PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 13-1436 June 25, 2013 ANNUAL SECTION 43.61(a) INTERNATIONAL TELECOMMUNICATIONS TRAFFIC REPORTS DUE ON JULY 31, 2013 Changes in the International Services Resale Traffic and International Miscellaneous Services 2012 Reporting Requirements Section 43.61(a) of the Commission’s rules requires each common carrier that provided international telecommunications services in 2012 to file a report of its international traffic data for calendar year 2012 by July 31, 2013.1 Although the Commission recently released a Second Report and Order which revised the annual reporting requirements for international service providers,2 only the changes to the reporting requirements for international services resale traffic and international miscellaneous services have become effective.3 Thus the Commission will implement the $5 million reporting thresholds for international services resale traffic and international miscellaneous services for the calendar year 2012 filings.4 · Common carriers that provided international message telephone service (IMTS) resale traffic with less than $5 million in revenue for calendar year 2012 should submit a transmittal letter which identifies the name of the filing entity, the filing date, the reporting period, and states that the entity provided IMTS resale but earned less than $5 million in revenue for such service; · Common carriers that provided IMTS resale traffic with $5 million or more in revenue for calendar year 2012, should submit a transmittal letter which identifies the name of the filing entity, the filing date, the reporting period, states that the entity provided IMTS resale and earned $5 million or more in revenue for such service, and lists world total IMTS resale minutes and customer revenue; · Common carriers that provided international miscellaneous services with less than $5 million in revenue for calendar year 2012, should submit a transmittal letter which identifies the name of the 1 47 C.F.R. § 43.61(a). 2 Reporting Requirements for U.S. Providers of International Telecommunications Services; Amendment of Part 43 of the Commission’s Rules, IB Docket No. 04-112, Second Report and Order, FCC 13-6, 28 FCC Rcd 575 ( 2013) (2013 International Reporting Requirements Order). 3 The Commission will issue public notices announcing the effective dates for the other changes to the reporting requirements adopted in the 2013 International Reporting Requirements Order. See Carriers Should Continue to File Annual International Traffic and Revenue Reports and Circuit-Status Reports Pursuant to Sections 43.61 and 43.82 of the Commission’s Rules, DA 13-165, 28 FCC Rcd 1054 (Int’l Bur. 2013). 4 See 2013 International Reporting Requirements Order, 28 FCC Rcd at 591- 92, ¶¶ 60-62, 593-94, ¶¶ 70-72. 2filing entity, the filing date, the reporting period, and states that the entity provided international miscellaneous services but earned less than $5 million in revenue for each such service; · Common carriers that provided international miscellaneous services with $5 million or more in revenue for calendar year 2012, should submit a transmittal letter which identifies the name of the filing entity, the filing date, the reporting period, and states that the entity provided international miscellaneous services and earned $5 million or more in revenue for at least one such service. The carrier should list the name of the miscellaneous service, and give a description of the service and revenue for each such service. All common carriers that provided international facilities-based and facilities-resale switched and private line services, international miscellaneous, or international services resale during calendar year 2012 are required to file regardless of the amount of traffic provided. Carriers, other than those providing international services resale or international miscellaneous services, should follow the instructions contained in the documents listed below when preparing and submitting their report to the Commission:5 · Manual for Filing International Traffic Statistics Pursuant to Section 43.61 of the Commission’s Rules, Order, DA 95-1248, 10 FCC Rcd 13418 (1995) (Section 43.61 Filing Manual); · Clarification of Section 43.61 International Traffic Data Reporting Requirements (rel. July 15, 1997); · Clarification of Section 43.61 International Traffic Data Reporting Requirements, Public Notice, DA 98-1369, 13 FCC Rcd 12809 (1998); · Further Clarification of Section 43.61 International Traffic Data Reporting Requirements, Public Notice, DA 99-1332, 14 FCC Rcd 11333 (1999); · Annual Section 43.61(a) International Telecommunications Traffic Reports Due by August 1, 2005, Public Notice, DA 05-1963, 20 FCC Rcd 12052 (2005); · FCC Announces Change in Filing Location for Paper Documents, Public Notice, DA 09-2529, 74 Federal Register 68543 (2009). Further, the Commission made additional changes to the reporting requirements in the First Report and Order and Further Notice of Proposed Rulemaking in IB Docket No. 04-112 that are not reflected in the current Filing Manual.6 Specifically, carriers are: (1) no longer required to report traffic from off-shore U.S. points separately;7 and (2) no longer required to report any traffic between the United States and off-shore U.S. points;8 In filing their reports, carriers should combine the traffic data for off-shore U.S. points with the data for domestic U.S. points. Carriers thus should only report traffic between the United States and foreign points.9 5 Carriers may obtain these documents through the Commission’s Electronic Document Management System (EDOCS) at http://hraunfoss.fcc.gov/edocs_public/ or from the following FCC sites: http://transition.fcc.gov/ib/sand/mniab/traffic and http://transition.fcc.gov/wcb/iatd/intl.html. 6 See Reporting Requirements for U.S. Providers of International Telecommunications Services; Amendment of Part 43 of the Commission’s Rules, IB Docket No. 04-112, First Report and Order and Further Notice of Proposed Rulemaking, FCC 11-76, 26 FCC Rcd 7274 (2011), 7284, ¶¶ 24-25, 7293-95, ¶¶ 51-55 (2011). 7 Id. at 7295, ¶ 55. 