Mashup - The Country Bank of Needham

Cite this Code: CFR
To cite the regulations in this volume use title, part and section number. Thus, 47 C.F.R 42.01 refers to title 47, part 42, section 01.

THIS TITLE

Title 47-TELECOMMUNICATION is composed of five volumes. The parts in these volumes are arranged in the following order: Parts 0-19, parts 20-39, parts 40- 69, parts 70-79, and part 80 to end. All five volumes contain chapter I-Federal Communications Commission. The last volume, part 80 to end, also includes chapter II-Office of Science and Technology Policy and National Security Council, chapter III-National Telecommunications and Information Administration, Department of Commerce, and chapter IV-National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safety Administration, Department of Transportation. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 2011.
Part 73 contains a numerical designation of FM broadcast channels (§73.201) and a table of FM allotments designated for use in communities in the United States, its territories, and possessions (§73.202). Part 73 also contains a numerical designation of television channels (§73.603) and a table of allotments which contain channels designated for the listed communities in the United States, its territories, and possessions (§ 73.606).
The OMB control numbers for the Federal Communications Commission, ap- pear in $0.408 of chapter I. For the convenience of the user §0.408 is reprinted in the Finding Aids section of the second through fifth volumes.
For this volume, Michele Bugenhagen was Chief Editor. The Code of Federal Regulations publication program is under the direction of Michael L. White, assisted by Ann Worley.

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The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an O.M.B control number with their information collection request.

Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the C.F.R. These OMB numbers are placed as close as possible to the applicable record keeping or reporting requirements. OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before April 1, 2001, consult either the List of C.F.R Sections Affected, 1949-1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate volumes. For the period beginning April 1, 2001, a “List of C.F.R Sections Affected” is published at the end of each C.F.R volume.

“[RESERVED]” TERMINOLOGY
The term “[Reserved]” is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a “[Reserved]” location at any time. Occasionally “[Reserved]” is used editorially to indicate that a portion of the C.F.R was left vacant and not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published else- where. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the mate- rial is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law.
What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 C.F.R part 51 are met. Some of the elements on which approval is based are:
(a) The incorporation will substantially reduce the volume of material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process.
(c) The incorporating document is drafted and submitted for publication in accordance with 1 C.F.R part 51.
What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010.
C.F.R

INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled C.F.R

INDEX AND FINDING AIDS. This volume contains the Parallel Table of Authorities and Rules. A list of C.F.R titles, chapters, sub-chapters, and parts and an alphabetical list of agencies publishing in the C.F.R are also included in this volume.
An index to the text of “Title 3-The President” is carried within that volume.

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Explanation
The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub- divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:
Title 1 through Title 16……
Title 17 through Title 27 Title 28 through Title 41
Title 42 through Title 50…
.as of January 1 ……..as of April 1 ……….as of July 1 …..as of October 1
The appropriate revision date is printed on the cover of each volume.

LEGAL STATUS

The contents of the Federal Register are required to be judicially noticed (44) U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS.

The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to deter- mine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2011), consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cutoff date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text

OMB CONTROL NUMBERS

The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request.
Many agencies have begun publishing numerous O.M.B control numbers as amendments to existing regulations in the C.F.R. These O.M.B numbers are placed as close as possible to the applicable record keeping or reporting requirements.

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Streamlines transfer of local at federal
§63.03 of 1934 with respect to the establishment or operation of a system for the delivery of video programming. [64 FR 39939, July 23, 1999]
$63.03 Streamlining procedures for domestic transfer of control applications.
Any domestic carrier that seeks to transfer control of lines or authorization to operate pursuant to section 214 of the Communications Act of 1934, as amended, shall be subject to the fol- lowing procedures:
(a) Public notice and review period. Upon determination by the Common Carrier Bureau that the applicants have filed a complete application and that the application is appropriate for streamlined treatment, the Common Carrier Bureau will issue a public notice stating that the application has been accepted for filing as a stream- lined application. Unless otherwise notified by the Commission, an applicant is permitted to transfer control of the domestic lines or authorization to operate on the 31st day after the date of public notice listing a domestic section 214 transfer of control application as accepted for filing as a streamlined application, but only in accordance with the operations proposed in its application. Comments on streamlined appliations may be filed during the first 14 days following public notice, and reply comments may be filed during the first 21 days following public notice, unless the public notice specifies a different pleading cycle. All comments on streamlined applications shall be filed electronically, and shall satisfy such other filing requirements as may be specified in the public notice.
(b) Presumptive streamlined categories. (1) The streamlined procedures provided in this rule shall be presumed to apply to all transfer of control applications in which: 47 C.F.R Ch. I (10-1-11 Edition

