February 11, 2013

FCC Confirms Recently Modified International Reporting Requirements Will Not Be in Effect for 2013

From: Telecom Law Monitor

by Chip Yorkgitis

We posted recently on rules the Federal Communications Commissions (FCC or Commission) adopted in January modifying the scope of and particulars of the  annual International Traffic and Revenue reports and Circuit Status reports many international providers must file annually.   The effective date of those rules, which will extend certain reporting requirements to one- and two-way international VoIP providers and non-common carrier submarine cable licensees, was made dependent on Office of Budget and Management (OMB) review, which created some uncertainty about whether the new regulations would apply to this year’s reports.

In a Public Notice issued February 7, 2013, the Commission removed any suspense created by its Second Report and Order (“Second Streamlining Order”) in IB Docket No. 04-112 about when the new rules will first apply to the filing of the annual reports.  The Public Notice confirmed that for the annual Traffic and Revenue report and Circuit Status reports due in 2013 (using 2012 data), the current rules will still apply and filers are to proceed pursuant to the procedures and manuals currently in effect, with the possible exception of certain thresholds mentioned below.  The filing deadlines for the reports based on 2012 data are April 1, 2013 and July 31, 2013, respectively.  The Commission expects the new rules will be fully effective in  time for the 2014 reports (using 2013 data), and will issue further public notices when the rules in the Second Streamlining Order become effective generally and the  new Section 43.62 filing manual is available.

The Public Notice indicated that the Commission expects to implement the $5 million minimum reporting thresholds for international services resale traffic and international miscellaneous services in time for the 2013 reports (using 2012 data).  Once OMB approves the information collection activities associated with the new thresholds, the FCC will issue a public notice announcing the effective date of the threshold rules.



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