Attachment 20170112150025-280.p

20170112150025-280.p

SUPPLEMENT

Supplement

1998-09-18

This document pretains to ITC-214-19980918-00643 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998091800643_1392972

Categories of Services for (Stream ; ASSIGNMENT OF LICENSE GLOBAL FACILITIES—BASED SERVI a o o o &o GLOBAL FACILITIES—BASED/GLOB GLOBAL RESALE SERVICE INDIVIDUAL FACILITIES—BASED INTERCONNECTED PRIVATE LINE LIMITED GLOBAL FACILITIES—BA GLOBAL RESALE SERVICE C LIMITED GLOBAL FACILITIES—BA C LIMITED GLOBAL RESALE SERVIC C INMARSAT AND MOBILE SATELLITE SERVIC C SWITCHED RESALE SERVICE C TRANSFER OF CONTROL C SUBMARINE CABLE LANDING LICENSE C INTERNATIONAL SPECIAL PROJECT Description of Application: Afe,

FCC/MELLON SEP 18 1998 SWIDLER BERLIN SHEREFF FRIEDMAN, LLP WASHINGTON OFFICE NEW YORK OFFICE 3000 K STREET, NW, SuUtTE 300 919 THIRD AVENUE WasHINGTON, DC 20007—5116 NEW YORK, NY 10022—9998 TELEPHONE (202) 424—7500 TELEPHONE (212) 758—9500 FACSIMILE (202) 424—7647 FacsiMILE (212) 758—9526 Sept ber 18, 199 BY COURIER Federal Communications Commission International Bureau Telecommunications vision P:Q. Box 358115 Pittsburgh, PA 15251—5115 Attention: Troy Tanner, Chief, Policy id Facilities h, International B »aUu Re: Application of Internationa. alecom (USz —, for Global Auti ity Pursuant to Section 214 of the Comm. cations Act i 4, As Amended, t« ‘perate as an International Facilities—bas. Carrier and International Res 2 Carrier Dear Sir or Madam: Enclosed for filing with the Con ission are a ginal and six (6) apies of the application of International Telecom (U ) LLC req z; global authorit pursuant to Section 214 of the Communications Act 1934, as an 1, to operate as 2 international facilities—based carrier and as an internatiot resale carrie ‘een the United St: ; and various international points. As required by the Commission‘s les, a check amount of $780. is enclosed. Please date—stamp the extra copy of this ar cation and r it in the enclosed f—addressed, stamped envelope. Any questions regardii the enclosed zation should be : ressed to the undersigned. Respectfully submitted, Pomia (f(basgeas Priscilla A. Whitehead Maria L. Cattafesta Counsel for International Telecom (USA) LLC Enclosures co: Charlie Ylasemis Christopher Hoyle 252162.1

Before FEDERAL COMMUNICA‘ $ COMMISSION Washington, C 0554 In the Matter of INTERNATIONAL TELECOM (USA) LLC File No. ITC—98—_______ Application for Global Authority Pursuant to Section 214 of the Communications Act of 1934, as amended, to Operate as an International Facilities—Based and Resale Carrier Between the United States and Various International Points w N/ APPLICA [ International Telecom (USA) LLC ("Inte nal Telecom" or "Applicant"), by its undersigned counsel, hereby requests "global thority, under Section 214 of the Communications Act of 1934, as amended, 47 C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18 (1998), Jvide international telecommunications services between the United States and internation; ats. 1. The Proposed International Services International Telecom requests four types of authority in this Application, all of which are eligible for streamlined processing.~ International Telecom specifically requests: (1) global facilities—based authority pursuant to Section 63.18(e)(1) of the FCC‘s Rules, 47 C.F.R. § V 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= 63.18(e)(1), to acquire interests in half—circuits in U.S.—authorize ities a as necessary connecting facilities to provide international telecommunication ices b n the United States and all international points except those countries exclud: the E: on List;* (2) global authority pursuant to Section 63.18(e)(2) of the FCC‘s Rul C.F.I 3.18(e)(2), to resell the international switched services of all U.S.—authorized c ; to pr international switched services between the United States and all international : serve 10se carriers; (3) global authority pursuant to Section 63.18(e)(2) of the FCC‘s 47 C. $63.18(e)(2), to resell international private lines to provide international non—inte »cted ; : line services between the United States and all international points; and (4) rity p it to Section 63.18(e)(2) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), to re iternal private linc.:.s interconnected to the public switched network ("PSN") at one or be is to pt international switched services on all international routes on which the Comm perm: ‘h services to be provided." As International Telecom does not seek authc > serv ntries or use facilities excluded by the Exclusion List, and does not seek to ser intries aich it has an affiliate with sufficient market power in the destination market to comp: i adversely in ¥ International Telecom 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 the Commission permits the provision of such services. 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 of Foreign 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).