(2) Where a proposed transaction would result in a transference having market share in the interstate, inter exchange market of less than 10 per cent, and the transference would provide competitive telephone exchange serve ices or exchange access services (if a all) exclusively in geographic area: served by a dominant local exchange carrier that is not a party to the trans action, the streamlined procedures pro videos in this rule shall be presumed t apply to transfer of control applications in which:
(i) Neither of the applicants is dominant with respect to any service;
(ii) The applicants are a dominant carrier and a non-dominant Carrie that provides services exclusively out side the geographic area where the dominant carrier is dominant; or
(iii) The applicants are incumbent independent local exchange carriers (a) defined in §64.1902 of this chapter) that have, in combination, fewer than two (2) percent of the nation’s subscribe lines installed in the aggregate nation wide, and no overlapping or adjacent service areas.
(3) For purposes of (b)(1) and (2) o this paragraph, the terms “applicant,” “carrier,” “party,” and “transference’ (and their plural forms) include any affiliates of such entities within the meaning of section 3(1) of the Communications Act of 1934, as amended.
(c) Removal of application from stream lined processing. (1) At any time after an application is filed, the Commission, acting through the Chief of the Wireline Competition Bureau, may no ratify an applicant that its application i being removed from streamlined processing, or will not be subject to stream lined processing. Examples of appropriate circumstances for such action are:
(i) An application is associated wit a non-routine request for waiver of the Commission’s rules.

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Federal Communications Commission
(1) On the effective date, the PCI value for the special access basket, as defined in §61.42(d)(5) shall be equal to the PCI for the trunking basket on the day preceding the establishment of the special access basket.
(2) On the effective date, the API value for the special access basket, as defined in §61.42(d)(5) shall be equal to the API for the trunking basket on the day preceding the establishment of the special access basket.
(3) Service Category, Subcategory, and Density Zone SBIS and Upper Limits.
Interconnection,
(i) Tandem Switched Transport, and Signalling Interconnec- tion will retain the SBIS and upper limits and remain in the trunking basket.
(ii) Audio/Video and Wideband will retain the SBIs and upper limits and be moved into the special access basket.
(iii) For Voice Grade, the SBIS and upper limits in both baskets will be equal to the SBIs and upper limits in the existing trunking basket on the day preceding the establishment of the special access basket. Voice Grade den- sity zones in the trunking basket will retain their indices and upper limits. Voice Grade density zones will be initialized in the special access basket when services are first offered in them. (iv) For High Cap/DDS, DS1, and DS3 category and subcategories, the SBIS and upper limits in both baskets will be equal to the SBIS and upper limits in the existing trunking basket on the day preceding the establishment of the special access basket. SBIs and upper limits for services that are in both combined density zones and either DTT/EF or special access density zones will be calculated by using weighted averages of the indices in the affected zones.
(v) For each DTT/EF-related zone re- maining in the trunking basket, the values will be calculated by taking the sum of the products of the DTT/EF rev- enues times the DTT/EF index (or upper limit) and the DTT/EF-related revenues in the combined zone times the combined index (or upper limit), and dividing by the total DTT/EF-re- lated revenues for that zone.
(vi) For each special access-related zone in the special access basket, the
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values will be calculated by taking the sum of the products of the special ac- cess revenues times the special access index (or upper limit) and the special access-related revenues in the com- bined zone times the combined index (or upper limit), and dividing by the total special access-related revenues for that zone.
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(0) Treatment of acquisitions of ex- changes with different ATS Target Rates as set forth in §61.3(qq):
(1) In the event that a price cap local exchange carrier acquires a filing enti- ty or portion thereof from a price cap local exchange carrier after July 1, 2000, and the price cap local exchange carrier did not have a binding and exe- cuted contract to purchase that filing entity or portion thereof as of April 1, 2000, those properties retain their pre- existing Target Rates as set forth in §61.3(qq). If those properties are merged into a filing entity with a dif- ferent Target Rate as set forth in §61.3(qq), the Target Rate as set forth in §61.3(qq) for the merged filing entity will be the weighted average of the Target Rates as set forth in §61.3(qq) for the properties being combined into a single filing entity, with the average weighted by local switching minutes. When a property acquired as a result of a contract for purchase executed after April 1, 2000 is merged with $0.0095 Tar- get Rate properties, the obligation to apply price cap reductions to reduce CCL, pursuant to §61.45(b)(iii) does not apply to the properties purchased under contracts executed after April 1, 2000, but continues to apply to the other properties.
(2) For sale of properties for which a holding company was, as of April 1, 2000, under a binding and executed con- tract to purchase but which close after June 30, 2000, but during tariff year 2000, and that are subject to the $0.0095 Target Rate as set forth in §61.3(qq), the Average Traffic Sensitive Rate charged by the purchaser for that property will be the greater of $0.0095 or the

