International Section 214 Authorizations 47 CFR §§ 63.10-63.25, 1.40001,1.40003

International Section 214 Authorizations 47 CFR §§ 63.10-63.25, 1.40001,1.40003

ITC-FCN Instructions_August 2024_clean

International Section 214 Authorizations 47 CFR §§ 63.10-63.25, 1.40001,1.40003

OMB: 3060-0686

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FCC 214

ITC-FCN

FEDERAL COMMUNICATIONS COMMISSION


Instructions for Notification of

Foreign Carrier Affiliation of a U.S. International Carrier

as Required by Section 63.11 of the Commission’s Rules

Office of International Affairs


Approved by OMB

3060-0686



Purpose of Form

This form is used by an international section 214 authorization holder (Authorized Carrier or U.S. Carrier) to notify the Commission that it has become or seeks to become affiliated with a foreign carrier authorized to operate in a foreign destination market to which the U.S. carrier provides service. See 47 CFR § 63.11.

Who Must File This Form and When

An Authorized Carrier must file this form to notify the Commission that it has become or seeks to become affiliated with a foreign carrier that is authorized to operate in a foreign destination market to which the U.S. Carrier provides service. The notification must be filed at least forty-five (45) days prior to the start of the affiliation except in certain circumstances based on whether the foreign carrier has market power in the destination market, in which case the form needs to be filed within thirty (30) days after the affiliation begins.

  • Affiliations Requiring Prior Notification: An Authorized Carrier is required to notify the Commission forty-five (45) days before consummation of either of the following types of transactions:

    1. Acquisition by the Authorized Carrier, or by any entity that controls the Authorized Carrier, or by any entity that directly or indirectly owns more than 25% of the capital stock of the Authorized Carrier, of a controlling interest in a foreign carrier that is authorized to operate in a market that the U.S. carrier is authorized to serve; OR

    2. Acquisition of a direct or indirect interest greater than 25%, or a controlling interest, in the capital stock of the U.S. carrier by a foreign carrier that is authorized to operate in a market to which the U.S. carrier is authorized to serve, or by an entity that controls such a foreign carrier. See 47 CFR § 63.11(a)(1), (2).

  • Exceptions to Requirement of Prior Notification. An Authorized Carrier is not required to file a notification prior to consummation if:

    1. The Commission has previously determined in an adjudication that a foreign carrier lacks market power in the destination market (for example in an international section 214 application or a declaratory ruling proceeding); or

    2. The foreign carrier owns no facilities in that destination market. For this purpose, a carrier is said to own facilities if it holds an ownership, indefeasible-right-of-user, or leasehold interest in a cable landing station or in bare capacity in international or domestic telecommunications facilities (excluding switches). See 47 CFR § 63.11(b)(1)(i), (ii).

If an Authorized Carrier cannot meet either of the exceptions in section 63.11(b)(1) of the Commission’s rules, then prior notification is not required if the Authorized Carrier certifies that the destination market where the foreign carrier is authorized to operate is a World Trade Organization (WTO) member and the Authorized Carrier provides certification to satisfy either of the following:

  1. The Authorized Carrier demonstrates that it is entitled to retain non-dominant classification on the newly affiliated route pursuant to 47 CFR § 63.10; or

  2. The authorized carrier agrees to comply with the dominant carrier safeguards in 47 CFR § 63.10 effective upon acquisition of the affiliation. See 47 CFR § 63.11(b)(2)(i), (ii).

  • Notification After Consummation. An Authorized Carrier that becomes affiliated with a foreign carrier and has not previously notified the Commission as required in section 63.11(c), 47 CFR § 63.11(c), shall notify the Commission within thirty days after consummation of the acquisition. (Examples include acquisition by the Authorized Carrier of a direct or indirect interest in a foreign carrier that is greater than 25%, but not a controlling interest. See 47 CFR § 63.11(c) for additional examples.)

