*Pages 1--27 from Microsoft Word - 48820.doc* Federal Communications Commission FCC 05- 91 1 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 REPORT AND ORDER Adopted: April 29, 2005 Released: May 11, 2005 By the Commission: I. INTRODUCTION 1. As part of a continuing effort to streamline our processes and respond to a growing workload and evolving user needs, we adopt in this Report and Order the proposal in the Commission’s June 10, 2004 Mandatory Electronic Filing NPRM to mandate electronic filing of all applications and other filings related to international telecommunications services. 1 Past experience has demonstrated that applicants increasingly use electronic filing when available and that electronic filing enhances the ability of the Commission to process applications, protect filing data, and provide direct public access to information in an efficient and timely manner. By adopting these new rules mandating electronic filing of applications and other submissions related to the provision of international telecommunications services, we further our efforts to create a fully- electronic filing system for the Commission. 2. Accordingly, we adopt rules that require filers to submit applications and other filings related to international services via the International Bureau Filing System (IBFS). 2 Subject to the effective date of the rules and the transition period adopted herein, we will no longer accept manually filed applications and notifications related to the provision of international services, including accounting rate 1 See Mandatory Electronic Filing For International Telecommunications Services and Other International Filings, IB Docket No. 04- 226, Notice of Proposed Rulemaking, FCC 04- 133, 19 FCC Rcd 12451 (2004) (Mandatory Electronic Filing NPRM). 2 This Order does not address satellite filings, international broadcast filings, or international fixed public radio filings. In addition, the Commission has sought comment on whether to require electronic filing of international traffic and revenue reports (47 C. F. R. §43.61) and circuit status reports (47 C. F. R. §43.82) in another proceeding. 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 (2004). 1 Federal Communications Commission FCC 05- 91 2 modifications; 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; and requests for assignment of an international signaling point code. As discussed below, the mandatory filing requirements will be implemented in stages as new forms are developed for IBFS. This phased- in implementation will allow for the development of additional forms consistent with changes in our rules. II. BACKGROUND 3. 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, is one such system through which applicants for authorizations for satellite and most international telecommunications services may file their applications electronically. 3 At present, applicants for authorizations related to most international telecommunications services may file their applications either electronically through IBFS 4 or on paper through the Office of the Secretary. Over the last seven years, IBFS has proved itself to be a reliable and efficient method for filing applications and obtaining critical information related to satellite and international telecommunications services. 4. The Commission has continuously worked to update its electronic systems in an effort to improve management of its workload. Use of electronic filing systems improves the Commission’s efficiency and provides the public with immediate access to public information and documents. Accordingly, the Commission has adopted, in a number of areas, mandatory electronic filing requirements to encourage the use of electronic systems for filing applications and other pleadings. 5 To promote the usage of electronic systems for filings related to the provision of international service, the Commission recently amended its rules to include IBFS as an official method of filing applications with the Commission. 6 In addition, on June 10, 2004, as a further step towards creating a fully- electronic licensing system, the Commission adopted a Notice of Proposed Rulemaking (NPRM) seeking comment 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 Bureau’s homepage at http:// www. fcc. gov/ ib. 5 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); Amendment of the Commission’s 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), (Third Report and Order) (adopting mandatory electronic filing for routine C- and Ku- band earth station applications), (adopting mandatory electronic filing for space station applications); and Fourth Report and Order, 19 FCC Rcd 7419 (2004) (Fourth Report and Order) (adopting mandatory electronic filing for all satellite and earth station filings); Amendment of Part 5 of the Commission’s Rules to Require Electronic Filing of Applications for Experimental Radio Licenses and Authorizations, Order, 18 FCC Rcd 16966 (2003); Amendment of the Commission’s Rules for Implementation of its Cable Operations and 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, (1998); and Electronic Tariff Filing System (ETFS), Order, 13 FCC Rcd 12335 (Com. Car. Bur., 1998). 6 See International Bureau Filing System (IBFS), Order, DA 04- 671, 19 FCC Rcd 4575 (2004). 2 Federal Communications Commission FCC 05- 91 3 on eliminating paper filings and mandating electronic filing via IBFS for all applications and other filings related to international telecommunications services. 