8 Id. 3The Commission reminds carriers that facilities-based and facilities-resale traffic should be reported according to the codes for Traditional Settlement Arrangements and Non-Traditional Settlement Arrangements. Traditional Settlement Arrangements consist of traffic settled pursuant to the Commission’s International Settlements Policy (ISP).10 Non-Traditional Settlement Arrangements consist of all traffic other than traditionally settled traffic. Facilities-based services are provided using international transmission facilities owned in whole or in part by the carrier providing the service. Facilities-resale services are provided by a carrier utilizing international circuits leased from other reporting international carriers. These are distinct from pure switched resale services, which are switched services that are provided by switching traffic to (and reselling the switched services of) underlying U.S. carriers. International facilities-based and facilities-resale switched message telephone and private line services data must be filed on a country-by-country, region and world total basis. Carriers should also refer to the Attachments to this Public Notice for guidance in preparing and submitting their reports. Attachment 1 contains a table of billing codes for facilities-based and facilities- resale services. Carriers that wish to use Excel to create their reports should refer to Attachment 2, which includes a sample Excel filing template with brief field descriptions for facilities-based and facilities- resale submissions.11 Attachment 3 lists international terminating points, which should be used by carriers that report country-by-country statistics. Carriers are reminded to contact the FCC at (202) 418- 0945 for international terminating points not included in Attachment 3.12 Carriers that provided international facilities-based and facilities-resale services may submit their reports on compact disc (CD) media, DVD (optical disc storage) media, or a USB (Universal Serial Bus) flash drive. Each media must follow the correct format as set forth in Section 2 of the Section 43.61 Filing Manual, “Diskette Format and Coding Instructions.” All files must be converted to the correct electronic format. Carriers should refer to Section 2.B. of the Section 43.61 Filing Manual, “Record Formats,” for detailed instructions. Facilities-based and facilities-resale carriers that provided switched or private line services should file an original and one copy of the transmittal letter, and an original and one copy of the public and confidential versions (if applicable) of the report, and one set of media for both the public and confidential versions with Marlene H. Dortch, Secretary, Federal Communications Commission, Office of the Secretary. Filing locations can be found at http://www.fcc.gov/encyclopedia/electronic-and-hard-copy-filing-address. 9 Id. at 7295, ¶ 55. See 47 C.F.R. § 43.82(a). The “United States” is defined as the “several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone.” 47 U.S.C. § 153(58). 10 See 47 C.F.R. §§ 43.51(e), 64.1001, 64.1002 (2012). Although the Commission recently eliminated the ISP, see International Settlements Policy Reform, IB Docket No. 11-80, Report and Order, 27 FCC Rcd 15521 (2012), the ISP was in effect throughout 2012. During the reporting period, 165 routes were exempted from the ISP. See http://www.fcc.gov/ib/pd/pf/isp_exempt.html. See also U.S.-Cambodia Route Exempted from the International Settlements Policy, IB Docket Nos. 02-324, 96-261, Public Notice, 20 FCC Rcd 963 (Int’l Bur. 2005). For a discussion of benchmarks, see International Settlement Rates, IB Docket No. 96-261, Report and Order, FCC 97- 280, 12 FCC Rcd 19806, 19806, ¶ 1 (1997); Report and Order on Reconsideration and Order Lifting Stay, 14 FCC Rcd 9256 (1999); aff’d sub nom. Cable & Wireless P.L.C. v. FCC, 166 F.3d 1224 (D.C. Cir. 1999). 11 To use Excel to create the file with a .436 file extension, click [File]; select [Save as]; and then, in the dialog box, click [Save as Type]; use the drop down box to select the file type “Formatted Text (Space Delimited)”. This will re-save the spreadsheet with a “.prn” file extension. Carriers must then rename the spreadsheet to change the file extension to “.436”. That is the version of the file to be filed with the Commission. 12 See International Points Used for FCC Reporting Purposes (rel. Apr. 1, 1994), available at http://transition.fcc.gov/wcb/iatd/intl.html. 4In 2011, the FCC improved its website to allow electronic filing of some Section 43.61(a) submissions. Common carriers that provided international services resale or international miscellaneous services may, if they wish, file their submissions electronically via the Internet to the following FCC secure mailbox address: 4361filings@fcc.gov. Carriers should indicate in the subject line of their e-mail to the FCC: Calendar Year 2012 Section 43.61(a). This information will be attached to the carrier’s submission as an indication of the receipt date. Carriers should request to receive a receipt reply from the FCC as an indication the Commission received their information. International services resale and international miscellaneous services providers wishing to continue to file on paper instead of filing electronically should continue to send their information to the Commission’s Secretary using the filing locations as indicated above. In addition, all carriers, facilities-based, facilities-resale, and IMTS resale, should mail one copy of the transmittal letter, the public version paper report, and the public version media (if applicable) to the Commission’s duplicating contractor, Best Copy and Printing, Inc. at the address below. Carriers should not include submissions for the contractor with their submissions for the Federal Communications Commission. Submissions for the contractor, should instead, be filed separately to the address below. The Section 43.61 Filing Manual, public notices, and international points reports referenced in this Public Notice are also available through the Commission’s duplicating contractor: Best Copy and Printing, Inc., Portals II, CY-B402, 445 12th Street, S.W., Washington D.C. 20554, (1-800-378-3160, facsimile 202-488- 5563) or at http://www.bcpiweb.com. For further information contact Linda Blake, Strategic Analysis and Negotiations Division, International Bureau (202) 418-0945, email: Linda.Blake@fcc.gov. - FCC -