1、227 Federal Communications Commission Pt. 63 change. The successor carrier may ei-ther immediately reissue the entire tariff in its own name, or immediately file an adoption notice. Within 35 days of filing an adoption notice, the suc-cessor must reissue the entire tariff in its own name. The reissu
2、ed tariff must be numbered in the series of the suc-cessor carrier, and must contain all original pages without changes in regu-lations or rates. The transmittal letter must state the tariff is being filed to show a change in the carriers name pursuant to 61.171 of the Commissions Rules. The adoptio
3、n notice, if used, must read as follows: The (Exact name of successor carrier or re-ceiver) here adopts, ratifies and makes its own in every respect, all applicable tariffs and amendments filed with the Federal Com-munications Commission by (predecessor) prior to (date). 61.172 Changes to be incorpo
4、rated in tariffs of successor carrier. When only a portion of properties is transferred to a successor carrier, that carrier must incorporate in its tariff the rates applying locally between points on the transferred portion. Moreover, the predecessor carrier must simultaneously cancel the cor-respo
5、nding rates from its tariffs, and reference the FCC number of the suc-cessor carriers tariff containing the rates that will thereafter apply. Subpart JSuspensions 61.191 Carrier to file supplement when notified of suspension. If a carrier is notified by the Com-mission that its tariff publication ha
6、s been suspended, the carrier must file, within five business days from the re-lease date of the suspension order, a consecutively numbered supplement without an effective date, which speci-fies the schedules which have been sus-pended. 64 FR 46593, Aug. 26, 1999 61.192 Contents of supplement an-nou
7、ncing suspension. (a) A supplement announcing a sus-pension by the Commission must speci-fy the term of suspension imposed by the Commission. (b) A supplement announcing a sus-pension of either an entire tariff or a part of a tariff publication, must speci-fy the applicable tariff publication ef-fec
8、tive during the period of suspension. 61.193 Vacation of suspension order; supplements announcing same; etc. If the Commission vacates a suspen-sion order, the affected carrier must issue a supplement or revised page stating the Commissions action as well as the lawful schedules. PART 63EXTENSION OF
9、 LINES, NEW LINES, AND DISCONTINU-ANCE, REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF RECOGNIZED PRI-VATE OPERATING AGENCY STA-TUS EXTENSIONS AND SUPPLEMENTS Sec. 63.01 Authority for all domestic common carriers. 63.02 Exemptions for extensions of lines and for system
10、s for the delivery of video pro-gramming. 63.03 Streamlining procedures for domestic transfer of control applications. 63.04 Filing procedures for domestic trans-fer of control applications. 63.09 Definitions applicable to international Section 214 authorizations. 63.10 Regulatory classification of
11、U.S. inter-national carriers. 63.11 Notification by and prior approval for U.S. international carriers that are or propose to become affiliated with a for-eign carrier. 63.12 Processing of international Section 214 applications. 63.13 Procedures for modifying regulatory classification of U.S. intern
12、ational car-riers from dominant to non-dominant. 63.14 Prohibition on agreeing to accept spe-cial concessions. 63.16 Switched services over private lines. 63.17 Special provisions for U.S. inter-national common carriers. 63.18 Contents of applications for inter-national common carriers. 63.19 Specia
13、l procedures for discontinuances of international services. 63.20 Electronic filing, copies required; fees; and filing periods for international serv-ice providers. 63.21 Conditions applicable to all inter-national Section 214 authorizations. VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Fr
14、m 00237 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-228 47 CFR Ch. I (10110 Edition) 63.01 63.22 Facilities-based international common carriers. 63.23 Resale-based internat
15、ional common carriers. 63.24 Assignments and transfers of control. 63.25 Special provisions relating to tem-porary or emergency service by inter-national carriers. GENERAL PROVISIONS RELATING TO ALL APPLICATIONS UNDER SECTION 214 63.50 Amendment of applications. 63.51 Additional information. 63.52 C
16、opies required; fees; and filing peri-ods for domestic authorizations. 63.53 Form. DISCONTINUANCE, REDUCTION, OUTAGE AND IMPAIRMENT 63.60 Definitions. 63.61 Applicability. 63.62 Type of discontinuance, reduction, or impairment of telephone or telegraph service requiring formal application. 63.63 Eme