7 No comments were filed in response to the NPRM. III. DISCUSSION A. Benefits of Mandatory Electronic Filing 5. We adopt the proposal set forth in the NPRM to mandate that all non- docketed filings for international telecommunications services be submitted electronically. Mandatory electronic filing of applications and other submissions related to international telecommunications service will benefit applicants, Commission staff, and the public generally. In particular, electronic filing eliminates the delays inherent in the manual filing processes, allowing for more efficient and timely processing of applications. Manual filings are inherently delayed through the normal course of mail delivery, and this delay has been aggravated by the periodic disruptions of regular mail delivery the Commission has experienced since 2001. 8 In addition, once manually filed applications are received at the Commission, the staff must convert the filings into electronic form either by scanning the documents or manually populating the data fields. This manual process increases the time needed to process the application and introduces the potential for errors as the information is entered into the system. 6. By contrast, the Commission receives electronically filed applications almost immediately, without the need for the staff to convert paper filings into computerized form, which expedites the process for putting the applications on public notice. 9 In addition, edit checks and validation features of electronic filing simplify the filing process for applicants, by automatically notifying applicants of any critical errors or omissions in their filings. Filings that require fee payments can be expedited if filed electronically, because IBFS permits users to pay fees electronically by credit card. Thus, the automated functions of electronic filing facilitate the filing process for the applicant and enable Commission staff to expedite processing of the applications. Moreover, the almost immediate and universal availability of the filed information to the public increases transparency, allowing all interested parties direct access to filed documents without the need to visit the Commission’s reference center. We expect the benefits to filers to increase once we complete enhancement of IBFS, at which time parties will be able to file electronic petitions to deny or non- docketed comments on the applications. 10 7. The fully- automated functions of electronic filing provide benefits to the Commission as well. Specifically, electronic filing reduces the time and resources needed to process each application or 7 See Mandatory Electronic Filing NPRM, 19 FCC Rcd 12451. 8 See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001). See 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). 9 Commission experience has shown that applications filed electronically can be processed in about half the time of paper applications, Third Report and Order, 18 FCC Rcd 13486; Amendment of the Space Station Licensing Rules and Policies, 2000 Biennial Review— Streamlining and Other Revisions of Part 25 of the Commission’s Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations, Notice of Proposed Rulemaking and First Report and Order, 17 FCC Rcd 3847 (2002) (Space Station Reform NPRM and First R& O). 10 We emphasize that this mandatory electronic filing requirement will apply only to pleadings in response to non- docketed submissions. Electronically filed pleadings in docketed proceedings will continue to be filed in the Commission’s Electronic Comment Filing System (ECFS). 3 Federal Communications Commission FCC 05- 91 4 notification. Applicants automatically populate the data fields on the electronic forms when they file their applications. Thus, electronic filing reduces Commission workload, and enables it to allocate better its resources to reviewing applications and preparing public notices or responses. Moreover, the electronically stored and generated data assists the Commission’s internal processes as it improves the quality and functional utility of data that is submitted to the Commission. 8. We received no comments in this proceeding, and therefore no evidence that filing electronically is burdensome for the filer. Moreover, we find that the continuous and substantial usage of IBFS as opposed to paper filing is the most telling indicator of the ease and benefits of electronic filing to the applicants. 11 A significant number of applications for international telecommunications services are now being filed electronically. In 2004, for example, 73 percent of all international filings were made electronically, as opposed to manually. In particular, 94 percent of section 214 applications, 67 percent of foreign carrier notifications, and 59 percent of submarine cable applications were filed electronically. In addition, 60 percent of section 214 transfer of control and assignment applications have been filed electronically since we implemented the electronic form in December 2004. The fact that a large and growing number of applicants file electronically is evidence that users have confidence in the ease and reliability of IBFS. 9. By mandating electronic filing of all applications (and other submissions as the forms become available), we will ensure that all applicants receive the benefits of efficient and expedited processing of their applications. Given the aforementioned benefits of electronic filing, and the fact that we received no comments opposing our proposal to mandate electronic filing, we adopt our proposal to