Sec. 64.1002  Alternative settlement arrangements.

    (a) A communications common carrier engaged in providing switched 
voice, telex, telegraph, or packet switched service between the United 
States and a foreign point may seek approval to enter into an operating

[[Page 193]]

agreement with a foreign telecommunications administration containing an 
alternative settlement arrangement that does not comply with the 
requirements of Sec. 43.51(e)(1) and Sec. 63.14 of this chapter and 
Sec. 64.1001 by filing a petition for declaratory ruling in compliance 
with the requirements of this section.
    (b) A petition for declaratory ruling must contain the following:
    (1) Information to demonstrate that either:
    (i) The Commission has made a previous determination that the 
effective competitive opportunities test in Sec. 63.18(h)(6)(i) of this 
chapter has been satisfied on the route covered by the alternative 
settlement arrangement; or
    (ii) The effective competitive opportunities test in 
Sec. 63.18(h)(6)(i) of this chapter is satisfied on the route covered by 
the alternative settlement arrangement; or
    (iii) The alternative settlement arrangement is otherwise in the 
public interest.
    (2) A certification as to whether the alternative settlement 
arrangement affects more than 25 percent of the outbound traffic or 25 
percent of the inbound traffic on the route to which the alternative 
settlement arrangement applies.
    (3) A certification as to whether the parties to the alternative 
settlement arrangement are affiliated, as defined in Sec. 63.18(h)(1)(i) 
of this chapter, or involved in a non-equity joint venture affecting the 
provision of basic services on the route to which the alternative 
settlement arrangement applies.
    (4) A copy of the alternative settlement arrangement if it affects 
more than 25 percent of the outbound traffic or 25 percent of the 
inbound traffic on the route to which the alternative settlement 
arrangement applies, or if it is between parties that are affiliated, as 
defined in Sec. 63.18(h)(1)(i) of this chapter, or that are involved in 
a non-equity joint venture affecting the provision of basic services on 
the route to which the alternative settlement arrangement applies.
    (5) A summary of the terms and conditions of the alternative 
settlement arrangement if it does not come within the scope of paragraph 
(b)(4) of this section. However, upon request by the International 
Bureau, a full copy of such alternative settlement arrangement must be 
forwarded promptly to the International Bureau.
    (c) An alternative settlement arrangement filed for approval under 
this section cannot become effective until the petition for declaratory 
ruling required by paragraph (a) of this section has been granted under 
paragraph (e) of this section.
    (d) On the same day the petition for declaratory ruling has been 
filed, the filing carrier must serve a copy of the petition on all 
carriers providing the same or similar service with the foreign 
administration identified in the petition.
    (e) All petitions for declaratory ruling shall be subject to a 21 
day pleading period for objections or comments, commencing the day after 
the date of public notice listing the petition as accepted for filing. 
The petition will be deemed granted as of the 28th day without any 
formal staff action being taken: provided
    (1) The petition is not formally opposed within the meaning of 
Sec. 1.1202(e) of this chapter; and
    (2) The International Bureau has not notified the filing carrier 
that grant of the petition may not serve the public interest and that 
implementation of the proposed alternative settlement arrangement must 
await formal staff action on the petition. If objections or comments are 
filed, the petitioning carrier may file a response pursuant to Sec. 1.45 
of this chapter. Petitions that are formally opposed must await formal 
action by the International Bureau before the proposed alternative 
settlement arrangement may be implemented.

[ 62 FR 5541 , Feb. 6, 1997]

                Subpart K--Changing Long Distance Service