Description of Form

This form consists of a main form and the ability to file an attachment(s) to support the request. The Authorized Carrier is encouraged to upload a single document in machine readable format, including all required information. The Authorized Carrier must fill in all required fields, upload required documents, make all required certifications, and sign the form before submitting the application.

Information Current and Complete

Information filed in the application with the Commission must be kept current and complete under section 1.65 of the Commission’s rules. Section 63.50 of the Commission’s rules, 47 CFR § 63.50, permits the Applicant or the party to the application as a matter of right to amend any application prior to the date of any final action taken by the Commission. Pursuant to section 63.50, Applicant(s) must notify the Commission regarding any substantial and significant changes in the information furnished in the application while it remains pending.

Applicable Rules and Regulations

The notification requirements for Authorized Carrier that becomes or seeks to become affiliated with a foreign carrier can be found in 47 CFR § 63.11.

“[A] carrier [who] is authorized by the Commission (“Authorized Carrier”) to provide service between the United States and a particular foreign destination market and it becomes, or seeks to become, affiliated with a foreign carrier that is authorized to operate in that market, then its authorization to provide that international service is conditioned upon notifying the Commission of that affiliation.” 47 CFR § 63.11.

Applicant(s) should refer to the Debt Collection Improvement Act of 1996. The Debt Collection Act requires all federal agencies ensure that no debtors to the Federal government obtain any licenses or other benefits from the FCC. To ensure this, the Commission must collect FRN information to correlate its Applicants with any outstanding Federal debt that they might have incurred in other dealings with the Federal government. For additional information, see the FCC’s Debt Collection webpage.

Other International Section 214 (ITC) Forms

  • ITC-214 Form.

    • This form is used to request authority under section 214 to provide international services.

  • ITC-AMD Form.

    • This form is used to amend a pending application related to an international section 214 authorization.

  • ITC-ASG/TC Form.

    • This form is used for an assignment of an international section 214 authorization or the transfer of control of an authorization holder. The form is used for both substantive and pro forma transactions.

  • ITC-MOD Form.

    • This form is used to modify an existing international section 214 authorization, for example to add or remove a condition on an existing authorization.

  • ITC-RPT Form.

    • This form is used to file the reports required for an Authorized Carrier classified as dominant for the provision of particular services on particular routes due to an affiliation with a foreign carrier with market power in a destination country in accordance with section 63.10(c) of the Commission’s rules.

  • ITC-STA Form.

    • This form is used to request Special Temporary Authority related to an international section 214 authorization, such as to provide service prior to grant of the authorization or related to an unauthorized transaction related to the authorization.

  • ITC-WAV Form.

    • This form is used to request a waiver of the Commission rules related to an international section 214 authorization.

FCC Notice Required By The Paperwork Reduction Act

We have estimated that each response to this collection of information will take 7 hours. Our estimate includes the time to read the instructions, look through existing records, gather and maintain the required data, and actually complete and review the form or response. If you have any comments on this burden estimate, or on how we can improve the collection and reduce the burden it causes you, please e-mail them to [email protected] or send them to the Federal Communications Commission, AMDPERM, Paperwork Reduction Project (3060-0686), Washington, DC 20554.

The Applicant is not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number. This collection has been assigned an OMB control number of 3060-0686. This notice is required by the Paperwork Reduction Act of 1995, P.L. 104-13, October 1, 1995, 44 U.S.C. Section 3507.

For Assistance


For technical assistance with completing the forms, contact the ICFS Helpline at (202) 418-2222 or [email protected].  For general questions about the form requirements, contact the Office of International Affairs, Telecommunications and Analysis Division at (202) 418-1480 or at [email protected]


FILING INSTRUCTIONS Remember to save your draft application periodically by clicking the save button. ICFS will time-out out after 15 minutes of no activity, and failure to save will result in loss of any information entered into the application form after the last save.


Authorized Carrier Information

Item 1. Enter the information requested. Some data will be pre-populated using the data associated with Authorized Carrier’s FCC Registration Number (FRN).

