Attachment GCNANetworks Attach1

This document pretains to FCN-NEW-20100203-00004 for New Application on a Foreign Carrier Notification filing.

IBFS_FCNNEW2010020300004_799342

Approved by OMB 3060−0686 FEDERALCOMMUNICATIONS COMMISSION FCCFOREIGN CARRIER AFFILIATIONS NOTIFICATION FOR OFFICIAL USE ONLY CARRIER INFORMATION CONFIDENTIALITY: Carriers filing foreign carrier affiliation notifications pusuant to Section 63.11(a) of the Rules, 47 C.F.R §63. 11(a), and requesting confidential treatment for the first twenty days pursuant to Sections 63.11(i) and 0.459 of the Rules, 47 C.F.R. §§63.11(i) and 0.459, should not file this form electronically, but instead, should file this form and the required attachments manually. Please send the manual submission to: Secretary Room TW−B204F 445 12th Street, SW Washington, DC 20554 REMINDER: Carriers filing foreign carrier affiliation notifications are reminded to review the requirements in Section 63.11 of the Rules, 47 C.F.R. §63.11. See FACT SHEET Enter a description of this notification to identify it on the main menu: Racal Telecommunications Inc. Foreign Carrier Affiliation 1

1. Carrier Name: Racal Telecommunications, Inc. Phone Number: 585−218−8440 DBA Fax Number: 585−218−8579 Name: Street: 1080 Pittsford Victor Road E−Mail: michael.shorltey@globalcrossing. com City: Pittsford State: NY Country: USA Zipcode: 14534 − Attention: Mr Michael J Shortley 2. Contact Name: Brian Murray Phone Number: 202−637−2194 Company: Latham & Watkins LLP Fax Number: Street: 555 Eleventh Street, NW E−Mail: brian.murray@lw.com Suite 1000 City: Washington State: DC Country: USA Zipcode: 20004−1304 Attention: Brian Murray Relationship: Legal Counsel 3. Place of Incorporation of Carrier United States 4. Other Company(ies) and Place(s) of Incorporation 2

5. Country or Countries for which carrier is notifying the Commission of an affiliation. Ireland, United Kingdom 6. Is there an accompanying Transfer of Control or Assignment Application pursuant to Section 63.18(e)(3) of the Yes No Rules, 47 C.F.R. §63.18(e)(3), to this foreign carrier affiliation notification? 7. If the answer to question 6 is yes, please provide the date of filing of the Transfer of Control or Assignment Application. 8. Is this foreign carrier affiliation notification being filed as a prior notification pursuant to Section 63.11(a) or as a Prior Post post notification pursuant to Section 63.11(b)−(c)? 9. If this foreign carrier affiliation notification is being filed as a prior notification pursuant to Section 63.11(a)(1) Yes No N/A or (2) of the Rules, 47 C.F.R.§§63.11(a)(1) or (2), is this filing being made at least forty−five days prior to the consummation of the acquisition? If the answer to this question is no, include in an Attachment (use Attachment 1 below) a statement explaining the reason for non−compliance with the Section 63.11(a) filing requirement. 10. If this foreign carrier affiliation notification is being filed as a post notification pursuant to Section 63.11(b)−(c) Yes No N/A of the Rules, 47 C.F.R. §63.11(b)−(c), is this filing being made within thirty days after consummation of the acquisition? If the answer to this question is no, include in an Attachment (use Attachment 1 below) a statement explaining the reason for non−compliance with the Section 63.11(c) filing requirement. 3