require all parties to file electronically through the IBFS all applications and other submissions as identified below. Accordingly, we direct the Chief, International Bureau to make the electronic filing system revisions necessary to implement this electronic filing initiative. B. Types of Filings 10. At this time, because electronic forms have not yet been developed for all types of applications, we mandate electronic filing only for the types of filings listed in Appendix A for which electronic forms are currently available. We will require electronic filing for the filings listed in Appendix B as the new forms are introduced. As each new IBFS form becomes available for electronic processing, the International Bureau will issue a public notice announcing the availability of the new form and the effective date of mandatory filing for that particular type of filing. 11. We recognize that electronic filing of specific international service reports required under our rules may yield the same benefits that we have found for the electronic filing of applications and notifications. 12 Because the issue of mandatory filing of these reports was raised in a separate proceeding, we will not prejudge the outcome of that issue here. 13 If we determine that carriers should file those reports electronically, we will establish the appropriate requirements and adopt any necessary 11 In a recent proceeding, the Commission noted that filing an application electronically is no more burdensome than submitting paper applications, because a majority of applicants voluntarily file their applications on an electronic basis. Fourth Report and Order, 19 FCC Rcd at 7426, ¶ 18. 12 See 47 C. F. R. §§ 43.61, 43.82. 13 Reporting Requirements for U. S. Providers of International Telecommunications Services, Amendment of Part 43 of the Commission’s Rules, IB Docket No. 04- 112, Notice of Proposed Rulemaking, 19 FCC Rcd 6460, (2004). 4 Federal Communications Commission FCC 05- 91 5 rule changes in that proceeding. C. Transition Period and Waiver Requests 12. Consistent with the Commission’s proposal in the NPRM, we adopt a sixty- day transition period to allow applicants and carriers time to adjust to the new filing requirements. The sixty- day transition period will begin on the effective date of the new rules and will apply to those applications for which electronic forms are currently available, as identified in Appendix A. Thus, for these types of filings, sixty days after the effective date of the rules, manual filings will not be accepted and will be returned to the applicant without processing. Thereafter, the International Bureau will issue public notices announcing the availability of new forms for the types of filings listed in Appendix B and identify the effective date of the electronic filing requirement for a particular filing. At the end of the sixty- day transition period designated in the notice, we will no longer accept those filings in manual format and will return them to the applicant without processing. 13. Notwithstanding these transition periods, there may be limited instances where electronic filing may be unduly burdensome or create a hardship for some potential applicants. 14 For such cases, we will permit applicants to file a request for waiver of our electronic filing requirements under limited circumstances for good cause shown, pursuant to section 1.3 of our rules. 15 In order to qualify for a waiver, applicants must show, at a minimum, that filing electronically would cause a hardship, and they must plead with particularity the facts and circumstances warranting relief. 16 For example, the applicant must set forth the specific reasons why electronic filing would constitute an unreasonable burden or expense. This approach is consistent with our precedent and addresses the concern that our electronic filing requirements may be unduly burdensome for certain applicants. 17 We expect the number of waiver requests to be small, and we will not routinely grant waivers of our mandatory filing requirement. D. Confidential Filings 14. Applicants or commenting parties that seek to file confidentially or to preserve the confidentiality of a piece of information in a filing may request such treatment under section 0.459 of the Commission’s rules. 18 At this time, however, IBFS can not accommodate confidential electronic filings. With prior notification and approval, however, we can enable the system to accept confidential filings. Moreover, the International Bureau staff will continue to consider requests for confidentiality prior to placing the application on public notice subject to the provisions of section 0.459. As soon as the IBFS system can accommodate confidentially filed pleadings, the public will be notified and required to utilize 14 See Mandatory Electronic Filing NPRM, 19 FCC Rcd 12451, 12456- 457. 15 47 C. F. R. § 1.3 (2004). 16 See WAIT Radio v. FCC, 418 F. 2d 1153, 1157 (D. C. Cir. 1969). 17 See, e. g., Amendment of the Commission’s Rules for Implementation of its Cable Operations And Licensing System (COALS) to Allow for Electronic Filing of Licensing Applications, Forms, Registrations, and Notifications in the Multichannel Video and Cable Television Service and the Cable Television Relay Service, CS Docket No. 00- 78, Report and Order, FCC 03- 55, 18 FCC Rcd 5162 (2003). 18 47 C. F. R. § 0.459 (2004) 5 Federal Communications Commission FCC 05- 91 6 the electronic filing procedures. 