3. the U.S. market, Internatiénal Telecom‘s Application for authority pursuant to Section 214 is eligible for streamlined processing.* International Telecom 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 ofservice options. A grant of this Application will therefore further the public interest. II. The Applicant International Telecom is a limited liability company formed under the laws of Delaware. International Telecom 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 International Telecom wiil resell. International Telecom 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 a foreign carrier in the United Kingdom, a destination market that is a WTO Member country. As a relatively new entrant, International Telecom‘s United Kingdom affiliate does not hold significant market share in the United Kingdom. Therefore, International Telecom should be classified as a nondominant carrier for the provision of the services for which authority is requested in this Application, and International Telecom‘s Application is eligible for streamlined processing. 4 See Streamlining Order; 47 C.F.R. § 63.12 (1998). 3 47 C.F.R. §63.18(h); Market Entry and Regulation of Foreign—Affiliated Entities, Report and Order, 11 FCC Red 3875 (1995) (Market Entry Order).

—4.. III. Public Interest Co_;xsyler_atym In the Market Entry Order, the Commission set forth the following p goals for its regulation of the U.S. international telecommunications market: to promote eff competition in the U.S. telecommunications market, particularly the market international telecommunications services; to prevent anticompetitive conduct in the provisi international services or facilities; and to encourage foreign governments to open thei imunications markets." The Commission also stated that "establishing an effectively c titive global communications market could result in reduced rates, increased quality, ar v innovative services."*" In addition, the Commission found that "effective competition dir advances thé public interest and the Commission‘s paramount goal of making available id, efficient, worldwide wire and radio communication service with adequate facilities at reas e charges."* Grant of International Telecom‘s request for facilities—based and resale a) ty to provide international services as requested in this Application will directly further ommission‘s policies of bringing increased competition to the U.S. international telecommi lons services market and is therefore in the public interest. IV. Information Required under Section 63.18 As required by Section 63.18 of the Commission‘s Rules, International Telecom submits the following information: o Id. at € 6. U Id. & Id. at § 10.

15. (a) Name, address and telephone number of Applicant: International Telecom (USA) LLC 185 Newberry | mmons, No. 160 Stters, PA 173 Pel: (215) 245 :0 "ax: (215) 245 29 (b) Applicant is a 1 ted liability company formed under the laws ofDelaware. (c) ~orrespondence »ncerning this application should be sent to: riscilla A. Wh head, Esq. Maria L. Cattai a, Esq. JWIDLER BERLL ‘HEREFF FRIEDMAN, LLP 000 K Street, W., Suite 300 Nashington, D 20007 (el: (202) 42 7500 "ax: (202) 42 7645 vith a copy to: ~harlie Ylasem nternational Te :omple 17—88 Turnmill :eet .ondon ECIM U SNGLAND lel: Ol1 44 216 9001 (d) Jpon grant of t Application, International Telecom will become an authorized ion—dominant f; ities—based carrier and reseller with global authority, subject to Section 214 of the Communications Act of 1934, as amended, and the Commission‘s Rules. International Telecom lacks the market power that would allow it to control prices to the detriment of market competition. (e) International Telecom requests Section 214 authority to operate as a facilities—based carrier pursuant to the terms and conditions of Section 63.18(e)(1) and to operate as a resale carrier pursuant to the terms and conditions of Section 63.18(e)(2). Specifically, International Telecom requests: (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