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and $9.20, respectively, pooled amounts can be added to these rate elements to the extent permitted by the nominal caps.
(vi) Notwithstanding the provisions of §69.152(k) of this chapter, pooled local switching revenue is first added to the multi-line business SLC until the rate equals the nominal cap ($9.20) or the pooled local switching revenue is fully allocated. If pooled local switch- ing revenue remains after applying amounts to the multi-line business SLC, notwithstanding the provisions of § 69.153 of this chapter, the remaining pooled local switching revenue may be added to the multi-line business PICC until the rate equals the nominal cap ($4.31) or the pooled local switching revenue is fully allocated. Unallocated pooled local switching revenue may still remain. For companies pooling pursuant to paragraph (m)(1)(i) of this section, these unallocated amounts may not be recovered from the CCL charge, the primary residential and single-line business SLC, a non-pri- mary residential SLC, or from CMT elements in any other filing entity.
(vii) For companies pooling pursuant to paragraph (m)(1)(ii) of this section, pooled local switching revenue that can not be allocated to the multi-line business PICC and multi-line business SLC rates within an individual filing entity may not be recovered from the CCL charge, primary residential and single-line business SLC or residential/ single-line business SLC charges, but may be allocated to other filing enti- ties within the holding company, and collected by adding these amounts to the multi-line business PICC and multi-line business SLC rates. The al- location of pooled local switching rev- enue among filing entities will be re- calculated at each annual filing. In subsequent annual filings, pooled local switching revenue that was allocated to another filing entity will be reallo- cated to the filing entity from where it originated, to the full extent permitted by the nominal caps of $9.20 and $4.31. (viii) Notwithstanding the provisions of $69.152(k) of this chapter, these unallocated local switching revenues that cannot be recovered fully pursu- ant to paragraph (m)(2)(vii) of this sec- tion are first added to the multi-line
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business SLC of other filing entities until the resulting rate equals the nominal cap ($9.20) or the pooled local switching revenue for the holding com- pany is fully allocated. If the pooled local switching revenue can be fully al- located to the multi-line business SLC. the amount is distributed to each filing entity with a rate below the nominal cap ($9.20) based on its below-cap multi-line business SLC revenue as a percentage of the total holding com- pany’s below-cap multi-line business SLC revenue.
(ix) If pooled local switching revenue remains after applying amounts to the multi-line business SLC of all filing en- tities in the holding company, pooled local switching revenue may be added to the multi-line business PICC of other filing entities. Notwithstanding the provisions of §69.153 of this chap ter, the remaining pooled local switch- ing revenue is distributed to each filing entity with a rate below the nominal cap ($4.31) based on its below-cap multi-line business PICC revenue as a percentage of the total holding com- pany’s below-cap multi-line business PICC revenue.
(x) If pooled local switching revenue is added to the multi-line business SLC but not to the multi-line business PICC for a filing entity that qualified to deaverage SLCs without regard to pooled local switching revenue, the re- sulting SLC rates can still be deaveraged. Total pooled local switch- ing revenue is added to the deaveraged zone 1 multi-line business SLC rate until the per line rate in zone 1 equals the rate in zone 2 or until the pooled local switching revenue is fully allo- cated to the deaveraged multi-line business SLC rate for zone 1. If pooled local switching revenue remains after the rate in zone 1 equals zone 2, the deaveraged rates of zone 1 and zone? are increased until the pooled local switching revenue is fully allocated to the deaveraged multi-line business SLC rates of zone 1 and 2 or until those rates reach the zone 3 multi-line busi- ness SLC rate level. This process con- tinues until pooled local switching rev- enue is fully allocated to the zone deaveraged rates.
(n) Establishment of the special ac- cess basket, effective July 1, 2000.

