for 
 reassignment. 
 Q.  708 
18
 Federal  Communications  Commission  FCC  04-  133 
 19 
 APPENDIX  C 
 PROPOSED  RULES 

 Parts  1,  63,  and  64  of  the  Commissions  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. 
 (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.  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? 
 *  *  *  *  *  (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? 
 *  *  *  *  *  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 
19
 Federal  Communications  Commission  FCC  04-  133 
 20 
 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. 

 *  *  *  *  *  (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. 
 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.  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. 
 (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. 
20
 Federal  Communications  Commission  FCC  04-  133 
 21 
 *  *  *  *  *  (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  carriers  name  and  the  FCC  file  numbers  under  which  the  carriers  authorizations  were  granted  and  identifying  the  subsidiarys  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  carriers  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. 
 *  *  *  *  *  (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  assignee  or  a  carrier  that  is  subject  to  a  pro  forma  transfer  of  control  shall  electronically 
 notify  the  Commission  of  such  pro  forma  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)  *  *  * 
21
 Federal  Communications  Commission  FCC  04-  133 
 22 
 (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. 
 *  *  *  *  *  (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. 

 (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. 
 *  *  *  *  * 
 11.  Section  63.50  is  amended  to  read  as  follows: 
   63.50  Amendment  of  applications. 
 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.  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. 
 (c)  You  must  submit  electronically  through  the  International  Bureau  Filing  System  (IBFS)  any  additional  information  which  the  Commission  may  require. 

 *  *  *  *  * 
22
 Federal  Communications  Commission  FCC  04-  133 
 23 
 13.  Section  63.53  is  amended  to  read  as  follows: 
   63.53  Form. 
 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. 

 *  *  *  *  * 
 14.  Section  63.701  is  amended  by  revising  the  introductory  paragraph  to  read  as  follows: 
   63.701  Contents  of  Application. 
 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.  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. 
 (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)  ***  *  *  *  *  * 
23
 Federal  Communications  Commission  FCC  04-  133 
 24 
 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. 
 *  *  *  *  *  (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  Commissions  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  Bureaus  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. 
24