19 IV. CONCLUSION 15. In conclusion, mandating electronic filing will allow applicants to make international filings more rapidly and efficiently, will improve the speed and efficiency of application processing, and expedite the availability of the application information for public usage and inspection and conserve Commission resources. Accordingly, we adopt mandatory electronic filing for all international telecommunications applications and notifications as specified above. Our action here is another important step towards creating a fully- electronic licensing system at the Commission. V. PROCEDURAL MATTERS A. Final Regulatory Flexibility Certification 16. The Regulatory Flexibility Act of 1980, as amended (RFA) 20 requires that a regulatory flexibility analysis be prepared for any rule making proceeding that requires notice- and- comment, unless the agency certifies that the “rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” 21 The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” 22 The term “small business” has the same meaning as the term “small business concern” under the Small Business Act. 23 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). 24 17. Pursuant to the RFA, the Commission incorporated an Initial Regulatory Flexibility Certification into the NPRM. 25 In the Certification, the Commission tentatively concluded that the proposals contained in the NPRM were in the public interest and would not impose undue burdens on carriers, small or large. Further, any burdens caused by mandating electronic filing would be offset by the fact that services to the public would likely be expedited. We received no comments on the NPRM or the Initial Regulatory Flexibility Certification. 19 We note that the Universal Licensing System (ULS) currently has the capability of handling wireless applications confidentially. 20 The RFA, see 5 U. S. C. §§ 601 – 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104- 121, Title II, 110 Stat. 857 (1996). 21 5 U. S. C. § 605( b). 22 5 U. S. C. § 601( 6). 23 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 the 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.” 24 15 U. S. C. § 632. 25 Mandatory Electronic Filing NPRM, 19 FCC Rcd at 12451, ¶¶ 22- 24. 6 Federal Communications Commission FCC 05- 91 7 18. In this Report and Order, the Commission adopts mandatory electronic filing for applications and other filings associated with international telecommunications services. 26 Mandatory electronic filing is in the public interest and will not impose undue burdens on a significant number of small entities that are now required to file for international telecommunications services. Further, the processing of these filings will be expedited by mandatory electronic filing. 19. We certify that the requirements of the Report and Order will not have a significant economic impact on a substantial number of entities. 20. Report to Congress: The Commission will send a copy of the Order, including a copy of the Final Regulatory Flexibility Certification, in a report to Congress. 27 In addition, the Commission will send a copy of the Order, including a copy of the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the SBA. A copy of the Order and Final Regulatory Flexibility Certification will also be published in the Federal Register. 28 B. Final Paperwork Reduction Act of 1995 Analysis 21. This Report and Order contains either new or modified information collections subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104- 13. It has been submitted to the Office Of Management and Budget (OMB) for review under section 3507( d) of the PRA. OMB, the general public, and other Federal agencies are invited to comment on the modified information collection contained in this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law No. 107- 198, (see 44 U. S. C. § 3506 (c)( 4)), the Commission previously sought specific comment on how the Commission might “further reduce the information collection burden for small business concerns with fewer than 25 employees.” 22. In this Report and Order, we have assessed the effects of mandatory electronic filing of all applications and other filings related to international services. Mandatory electronic filing will allow all applicants, including small entities, to make filings more rapidly and efficiently. The Report and Order also provides for a transition period that will allow all applicants and carriers to adjust to the new rules. Finally, the Report and Order permits an applicant to seek a waiver of the rules in the limited instances where electronic filing may be burdensome. 23. All comments regarding the requests for approval of the information collection, both regular and emergency, should be submitted to Judith B. Herman, Federal Communications Commission, Room 1- C804, 445 12 th Street, SW, Washington, DC 20554, or via the Internet to Judith- B. Herman@ fcc. gov; phone 202- 418- 0214. VI. ORDERING CLAUSES 24. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4( i)- 4( j), 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), 201- 205, 211, 214, 219- 220, 303( r), 309, 403, the policies, rules and requirements discussed herein ARE ADOPTED and Parts 1, 63, and 64 of the Commission’s rules, 47 C. F. R. §§ 1, 63, and 64 26 See supra at III. 27 See 5 U. S. C. § 801( a)( 1)( A) 28 See 5 U. S. C. § 605( b). 7 Federal Communications Commission FCC 05- 91 8 ARE AMENDED as set forth in Appendix C. 25. