Attachment 20170112160352-233.p

20170112160352-233.p

SUPPLEMENT

Supplement

1998-09-25

This document pretains to ITC-214-19980925-00659 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998092500659_1393005

Categories of Services for 214 A (Streamline/Non—streaml: Innsssnerintsermececcsaemaenaacenenmaememneinay ASSIGNMENT OF LICENSE namm@@m GLOBAL FACILITIE GLOBAL FACILITIE: GLOBAL RESALE SE] INDIVIDUAL FACIL C INTERCONNECTED PRIVATE NE RESALE «ERVIC‘ LIMITED GLOBAL FACILITIES—BASED SEHRVICHE/LIMI® LIMITED GLOBAL FACILITIES— IG% 3 G LIMITED GLOBAL RE G INMARSAT AND MOBILE SATELLITE SERVICE O SWITCHED RESALE TRANSFER OF CONTF 9 9 8 LANDING LICENSE INTERNATIONAL SPECIAL PROJECT Description of Application:

recmerLom SCP 25 1998 COPV W/IDLER BERLIN SHEREFF FRIEDMAN, LLP WASHINGTON OFFICE NEW YORK OFFICE 3000 K STREET, NW, SUITE 300 919 THIRD AvENUE WaASHINGTON, DC 20007—5116 NEW YORK, NY 10022—9998 TELEPHONE (202) 424—7500 TELEPHONE (212) 758—9500 FACSIMILE (202) 424—7647 5 eptemb er 25, 1998 FACSIMILE (212) 758—9526 1D8f 23, VIA COURIER Magalie Roman Salas, Secretary Federal Communications Commission International Bureau — Telecommunications Division P.O.Box 3581153 Pittsburgh, PA 15251—5115 Attention: Diane Corell, Division Chief Re: Application of BroadSpan Communications, Inc. for Section 214 International Global Facilities—Based Authority and Global Resale Authority Dear Ms. Salas: Enclosed for filing with the Federal Communications Commission ("Commission") are an original and six (6) copies ofthe application ofBroadSpan Communications, Inc. pursuant to Section 214 of the Communications Act. As required by the Commussion‘s Rules, enclosed is a check in the amount of $780.00, payable to the Commission. Please date—stamp the extra copy of this application and return it in the enclosed self— addressed, stamped envelope. If you have any questions concerning this application, please do not hesitate to contact Kevin Minsky at (202) 945—6290. Respectfully submitted, 1. F 2 sug2 3 William B. Wilhelm, Jr. Counsel for BroadSpan Communications, Inc. Enclosures ge: Troy Tanner (FCC) Blake Ashby Kevin D. Minsky 253092.1

Before the FEDERAL C OMNVIUNICATIONS COMMISSION ‘Nashingtor , D.C . 205:534 in the Matter of 3rcadSpan Comn unications Inc. File No. I—T—C—98—___ Application for Global Authority P irsuaint to {ection 214 of the Communications: Act of :934, as ameniled, to Operate as an ‘nternations l Facilities—lBased and Resale Carrier 3et ween the United States and Various ‘nternations l Points A PPLICATI JN Bro:dSpar. Communication: , Inc. ("BSC" or "Ap;flicant‘), by its undersigned counsel, hercby requssts "global" authority, unde: Sect on 214 of the Communications Act of 1934, as «mended, 4‘ U.S.!C. § 214 (1982), ar d Section 63.18 0 ‘the C ommission‘s Rules, 47 C.F.R. § 63.18 (1927), to jprovids international telecommunication: serv:ces b:tween the United States and internationa points other than those sxcluded by the E«clusin Lis:. Pursuant to Section 63.12, of the Commussion‘s Rules, 47 C.F.R. § 63 12 (1297), chis Application is eligible for streamlined processing. 1. The Proposed International Services BSC requests four types of authority in this Application, all of which are eligible for streamlined processing."‘ BSC specifically requests: (1) global facilities—based authority pursuant U See Streamlining the International 214 Authorization Process and TariffRequirements, IB Docket No. 95—118, FCC 96—79 (released March 13, 1996) (adopting streamlined 35—day processing (continued...)