When the Authorized Carrier enters its FRN, the Authorized Carrier Information will pre-populate with its FRN data in CORES. To modify these pre-populated data, update the data associated with the FRN in CORES.

Enter any missing data and sections that are not already populated from CORES, such as the “Applicant/Legal Entity Type” or “Doing Business As (DBA)” name.

Contact Information

Item 2. Identify the contact representative, if different from the Authorized Carrier. The contact information can be imported automatically from CORES if the Authorized Carrier supplied an FRN, but fields are still editable.

If the contact representative is the same as the person indicated in Item 1, then check the box “Same as Authorized Carrier.” If the contact representative is not the same as the Authorized Carrier provide the requested information.

  • Provide the name of a person in your organization, your outside counsel, or other representative whom we can contact if there are questions regarding your application. This person should have decisional authority over the contents of your application.

  • Provide the Company name if different from the “Authorized Carrier” name in Item 1 or repeat “Company” name here.

  • Provide the contact representative’s title, address, phone number, fax number, and email.

  • Provide your “Doing Business As (DBA)” name. If the Authorized Carrier is not operating its business using a DBA, you may leave this section blank.

  • Indicate how the contact person is related to the Authorized Carrier. For example, select “Legal Counsel” if the contact is the Applicant’s counsel.”

Item 3. In the box, enter the name of the Authorized Carrier and the place of organization using the drop-down menu of countries. If the place of organization is in the United States, use the drop-down menu to identify the state or territory.

Notification Information

Item 4. Provide a brief description of the notification. For example, state “Company X is notifying the Commission of its affiliation with foreign carrier Y in country Z.” This description will appear in the “My Filings” tab on the Authorized Carrier’s ICFS main page to help identify the application.

Item 5. Identify the type of notification (prior or post-consummation) for foreign carrier affiliation by checking the appropriate box:


5.a. Prior Notification as required by section 63.11(a) of the Commission’s rules:

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 it proposes to acquire an affiliation with the foreign carrier authorized to operate in the non-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 § 63.10(a) of this chapter. 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.


5.a.1. If the Authorized Carrier requests confidential treatment of the filing for the first twenty (20) days, do not fill in the table in this question, and instead provide the information in an uploaded confidential attachment (including an explanation for the request for confidentiality). The information in the attachment must be provided in the same format that is set out in the table in this question. See the instructions below in the Attachments/Confidential Treatment of Attachments for more information on confidential attachments. If the Authorized Carrier does not seek confidential treatment of the filing for the first twenty (20) days, and if prior notification is required, enter in the table:

(a) name of foreign carrier(s), and

(b) projected date of closing.

If the date) entered is prior to forty-five (45) days before current date, the Authorized Carrier must attach a document that explains why the notification was not provided to the Commission at least forty-five (45) days prior to consummation in accordance with section 63.11(a) of the Commission’s rules. See 47 CFR § 63.11.

5.a.2. If prior notification is required, indicate whether the Authorized Carrier requests confidential treatment of its prior notification filing for the first twenty (20) days after filing by checking “Yes” or No.” If “yes” the applicant must 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.

5.b. Post-Consummation Notification pursuant to the exceptions in section 63.11(b) of the Commission’s rules.

5.b.1. If filing a post-consummation notification, identify the rule exception on which the Authorized Carrier is relying by checking the box associated with the rule exception below.

  • 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.

  • Section 68.11(b)(1)(ii) – The foreign carrier owns no facilities in that destination market.

  • Section 68.11(b)(2)(i) – The destination market where the foreign carrier is authorized to operate is a WTO member and 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.

  • Section 68.11(b)(2)(ii) – The destination market where the foreign carrier is authorized to operate is a WTO member and 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.

5.b.2. If filing a post-consummation notification, enter the following information in the table:

(a) name(s) of foreign carrier(s), and

(b) date of closing.

If the date entered is later than thirty (30) days before current date then the Authorized Carrier must submit an explanation as to the reason(s) why the notification was not provided to the Commission thirty (30) days or less after the consummation in accordance with section 63.11(c) of the Commission’s rules. See 47 CFR § 63.11(c).