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with Section 603( a) of the Regulatory Flexibility Act, 5 U. S. C. § 601 et seq. 26. IT IS FURTHER ORDERED that the policies, rules and requirements established in this decision shall take effect thirty days after publication in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 8 Federal Communications Commission FCC 05- 91 9 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. §63.12 §63.18 §63.20 International Telecommunications Certificate (ITC) – Assignment ITC- ASG Application for, or notification of, 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 International Telecommunications Certificate (ITC) -- Transfer of Control ITC- T/ C Application for, or notification of, transfer of 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 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 9 Federal Communications Commission FCC 05- 91 10 Name of Filing IBFS Abbreviation Brief Description Rule Section 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 that 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- 34 (1987) FOREIGN CARRIER NOTIFICATION Foreign Carrier Affiliation Notification (FCN) FCN- NEW Notification by an authorized international section 214 license holder, either prior to or after the consummation of an investment resulting in a foreign carrier affiliation, as detailed in the rules. §63.11 10 Federal Communications Commission FCC 05- 91 11 Name of Filing IBFS Abbreviation Brief Description Rule Section 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 Telecommunication Convention. International Telecommunication 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 11 Federal Communications Commission FCC 05- 91 12 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 §63.51 §1.65 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 International Telecommunications Certificate (ITC) -- Other Filings TBD Notification of miscellaneous items such as notification of wholly-owned subsidiaries, name change, discontinuances, notification of consummation of transfers of control and assignments. §63.21 §63.21 §63.24 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, §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 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 Submarine Cable Landing License SCL- MOD Modification application requesting authority to §1.767 12 Federal Communications Commission FCC 05- 91 13 Name of Filing IBFS Abbreviation Brief Description Rule Section (SCL) – Modification 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. 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 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 Submarine Cable Landing License (SCL) -- Other Filings TBD Notification of miscellaneous items such as name changes, notification of consummation of transfers of control and assignments. §1.767 Submarine Cable Landing License (SCL) -- Notification of Operation TBD Notification of the commencement of service and/ or termination of service. §1.767 ACCOUNTING RATE CHANGE International Accounting Rate Changes (ARC) – Waiver ARC- WAV Request to waive the Commission’s International Settlements Policy. §64.1002 International Accounting Rate Changes (ARC) -- Other Filings TBD Notification of miscellaneous items. 13 Federal Communications Commission FCC 05- 91 14 Name of Filing IBFS Abbreviation Brief Description Rule Section FOR OTHER FILINGS RELATED TO INT’L 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); §1.2; §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); §1.2; §63.13. International Special Project ISP -- Other Filings TBD Request to waive the Commission’s 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 Filings TBD Notification of miscellaneous items. 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 TBD Request to surrender its DNC code for reassignment R& O in Docket 83- 1230 14 Federal Communications Commission FCC 05- 91 15 Name of Filing IBFS Abbreviation Brief Description Rule Section (DNC) -- Code Surrender when a company operating a packet- switched network ceases operations. 104 FCC 2d 208 (1986), recon. grtd in part, 2 FCC Rcd 7375 (1987) FOREIGN CARRIER NOTIFICATION Foreign Carrier Affiliation Notification (FCN) TBD Notification by an authorized international cable landing license holder, either prior to or after the consummation of an investment resulting in a foreign carrier affiliation, as detailed in the rules. §1.768 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 Telecommunication 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 the Administrator for reassignment pursuant to the guidelines. ITU- T Recommendation Q. 708 International Signaling Point Code (SPC) -- Inactivation TBD Notification that you no longer require your SPC and that you are returning it to ITU- T Recommendation Q. 708 15 Federal Communications Commission FCC 05- 91 16 Name of Filing IBFS Abbreviation Brief Description Rule Section of Signaling Point Codes the Administrator for reassignment. 