11. If the foreign carrier affiliation notification is being filed as a post notification pursuant to Section 63.11(c) of Yes No N/A the Rules, 47 C.F.R. §63.11(c), are you relying upon an exception in Section 63.11(b)? 12. If the answer to question 11 is yes, please certify to one or more of the following questions as applicable for each carrier and destination market for which notification is being made (see Section 63.11(b)): Has the Commission previously determined in an adjudication that the foreign carrier(s) lacks market power in Yes No N/A any destination market being notified in this filing? If the answer is yes, please provide the citation(s) to the decision(s) in an Attachment (use Attachment 1 below). Does the foreign carrier(s) own facilities in any destination market(s) being notified in this filing (see Section Yes No N/A 63.11(b)(1)(ii) for a definition of "facilities")? If the answer is yes, please specify the carrier(s) and destination market(s) being notified in this filing in an attachment (use Attachment 1 below). Is the foreign carrier authorized to operate in a WTO Member? If the foreign carrier is authorized to operate in a WTO Member, is the authorized carrier making this filing Yes No N/A demonstrating that it is entitled to retain non−dominant classification on the newly affiliated route pursuant to Section 63.10 of the Rules, 47 C.F.R. §63.10? If so, please provide the necessary demonstration in an Attachment (use Attachment 1 below). If the foreign carrier is authorized to operate in a WTO Member, is the authorized carrier agreeing to comply with Yes No N/A the dominant carrier safeguards contained in Section 63.10 of the Rules, 47 C.F.R. §63.10, effective upon the acquisition of the affiliation? 13. If the foreign carrier affiliation notification is being filed as a prior notification pursuant to Section 63.11(a) of Yes No N/A the Rules, 47 C.F.R. §63.11(a), is the foreign carrier authorized to operate in a non−WTO Member country? 4

14. If the answer to question 13 is yes, is the authorized carrier making the required showing that the foreign carrier Yes No N/A lacks market power in the non−WTO Member country (see Section 63.18(k)(2), 47 C.F.R. §63.18(k)(2)) or, alternatively, the Effective Competitive Opportunities showing specified in Section 63.18(k)(3) of the Rules, 47 C. F.R. §63.18(k)(3)? If yes, please provide the supporting information in an Attachment (use Attachment 1 below). 15. If the answer to question 13 is yes and the answer to question 14 is no, you may provide information in an Attachment (use Attachment 1 below) to demonstrate it continues to serve the public interest for you to operate on the route for which you propose to acquire an affiliation with the non−WTO foreign carrier. (See Section 63.11(g)(2)). 16. Regardless of whether the foreign carrier affiliation notification is filed as a prior or post notification, does the Yes No authorized carrier request continued regulation as a non−dominant international carrier pursuant to Section 63.10 of the Rules, 47 C.F.R. §63.10? If yes, include an Attachment (use Attachment 1 below) stating how the carrier qualifies for non−dominant classification pursuant to this section./font> 17. Regardless of whether the foreign carrier affiliation notification is filed as a prior or post notification, provide in an Attachment (use Attachment 1 below) the name of the newly affiliated foreign carrier(s) and the country or countries in which it is authorized to provide telecommunications services to the public. 5

18. Regardless of whether the foreign carrier affiliation notification is filed as a prior or post notification, state in an Attachment (use Attachment 1 below) what services the authorized carrier(s) making this filing is authorized to provide to each country named in response to question 17 and the FCC file numbers under which each such authorization was granted. 19. Regardless of whether the foreign carrier affiliation notification is filed as a prior or post notification, state in an Attachment (use Attachment 1 below) which, if any, of the countries the authorized carrier making this filing serves solely through the resale of international switched services of unaffiliated U.S. facilities−based carriers. 20. Regardless of whether the foreign carrier affiliation notification is filed as a prior or post notification, provide in an Attachment (use Attachment 1 below) the name, address, citizenship and principal business of any person or entity that directly or indirectly owns at least ten percent of the equity of the authorized carrier making this filing, and the percentage of equity owned by each of those entities to the nearest one percent. 21. Regardless of whether the foreign carrier affiliation notification is filed as a prior or post notification, provide the name of any interlocking directorates, as defined in Section 63.09(g) of the Rules, 47 C.F.R. §63.09(g), with each foreign carrier named in the notification. 22. By checking Yes, the carrier certifies that it has not agreed to accept special concessions directly or indirectly Yes No from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market power on the foreign end of the route. 6


Document Created: 2010-02-03 15:11:52
Document Modified: 2010-02-03 15:11:52
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