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issued date; in the lower right-hand corner the effective date; and at the bottom, center, the street address of the issuing officer. The carrier must also specify the issuing officer’s title either at the bottom center of all tariff pages, or on the title page and check sheet only.
(2) As an alternative, the issuing car- rier may show in the upper left-hand corner the name of the issuing carrier, the title and street address of the issuing officer, and the issued date; and in the upper right-hand corner the FCC number of the tariff, with the page des- ignation directly below, and the effec- tive date. The carrier must specify the issuing officer’s title in the upper left- hand corner of either all tariff pages, or on the title page and check sheet only. A carrier electing to place the in- formation at the top of the page should annotate the bottom of each page to indicate the end of the material, e.g., a line, or the term “Printed in USA,” or “End”.
(3) Only one format may be employed in a tariff publication.
(b) All issuing carriers shall file all tariff publications and associated docu- ments, such as transmittal letters, re- quests for special permission, and sup- porting information, electronically in accordance with the requirements set forth in §§ 61.13 through 61.17.
[49 FR 40869, Oct. 18, 1984, as amended at 58 FR 44906, Aug. 25, 1993: 62 FR 5778, Feb. 7. 1997; 63 FR 35541, June 30, 1998; 76 FR 43215, July 20, 2011]
EFFECTIVE DATE NOTE: At 76 FR 43215, July 20, 2011, §61.52 was amended by removing paragraph (a), redesignating paragraphs (b) and (c) as paragraphs (a) and (b) and revising new paragraph (a) introductory text, and paragraph (b). This text contains informa- tion collection and recordkeeping require- ments and will not become effective until ap- proval has been given by the Office of Man- agement and Budget.
$61.54 Composition of tariffs.
(a) Tariffs must contain in consecu- tive order: A title page; check sheet; table of contents; list of concurring, connecting, and other participating carriers; explanation of symbols and abbreviations; application of tariff; general rules (including definitions), regulations, exceptions and conditions; and rates. If the issuing carrier elects
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to add a section assisting in the use of the tariff, it should be placed imme- diately after the table of contents.
(b) The title page of every tarif_f and supplement must show:
(1) FCC number, indication of cancella- tions. In the upper right-hand corner, the designation of the tariff or supple- ment as “FCC No. or “Sup- plement No. to FCC No.
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” and immediately below, the FCC number or numbers of tariffs or supplements cancelled thereby.
(2) Name of carrier, class of service, geo- graphical application, means of trans- mission. The exact name of the carrier, and such other information as may be necessary to identify the carrier issuing the tariff publication; a brief statement showing each class of serv- ice provided; the geographical applica- tion; and the type of facilities used to provide service.
(3) Expiration date. Subject to §61.59, when the entire tariff or supplement is to expire with a fixed date, the expira- tion date must be shown in connection with the effective date in the following manner. Changes in expiration date must be made pursuant to the notice requirements of §61.58, unless other- wise authorized by the Commission.
Expires at the end of (date) unless sooner canceled, changed, or extended.
(4) Title and address of issuing officer. The title and street address of the offi- cer issuing the tariff or supplement in the format specified in §61.52.
(5) Revised title page. When a revised title page is issued, the following nota- tion must be shown in connection with its effective date:
Original tariff effective
(here show the effective date of the original tariff).
(c)(1)(i) The page immediately fol- lowing the title page must be des- ignated as “Original page 1” and cap tioned “Check Sheet.” When the origi- nal tariff is filed, the check sheet must show the number of pages contained in the tariff. For example, “Page 1 to 150. inclusive, of this tariff are effective as of the date shown.” When new pages are added, they must be numbered in continuing sequence, and designated as “Original page .” For example. when the original tariff filed has 150

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Average Traffic Sensitive Rate for that property.
[54 FR 19843, May 8, 1989, as amended at 55 FR 42384, Oct. 19, 1990; 56 FR 21617, May 10, 1991; 56 FR 55239, Oct. 25, 1991; 59 FR 10302, Mar. 4, 1994; 60 FR 19528, Apr. 19, 1995; 60 FR 52346, Oct. 6, 1995; 62 FR 31932, June 11, 1997; 64 FR 46590, Aug. 26, 1999; 65 FR 38699, June 21, 2000; 65 FR 57742, 57743, Sept. 26, 2000; 76 FR 43214, July 20, 2011]
EFFECTIVE DATE NOTE: At 76 FR 43214, July 20, 2011, §61.48 was amended by revising para- graphs (i)(2), (i)(3) introductory text, (i)(4), and (1)(2). 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.
$61.49 Supporting information to be submitted with letters of trans- mittal for tariffs of carriers subject to price cap regulation.
(a) Each price cap tariff filing must be accompanied by supporting mate- rials sufficient to calculate required adjustments to each PCI, API, and SBI pursuant to the methodologies pro- vided in §§61.45, 61.46, and 61.47, as ap- plicable.
(b) Each price cap tariff filing that proposes rates that are within applica- ble bands established pursuant to §61.47, and that results in an API value that is equal to or less than the appli- cable PCI value, must be accompanied by supporting materials sufficient to establish compliance with the applica- ble bands, and to calculate the nec- essary adjustment to the affected APIs and SBIS pursuant to §§ 61.46 and 61.47, respectively.
(c) Each price cap tariff filing that proposes rates above the applicable band limits established in §§61.47 (e) must be accompanied by supporting materials establishing substantial cause for the proposed rates.
(d) Each price cap tariff filing that proposes rates that will result in an API value that exceeds the applicable PCI value must be accompanied by:
(1) An explanation of the manner in which all costs have been allocated among baskets; and
(2) Within the affected basket, a cost assignment slowing down to the lowest possible level of disaggregation, includ- ing a detailed explanation of the rea-
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sons for the prices of all rate elements to which costs are not assigned.
(e) Each price cap tariff filing that proposes restructuring of existing rates must be accompanied by supporting materials sufficient to make the ad- justments to each affected API and SBI required by §§ 61.46(c) and 61.47(d), re- spectively.
(f)(1) [Reserved]
(2) Each tariff filing submitted by a price cap local exchange carrier that introduces a new loop-based service, as defined in §61.3(pp) of this part—includ- ing a restructured unbundled basic service element (BSE), as defined in § 69.2(mm) of this chapter, that con- stitutes a new loop-based service that is or will later be included in a basket, must be accompanied by cost data suf- ficient to establish that the new loop- lish that the ne based service or BSE will not recover more than a just and rea- sonable portion of the carrier’s over- head costs.
(3) A price cap local exchange carrier may submit without cost data any tar- iff filings that introduce new services, other than loop-based services.
(4) A price cap local exchange carrier that has removed its corridor or inter- state ntraLATA toll services from its interexchange basket pursuant to §61.42(d)(4)(ii), may submit its tariff fil- ings for corridor or interstate intraLATA toll services without cost data.
(g) Each tariff filing submitted by a price cap local exchange carrier that introduces a new loop-based service or a restructured unbundled basic service element (BSE), as defined in §69.2(mm) of this chapter, that is or will later be included in a basket, or that introduces or changes the rates for connection charge subelements for expanded inter- connection, as defined in § 69.121 of this chapter, must also be accompanied by: (1) The following, including complete explanations of the bases for the esti- mates.
(i) A study containing a projection of costs for a representative 12 month pe- riod; and
(ii) Estimates of the effect of the new tariff on the traffic and revenues from

