Attachment 20170413131851-140.p

20170413131851-140.p

SUPPLEMENT

Supplement

2005-10-28

This document pretains to ITC-214-19980820-00606 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998082000606_1453505

M ORRIS O N FOE RSTE R 2000 PENNSYLVANIA AVE., NW WASHINGTON, D.C. COPY MORRISON & FOERSTER LLP NEW YORK, SAN FRANCISCO, 20006—1888 | LOS ANGELES, PALO ALTO, SAN DIEGO, WASHINGTON, D.C. TELEPHONE: 202.887.1500 DENVER, NORTHERN VIRGINIA, C anad ORANGE COUNTY, SACRAMENTO, FACSIMILE: 202.887.0763 WALNUT CREEK, CENTURY CITY I TOKYO, LONDON, BEIJING, WWW.MOFO.COM SHANGHAI, HONG KONG, sINGAPORE, BRUSSELS October 28, 2005 7 F{ ECE "VE‘D R Writer‘s Direct Contact iter‘c t 4 f 202/887—8738 JNeal@mofo.com OCT 2 8 2005 EC‘E‘VED By Messenger R Federal Communications Commission Marlene H. Dortch Office of Secretary NoV 1 1 2005 Secretary Federal Communications Commission Policy Divigion 445 12th Street, S.W. international BureaU Washington, D.C. 20554 Re: Notification of Foreign Carrier Affiliates, Subsidiary Operating Under Parent‘s International Section 214 Authorization, and Name Changes of Operating Subsidiaries; Columbia Ventures Corporation, ITC—214—19980829—00606 Dear Ms Dortch: Columbia Ventures Corporation ("CVC"), by its attorneys, hereby notifies the Commission that it has become affiliated with two additional non—dominant foreign carriers. In addition, CVC hereby notifies the Commission that oneofthese new affiliates, which is a wholly—owned subsidiary of CVC, intends to operate under CVC‘sinternational Section 214 authorization, and that several of CVC‘s wholly—owned subsidiaries that have previously notified the Commission of 'theirlintent to operate under CVC‘s international Section 214 authorization have changed their names. Pursuant to Sections 63.11(b)(2)(i) and 63.11(c) of the Commission‘s rules," CVC notifies the Commission that it has become affiliated with Magnet Networks Limited ("Magnet") and European Access Providers Limited ("EAPL")." Both Magnet and EAPL are authorized to provide telecommunications services in Ireland (a member of the World Trade Organization) and both are non—dominant.* ‘ On May 6, 2004, counsel for CVC notified the Commission that CVC is affiliated with certain non— dominant foreign carriers and that several wholly—owned subsidiaries intended to operate under CVC‘s international Section 214 authorization. See Letter from Joan E. Neal, counsel to CVC, to Marlene H. Dortch, Secretary, Federal Communications Commission, File No. ITC—214—19980820—00606 (May 6, 2004). 247 CFR. §§ 63.11(b)(2)G), 63.11(c). ‘ Magnet acquired a license to provide telecommunications services in Ireland, and thus became a foreign carrier affiliate of CVC, in October 2004. CVC acquired an affiliation with EAPL in April 2005. * Because neither Magnet nor EAPL holds 50 percent or more in the international transport and the local access markets in Ireland, they are presumptively considered non—dominant. See id. § 63.10(a)(3). de—431517

MORRIS O N FOE RSTE R M: ne H. Dortch Oc »er 28, 2005 Pa; Two CV is authorized under the above—referenced international Section 214 authorization to provide glc 1 facilities—based and resold telecommunications services to all international points, inc ling Ireland. CVC is 100 percent directly owned by Kenneth D. Peterson, Jr., a United Ste ; citizen. Mr. Peterson‘s business address is 203 SE Park Plaza Drive, Suite 270, Va ouver, Washington, 98684. Mr. Peterson is principally involved in the investment and ma gement business. No other person or entity holds a ten percent or more direct or indirect ow rship interest in CVC. Mr. Peterson is a director of CVC and also a director of Magnet and EA _. In addition, Bjarni Thorvardarson is a vice president of CVC and a director of Magnet an( agvar Gardarsson is a vice president of CVC and a director and the acting chief executive off ‘r of Magnet. Otherwise, CVC has no other interlockingdirectorates with Magnet or EA 2. lition, please also consider this letter as notification pursuant to Section 63.21(h) ofthe Co nission‘s rules® that Magnet intends to (but has not yet begun to) operate under CVC‘s abc »—referenced international Section 214 authorization for global facilities—based and resale ser :es. Magnet is a corporation organized under the laws of Ireland and is a wholly—owned inCc ‘ct subsidiary of CVC. Fuw: er, pursuant to Section 63.21(1) of the Commission‘s rules,° CVC notifies the Commission tha 1e following wholly—owned subsidiaries, which have previously notified the Commission of the intent to operate under CVC‘s international Section 214 authorization, have changed their 7 nat S. Former Name New Name CVC Acquisition Company (Ireland) Limited Hibernia Atlantic Cable Systems Limited CVC Acquisition Company (UK) Limited Hibernia Atlantic (UK) Limited CVC Acquisition Company (Canada) Ltd. Hibernia Atlantic Communications (Canada) Company Columbia Ventures U.S. Acquisition LLC Hibernia Atlantic U.S. LLC ° Id. § 63.21(b). ° Id. § 63.21(i). " See supra n.1. This series of name changes was completed as of October 25, 2005 as follows: the name of Hibernia Atlantic U.S. LLC was changed as of May 6, 2005; the name of Hibernia Atlantic (UK) Limited was changed as of June 21, 2005; the name of Hibernia Atlantic Cable System Limited was changed as of July 5, 2005; and the name of Hibernia Atlantic Communications (Canada) Company was changed as of October 25, 2005. de—431517

MORRIS O N FOERSTE R Marlene H. Dortch October 28, 2005 Page Three If you have any questions concerning this notification, please contact the undersigned. Very truly yours, %ZDW T. Miea /ox Joan E. Neal Counsel to Columbia Ventures Corporation Enclosure de—431517

CERTIFICATION I, James P. Prenetta, Jr., General Counsel of Columbia Ventures Corporation ("CVC"), hereby certify that: 1. CVC‘s notification that it is affiliated with Irish carriers Magnet Networks Limited ("Magnet") and European Access Providers Limited ("EAPL") is being submitted pursuant to Sections 63.11(b)(2)(i) and Section 63.11(c) of the Commission‘s rules, 47 C.F.R. §§ 63.11(b)(2)(i), 63.11(0). 2. CVC is entitled to retain non—dominant status on the U.S.—Ireland route because neither Magnet nor EAPL holds 50 percent or more in the international transport and the local access markets in Ireland. 3. CVC has not agreed to and will not in the future agree to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market power on the foreign end of theroute. C)_ /2 ral Jfames P. Prenettd, Jr. General Coursel Date: October 28, 2005 do—431513


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