Attachment 20170112152126-760.p

20170112152126-760.p

SUPPLEMENT

Supplement

1998-09-15

This document pretains to ITC-214-19980915-00644 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998091500644_1392975

Categories of Services for 214 (Streamline/Non—st ASSIGNMENT OF LICENSE GLOBAL FACILITIES—BASED SERVICI GLOBAL FACILITIES—BASED/GLOBA] GLOBAL RESALE SERVICE INDIVIDUAL FACILITIES—BASE INTERCONNECTED PRIVATE LINE R LIMITED GLOBAL F%CILITIES?Eflfi GLOBAL RESALE SERVICE LIMITED GLOBAL FACILITIES—BAS ‘7"IC§ LIMITED GLOBAL RESALE SERVICE INMARSAT AND MOBILE SATELLITE SERVIC SWITCHED RESALE SERVICE TRANSFER OF CONTROL SUBMARINE CABLE LANDING LICENSE INTERNATIONAL SPECIAL PROJECT

FComMELLON SEP 15 1999 SWIDLER BERLIN SHEREFF FRIEDMAN, LLP WASHINGTON OFFICE NEW YORK OFFICE 3000 K STREET, NW, SUtTE 300 919 THIRD AVENUE WasHINGTON, DC 20007—5116 NEW YORK, NY 10022—9998 TELEPHONE (202) 424—7500 S ember 1 5, 1998 TELEPEONE (212) 758—9500 FACSIMILE (202) 424—7647 FACSIMILE (212) 758—9526 BY COURIER Federal Communications Commission International Bureau Telecommunicatic Division P.O. Box 358115 Pittsburgh, PA 15251—5115 Attention: Troy Tanner, Chief, Pol and Facilities Branch, International Bureau Re: Application of Internatic I Exchange Communications, Inc. d/b/a IE Com, for (zlobal Authority Pursua to Section 214 of the Communications Act of 1934, As Amended, to Operate a m International Facilities—based Carrier and as an International Resale Car r Dear Sir or Madam: Enclosed for filing with the C nmission are an original and six (6) copies of the application of International Exchange / mmunications, Inc. d/b/a IE Com requesting global authority, pursuant to Section 214 of th ~ommunications Act of 1934, as amended, to operate as an international facilities—based carrie nd as an international resale carrier between the United States and various international points. As required by the Commission Rules, a check in the amount of $780.00 is enclosed. Please date—stamp the extra copy of this plication and return it in the enclosed self—addressed, stamped envelope. Any questions regai ag the enclosed application should be addressed to the undersigned. Respectfully submitted, (an._ Catherine Wang 2/ Maria L. Cattafesta Counsel for International Exchange Communications, Inc. d/b/a IE Com Enclosures

CC Howard Neckowitz Gail Granton Robert Craver Ron Anderson Chuck Taylor Andrew D. Lipman 251609.1

B the FEDERAL COMMU! TIONS COMMISSION Washing ).C. 20554 ) In the Matter of ) ) INTERNATIONAL EXCHANGE ) COMMUNICATIONS, INC. ) D/B/A IE COM ) File No. 4FC—98—_ ) —TIC—24t— 1999095 onUPf Application for Global Authority Pursuant t« ) Section 214 of the Communications Act ) of 1934, as amended, to Operate as an ) International Facilities—Based and Resale Ca ) Between the United States and Various ) International Points ) ___) APP TION International Exchange Communicati ac. d/b/a IE Com ("IE Com" or "Applicant"), by its undersigned counsel, hereby reque: lobal" authority, under Section 214 of the Communications Act of 1934, as amende U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18 (1 to provide international telecommunications services between the United States and international points. I. The Proposed International Services IE Com requests four types of authority in this Application, all of which are eligible for streamlined processing." IE Com specifically requests: (1) global facilities—based authority u/ See Streamlining the International 214 Authorization Process and TariffRequirements, 11 FCC Red 12884 (1996) (adopting streamlined 3 5—day processing procedures for certain international resale applications) ("Streamlining Order"); 47 C.F.R. § 63.12 (1998).