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(1) [neserveuj
(j) For a tariff that introduces a sys- tem of density pricing zones, as de- scribed in §69.123 of this chapter, the carrier must, before filing its tariff, submit a density pricing zone plan in- cluding, inter alia, documentation suffi- cient to establish that the system of zones reasonably reflects cost-related characteristics, such as the density of total interstate traffic in central of- fices located in the respective zones, and receive approval of its proposed plan.
(k) In accordance with §§ 61.41 through 61.49, price cap local exchange carriers that elect to file their annual access tariff pursuant to section 204(a)(3) of the Communications Act shall submit supporting material for their interstate annual access tariffs, absent rate information, 90 days prior to July 1 of each year.
(1) On each page of cost support ma- terial submitted pursuant to this sec- tion, the issuing carrier shall indicate
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$61.51 Scope.
The rules in this subpart apply to tariffs filed by issuing carriers, with the exception of the informational tar- iffs filed pursuant to 47 U.S.C. 226(h)(1)(A), unless otherwise noted.
[76 FR 43215, July 20, 2011]
EFFECTIVE DATE NOTE: At 76 FR 43215, July 20, 2011, §61.51 was added. This section con- tains information collection and record- keeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
§ 61.52 Form, size, type, legibility, etc. (a) Pages of tariffs must be numbered consecutively and designated as “Original title page,’ “Original page 1,” “Original page 2,” etc.
(1) All such pages must show, in the upper left-hand corner the name of the issuing carrier; in the upper right-hand corner the FCC number of the tariff, with the page designation directly below; in the lower left-hand corner the
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§61.54
issued date; in the lower right-hand corner the effective date; and at the bottom, center, the street address of the issuing officer. The carrier must also specify the issuing officer’s title either at the bottom center of all tariff pages, or on the title page and check sheet only.
(2) As an alternative, the issuing car- rier may show in the upper left-hand corner the name of the issuing carrier, the title and street address of the issuing officer, and the issued date; and in the upper right-hand corner the FCC number of the tariff, with the page des- ignation directly below, and the effec- tive date. The carrier must specify the issuing officer’s title in the upper left- hand corner of either all tariff pages, or on the title page and check sheet only. A carrier electing to place the in- formation at the top of the page should annotate the bottom of each page to indicate the end of the material, e.g., a line, or the term “Printed in USA, or “End”.
(3) Only one format may be employed in a tariff publication.
(b) All issuing carriers shall file all tariff publications and associated docu- ments, such as transmittal letters, re- quests for special permission, and sup- porting information, electronically in accordance with the requirements set
south in 2001 10 44.

47 CFR Ch. I (10-1-11 Editio
to add a section assisting in the use the tariff, it should be placed imm diately after the table of contents.
(b) The title page of every tarif and supplement must show:
(1) FCC number, indication of cancel tions. In the upper right-hand corn the designation of the tariff or supp ment as “FCC No. ” or “Su plement to FCC
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No.
and immediately below, FCC number or numbers of tariffs supplements cancelled thereby. (2) Name of carrier, class of service, g graphical application, means of tra mission. The exact name of the carri and such other information as may necessary to identify the carr issuing the tariff publication; a b statement showing each class of se ice provided; the geographical appli tion; and the type of facilities used provide service.
(3) Expiration date. Subject to §61 when the entire tariff or supplement to expire with a fixed date, the expi tion date must be shown in connect with the effective date in the follow manner. Changes in expiration d must be made pursuant to the not requirements of §61.58, unless oth wise authorized by the Commission. Expires at the end of (date) un sooner canceled, changed, or extended.

