DRAFT – March 2024
ITC-FCN Form
FCC [[#]] ITC-FCN |
Notification of Foreign Carrier Affiliation of a U.S.-International Carrier as Required by Section 63.11 of the Commission’s Rules
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Not Yet Approved by OMB No. 3060-0686 Estimated time per response: 7-8 hours Edition date: [XXXX 2024] |
[link to instructions]
Carrier Information
Authorized Carrier Information:
FRN
Legal Entity Type (Select One)
Unincorporated Association: (check box)
Government Entity: (check box)
Corporation: (check box)
Limited Liability Company: (check box)
General Partnership: (check box)
Limited Partnership: (check box)
Limited Liability Partnership: (check box)
Other: (check box and then a fill-in box)
Name and title; Doing Business As (DBA), address; phone; fax; email; attention to (imported from CORES during authentication)
Contact Information:
Check here if same as Authorized Carrier: (check box)
(If different from the Authorized Carrier): Name and title; DBA, company name; relationship, address; phone; fax; email (individual fields are editable)
Identify the Government, State, or Territory under the laws of which each corporate or partnership Carrier is organized:
[Drop-down menu with list of countries and states, if the United States is selected, with the ability to add/remove in case of multiple entries]
(a) Authorized Carrier Name |
(b)(1) Government where Carrier is Organized |
(b)(2) State or Territory where Carrier if Organized |
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Notification Information
Brief Description of Notification: (fill-in box)
Identify the type of notification for foreign carrier affiliation:
[If 5.a is checked, display] If filing prior notification, as required by section 63.11(g)(2) of the Commission’s rules, the Authorized Carrier must demonstrate that it continues to serve the public interest for the Authorized carrier to operate on the route for which the Authorized carrier proposes to acquire an affiliation with the foreign carrier authorized to operate in the non-World Trade Organization (WTO) Member country. Such a showing shall include a demonstration as to whether the foreign carrier lacks market power in the non-WTO Member country with reference to the criteria in 47 CFR § 63.10(a). If the Authorized Carrier is unable to make the required showing, the Authorized Carrier shall agree to comply with the dominant carrier safeguards contained in section 63.10(c), effective upon the acquisition of the affiliation.
[If yes,] In an attachment, submit the information required by section 0.459 of the Commission’s rules for a request for confidential treatment of the filing.
No (check box)
5.b. Post-Consummation Notification pursuant to the exceptions in section 63.11(b) of the Commission’s rules. (check box)
5.b.1. [If Q5.b. is selected] If filing a Post-Consummation Notification, identify the rule exception on which the Authorized Carrier is relying:
Section 63.11(b)(1)(i) – The Commission has previously determined in an adjudication that the foreign carrier lacks market power in that destination market. (check box)
Section 68.11(b)(1)(ii) – The foreign carrier owns no facilities in that destination market. (check box)
Section 68.11(b)(2)(i) – The Authorized Carrier demonstrates that it is entitled to retain non-dominant classification on its newly affiliated route pursuant to section 63.10 of the Commission’s rules. (check box)
Section 68.11(b)(2)(ii) – The Authorized Carrier agrees to comply with the dominant carrier safeguards contained in section 63.10 of the Commission’s rules effective upon the acquisition of the affiliation. (check box)
(a) Name of Foreign Carrier |
(b) Date of Closing |
[Text box] [multiple rows] |
[Text box for date] [If the date entered is later than 30 days before current date, display message below] |
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Submit an explanation as to why the notification was not provided to the Commission 30 days or less after the consummation in accordance with section 63.11(c) of the Commission’s rules as an attachment.
Identify the international section 214 authorization(s) held by the Authorized Carrier subject to this notification:
(a) AuthID/File Number |
(b) Type of Authorization |
[Text box for AuthID/ITC-214, ITC-MOD file number]
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[Text box or drop-down menu]
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[Ability to add/remove rows]
Has the Authorized Carrier provided a narrative description of the Foreign Carrier Affiliation?
Is there an accompanying Assignment or Transfer of Control Application filed with the Commission?
ICFS file number(s) of the Assignment or Transfer of Control Application: [text box]
Date of Filings: [text box]
No (check box)
Does the Authorized Carrier have a 10% or greater direct or indirect foreign owner?
Is there a separately filed waiver request associated with this Notification?