«J pursuant to Section 63. 18‘(e$(1) of the FCC‘s Rules, 47 C.F. 2)(1), to acquire interests in half—circuits in U.S.—authorized facilities as well as nece: ‘ting facilities to provide international telecommunications services between the Unit d all international points except those countries excluded by the Exclusion List;* (2) ority pursuant to Section 63.18(e)(2) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), ie international switched services of all U.S.—authorized carriers to provide internat ied services between the United States and all international points served by those c rlobal authority pursuant to Section 63.18(e)(2) of the FCC‘s rules, 47 C.F.R. §63.1; ‘sell international private lines to provide international non—interconnected private lin etween the United States and all international points; and (4) authority pursuant to Sec :)(2) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell international private lines ied to the public switched network ("PSN") at one or both ends to provide international rvices on all international routes on which the Commission permits such services to I * As IE Com does not seek authority to serve countries or use facilities excluded usion List, and does not 3 IE Com only seeks authority to own circuits on facilities not excluded by the Exclusion List. &3/ The FCC will automatically amend all Section 214 authorizations to permit carriers to resell international private lines to provide international switched services between the United States and other countries as provision of such services becomes permitted by the Commission. Streamlining Order at [ 34. See also, International Settlement Rates, IB Docket 96—261, Report and Order, FCC 97—280 (rel. Aug. 18, 1997)(Benchmarks Order); Rules and Policies ofForeign Market Participation in the U.S. Telecommunications Market, IB Docket 97—142, Report and Order on Reconsideration, FCC 97—398 (rel. Nov. 26, 1997) (Foreign Market Participation Order).

seek to serve countries in .which it has a facilities—based affiliate, IE Com‘s Application for authority pursuant to Section 214 is eligible for streamlined processing.* IE Com believes that the added competition its entry will bring to the market will benefit the consumers of United States—overseas services. These benefits include competitive pricing and increased availability of a variety of service options. A grant of this Application will therefore further the public interest. II. The Applicant IE Com is a corporation organized under the laws of Delaware. IE Com is not affiliated, as that term is defined by Part 63 of the Commission‘s Rules* with any dominant U.S. carriers whose international services IE Com will resell. IE Com is affiliated, within the meaning of Section 63.18(h)(1)(i), 47 C.F.R. § 63.18(h)(1)(i), of the Commission‘s Rules, with foreign carriers that lack sufficient market power on the respective foreign end of the route to affect competition adversely in the U.S. market. Therefore, IE Com should be classified as a nondominant carrier for the provision of the services for which authority is requested in this Application, and IE Corm‘s Application is eligible for streamlined processing. III. Public Interest Considerations In the Market Entry Order, the Commission set forth the following policy goals for its regulation of the U.S. international telecommunications market: to promote effective competition 4 See Streamlining Order; 47 C.F.R. § 63.12 (1998). 5 47 C.F.R. §63.18(h); Market Entry and Regulation of Foreign—Affiliated Entiiies, Report and Order, 11 FCC Red 3875 (1995) (Market Entry Order). 3.

in the U.S. telecommfinications market, particularly the market for ationa telecommunications services; to prevent anticompetitive conduct in the provision of ationa services or facilities; and to encourage foreign governments to open their con ation: markets." The Commission also stated that "establishing an effectively compe globa communications market could result in reduced rates, increased quality, and new vative services."*" In addition, the Commission found that "effective competition directly . ces the public interest and the Commission‘s paramount goal of making available a rap: icient worldwide wire and radio communication service with adequate facilities at reasonab) ‘ges."! Grant of IE Com‘s request for facilities—based and resale authority to provide ationa services as requested in this Application will directly further the Commission‘s ies 0: bringing increased competitionto the U.S. international telecommunications service <et anc is therefore in the public interest. IV. Information Required under Section 63.18 As required by Section 63.18 of the Commission‘s Rules, IE Com submits t lowing information: (a) Name, address and telephone number of Applicant: International Exchange Communications, Inc. d/b/a IE Com 533 Airport Boulevard, Suite 505 Burlingame, CA 94019 Tel: (650) 375—6700 & Id. at [ 6. U 1Id. & Id. at [ 10.

(b) Applicant is a corporation incorporated under the laws of Delaware. (c) Correspondencere ig this Application should be sent to: Catherine Wang, I Maria L. Cattafest [. SwWIDLER BERLIN S °F FRIEDMAN, LLP 3000 K Street, N.! 1ite 300 Washington, D.C. 17 Tel: (202) 424—1 Fax: (202) 424— with a copy to: Gail E. Granton International Exch ommunications, Inc. d/b/a IE Com 533 Airport Boule Suite 505 Burlingame, CA 9 Tel: (650) 375—67C (d) Upon grant of this cation, IE Com will become an authorized non—dominant facilities—based car id reseller with global authority, subject to Section 214 of the Communicatio t of 1934, as amended, and the Commission‘s Rules. IE Comlacks the marl wer that would allow it to control prices to the detriment of market competitior (e) IE Com requests n 214 authority to operate as a facilities—based carrier pursuant to the ter d conditions of Section 63.18(e)(1) and to operate as a resale carrier pur to the terms and conditions of Section 63.18(e)(2). Specifically, IE C—__ _ _quests: (1) global facilities—based authority pursuant to Section 63.18(e)(1) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(1), to acquire interests in half—circuits in U.S.—authorized facilities as well as necessary connecting facilities to provide international telecommunications services between the United States and all international points except those countries excluded by the Exclusion List;* (2) global authority pursuant to Section 63.18(e)(2) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell the international switched services of all U.S.—authorized carriers to provide international switched services between the 9/ IE Com only seeks authority to own circuits on facilities not excluded by the Exclusion List. —5.