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(c) Any carrier classified as dominant for the provision of particular services on particular routes under this section shall comply with the following re- quirements in its provision of such services on each such route:
(1) Provide services as an entity that is separate from its foreign carrier af- filiate, in compliance with the fol- lowing requirements:
(i) The authorized carrier shall main- tain separate books of account from its affiliated foreign carrier. These sepa- rate books of account do not need to comply with part 32 of this chapter; and
(ii) The authorized carrier shall not jointly own transmission or switching facilities with its affiliated foreign car- rier. Nothing in this section prohibits the U.S. carrier from sharing personnel or other resources or assets with its foreign affiliate;
(2) File quarterly reports on traffic and revenue, consistent with the re- porting requirements authorized pursu- ant to §43.61, within 90 days from the end of each calendar quarter;
(3) File quarterly reports summa- rizing the provisioning and mainte- nance of all basic network facilities and services procured from its foreign carrier affiliate or from an allied for-
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and the derived circuits need not specified in the three quarterly repor due on June 30, September 30, and E cember 31.
(5) If authorized to provide facilitie based service, comply with paragra (e) of this section.
(d) A carrier classified as domina under this section shall file an origin and two copies of each report requir by paragraphs (c)(3), (c)(4), and (c)(5) this section with the Chief, Inte national Bureau. The carrier shall al file one copy of these reports with t Commission’s copy contractor. T transmittal letter accompanying ea report shall clearly identify the repo as responsive to the appropriate par graph of §63.10(c).
(e) Except as otherwise ordered the Commission, a carrier that is cla sified as dominant under this secti for the provision of facilities-bas services on a particular route and th is affiliated with a carrier that collec settlement payments for terminati U.S. international switched traffic the foreign end of that route may n provide switched facilities-based ser ice on that route unless the curre rates the affiliate charges U.S. inte national carriers to terminate traff are at or below the Commission’s re evant benchmark adopted in IB Dock
Digitized by Go
Federal Communications Commission
No. 96-261. See FCC 97-280 (rel. Aug. 18, 1997) (available at the FCC’s Reference
Onana
§63.11
whether that foreign carrier is author- ized to operate in a World Trade Orga-
2mm/33MO

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-issued. It must be in the following format:
REVOCATION NOTICE
(Name of carrier
(Post
(Date)
Secretary,
office
address
19
Federal Communications Commission, Wash- ington, D.C. 20554. Effective
FCC Concurrence No.
19
issued by (Name
of concurring carrier) in favor of (Name of issuing carrier) is hereby cancelled and re- voked. Rates and regulations of (Name of concurring carrier) and its connecting car- riers will thereafter be found in Tariff FCC No. issued by (If the concurring carrier has ceased operations, the revocation notice must so indicate.)
(Name of carrier)
By
(Title)
EFFECTIVE DATE NOTE: At 76 FR 43215, July 20, 2011, subpart G consisting of §§ 61.131 to 61.136 was redesignated as subpart H. The ex- isting subpart H consisting of §§61.151 through 61.153 was removed. For the conven- ience of the user, the removed subpart H is set forth as follows:
Subpart H-Applications for Special Permission
61.151 Scope.
Sections 61.152 and 61.153 set forth the pro- cedures to be followed by a carrier applying for a waiver of any of the rules in this part. [55 FR 19173, May 8, 1990]
$61.152 Terms of applications and grants. Applications for special permission must contain:
(a) A detailed description of the tariff pub- lication proposed to be put into effect;
(b) A statement citing the specific rules and the grounds on which waiver is sought: (c) A showing of good cause; and
(d) A statement as to the date and method of filing the original of the application for special permission as required by §61.153(b) and the date and method of filing the copies required by §61.153 (a) and (c).
If approved, the carrier must comply with all terms and use all authority specified in the grant. If a carrier elects to use less than the authority granted, it must apply to the Com- mission for modification of the original grant. If a carrier elects not to use the au- thority granted within sixty days of its ef- fective date, the original grant will be auto- matically cancelled by the Commission.
[55 FR 19173, May 8, 1990]
§61.136
§ 61.153 Method of filing applications.
(a) An application for special permission must be addressed to “Secretary, Federal Communication Commission, Washington, DC 20554.” The date on which the application is received by the Secretary of the Commis- sion (or the Mail Room where submitted by mail) is considered the official filing date.
(b) In addition, except for issuing carriers filing tariffing fees electronically, for all special permission applications requiring fees as set forth in part 1, subpart G of this chapter, the issuing carrier must submit the original of the application letter (without attachments), FCC Form 159, and the appro- priate fee to the U.S. Bank, St. Louis, Mis- souri at the address set forth in §1.1105 of this chapter. Issuing carriers submitting tariffing fees electronically should submit the Form 159 and the original cover letter to the Secretary of the Commission in lieu of the U.S. Bank. The Form 159 should display the Electronic Audit Code in the box in the upper left hand corner marked “reserved.” Issuing carriers should submit these fee ma- terials on the same date as the submission in paragraph (a) of this section.
(c) In addition to the requirements set forth in paragraphs (a) and (b) of this sec- tion, the issuing carrier must send a copy of the application letter with all attachments to the Secretary, Federal Communications Commission and a separate copy with all at- tachments to the Chief, Pricing Policy Divi- sion. If a carrier applies for special permis- sion to revise joint tariffs, the application must state that it is filed on behalf of all carriers participating in the affected service. Applications must be numbered consecu- tively in a series separate from FCC tariff numbers, bear the signature of the officer or agent of the carrier, and be in the following format:
Application No.
(Date)
Secretary
Federal
Communications
Washington, DC 20554.
Commission,
Attention: Wireline Competition Bureau (here provide the statements required by Sec. 61.152).
(Exact name of carrier)
(Name of officer or agent)
(Title of officer or agent)
[55 FR 19173, May 8, 1990, as amended at 64 FR 46592, 46593, Aug. 26, 1999; 67 FR 13228, Mar. 21, 2002; 73 FR 9031, Feb. 19, 2008]