Yes (check box)
ITC-WAV File Number(s): [fill-in box]
[If yes, system will verify whether the number is valid]
Foreign Carrier Information
As required by section 63.11(e) of the Commission’s rules, provide the name(s) of the foreign carrier(s) that the Authorized Carrier is or seeks to become affiliated with, the country or countries in which the foreign carrier is authorized to provide telecommunications services to the public, what services the Authorized Carrier is authorized to provide in those countries, the ICFS file numbers/AuthID under which each such authorization was granted, and whether the country is a member of the WTO:
(a) Name of Foreign Carrier |
(b)(1) Country or Countries in which foreign carrier is authorized to provide telecommunications services to the public |
(b)(2) Other Countries |
(c) What services the U.S. Authorized Carrier is authorized to provide in each named country |
(d)(1) What is the ICFS file number under which the U.S. Authorized Carrier is authorized to provide service in each named country? |
(d)(2) What is the AuthID under which the U.S. Authorized Carrier is authorized to provide service in each named country? |
(e) Is this country a member of the WTO?
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[Fill-in box; one entity per row] |
[Drop-down menu list of countries] [Allow multiples] |
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[Text box /drop down menu with these services options, and ability to select more than one]:
(check box)
(check box)
(check box)
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[Yes/No radial buttons] |
[Ability to add/remove rows and multiple countries for every entity]
Does the Authorized Carrier seek to be classified as non-dominant on the routes to a country listed in response to Q11 pursuant to section 63.10 of the Commission’s rules?
Yes (check box) In an attachment, demonstrate that the authorized carrier qualifies for non-dominant classification pursuant to section 63.10 of the Commission’s rules on these routes.
Destination Countries |
Drop-down listing countries; can select more than one |
Ownership Information
Does any person or entity have a 10% or greater direct or indirect ownership of the Authorized Carrier?
Yes (check box) [If yes] Provide, in the fields below, the name, address, citizenship, and principal business of any person or entity that directly or indirectly owns at least 10% of the equity of the Authorized Carrier (“interest holder”), and the percentage of equity owned by each of those entities (to the nearest 1%). Provide information regarding any direct ten percent or greater ownership interests held in the Authorized Carrier. Also provide, in an attachment, a detailed ownership listing responding to 47 CFR § 63.18(h) and the name of any interlocking directorates with each foreign carrier named in this notification, as defined in section 63.09(g)(1) of the Commission’s rules.
(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10%of the Equity of the Authorized Carrier (“Interest Holder”) |
(b) Address of Interest Holder |
(c) Citizenship or Country of Incorporation of Interest Holder |
(d) Principal Business of Interest Holder |
(e) Name of entity in which in which Interest Holder Has at Least 10% Ownership Interest. (Indicate Direct or Indirect Interest). |
(f) Percentage Owned by Interest Holder |
[fill-in box] |
[fill-in box] |
[drop-down menu of countries]
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[fill-in box] |
[fill-in box] [cannot be less than 10 or greater than 100] |
[fill-in box] |
[Ability to add/remove rows]
No (check box)
If the Applicant answered “Yes” to Q 13, indicate whether the Authorized Carrier has provided a detailed ownership listing responding to 63.18(h) of the Commission’s rules in an attachment.
Yes (check box)
No (check box)
Does the Authorized Carrier have any interlocking directorates. If “Yes,” identify the interlocking directorates in an attachment.
Yes (check box)
No (check box)
Application Fees
Will a fee be paid?
Yes (check box)
No (check box)
16.a. If yes, select the appropriate fee code for the application.
[Down box to select fee code]
16.b. If no, indicate reason for fee exemption.
Governmental Entity (check box)
Noncommercial educational license (check box)
Waivers
Does the Authorized Carrier request a waiver(s) of the Commission’s rules?
Yes (check box) If yes, attach the request with a supportive narrative and documentation.
No (check box)
17.a. If yes, identify the rule section(s) for which a waiver is sought below.
