The FCC has eliminated the effective competitive opportunities test (ECO Test) that applies to international 214 applications and cable landing license applications involving certain carrier affiliations in and services to countries that are not members of the World Trade Organization (WTO). The Commission will no longer require an ECO showing in the following cases: (1) Commission review of applications for international section 214 authority filed by foreign carriers or certain of their affiliates that have market power in non-WTO Member countries; (2) notifications of foreign carrier affiliations in non-WTO countries filed by authorized U.S.-international carriers; (3) Commission review of applications for submarine cable landing licenses filed by foreign carriers or certain of their affiliates that have market power in non-WTO Member countries; and (4) notifications of foreign carrier affiliations in non-WTO Member countries filed by U.S. cable landing licensees. The ECO Test will be replaced with a case-by-case analysis of market entry barriers on an as-needed basis.