16 Federal Communications Commission FCC 05- 91 17 APPENDIX C FINAL RULES Parts 1, 63, and 64 of the Commission’s 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 paragraphs (a), (a)( 11)( iii), (g)( 7) , (g)( 14), (j), and adding paragraph (n) 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. These applications should contain: (1) * * * * * * * * (11) * * * (iii) An assignee or transferee must notify the Commission no later than thirty (30) days after either consummation of the assignment or transfer or a decision not to consummate the assignment or transfer. The notification shall identify the file numbers under which the initial license and the authorization of the assignment or transfer were granted. * * * * * (g) * * * * * * * * (7) A pro forma assignee or person or company that is the subject of a pro forma transfer of control of a cable landing license is not required to seek prior approval for the pro forma transaction. A pro forma assignee or person or company that is the subject of a pro forma transfer of control must notify the Commission no later than thirty (30) days after the assignment or transfer of control is consummated. The notification must certify that the assignment or transfer of control was pro forma, as defined in § 63.24 of this chapter, and, together with all previous pro forma transactions, does not result in a change of the licensee’s ultimate control. The licensee may 17 Federal Communications Commission FCC 05- 91 18 file a single notification for an assignment or transfer of control of multiple licenses issued in the name of the licensee if each license is identified by the file number under which it was granted; * * * * * (14) The licensee must notify the Commission within thirty (30) days of the date the cable is placed into service. The cable landing license shall expire twenty- five (25) years from the in- service date, unless renewed or extended upon proper application. Upon expiration, all rights granted under the license shall be terminated. * * * * * (j) Applications for streamlining. Each applicant seeking to use the streamlined grant procedure specified in paragraph (i) of this section shall request streamlined processing in its application. Applications for streamlined processing shall include the information and certifications required by paragraph (k) of this section. On the date of filing with the Commission, the applicant shall also send a complete copy of the application, or any major amendments or other material filings regarding the application, to: U. S. Coordinator, EB/ CIP, U. S. Department of State, 2201 C Street, NW, Washington, DC 20520- 5818; Office of Chief Counsel/ NTIA, U. S. Department of Commerce, 14th St. and Constitution Ave., NW, Washington, DC 20230; and Defense Information Systems Agency, Code RGC, 701 S. Courthouse Road, Arlington, Va. 22204, and shall certify such service on a service list attached to the application or other filing. * * * * * (n) Subject to the availability of electronic forms, all applications and notifications 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. * * * * * 3. Section 1.768 is amended by revising paragraphs (h) and (i) and adding a new paragraph (j) to read as follows: § 1.768 Notification by and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier. * * * * * (h) All licensees are responsible for the continuing accuracy of information provided pursuant to this section for a period of forty- five (45) days after filing. During this period if the information furnished is no longer accurate, the licensee shall as promptly as possible, and in any 18 Federal Communications Commission FCC 05- 91 19 event within ten (10) days, unless good cause is shown, file with the Commission a corrected notification referencing the FCC file numbers under which the original notification was provided. (i) A licensee that files a prior notification pursuant to paragraph (a) of this section may request confidential treatment of its filing, pursuant to § 0.459 of this chapter, for the first twenty (20) days after filing. (j) Subject to the availability of electronic forms, all notifications 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. * * * * * 4. Section 1.10006 is amended by removing paragraphs (a) and (b) and adding an introductory paragraph to read as follows: § 1.10006 Is electronic filing mandatory? Electronic filing is mandatory for all applications for international and satellite services for which an International Bureau Filing System (IBFS) form is available. Applications for which an electronic form is not available must be filed by paper until new forms are introduced. See §§ 63.20 and 63.53. As each new IBFS form becomes available for electronic filing, the Commission will issue a public notice announcing the availability of the new form and the effective date of mandatory filing for this particular type of filing. As each new form becomes effective, manual filings will not be accepted by the Commission and the filings will be returned to the applicant without processing. Mandatory electronic filing requirements for applications for international and satellite services are set forth in parts 1, 25, 63, and 64 of this chapter. 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. 5. Section 1.10007 is amended by deleting paragraph (a), redesignating paragraph (b) as paragraph (a), paragraph (c) as paragraph (b), paragraph (d) as paragraph (c), and revising paragraph (a) to read as follows: § 1.10007 What applications must be filed electronically? (a) For a complete list of applications or notifications that must be filed electronically, see the IBFS Web site at www. fcc. gov/ ibfs. * * * * * PART 63 – EXTENSION OF LINES, NEW LINES AND DISCONTINUANCE, 19 Federal Communications Commission FCC 05- 91 20 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. 