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$63.10 Regulatory classification U.S. international carriers.
of
(a) Unless otherwise determined by the Commission, any party authorized to provide an international commu- nications service under this part shall be classified as either dominant or non-
in the international transport and the local access markets on the foreign end of the route, the U.S. carrier shall pre- sumptively be classified as non-domi- nant.
235
(4) A carrier that is authorized under this part to provide to a particular des- tination an international switched service, and that provides such service

§63.10
solely through the resale of an unaffili- ated U.S. facilities-based carrier’s international switched services (either directly or indirectly through the re- sale of another U.S. resale carrier’s international switched services), shall presumptively be classified as non- dominant for the provision of the au- thorized service. A carrier regulated as non-dominant pursuant to this sub- paragraph shall notify the Commission at any time that it begins to provide such service through the resale of an affiliated U.S. facilities-based carrier’s international switched services. The carrier will be deemed a dominant car- rier on the route absent a Commission finding that the carrier otherwise qualifies for non-dominant regulation pursuant to this section.
(b) Any party that seeks to defeat the presumptions in paragraph (a) of this section shall bear the burden of proof upon any issue it raises as to the proper classification of the U.S. car- rier.
(c) Any carrier classified as dominant

47 CFR Ch. I (10-1-11 Editio
eign carrier, including, but not limit to, those it procures on behalf of c tomers of any joint venture for the pr vision of U.S. basic or enhanced ser ices in which the authorized carri and the foreign carrier participat within 90 days from the end of each c endar quarter. These reports shou contain the following: the types of c cuits and services provided; the ave age time intervals between order a delivery; the number of outages and i tervals between fault report and ser ice restoration; and for circuits used provide international switched servic the percentage of “peak hour” ca that failed to complete;
(4) In the case of an authorized faci ties-based carrier, file quarterly circu status reports within 90 days from t end of each calendar quarter in the fo mat set out by the $43.82 annual circu status manual, with two exception activated or idle circuits must be 1 ported on a facility-by-facility bas and the derived circuits need not specified in the three quarterly repor