17、rgency discontinuance, reduction, or impairment of service. 63.65 Closure of public toll station where another toll station of applicant in the community will continue service. 63.66 Closure of or reduction of hours of service at telephone exchanges at mili-tary establishments. 63.71 Procedures for
18、discontinuance, reduc-tion or impairment of service by domes-tic carriers. 63.90 Publication and posting of notices. 63.100 Notification of service outage. CONTENTS OF APPLICATIONS; EXAMPLES 63.500 Contents of applications to dismantle or remove a trunk line. 63.501 Contents of applications to sever
19、 physical connection or to terminate or suspend interchange of traffic with an-other carrier. 63.504 Contents of applications to close a public toll station where no other such toll station of the applicant in the com-munity will continue service and where telephone toll service is not otherwise ava
20、ilable to the public through a tele-phone exchange connected with the toll lines of a carrier. 63.505 Contents of applications for any type of discontinuance, reduction, or impair-ment of telephone service not specifi-cally provided for in this part. 63.601 Contents of applications for author-ity to
21、 reduce the hours of service of pub-lic coast stations under the conditions specified in 63.70. REQUEST FOR DESIGNATION AS A RECOGNIZED PRIVATE OPERATING AGENCY 63.701 Contents of application. 63.702 Form. AUTHORITY: Sections 1, 4(i), 4(j), 10, 11, 201 205, 214, 218, 403 and 651 of the Communica-tio
22、ns Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 160, 201205, 214, 218, 403, and 571, unless otherwise noted. SOURCE: 28 FR 13229, Dec. 5, 1963, unless otherwise noted. EXTENSIONS AND SUPPLEMENTS 63.01 Authority for all domestic com-mon carriers. (a) Any party that would be a domes-tic int
23、erstate communications com-mon carrier is authorized to provide domestic, interstate services to any do-mestic point and to construct or oper-ate any domestic transmission line as long as it obtains all necessary author-izations from the Commission for use of radio frequencies. (b) Domestic common c
24、arriers sub-ject to this section shall not engage in any line construction that may have a significant effect on the environment as defined in 1.1307 of this chapter without prior compliance with the Commissions environmental rules. See 1.1312 of this chapter. 64 FR 39939, July 23, 1999, as amended
25、at 67 FR 18830, Apr. 17, 2002 63.02 Exemptions for extensions of lines and for systems for the deliv-ery of video programming. (a) Any common carrier is exempt from the requirements of section 214 of the Communications Act of 1934, as amended, for the extension of any line. (b) A common carrier shal
26、l not be re-quired to obtain a certificate under section 214 of the Communications Act of 1934 with respect to the establish-ment 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 appli-cations. A
27、ny domestic carrier that seeks to transfer control of lines or authoriza-tion 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
28、 applicants VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-229 Federal Communications Commission 63.03 have fi
29、led a complete application and that the application is appropriate for streamlined treatment, the Common Carrier Bureau will issue a public no-tice stating that the application has been accepted for filing as a stream-lined application. Unless otherwise no-tified by the Commission, an applicant is p
30、ermitted to transfer control of the domestic lines or authorization to op-erate 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 ap-plication, but only in accordance with the operations proposed in
31、its applica-tion. Comments on streamlined appli-cations 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 applicat
32、ions 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 pro-vided in this rule shall be presumed to apply to all transfer of control applica-tions in which: (
33、i) Both applicants are non-facilities- based carriers; (ii) The transferee is not a tele-communications provider; or (iii) The proposed transaction in-volves only the transfer of the local ex-change assets of an incumbent LEC by means other than an acquisition of cor-porate control. (2) Where a prop
34、osed transaction would result in a transferee having a market share in the interstate, inter-exchange market of less than 10 per-cent, and the transferee would provide competitive telephone exchange serv-ices or exchange access services (if at all) exclusively in geographic areas served by a dominan