6. Section 63.11 is amended by removing paragraph (g), redesignating paragraph (h) as paragraph (g), redesignating paragraph (i) as paragraph (h), redesignating paragraph (j) as paragraph (i), revising paragraph (h) and (i), and adding paragraph (j) 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. * * * * * (h) All authorized carriers are responsible for the continuing accuracy of information provided pursuant to this section for a period of forty- five (45) days after filing. During this period if the information furnished is no longer accurate, the authorized carrier shall as promptly as possible, and in any event within ten (10) days, unless good cause is shown, file with the Commission a corrected notification referencing the FCC file numbers under which the original notification was provided, except that the carrier shall immediately inform the Commission, if at any time, not limited to the forty- five (45) days, the representations in the “special concessions” certification provided under paragraph (e)( 6) of this section or § 63.18( n) are no longer true. See § 63.18( n). (i) A carrier that files a prior notification pursuant to paragraph (a) of this section may request confidential treatment of its filing, pursuant to § 0.459 of this chapter, for the first twenty (20) days after filing. (j) Subject to the availability of electronic forms, notifications 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. 7. Section 63.18 is amended by revising the introductory paragraph and adding paragraph (q) 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, 20 Federal Communications Commission FCC 05- 91 21 and a foreign point shall request such authority by formal application. The application shall include information demonstrating how the grant of the application will serve the public interest, convenience, and necessity. Such demonstration shall consist of the following information, as applicable: * * * * * (q) Subject to the availability of electronic forms, all applications 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. * * * * * 8. Section 63.19 is amended by adding paragraph (d) to read as follows §63.19 Special procedures for discontinuances of international services. * * * * * (d) Subject to the availability of electronic forms, all 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. 9. Section 63.20 is amended by revising the title and paragraph (a) to read as follows: § 63.20 Electronic filing, copies required; fees; and filing periods for international service providers. (a) Subject to the availability of electronic forms, all 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. Each application shall be accompanied by the fee prescribed in subpart G of part 1 of this chapter. For applications filed electronically it is not necessary to send the original or any copies with the fee payment. For applications and other filings that are not submitted electronically, an original and five (5) copies of the submission must be filed with the Commission. Upon request by the Commission, additional copies shall be furnished. * * * * * 21 Federal Communications Commission FCC 05- 91 22 10. Section 63.21 is amended by revising paragraphs (a), (h), (i) and adding paragraph (j) to read as follows: § 63.21 Conditions applicable to all international Section 214 authorizations. * * * * * (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 § 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 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. * * * * * 11. Section 63.24 is amended by revising paragraphs (e)( 4), (f)( 2), and (f)( 3) and adding new paragraph (h) to read as follows: § 63.24 Assignments and transfers of control. 22 Federal Communications Commission FCC 05- 91 23 * * * * * (e) * * * (l) * * * (2) * * * (3) * * * (4) An assignee or transferee must notify the Commission no later than thirty (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) * * * (1) * * * (2) A pro forma assignee or a carrier that is subject to a pro forma transfer of control must file a notification with the Commission no later than thirty (30) days after the assignment or transfer is completed. The notification must contain the following: (3) A single notification may be filed for an assignment or transfer of control of more than one authorization if each authorization is identified by the file number under which it was granted. (i) * * * (ii) * * * (3) * * * * * * * * (h) Subject to the availability of electronic forms, all applications and notifications 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. * * * * * 23 Federal Communications Commission FCC 05- 91 24 12. Section 63.25 is amended by revising paragraphs (b), (c), (d)( 2) and adding paragraph (e) to read as follows: § 63.25 Special provisions relating to temporary or emergency service by international carriers. * * * * * (b) Applicants seeking immediate authorization to provide temporary service or emergency service must file their request with the Commission. Requests must set 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. (c) Without regard to the other requirements of this part, and by application setting forth the need therefore, any carrier may request continuing authority, subject to termination by the Commission at any time upon ten (10) days’ notice to the carrier, to provide temporary or emergency service by the construction or installation of facilities where the estimated construction, installation, and acquisition costs do not exceed $35,000 or an annual rental of not more than $7,000 provided that such project does not involve a major action under the Commission’s environmental rules. (See Subpart I of Part 1 of this chapter.) Any carrier to which continuing authority has been granted under this paragraph shall, not later than the 30 th day following the end of each 6- month period covered