Item 6. If prior notification is required and if the Authorized Carrier requests confidential treatment of the filing for the first twenty (20) days, do not fill in the table in this question, and instead provide the information in an uploaded confidential attachment (including an explanation for the request for confidentiality). The information in the attachment must be provided in the same format that is set out in the table in this question. See the instructions below in the Attachments/Confidential Treatment of Attachments for more information on confidential attachments. If the Authorized Carrier does not seek confidential treatment of the filing for the first twenty (20) days, and if prior notification is required, enter in the table:

  1. international section 214 authorization(s) currently held by the Authorized Carrier subject to this notification by entering the file number(s), and

  2. type of authorization.

Item 7. Indicate whether Authorized Carrier has provided a narrative description of the Foreign Carrier Affiliation by checking “Yes” or “No.”

Item 8. Indicate whether there is an accompanying Assignment or Transfer of Control Application filed with the Commission by checking “Yes” or “No.” If “Yes,” in the textbox, provide the ICFS file number of the Assignment or Transfer of Control Application and the date of the filing.

Item 9. Indicate whether the Authorized Carrier has a 10% or greater direct/indirect foreign owner by checking “Yes” or “No.”

Item 10. By checking the “Yes/No” boxes, the Authorized Carrier verifies if there is a separately filed waiver request associated with this Notification. If “Yes,” provide the ITC-WAV File Number(s).


Foreign Carrier Information


Item 11. If prior notification is required and if the Authorized Carrier requests confidential treatment of the filing for the first twenty (20) days, do not fill in the table in this question, and instead provide the information in an uploaded confidential attachment (including an explanation for the request for confidentiality). The information in the attachment must be provided in the same format that is set out in the table in this question. See the instructions below in the Attachments/Confidential Treatment of Attachments for more information on confidential attachments. If the Authorized Carrier does not seek confidential treatment of the filing for the first twenty (20) days, and if prior notification is required, enter the following information for each foreign carrier affiliate in the table (use separate rows to provide the information for each foreign carrier):

  1. the name(s) of the foreign carrier(s) that the Authorized Carrier is or seeks to become affiliated with;

  2. the country or countries in which the foreign carrier is authorized to provide telecommunications services to the public;

  1. what services the Authorized Carrier is authorized to provide in each named country;

  2. the FCC ICFS file number/AuthID under which the Authorized Carrier is authorized to provide service in each named country; and

  3. whether the country is a member of the WTO.

Item 12. If prior notification is required and if the Authorized Carrier requests confidential treatment of the filing for the first twenty (20) days, do not select a response to this question, and instead provide the information in an uploaded confidential attachment (including an explanation for the request for confidentiality). The information in the attachment must be provided in the same format that is set out in this question. See the instructions below in the Attachments/Confidential Treatment of Attachments for more information on confidential attachments. If the Authorized Carrier does not seek confidential treatment of the filing for the first twenty (20) days, and if prior notification is required, indicate whether the Authorized Carrier seeks to be classified as non-dominant on the routes to a country listed in response to Item 11 by checking “Yes” or “No.”

  • If “Yes,” in an attachment, provide information and/or supporting documentation that demonstrates that the Authorized Carrier qualifies for non-dominant classification pursuant to section 63.10 of the Commission’s rules on these routes.

  • If “No,” select from the drop-down menu the routes on which the Authorized Carrier agrees to comply with the dominant carrier safeguards in section 63.10(c), (d), and (e) effective upon the acquisition of the affiliation.

