Federal Communications Commission DA 15-711
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Reporting Requirements for U.S. Providers of 
International Telecommunications Services
Amendment of Part 43 of the
Commission’s Rules
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IB Docket No. 04-112
(Terminated)
ORDER
Adopted:  June 17, 2015 Released:  June 17, 2015
By the Chief, International Bureau:
I. INTRODUCTION
1. We dismiss the petition for reconsideration (Petition) of the Second Report and Order
filed by the Voice on the Net Coalition (“VON Coalition” or “Petitioner”)
1
as the Petition does not meet 
the requirements of section 1.429(b) of the Commission rules.
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  Petitioner seeks reconsideration of the 
Commission’s decision to extend international traffic and revenue reporting requirements to entities 
providing international calling service via Voice over Internet Protocol (VoIP) connected to the public 
switched telephone network (PSTN) and to require submarine cable landing licensees to file reports 
identifying capacity they own or lease on each submarine cable.  The Petition relies on facts and
arguments Petitioner previously could have presented to the Commission in response to the Further 
Notice in this proceeding, but did not present.
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The reconsideration process is not intended to allow 
petitioners who have declined to participate in the rulemaking process to delay implementation of 
Commission rules by advancing arguments after the rules are adopted.  Accordingly, we dismiss the 
Petition pursuant to section 1.429 of the Commission’s rules.
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1
VON Coalition, Petition for Reconsideration, IB Docket No. 04-112 (filed Apr. 11, 2013).  See Reporting 
Requirements for U.S. Providers of International Telecommunications Services; Amendment of Part 43 of the 
Commission’s Rules, IB Docket No. 04-112, Second Report and Order, 28 FCC Rcd 575 (2013) (Second Report and 
Order).  In the Second Report and Order, the Commission adopted section 43.62 of its rules, which went into effect 
on February 11, 2015.  See Reporting Requirements for U.S. Providers of International Telecommunications 
Services, 80 Fed. Reg. 7547 (Feb. 11, 2015); see also 47 C.F.R. § 43.62, Reporting Requirements for Holders of 
International Section 214 Authorizations and Providers of International Services.
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47 C.F.R. § 1.429, Petition for Reconsideration of Final Orders in Rulemaking Proceedings.  Paragraph (b) of 
section 1.429 provides that the Commission will grant a petition for reconsideration that relies on facts or arguments 
not previously presented only under very limited circumstances.  47 C.F.R. § 1.429(b).  Petitioner has not argued 
that those circumstances apply here.
3
Reporting Requirements for U.S. Providers of International Telecommunications Services; Amendment of Part 43 
of the Commission’s Rules, IB Docket No. 04-112, First Report and Order and Further Notice of Proposed 
Rulemaking, 26 FCC Rcd 7274 (2011) (Further Notice).
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47 C.F.R. § 1.429.
Federal Communications Commission DA 15-711
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II. BACKGROUND
2. In the Second Report and Order, the Commission streamlined its international traffic and 
revenue reporting requirements and at the same time included providers of VoIP service connected to the 
PSTN (interconnected VoIP) within the scope of the requirements.
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  With regard to the circuit capacity 
reports, the Commission found that all submarine cable landing licensees and common carriers that have 
capacity on international submarine cables should report their owned or leased capacity on submarine 
cables.
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3. Petitioner seeks reconsideration of the requirements that interconnected VoIP providers 
file annual international traffic and revenue reports and that submarine cable landing licensees file reports 
for certain circuit capacity they hold.
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  Petitioner claims the Second Report and Order did not demonstrate 
Commission authority to apply the traffic and revenue reporting requirements to providers of VoIP 
services connected to the PSTN.
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  Petitioner also asserts that requiring cable landing licensees to file 
reports identifying capacity they own and lease on cables licensed to other operators is unlawful and 
unreasonable.
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  Vonage Holdings Corporation and Bandwidth.com Inc. filed comments in support of 
VON Coalition’s petition.
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III. DISCUSSION
4. The Petition does not meet the requirements of section 1.429(b) of the Commission’s
rules.
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  Petitioner relies on facts and arguments it could have presented earlier in the proceeding, 
following Commission adoption of the Further Notice.  The Further Notice sought comment on requiring 
interconnected VoIP providers to file traffic and revenue reports and non-common carriers to report their 
international circuits.
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In the Further Notice, the Commission discussed why interconnected VoIP 
service is a substitute for PSTN services, and sought comment on the Commission’s legal authority to 
require interconnected VoIP providers to file international traffic and revenue data.
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  Similarly, the 
Commission asked about extending streamlined reporting requirements to international non-common 
carrier circuits, observing that the then existing reporting requirements only applied to common carrier 
circuits despite the general fungibility of common carrier and non-common carrier circuits provided from 
                                                     
5
Second Report and Order, 28 FCC Rcd 575.
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Id. at 604, ¶ 100.
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Petition at 2.
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Id. at 3-11.
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Id. at 11-13.
10
Comments of Vonage Holdings Corporation, IB Docket No. 04-112 (filed July 16, 2013); Comments of 
Bandwidth.com Inc., IB Docket No. 04-112 (filed July 16, 2013).
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47 C.F.R. § 1.429(b).  Paragraph (b) of section 1.429 provides that the Commission will grant a petition for 
reconsideration that relies on facts or arguments not previously presented only under limited circumstances.  Id.  
Petitioner has not argued that those circumstances apply here.
12
Further Notice, 26 FCC Rcd at 7312-20, ¶¶ 116-31.