United States and all international points served by those carriers; (3) global authority pursuant to Section 63.18(e)(2) of the FCC‘s rules, 47 C.F.R. §63.18(e)(2), to resell international private lines to provide interrational ron— interconnected private line services between tie United States a1d ill international points; and (4) authority pursuant Section 63.18(e)(2) of the FCC‘s :¢ules, 4" C.F.R. § 63.18§(e)(2), to resell international private lin:s interconnmeced to th«: public switched network ("PSN") at cne or both ends to provide international switched services on all international rouwtes or which the Comm:ssion permits sucli services to be provided. (£) IE Com seeks the authority to provide olly the services reer:nced unde: paragraph (e) of Sect.on 63.18 of the Commission‘s Rules. (g) The authority requested in this Application is categoricaly excluded froni environmental processing as defined by Sectio 1 1.1306 of the Comtiis si0o:1‘s Rules , 47 C.F.R. § 1.1306. As such, an environmntal assess nent is 1 0t recquired fo purposes of this Applicatio:i and is therefore not attachec.. (B) (1) IE Com is "affiliated," sither directly or indirectly, with the: fcllo wirg foreig11 carrier pursuant to Secion 63.18(h)(1)(i) of the Commission‘s Rules. Commission‘s Rules. IE Com will provide its foreign affiliation inormation wider s:piraie cover. Information regarding IE Com‘s 10% or greiter direct 0:‘ indirect shareholders i; as follows: Name: Pacific Gateway Exchange, Inc Address: 533 Airport Boulevard, Suite 505 Burlingame, CA 94019 Percentage Held: 100% Citizenship: Delaware Principal Business: Telecommunications 10/ 47 C.F.R. §63.18(h)

Information regarding Pacific Gateway Exchange, Inc.‘s 10% or greater direct or indirect shareholder is as follows: Name: Howard A. Neckowitz Address: 533 Airport Boulevard, Suite 505 Burlingame, CA 94019 Percentage Held: approximately 20.4%* Citizenship: United States of America Principal Business: Telecommunications *Including certain shares held by other individuals or trusts for which Mr. Neckowitz has been granted certain irrevocable proxies. (2) IE Com‘s interlockingofficers or directors are as follows: Name of Officer/Director Company h Position Howard A. Neckowitz International Exchange President & Director Communications, Inc. d/b/a IE Com Pacific Gateway Exchange, Inc. President & Chief Executive Officer Gail E. Granton International Exchange Vice—President, Secretary, Communications, Inc. d/b/a Treasurer & Director IE Com Pacific Gateway Exchange, Inc. Executive Vice President, International Business Development & Secretary i) As required by Section 63.18 (i) of the Commission‘s Rules, 47 C.F.R. § 63.18(i), IE Com certifies that it has not agreed to accept nor shall it accept in the future any special concessions, as defined by the Commission‘s Rules, directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows between the U.S. and any foreign country for which IE Com may be authorized to serve. ) IE Com is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. IE Com‘s certification pursuant to Section 1.2002 of the Commission‘s Rules (implementing the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 3301) is attached. tya

CONCLUSION For the reasons stated above, International Exchange Communications, Inc. d/b/a IE Com respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, By: Catherine Wang Maria L. Cattafesta SWIDLER EERLIN SHEREF!: FRIEDMIAN, LLP 3000 K Street, N.W., Suwite 300 Washington, DC 20007 (202) 4214—7837 (tel) (202) 424—7645 (fas) Counsel. for International Exchange Communications, Inc. d/l)/a IE Com Dated: September 15, 1998 245894.1

AUG—24—98 11:09 FROM:SWIDLER BERLIN SHEREFF FR ID: 2024247645 PAGE 8/ 18 CERTIFICATION OF APPLICANT On behalfofInternational Exchange Communications, Inc. &/b/a IE Com and in accordar ce with Section 1.2001—1.2003 of the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby certify that no party to this request is subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853a. Further, I hereby certify that the statements in the foregoing request for Special Temporary Authority are true, complete, and correct to the best of my knowledge and are made in good faith. To the extent required by the Commussion‘s Rules, International Exchange Communicatio:3s, Inc. /b/a IE Com. certifies that it has not agreed to accept special concessions directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows between the U.S. and various international points for which Special Temporary Authority is granted, and has not agreed to enter into such agreements in the future. International Exchange Communicaiions, Inc. d/b/a IE Com x n By: .: P.B2 Name: _GBiuw GApstop Title: V’fL 3c.c«rr.fa.:%/j 4 /l}ca.yvrw 5' Di zceto — Date: 91/ 1[/9p


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