Ownership Information

Item 13. Indicate whether any person or entity has a 10% or greater direct or indirect ownership of the Authorized Carrier, pursuant to section 63.18(h) of the Commission’s rules, by checking “Yes” or No.” If “Yes,” enter the following information for each Interest Holder in the table (use separate rows to provide the information for each Interest Holder):

  1. Name of individual or entity that directly or indirectly owns at least 10% of the equity of the Authorized Carrier (“Interest Holder”);

  2. Address of the Interest Holder;

  3. Citizenship or Country of Incorporation of the Interest Holder;

  4. Principal business of Interest Holder;

  5. Name of entity in which Interest Holder has at least 10% ownership interest and indicate whether it is a direct or indirect interest; and,

  6. Percentage of equity owned by Interest Holder to the nearest 1% (we will also accept up to two decimal places).


Example: Interest Holder 1, a telecommunications company organized in Canada, owns 100% of the equity interests in ABC Corp., a Bermuda holding company, which owns 100% of the equity interests in XYZ Inc., a United States holding company, which owns 100% of the equity interests in Licensee. This information should be entered in the table in this question as follows:


Entry for Interest Holder 1

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity of the Licensee (“Interest Holder”): Interest Holder 1

(b) Address of Interest Holder: 123 Oak Road, Calgary, Canada

(c) Citizenship or Country of Incorporation of Interest Holder: Canada

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: Telecommunications

(e) Name of the Entity in Which the Interest Holder has at Least a Direct 10% Equity Interest: ABC Corp.

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100


Entry for ABC Corp.

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity of the Licensee (“Interest Holder”): ABC Corp.

(b) Address of Interest Holder: 123 Palm Road, Hamilton, Bermuda

(c) Citizenship or Country of Incorporation of Interest Holder: Bermuda

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: Holding Company

(e) Name of the Entity in Which the Interest Holder has at Least a Direct 10% Equity Interest: XYZ Inc.

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100


Entry for XYZ Inc.

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity of the Licensee (“Interest Holder”): XYZ Inc.

(b) Address of Interest Holder: 123 Elm Road, Ashburn, VA

(c) Citizenship or Country of Incorporation of Interest Holder: United States

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: Holding Company

(e) Name of the Entity in Which the Interest Holder has at Least a Direct 10% Equity Interest: Licensee

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100

By entering the ownership information in this way in this question, Commission staff and the public can infer that Interest Holder 1 is the indirect owner of 100% of the equity interests of the Licensee. Licensees are also required to submit a narrative explanation of their ownership which will provide further detail regarding the Licensee’s ownership. These items must be uploaded in the Attachments section of the notification.


Item 14. Indicate whether the Authorized Carrier has any interlocking directorates. If “Yes,” identify the interlocking directorates in an attachment.

Application Fees

Item 15. An application fee is required for this Foreign Carrier Affiliation Notification. The fee code is DAB. Select this fee code.

Note that the FCC may not be able to start its review of a submitted application until the associated application fee is paid. To determine the required fee amount, refer to Subpart G of Part 1 of the Commission’s Rules (47 CFR Part 1, Subpart G) and the current Fee Filing Guide. The current Fee Filing Guide can be downloaded from the FCC’s website at http://www.fcc.gov/fees, by calling the FCC’s Form Distribution Center at (800) 418-FORM (3676), or by faxing your request to the FCC’s Fax Information System at 1-866-418-0232.

Indicate whether the Authorized Carrier is exempt from the application fee by selecting “Yes” or “No.”

If the Authorized Carrier claims a fee exemption by answering “No” to this question, it must select a reason by checking one of the listed options. An attachment demonstrating the Authorized Carrier’s eligibility for exemption from FCC application fees must be submitted. If the reason is “Other,” briefly describe the rationale in the text box provided. If a request for waiver/deferral of the FCC application fees has been filed with the FCC, provide the date-stamped copy of the request filed with the Commission’s Office of the Managing Director as an attachment.

Waivers

Item 16. Indicate whether the Authorized Carrier requests a waiver of any Commission rules by checking “Yes” or “No.” If “Yes,” identify the rules for which a waiver is sought in the fill-in box. Provide an explanation for the waiver request in an attachment.

Attachments

For Items 17-21, the Authorized Carrier must indicate whether it has included the described attachment, as appropriate.