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Id. at 7312-18, ¶¶ 116-25.  In the Further Notice, the Commission sought comment on whether it should require 
providers of interconnected VoIP service to file international voice traffic and revenue data.  Id. at 7312, ¶ 116.  It 
specifically sought comment as to “whether requiring interconnected VoIP service providers to meet certain of the 
Commission’s Part 43 reporting requirements is reasonably ancillary to the effective performance of the 
Commission’s statutory obligations under the Communications Act.”  Id. at 7315, ¶ 121.  The Further Notice also 
sought comment on whether the Commission’s continued ability to exercise its statutory obligations under the 
Communications Act would be facilitated by its ability to require providers of interconnected VoIP services to 
comply with the Part 43 reporting rules.  Id. at 7315-16, ¶ 122.
Federal Communications Commission DA 15-711
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the same platform (submarine cable, terrestrial, or satellite facility).
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Petitioner did not file comments in 
response to the Further Notice.  Although Petitioner was aware of the proceeding, it waited until after the 
Commission adopted the Second Report and Order to raise objections.
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5. In seeking reconsideration of the Second Report and Order, Petitioner has neither 
explained why it was not able to present its arguments to the Commission during the comment cycle nor 
cited to any events or circumstances that changed after the comment cycle or adoption of the Second 
Report and Order.
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  Under the Commission’s rules, petitions for reconsideration that rely on facts or 
arguments that have not previously been presented to the Commission will be considered only under 
certain limited circumstances
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and may be dismissed by the relevant bureau if they do not meet those 
circumstances.
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The Petition does not meet the requirements of section 1.429(b), including the
circumstances described in paragraphs (b)(1) through (3) of that section.
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6. In adopting its rules, the Commission weighs the facts and arguments presented by 
parties in response to its requests for public comment.  Aware that new occurrences or changes in 
circumstances may arise during its rulemaking process, it provides the opportunity for members of the 
public to seek reconsideration of its actions.
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The reconsideration process is not, however, intended to 
allow petitioners who have declined to participate in the rulemaking process to delay implementation of 
Commission rules by raising objections after the rules are adopted.
7. In summary, the Commission provided ample opportunity for comment on its proposals 
and then fully considered the public record developed in response to the proposals.  Although aware of 
the proceeding, Petitioner did not file comments in response to the Further Notice, but rather waited until 
after the Commission adopted the Second Report and Order to raise objections.  Moreover, Petitioner
does not argue that its arguments fall under any of the exceptions to section 1.429(l)(2). Specifically,
Petitioner does not claim to rely on facts or arguments based on events that occurred after the pleading 
cycle established in the Further Notice closed, nor does it claim to rely on facts or arguments that were 
unknown to it until after the close of the pleading cycle. Finally, Petitioner does not address the issue of 
whether considering the Petition would be in the public interest at this stage.  Pursuant to section 1.429(l)
of the Commission rules, we find that the Petition plainly does not warrant consideration by the 
Commission and dismiss it as relying on facts or arguments that do not meet the requirements of section 
1.429(b)(1) through (3).
                                                     
14
Id. at 7318-20, ¶¶ 126-31.  The Commission proposed to require all non-common carriers, including cable landing 
licensees, to report all their circuits on submarine cables.  Id.  It sought comment on whether its statutory obligations 
under the Cable Landing License Act, 47 U.S.C. §§ 35-39, required it to gather information about the use of 
international non-common carrier circuits, noting that the Cable Landing License Act does not distinguish between 
common carrier and non-common carrier submarine cables.  Id. at 7319-20, ¶ 130.  It further inquired whether it has 
authority under the Communications Act to require reporting of international non-common carrier circuits, whether 
on submarine cables, terrestrial cables, or satellites.  Id. at 7320, ¶ 131.
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In seeking comment on whether to extend the reporting obligations to VoIP providers in the Further Notice, the 
Commission noted that the VON Coalition had filed an ex parte letter in this docket, arguing that the reporting 
requirements should not be extended to interconnected VoIP providers. This ex parte letter did not address 
Commission’s authority to impose such a requirement on interconnected VoIP providers.  See id. at 7312, ¶ 116 
n.215.
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See 47 C.F.R §§ 1.429(b), (l)(2).
17
See 47 C.F.R § 1.429(b).
18
See 47 C.F.R § 1.429(l)(2).
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47 C.F.R. § 1.429(b).
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See 47 U.S.C. §§ 155(c)(4)-(5); 47 C.F.R. § 1.429.
Federal Communications Commission DA 15-711
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IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to sections 1, 4(i)-4(j), 5(c), 11, 201-205, 
211, 214, 219, 220, 303(r), 403 and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 
151, 154(i)-(j), 155(c), 161, 201-205, 211, 214, 219, 220, 303(r), 403, and 405, and sections 0.51, 0.261, 
1.429(b), and 1.429(l) of the Commission’s rules, 47 C.F.R. §§ 0.51, 0.261, 1.429(b), 1.429(l), the 
Petition for Reconsideration filed by the Voice on the Net Coalition in this proceeding IS DISMISSED
and IB Docket No. 04-112 IS TERMINATED.
9. IT IS FURTHER ORDERED that, pursuant to section 1.103 of the Commission’s rules, 
47 C.F.R. § 1.103, this Order IS EFFECTIVE upon release.  Petitions for reconsideration under section 
1.106 of the Commission’s rules, 47 C.F.R. § 1.106, or applications for review under section 1.115 of the 
Commission’s rules, 47 C.F.R. § 1.115, may be filed within thirty days of the date of public notice of this 
Order.
FEDERAL COMMUNICATIONS COMMISSION
Mindel De La Torre
Chief, International Bureau