Sec.  63.21   Conditions applicable to all international Section 214
authorizations.

   International carriers authorized under Section 214 of the Communications
   Act  of  1934,  as amended, must follow the following requirements and
   prohibitions:

   (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 (30) days, file with the
   Commission 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  Sec. 63.10. See also  Sec. 63.11.

   (b) Carriers must file copies of operating agreements entered into with
   their foreign correspondents as specified in  Sec. 43.51 of this chapter and
   shall  otherwise comply with the filing requirements contained in that
   section.

   (c)  Carriers  regulated as dominant for the provision of a particular
   international communications service on a particular route for any reason
   other than a foreign carrier affiliation under  Sec. 63.10 shall file tariffs
   pursuant to Section 203 of the Communications Act, 47 U.S.C. 203, and part
   61 of this chapter. Except as specified in  Sec. 20.15(d) of this chapter with
   respect to commercial mobile radio service providers, carriers regulated as
   non-dominant, as defined in  Sec. 61.3 of this chapter, and providing detariffed
   international services pursuant to  Sec. 61.19 of this chapter must comply with
   all applicable public disclosure and maintenance of information requirements
   in  Sec.  Sec. 42.10 and 42.11 of this chapter.

   (d) Carriers must file annual reports of overseas telecommunications traffic
   as required by  Sec. 43.61 of this chapter.

   (e) Authorized carriers may not access or make use of specific U.S. customer
   proprietary network information that is derived from a foreign network
   unless the carrier obtains approval from that U.S. customer. In seeking to
   obtain approval, the carrier must notify the U.S. customer that the customer
   may require the carrier to disclose the information to unaffiliated third
   parties upon written request by the customer.

   (f)  Authorized  carriers  may  not receive from a foreign carrier any
   proprietary or confidential information pertaining to a competing U.S.
   carrier,  obtained  by the foreign carrier in the course of its normal
   business dealings, unless the competing U.S. carrier provides its permission
   in writing.

   (g) The Commission reserves the right to review a carrier's authorization,
   and, if warranted, impose additional requirements on U.S. international
   carriers in circumstances where it appears that harm to competition is
   occurring on one or more U.S. international routes.

   (h)  Subject  to the requirement of  Sec. 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 through any wholly owned direct or indirect
   subsidiaries. The carrier must, within thirty (30) days after the subsidiary
   begins  providing  service,  file  with  the Commission a notification
   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) must notify the Commission within thirty (30) days of
   the name change. Such notification shall reference the FCC file numbers
   under which the carrier's authorizations were granted.

   (j) Subject to the availability of electronic forms, all notifications and
   other filings described in this section must be filed electronically through
   the International Bureau Filing System (IBFS). A list of forms that are
   available for electronic filing can be found on the IBFS homepage. For
   information on electronic filing requirements, see part 1,  Sec.  Sec. 1.1000 through
   1.10018 of this chapter and the IBFS homepage at http://www.fcc.gov/ibfs.
   See also  Sec.  Sec. 63.20 and 63.53.

   [ 61 FR 15732 , Apr. 9, 1996, as amended at  62 FR 45762 , Aug. 29, 1997;  62 FR 64758 , Dec. 9, 1997;  64 FR 19065 , Apr. 19, 1999;  66 FR 16881 , Mar. 28, 2001;
    67 FR 45391 , July 9, 2002;  67 FR 57344 , Sept. 10, 2002;  70 FR 38798 , July 6,
   2005]

   Effective Date Note:   At  70 FR 38798 , July 6, 2005,  Sec. 63.21 was amended by
   revising paragraphs (a), (h), and (i) and adding paragraph (j). This text
   contains information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of Management
   and Budget.