by such authority, file with the Commission a statement making reference to this paragraph and setting forth, with respect to each project (construction, installation, lease, including any renewals thereof), which was commenced or, in the case of leases, entered into under such authority, and renewal or renewals thereof which were in continuous effect for a period of more than one week, the following information: (1) * * * * * * * * (d) * * * (1) * * * (2) Such request shall make reference to this paragraph and set forth the points between which applicant desires to operate facilities of other carriers and the nature of the traffic to be handled. (3) * * * (e) Subject to the availability of electronic forms, all applications and notifications 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 24 Federal Communications Commission FCC 05- 91 25 homepage. For information on electronic filing requirements, see part 1, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. * * * * * 13. Section 63.51 is amended by revising paragraph (c) to read as follows: § 63.51 Additional Information. (c) Any additional information which the Commission may require must be submitted in the same manner as was the original filing. For information on filing requirements, see part 1, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs, and § 63.20. * * * * * 14. Section 63.53 is amended by revising paragraphs (a)( 1), (a)( 2) and paragraph (b) to read as follows: § 63.53 Form. (a)( 1) Applications for international service under section 214 of the Communications Act must be filed electronically with the Commission. For applications filed electronically it is not necessary to send the original or any copies with the fee payment. Subject to the availability of electronic forms, all applications 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20. (2) Applications for international service under section 214 of the Communications Act that are not filed through IBFS shall be submitted on paper not more than 21.6 cm (8.5 in) wide and not more than 35.6 cm (14 in) long with a left- hand margin of 4 cm (1.5 in). This requirement shall not apply to original documents, or admissible copies thereof, offered as exhibits or to specially prepared exhibits. The impression shall be on one side of the paper only and shall be double- spaced, except that long quotations shall be single- spaced and indented. All papers, except charts and maps, shall be typewritten or prepared by mechanical processing methods, other than letter press, or printed. The foregoing shall not apply to official publications. All copies must be clearly legible. (b) Applications for domestic authorizations under section 214 of the Communications Act shall be submitted on paper not more than 21.6 cm (8.5 in) wide and not more than 35.6 cm (14 in) long with a left- hand margin of 4 cm (1.5 in). This requirement shall not apply to original documents, or admissible copies thereof, offered as exhibits or to specially prepared exhibits. The 25 Federal Communications Commission FCC 05- 91 26 impression shall be on one side of the paper only and shall be double- spaced, except that long quotations shall be single- spaced and indented. All papers, except charts and maps, shall be typewritten or prepared by mechanical processing methods, other than letter press, or printed. The foregoing shall not apply to official publications. All copies must be clearly legible. * * * * * 15. Section 63.701 is amended by revising the introductory paragraph and adding paragraph (j) § 63.701 Contents of Application. Except as otherwise provided in this part, any party requesting designation as a recognized private operating agency within the meaning of the International Telecommunication Convention shall file a request for such designation with the Commission. A request for designation as a recognized private 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 party is aware that it is obligated under Article 6 of the ITU Constitution to obey the mandatory provisions thereof, and all regulations promulgated there under, 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 party 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: * * * * * (j) Subject to the availability of electronic forms, all 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. 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, 222, 225, 226, 228, and 254( k) unless otherwise noted. 16. Section 64.1001 is amended by revising paragraph (a) and adding paragraph (f) to read as follows: § 64.1001 Requests to modify international settlement arrangements. (a) 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 26 Federal Communications Commission FCC 05- 91 27 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. (b) *** * * * * * (f) Subject to the availability of electronic forms, all modifications and related submissions 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. * * * * * 17. Section 64.1002 is amended by revising paragraph (c) and adding paragraph (e) to read as follows: § 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 must make its request 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 Commission’s 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 Bureau’s World Wide Web site at http:// www. fcc. gov/ ib. * * * * * (e) Subject to the availability of electronic forms, all 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, §§ 1.1000- 1.10018 and the IBFS homepage at www. fcc. gov/ ibfs. See also §§ 63.20 and 63.53. * * * * * 27