—6— 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 United States and all international points served by thos: carriers; 3) globsl authority pursuant to Section 63.18(e)(2) of the FCC s rules, 47 C.F.R. §63.18(e)(2), to resell intr——~ational private lines to provide interiational notr— interconnected private line vices Jetween the United S:ates ind all internation: 1 points; and (4) authority 1 su:nt Section 63.18(e)(2) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), to : »AI1 international private lines intercomnected to th2 public switched network ( SN") it one or both ends to provide intrnationil switched services on all inte iticnal routes on which the Coraimission pe ‘mits suc 1 services to be provided. (£) International Telecom scek ie aut i0rity to provide onl:/ the services ieference1 under paragraph (e) of Sec 1 63.18 of the Co:nmission‘s Ru.es. (g) The authority requested this Application is categorically excluded from environmental processing a »fined by Section ] .1306 of the Commissicn‘s Rule: , 47 C.F.R. § 1.1306. As : 1, in >nvironmenal assessment is not re juired for purposes of this Applicatic nd is ‘herefore nct attached. (B) (1) International Telecom s tie following foreign afiiliaticns, as thkat term is defined in the Commission ?ues: o United Kingdom: atern:iaitional Tel:com ple provides i rumber (f telecommunication: rvices including phone cari and call bact: service:. It currently holds a1 ternational Simpl«: Voice Resiile license a 1d expecis to receive an Intern n l Facilities License in the ie;r term it the U.K. As a relatively ney ntrant, Internatio ial Telecom: plc does 10t hold a significant market : ‘e in tie U.K. 9/ International Telecom only seeks authority to own circuits on facilities not excluded by the Exclusion List. 10/ 47 C.F.R. §63.18(h)

Fals Information regarding International Telecom‘s 10% or greater direct or indirect shareholders is as follows: Name: I1 rnational Telecom ple g Address: 8 Turnmill Street 9 lon EC1IM 5QU 5 LAND Percentage Held: 1( % Citizenship: E and Principal Business: T communications Information regarding Ir mational Telecom ple‘s 10% or greater direct or indirect shareholders is as follor Name: D ietris Charalambous Address: c/ nternational Telecomplc g 8 Turnmill Street L lon ECIM 5QU E LAND Percentage Held: 9¢ % Citizenship: G ‘k Cypriot Principal Business: T communications (2) International Telecc has no interlocking officers or directors to report. i) As required by Section 6 18 (i1) of the Commission‘s Rules, 47 C.F.R. § 63.18(i), International Telecom c ifies that it has not agreed to accept nor shall it accept in the future any speci concessions, as defined by the Commission‘s Rules, directly or indirectly fr: any foreign carrier or administration with respect to traffic or revenue flow: etween the U.S. and any foreign country for which International Telecom n_., be authorized to serve. 0 International Telecom is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. International Telecom‘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.

CONCLUSION For the reasons statéd above, International Telecom (USA) LLC respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, INTERNATIONAL TELECOM (USA) LLC By: MEZE’;LQZ&__ Its Attorneys 8 Priscilla A. Whitehead, Esq. Maria L. Cattafesta, Esq. SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 424—7500 (tel) (202) 424—7645 (fax) Dated: September 18, 1998 249874.1

AUG—a@1—Ss8 17:00 FROM: SWID : BERLIN SHEREFF FR ID : 20242 14 S PA a P1 U ~ CERTIFICATION OF APPLICANT On behalf of Interpational Telecom (USA) LLC, and in accordance 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 Application 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. I also hereby certify that the statements in the foregoing Application for Section 214 authority are true, complete, and correct to the best of my knowledge and are made in good faith. International Telecom (USA) LLC has not agreed to accept nor shall it acceptin 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 on any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market. | INTERNATIONAL TELECOM (USA) LLC Name: MraSsS 0. DemeTrcy Title: _D_y&gefigf Date: es sAre 12


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