Quarterly and Annual International FCC Reports Due March 31, 2014
Kelley Drye Client Advisory
March 6, 2014

Please be reminded of the upcoming due dates for the Reports listed below:

Annual Section 43.82 International Circuit Status Report

The annual circuit status report for facilities-based common carriers providing international telecommunications services must be filed with the FCC by March 31, 2014.  All facilities-based carriers (including facilities-based resellers) that had any activated or idle circuits as of December 31, 2013 must file the report.

Telecommunications carriers that have leased international circuits from another common carrier, a non-common carrier, or a foreign carrier – other than the lease of private line “service” or “capacity” from a common carrier – must include the leased circuits on the report.  These circuits should be reported as facilities-based circuits, not as facilities-based resold circuits. Information regarding activated or idle circuits must be reported on a facility-by-facility basis. 

The FCC now requires that facilities-based carriers identify the transmission facilities used, i.e., U.S. - United Kingdom cable system, etc. for each route on which the carrier is dominant and identify the number of channels or circuits for each system if more than one system is used.  Carriers should provide the information in a separate appendix using the same format as the regular report, and should add a column labeled “Facility Name” after “Data Field 2.”  Accordingly, if a facilities-based carrier is classified as dominant on some routes, it should provide two reports: one including all circuits without the transmission facilities identified and another including all circuits but identifying the facility name for those routes on which the carrier is classified as dominant.

Note: The Commission requires carriers to combine the circuit data for off-shore U.S. points with the data for domestic U.S. points.  As a result, carriers should only be reporting circuits between the United States and foreign points.  The off-shore U.S. points are as follows: Alaska, Conterminous U.S., Guam, Hawaii, Puerto Rico, U.S. Virgin Islands, American Samoa, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Navassa Island, Northern Mariana Islands (includes Rota, Saipan and Tinian), Palmyra Atoll and Wake Island.

Quarterly Section 63.10(c)(2) International Traffic and Revenue Report

All carriers, including both resellers and facilities-based carriers, that are classified as dominant must file a quarterly report detailing traffic and revenue data for each service provided on those routes on which the carrier is classified as dominant.  The information must be divided among service billed in the United States, service billed outside the United States, and service transiting the United States, and cover the calendar quarter period of October 1, 2013 through December 31, 2013.  Filers should round any figures upward and thus should not be reporting any zeroes. The report must be filed with the FCC by March 31, 2014.

Note: The Commission now requires carriers to combine the traffic data for off-shore U.S. points with the data for domestic U.S. points.  As a result, carriers should only be reporting traffic between the United States and foreign points.  The off-shore U.S. points are identified above under the discussion of the Annual International Circuit Status Report.

Quarterly Section 63.10(c)(3) Quality of Service Report

All carriers, including both resellers and facilities-based carriers, that are classified as dominant must provide information regarding the provisioning and maintenance of all basic network facilities and services procured from the carrier’s foreign carrier affiliate for those routes on which the carrier is classified as dominant.  These reports should contain the following information: “the types of circuits and services provided; the average time intervals between order and delivery; the number of outages and intervals between fault report and service restoration; and for circuits used to provide international switched service, the percentage of ‘‘peak hour’’ calls that failed to complete.”  The report for the calendar quarter of October 1, 2013 through December 31, 2013 must be filed with the FCC by March 31, 2014.   

Quarterly Section 63.10(c)(4) International Circuit Status Report

Facilities-based carriers that are classified as dominant must file a report on the status of all circuits used to provide international service on those routes on which the carrier is classified as dominant.  Information regarding activated or idle circuits must be reported on a facility-by-facility basis. Carriers should identify the transmission facilities used, i.e., U.S. - United Kingdom cable system, etc. for each route and identify the number of channels or circuits for each system if more than one system is used.  The report for the calendar quarter of October 1, 2013 through December 31, 2013 must be filed with the FCC by March 31, 2014.

Note: The Commission now requires carriers to combine the circuit data for off-shore U.S. points with the data for domestic U.S. points.  As a result, carriers should only be reporting circuits between the United States and foreign points.  The off-shore U.S. points are identified above under the discussion of the Annual International Circuit Status Report.

Quarterly Section 1.767  Submarine Cable Licensee Circuit Status and Provisioning and Maintenance Reports

Section 1.767 reports must be filed by submarine cable licensees that (i) are, or are affiliated with, carriers with market power in any of the submarine cable's WTO Member destination countries; and (ii) have sought streamlined processing of a cable landing license, pursuant to section 1.767 of the Commission’s rules.

Filers must submit the following Provisioning and Maintenance and Circuit Status Reports:

Section 1.767 Provisioning and Maintenance Report - The provisioning and maintenance report summarizes the provisioning and maintenance of all network facilities and services procured from the filer’s foreign carrier affiliate, in the destination market. The report must contain the following information: the types and volume or quantity of provisioned services and facilities; the time interval between order and delivery; and the number of outages and intervals between fault report and facility or service restoration.

Section 1.767 Circuit Status Report - The circuit status report must be filed in the format set out in section 43.82 of the Commission’s rules and must report the status of all circuits used to provide international service in the destination markets.  Activated or idle circuits must be reported on a facility-by-facility basis. 

The reports for the calendar quarter of October 1, 2013 through December 31, 2013 must be filed with the FCC by March 31, 2014.

 

Please be advised that attorneys in Kelley Drye & Warren’s Communications Practice Group are experienced in addressing international reporting issues and are able to assist clients in filing the international carrier reports. For further information on any of these filings, please contact your usual Kelley Drye attorney.