35、t local exchange carrier that is not a party to the trans-action, the streamlined procedures pro-vided in this rule shall be presumed to apply to transfer of control applica-tions in which: (i) Neither of the applicants is domi-nant with respect to any service; (ii) The applicants are a dominant car
36、rier and a non-dominant carrier 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 (as defined in 64.1902 of this chapter) that have, in combination, fewer than two (2) perc
37、ent of the nations subscriber lines installed in the aggregate nation-wide, and no overlapping or adjacent service areas. (3) For purposes of (b)(1) and (2) of this paragraph, the terms applicant, carrier, party, and transferee (and their plural forms) include any af-filiates of such entities within
38、 the meaning of section 3(1) of the Commu-nications Act of 1934, as amended. (c) Removal of Application from Stream-lined Processing. (1) At any time after an application is filed, the Commis-sion, acting through the Chief of the Wireline Competition Bureau, may no-tify an applicant that its applica
39、tion is being removed from streamlined proc-essing, or will not be subject to stream-lined processing. Examples of appro-priate circumstances for such action are: (i) An application is associated with a non-routine request for waiver of the Commissions rules; (ii) An application would, on its face,
40、violate a Commission rule or the Com-munications Act; (iii) An applicant fails to respond promptly to Commission inquiries; (iv) Timely-filed comments on the application raise public interest con-cerns that require further Commission review; or (v) The Commission, acting through the Chief of the Wir
41、eline Competition Bureau, otherwise determines that the application requires further analysis to determine whether a proposed transfer of control would serve the public inter-est. (2) Notification will be by public no-tice that states the reason for removal or non-streamlined treatment, and in-dicat
42、es the expected timeframe for Commission action on the application. Except in extraordinary circumstances, final action on the application should be expected no later than 180 days from public notice that the application has been accepted for filing. VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO
43、00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-230 47 CFR Ch. I (10110 Edition) 63.04 1Control includes actual working con-trol in whatever manner exercised an
44、d is not limited to majority stock ownership. Con-trol also includes direct or indirect owner-ship or control, such as through intervening subsidiaries. See 47 CFR 63.09. (d) Pro Forma Transactions. (1) Any party that would be a domestic com-mon carrier under section 214 of the Communications Act of
45、 1934, as amend-ed, is authorized to undertake any cor-porate restructuring, reorganization or liquidation of internal business oper-ations that does not result in a change in ultimate ownership or control of the carriers lines or authorization to oper-ate, including transfers in bankruptcy proceedi
46、ngs to a trustee or to the car-rier itself as a debtor-in-possession.1Under this rule, a transfer of control of a domestic line or authorization to op-erate is considered pro forma when, to-gether with all previous internal cor-porate restructurings, the transaction does not result in a change in th
47、e car-riers ultimate ownership or control, or otherwise falls into one of the illus-trative categories found in 63.24 of this part governing transfers of control of international carriers under section 214 of the Communications Act of 1934, as amended. (2) Any party that would be a domes-tic common
48、carrier under section 214 of the Communications Act of 1934, as amended, must notify the Commission no later than 30 days after control of the carrier is transferred to a trustee under Chapter 7 of the Bankruptcy Code, a debtor-in-possession under Chapter 11 of the Bankruptcy Code, or any other part
49、y pursuant to any appli-cable chapter of the Bankruptcy Code when that transfer does not result in a change in ultimate ownership or con-trol of the carriers lines or authoriza-tion to operate. The notification can be in the form of a letter (in duplicate to the Secretary). The letter or other form of notification must also contain the information listed in paragraphs (a)(1) through (a)(4) in 63.04. A single letter may be filed