Item 17. The Authorized Carrier must confirm that it has uploaded a narrative description of the Foreign Carrier Affiliation as required by the Commission’s rules by checking the box. In addition, the Authorized Carrier must confirm that it has uploaded a detailed ownership listing responding to section 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 by checking the box.

Item 18. If applicable, the Authorized Carrier must confirm that it has uploaded an attachment demonstrating that it continues to serve the public interest for it to operate on any route for which it proposes to acquire an affiliation with the foreign carrier authorized to operate in a non-WTO Member country as required by section 63.11(e)(9) of the Commission’s rules by checking the box. If applicable, the Authorized Carrier must also upload 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 must agree to comply with the dominant carrier safeguards contained in section 63.10(c), effective upon the acquisition of the affiliation by checking the box.

Item 19. If applicable, the Authorized Carrier must confirm that it has uploaded an explanation as to why the notification was not provided to the Commission at least forty-five (45) days prior to consummation in accordance with section 63.11(a) of the Commission’s rules by checking the box. If applicable, the Authorized Carrier must upload 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.

Item 20. If applicable, an Authorized Carrier requesting confidentiality of its Prior Notification filing submitted pursuant to section 63.11(a) must confirm that it has uploaded the information required by section 0.459 of the Commission’s rules for a request for confidential treatment of the filing by checking the box.

Item 21. If applicable, the Authorized Carrier must confirm that it 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 by checking the box.

Item 22. If applicable, the Authorized Carrier must upload a statement supporting the waiver request and identifying the rule number(s) involved, along with other material information.

Attachments/Confidential Treatment of Attachments

Item 23. If the Authorized Carrier is requesting confidential treatment for any of its attachments, answer this question “Yes.” Otherwise, answer “No.”

If the Authorized Carrier answers “Yes” in this Item , then it must upload a supporting statement for the “confidential treatment request(s)” identifying the applicable rule(s) and providing other supporting materials or information. The Authorized Carrier must also upload both the Redacted Public version and the Non-Redacted Confidential version of the attachment(s) in the Attachments section which follows below.

The Authorized Carrier can upload attachments in this section of the application. The Authorized Carrier will identify the attachment(s) with a short name for easy identification of the information included in each attachment.

Note: Each document required to be filed as an attachment should be current as of the date of filing. Each page of every attachment must be identified with the number or letter, the number of the page, and the total number of pages.

In this item, the Authorized Carrier may use the upload button to upload its attachments. After uploading, the Authorized Carrier can describe the attachment. Also, after uploading, the Authorized Carrier can click the confidential treatment button next to the attachment name if it so desires. Clicking the confidential treatment button will trigger a request to upload both a redacted, public version of the attachment and a public supporting statement justifying the confidentiality request. Identify in the attachment the applicable rule(s) and provide other supporting materials or information. Documents designated for confidential treatment will not be publicly viewable in ICFS while the Commission considers the confidentiality request.

Continuing Accuracy

Item 24. The Authorized Carrier must click on the checkbox acknowledge 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.

General Certification Statements

Item 25. In order to submit the notification, the Authorized Carrier must certify acknowledgement of all requirements listed here and elsewhere in this form, as appropriate, by clicking on the single indicated checkbox. These include:

  • If filing a Post-Consummation Notification, 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 63.11(b)(2)(i) or the commitment to comply with the dominant carrier safeguards in 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 forty-five (45) days, that the representations in the “special concessions” certification are no longer accurate.


  • 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 it has provided all the required information and certifications under section 63.18 of the Commission’s rules.


  • 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

Item 26. Enter all the requested information. Willful false statements are punishable by fine and or/imprisonment (U.S. Code, Title 18, Section 1001). By signing this, you certify that you are a party authorized to sign and all statements made in this application and in the attachment or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.

Enter the title of the person signing the application. If the Authorized Carrier is a corporation or other business entity, the person submitting the application must be an officer.

The Authorized Carrier does not enter a date. ICFS will fill in the date automatically with the date on which the application is submitted.

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 AUTHORIZATION (U.S. Code, Title 47, Section 312(a)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).


August 2024

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