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transferee (and their affiliates) offer domestic telecommunications services, and what services are provided in each area;
(8) A statement as to how the appli- cation fits into one or more of the pre- sumptive streamlined categories in this section or why it is otherwise ap- propriate for streamlined treatment;
(9) Identification of all other Com- mission applications related to the same transaction;
(10) A statement of whether the ap- plicants are requesting special consid- eration because either party to the transaction is facing imminent busi- ness failure;
(11) Identification of any separately filed waiver requests being sought in conjunction with the transaction; and
(12) A statement showing how grant of the application will serve the public interest, convenience and necessity, in- cluding any additional information that may be necessary to show the ef- fect of the proposed transaction on competition in domestic markets.
(b) Domestic/International applications for transfers of control. Where an appli- cant wishes to file a joint international section 214 transfer of control applica- tion and domestic section 214 transfer of control application, the applicant should submit information that satis- fies the requirements of $63.18, which specifies the contents of applications for international authorizations, to- gether with filing fees that satisfy (and are in accordance with filing proce- dures applicable to) both §§1.1105 and 1.1107 of this chapter. In an attachment to the international application, the applicant should submit the informa- tion described in paragraphs (a)(6) through (a)(12) of this section.
[67 FR 18832, Apr. 17, 2002]
VOLUNU 11 NO Capacity
of an international facility, regardle of whether the underlying facility is common carrier or non-common ca rier submarine cable or a satellite sy tem.
(b) Control includes actual worki control in whatever manner exercis and is not limited to majority sto ownership. Control also includes dire or indirect control, such as through i tervening subsidiaries.
(c) Special concession is defined as § 63.14(b) of this part.
(d) Foreign carrier is defined as a entity that is authorized within a f eign country to engage in the provisi of international telecommunicatio services offered to the public in th country within the meaning of t International Telecommunication Re ulations, see Final Acts of the Wo Administrative Telegraph and Te phone Conference, Melbourne, 1 (WATTC-88), Art. 1, which includes tities authorized to engage in the pl vision of domestic telecommunicatio services if such carriers have the ab ity to originate or terminate te communications services to or fr points outside their country.
(e) Two entities are affiliated wi each other if one of them, or an ent that controls one of them, directly indirectly owns more than 25 percent the capital stock of, or controls, other one.
Also, a U.S. carrier is affiliated w two or more foreign carriers if the f eign carriers, or entities that cont them, together directly or indirec own more than 25 percent of the capi stock of, or control, the U.S. carr and those foreign carriers are part to, or the beneficiaries of, a contr tual relation (e.g., a joint venture market alliance) affecting the pro sion or marketing of internation basic telecommunications services the United States.

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HE Federal Communications Commission
(f) Market power means sufficient market power to affect competition ad- versely in the U.S. market.
(g) As used in this part, the term:
(1) Interlocking directorates shall mean persons or entities who perform the du- ties of “officer or director” in an au- thorized U.S. international carrier or an applicant for international Section 214 authorization who also performs such duties for any foreign carrier.
(2) Officer or director shall include the duties, or any of the duties, ordinarily performed by a director, president, vice president, secretary. treasurer, other officer of a carrier.
or
NOTE 1: The assessment of “capital stock” ownership will be made under the standards developed in Commission case law for deter- mining such ownership. See, e.g., Fox Tele- vision Stations, Inc., 10 FCC Rcd 8452 (1995). “Capital stock” includes all forms of equity ownership, including partnership interests.
NOTE 2: Ownership and other interests in U.S. and foreign carriers will be attributed to their holders and deemed cognizable pur- suant to the following criteria: Attribution of ownership interests in a carrier that are held indirectly by any party through one or more intervening corporations will be deter- mined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that wherever the ownership percentage for any link in the chain that is equal to or exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. For example, if A owns 30 percent of com- pany X, which owns 60 percent of company Y, which owns 26 percent of “carrier,” then X’s interest in “carrier”” would be 26 percent (the same as Y’s interest because X’s inter- est in Y exceeds 50 percent), and A’s interest in “carrier”” would be 7.8 percent (0.30×0.26 because A’s interest in X is less than 50 per- cent). Under the 25 percent attribution benchmark, X’s interest in “carrier”” would be cognizable, while A’s interest would not be cognizable.
[64 FR 19062, Apr. 19, 1999, as amended at 65
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§63.10
dominant for the provision of par- ticular international communications services on particular routes as set forth in this section. The rules set forth in this section shall also apply to determinations of regulatory status pursuant to §§ 63.11 and 63.13. For pur- poses of paragraphs (a)(2) and (a)(3) of this section, the relevant markets on the foreign end of a U.S. international route include: international transport facilities or services, including cable landing station access and backhaul fa- cilities; inter-city facilities or services; and local access facilities or services on the foreign end of a particular route.
(1) A U.S. carrier that has no affili- ation with, and that itself is not, a for- eign carrier in a particular country to which it provides service (i.e., a des- tination country) shall presumptively be considered non-dominant for the provision of international communica- tions services on that route;
(2) Except as provided in paragraph (a)(4) of this section, a U.S. carrier that is, or that has or acquires an affiliation with a foreign carrier that is a monop- oly provider of communications serv- ices in a relevant market in a destina- tion country shall presumptively be classified as dominant for the provision of international communications serv- ices on that route; and
(3) A U.S. carrier that is, or that has or acquires an affiliation with a foreign carrier that is not a monopoly provider of communications services in a rel- evant market in a destination country and that seeks to be regulated as non- dominant on that route bears the bur- den of submitting information to the Commission sufficient to demonstrate that its foreign affiliate lacks suffi- cient market power on the foreign end of the route to affect competition ad- versely in the U.S. market. If the U.S. carrier demonstrates that the foreign

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