Attachments
The Authorized Carrier has uploaded a narrative description of the Foreign Carrier Affiliation as required by the Commission’s rules. [check box]
[If Q5.a. (Prior Notification) is checked] The Authorized Carrier has uploaded an attachment demonstrating that it continues to serve the public interest for the Authorized Carrier to operate on any route for which the Authorized Carrier proposes to acquire an affiliation with the foreign carrier authorized to operate in a non-WTO Member country as required by section 61.11(e)(9) of the Commission’s rules. If applicable, the Authorized Carrier has uploaded an attachment demonstrating as to whether the foreign carrier lacks market power in the non-WTO Member country with reference to the criteria in section 63.10(a) of the Commission’s rules. If the Authorized Carrier is unable to make the required showing, the Authorized Carrier agrees to comply with the dominant carrier safeguards contained in section 63.10(c), effective upon the acquisition of the affiliation. (check box)
(If the date in 5.a.1. is prior to 45 days before filing date] The Authorized Carrier has uploaded an explanation as to why the notification was not provided to the Commission at least 45 days prior to consummation in accordance with section 63.11(a) of the Commission’s rules. (check box)
[If Q5.a.2. is Yes] A Carrier requesting confidentiality of its Prior Notification filing submitted pursuant to section 63.11(a) has uploaded the information required by section 0.459, 47 CFR § 0.459 of the Commission’s rules for a request for confidential treatment of the filing. (check box)
(If the date in 5.b.2 is prior to 30 days before filing date, ] The Authorized Carrier has uploaded an attachment explaining why the notification was not provided to the Commission 30 days or less after the consummation in accordance with section 63.11(c) of the Commission’s rules. (check box)
[If Q12 is Yes]The Authorized Carrier has uploaded an attachment demonstrating that it qualifies for non-dominant classification pursuant to section 63.10 of the Commission’s rules the routes listed in this notification. (check box)
The Authorized Carrier has uploaded a detailed ownership listing responding to 47 CFR § 63.18(h). (check box)
The Authorized Carrier has uploaded has provided in an attachment the name of any interlocking directorates with each foreign carrier named in this notification, as defined in section 63.09(g)(1) of the Commission’s rules. (check box)
Attachments/Confidential Treatment of Attachments
Is the Authorized Carrier requesting confidential treatment of an attachment(s) under section 0.459 of the Commission’s rules?
Yes (check box) The Applicant must upload a supporting statement for the “confidential treatment request(s)” identifying the applicable rule(s) and providing other supporting materials or information. The Applicant must also upload both the Redacted Public version and the Non-Redacted Confidential version of the attachment(s) in the Attachments section below.
No (check box)
Attachments
Attachment No. |
Description of Attachment |
Confidential Treatment Requested |
Attachment 1 |
[Fill in box]
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[check box] |
Attachment 2 (Public Version of Confidential Treatment Request and Supporting Statement) |
[Fill in box]
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Attachment 2(a) (Public Redacted Version) |
[Fill-in box]
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Attachment 2(b) (Confidential Non-Redacted Version) |
[Fill-in box]
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[check box] |
Continuing Accuracy
The Authorized Carrier acknowledges that it shall maintain the continuing accuracy of information provided pursuant to section 63.11(h) of the Commission’s rules for a period of 45 days after the filing of this form.
[[check box]]
Certification Statements and Acknowledgements
In submitting this form,
[If a carrier checks Q5.b. (Post Notification section 63.11(b), (c)] The Authorized Carrier certifies that as required by section 63.11(e)(9) of the Commission’s rules, it has demonstrated, in an attachment, as to which exception the foreign carrier satisfies and provided a citation to any adjudication upon which the Authorized Carrier is relying. If it is relying upon the exceptions in section 63.11(b)(2), the Authorized Carrier also certifies that it has made the required demonstration under section 63.11(b)(2)(i) or the commitment to comply with the dominant carrier safeguards in section 63.11(b)(2)(ii).
The Authorized Carrier certifies that it has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market power on the foreign end of the route. See 47 CFR § 63.14. The Authorized Carrier acknowledges that it shall immediately inform the Commission if at any time, not limited to 45 days, that the representations in the “special concessions” certification are no longer accurate.
The Authorized Carrier certifies that it has provided all the required information and certifications under section 63.18 of the Commission’s rules.
The Authorized Carrier certifies that neither it nor any other party to the application is subject to a denial of Federal benefits, including FCC benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR § 1.2002(b) for the meaning of "party to the application" for these purposes. (This certification does not apply to applications filed in services exempted, or to Federal, State or local governmental entities or subdivisions thereof. See 47 CFR § 1.2002(c).)
The Authorized Carrier certifies that all of its statements made in this Application and in the attachments or documents incorporated by reference are material, are part of this Application, and are true, complete, correct, and made in good faith.
Party Authorized to Sign
First Name:
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Last Name: |
Suffix: |
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Title:
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Signature:
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Date: |
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FAILURE TO SIGN THIS FORM MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID |
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WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18 Section 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 35, AND/OR FORFEITURE (U.S. Code, Title 47, Section 503) |
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Adrienne McNeil |
| File Modified | 0000-00-00 |
| File Created | 2024-07-20 |