Reminder: Quarterly International Reports Due June 30, 2014

Kelley Drye Client Advisory

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

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 January 1, 2014 through March 31, 2014.  Filers should round any traffic or revenue figures upward and thus should not be reporting any zeroes. The report must be filed with the FCC by June 30, 2014.

Note: The Commission now requires carriers to combine 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 U.S. and foreign points.  The off-shore U.S. points are as follows: Alaska, 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)(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: 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 January 1, 2014 through March 31, 2014 must be filed with the FCC by June 30, 2014.
Quarterly Section 63.10(c)(4) International Circuit Status Report
Facilities-based carriers that are classified as dominant must 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 January 1, 2014 through March 31, 2014 must be filed with the FCC by June 30, 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 U.S. and foreign points.  The off-shore U.S. points are identified above under the discussion of the Traffic and Revenue 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) that 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 January 1, 2014 through March 31, 2014 must be filed with the FCC by June 30, 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.