In 2016, the Federal Communications Commission (“FCC” or “Commission”) initiated a rulemaking proceeding proposing changes to the process of reviewing certain Section 214 and submarine cable landing license applications, conducted by the group of Executive Branch agencies commonly referred to as “Team Telecom.”  That proceeding largely stalled after the comment cycle ended later that year.  However, a Statement issued earlier this week by FCC Commissioner Michael O’Rielly endeavors to reignite movement on the long-pending issue of Team Telecom review process reform.

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In advance of its October 24, 2017 Open Meeting, the Federal Communications Commission (Commission) has released a Draft Report and Order (Draft Order) for Commission consideration that, if adopted, would eliminate the Section 43.62 annual International Traffic and Revenue Report  (International Traffic Report) and streamline the Section 43.62 annual Circuit Capacity Report (Circuit Capacity Report).  As we reported in March, the Commission previously released a notice of proposed rulemaking seeking comments on whether it should retain, modify or eliminate the annual International Traffic Report and Circuit Capacity Report filed by certain providers of international telecommunications.  The Draft Order is not final and may differ from the final item released after the Open Meeting.  However, if the Draft Order is adopted as currently drafted, it could offer some welcome relief for reporting international providers.

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At its March 23, 2017 Open Meeting, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt a notice of proposed rulemaking (NPRM) seeking comment on a proposal to reduce certain reporting requirements for international telecommunications service providers (International Service Providers). In particular, the FCC proposes to eliminate, in its entirety, the annual International Traffic and Revenue Report, in which International Service Providers report details regarding their international telecommunications services. The NPRM also seeks comments on ways to streamline the annual Circuit Capacity Report in which International Service Providers report on satellite, terrestrial, and submarine cable system usage and capacity.

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atelier-reseau-internet-mondeBy Public Notice released February 25, the Federal Communications Commission’s (“Commission” or “FCC”) International Bureau (“Bureau”) reminded filers that the annual Section 43.62 International Circuit Capacity Report (“International Capacity Report”) will be due by the traditional date of March 31.  (Last year, due to the timing of the new manual and implementation of the filing portal, the deadline was delayed one month on a one-time basis.)  The Public Notice identified some updates to the Section 43.62 filing manual (“43.62 Manual”) clarifying certain reporting requirements.  Most updates were ministerial but one is of more significance for properly completing the Circuit Capacity Report requirement. Accordingly, entities subject to the international Circuit Capacity Reporting requirement should carefully review the revised filing manual to determine the scope of their reporting obligations.
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The thawing of relations between the U.S. and Cuba continues to spark Federal Communications Commission (FCC or Commission) action to relax regulations – and thereby further open opportunities for carriers – on the U.S.-Cuba route.  On Friday, the FCC proposed yet another measure to ease regulatory requirements on carriers seeking to provide international telecommunications to Cuba.  By Notice of Proposed Rulemaking (NPRM), the FCC is soliciting comment on a proposal to eliminate one of a few remaining restrictions on facilities-based switched voice service to Cuba.  Specifically, the FCC is considering removing the nondiscrimination requirement of its International Settlement Policy (ISP) which is typically also imposed as a condition on carriers seeking to pay above-benchmark settlement rates to Cuban carriers.  The FCC also seeks comment on other related issues such as whether operating agreements between U.S. carriers and Cuban carriers should continue to be routinely available for public inspection.  Comments and reply comments on the NPRM will be due 30 and 45 days, respectively, after the NPRM is published in the Federal Register.

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World Global ConnectionsOn October 1, Chairman Wheeler announced that he has circulated a Notice of Proposed Rulemaking among his fellow Commissioners that would seek comment on simplifying the FCC’s foreign ownership approval process for broadcast licensees “by extending the streamlining rules and procedures that currently apply to other classes of licensees to broadcast licensees.” Certainly, the broadcasting community would welcome an updating of the filing and approval process to allow FCC review of applications to proceed on a more streamlined basis. But, unfortunately, FCC review is only part of the story when there is foreign ownership, and it is quite often the smaller part for many FCC authorization holders, which frustrates, at the end of the day, the Chairman’s goal of better adapting the filing and review process to the current business environment.

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As we noted in a February post on our CommLawMonitor blog, the Federal Communications Commission’s (“FCC”) new Section 43.62 international reporting requirements became effective on February 11, 2015. Now the FCC has made clear that the upcoming filing deadline for the Section 43.62 (a) annual international circuit capacity reports is postponed one month from March 31 to April 30 — at least for this year. Because the new online filing portal has not been available, the FCC suspended the regular March 31 filing date. In a Public Notice issued March 9, 2015, the International Bureau announced the April 30 deadline and that the new online report filing portal will be open from March 30, 2015, to April 30, 2015 for submissions. The FCC urges circuit capacity holders to file their reports “as early as possible” in the filing window.


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stock_02032014_0596In January 2013, the Federal Communications Commission (“FCC”) comprehensively revised its reporting rules applicable to providers of international telecommunications, making numerous substantive revisions to the categories of providers subject to the reporting requirements, the information to be reported and the format of the reports. See our advisory on the January 2013 Order.
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On October 28, 2014, the Federal Communications Commission (“FCC” or the “Commission”) announced that it had joined the Global Privacy Enforcement Network (“GPEN”), a network of privacy enforcement and regulatory bodies from around the world that engages in collaboration and coordination on cross-border privacy enforcement actions.


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The Federal Communications Commission’s (“FCC”) moved a step closer last Friday to making effective changes adopted in 2011 and 2013 establishing revised international traffic and revenue as well as circuit capacity reporting requirements. As we reported in previous posts and advisories, changes include new reporting obligations for interconnected voice over Internet protocol (“VoIP”) providers and for certain non-common carriers (e.g., non-common carrier satellite operators and submarine cable landing licensees), among other modifications. In addition, affected providers will be required to use new reporting forms and follow new procedures.
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