—J. to Section 63.18(e)(1.) of thie FCC‘s Rules, 47 C.F.R. § 63.18(2)(1), to acq 1ip in in U.S.—autt orized faciliti:s as well as necessary commectin ; facilities atern: tslecommiur ications services between the Jnited State: and ill internatic xcept countries ex :luded by the Ixclusion List;* (2) global a thorit y pursuant t 18(e tae Comunission‘s Rules, 17 C.F.R. § 63.18(e)(2), to resell 1 ternational —vices vnaffiliatsd J.S.—autaoiize d carriers to provide in ernational svitche d serv 1 the 1 Sitates and a 1 international points served by those carriei‘s; (3) global auth: it to S 63.18(e)(2)(A) of the FZCC‘s riles, 47 C.F.Jl. § 65.18(e€,(2)(A ,, to resell ir mvat t> provid:: i1 ternational no i—interconnectec private line servic :s bet veen tates : intenationa. pcints except hose countries e::cluded by th : Exel ision List; a ity pu Section 63.18(e)(2)(B) oftiieFCC‘s Rules, +7 C.F.R. § 6: .18(e (2)(B), to re onal; lines intercontrected to tke public switch :d netvork "PSN") at one c to p internationa switched sem ices on all internationsl routes on »hich the C ermit services to t e provided." As BSC does nct seek autho:ity tco serve any i se fac excluded by the: Exclusion List, and does not seek to serve any country in a faci *(...continued) procedures for certain international resale applications) ("Streamlining Order"); 47 C.F.R. § 63.12 (1997); 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"). 2 Pursuant to the Streamlining Order, the FCC permits applicants who obtain global facilities—based authority to thereafter acquire additional capacity in any U.S.—owned facilities without requesting further authority under Section 214. Streamlining Order 16. 3 See Streamlining Order § 34. See also International Settlement Rates, IB Docket 96—261, Report and Order, FCC 97—280 (rel. Aug. 18, 1997) ("Benchmarks Order"); Foreign Market Participation Order.

«J based affiliate with market power, BSC‘s application for authority pursuant to Section 214 is eligible for streamlined processing.* BSC believes that the added competitionits entry will bring to the market will benefit the consumers of United States—overseas services. These benefits include competitive pricing and increased availability ofa variety of service options. A grant of this Application will therefore further the public interest. II. The Applicant BSC is a Missouri corporation withits headquarters locatedat 11756 Borman Drive, Suite 101, St. Louis, Missouri 63146. BSC can be reached by telephone at (314) 214—0000 or by facsimile at (314) 569—7110. BSC plans to operate as an international telecormmunications service provider but does not currently hold any authorization pursuant to Section 214 of the Communications Act, as amended, to prdvide such services. BSC 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 BSC will resell. BSC is not affiliated, within the meaning of Section 63.18(h)(1)(i), 47 C.F.R. § 63.18(h)(1)(i), of the Commiuission‘s Rules, with any foreign carriers. Therefore, BSC should be classified as a nondominant carrier for the provision of the services for which authority is requested in this Application, and BSC‘s Application is eligible for streamlined processing. 4 See Streamlining Order;, 47 C.F.R. § 63.12 (1997). 3 47 C.F.R. §63.18(h) (1997); Market Entry and Regulation ofForeign—Affiliated Entities, Report ( Order, 11 FCC Red 3875 (1995)("Market Entry Order").

III. Public Interest Considerations In the Market Entry Order, the Commussion set forth the following policy goals for its regulation of the U.S. international telecommunications markét: to promote effective competition in the U.S. telecommunications market, particularly the market for international telecommunications services; to prevent anticompetitive conduct in the provision of international servicesor facilities; and to encourage foreign governments to open their communications markets." The Commission also stated that "establishing an effectively competitive global communications market could result in reduced rates, increased quality, and new innovative services."*" In addition, the Commission found that "effective competition directly advances the public interest and the Commission‘s paramount goal of making available a rapid, efficient, worldwide wire and radio communication service with adequate facilities at reasonable charges."* Grant of BSC‘s request for facilities—based and resale authority to provide international services as requested in this Application will directly further the Commission‘s policies ofbringing increased competition to the U.S. international telecommunications services market and is therefore in the public interest. o See Market Entry Order at 6. i Id. & Id. at € 10.

—5. IV. Information Required under Section 63.18 As required by Section 63.18 of the Commission‘s Rules, BSC submits the following information: (a) Nlarae . . address of applicant: Ero id« a Communications, Inc. 11756 fman Drive, Suite 101 St. Lol MO 63146 (31+) 2 —0000 (Tel.) (31+)) i —7110 (Fax) (b) £ pplic is incorporated under the laws of the State of Missouri. (c) Corres idence concerning this application should be sent to: VVil iat i. Wilhelm, Jr. SW ID] ? BERLIN SHEREFF FRIEDMAN, LLP 300 ) K reet, N.W., Suite 300 YWWashiu m, D.C. 20007 (202)) 4 —7500 (Tel.) (20;;) 4 —7645 (Fax) vith a y to: Elalze . iby, Planning and Regulatory Affairs Eroads a Communications, Inc. 11756 rman Drive, Suite 101 &t. Lo1 MO 63146 (314) 214—0067 (Tel.) (314) 569—7110 (Fax) (d) BSC has not previously received authority under Section 214 ofthe Act. Upon grant of this application, BSC will become a nondominant carrier with authority pursuant to Section 214 of the Communications Act of 1934, as amended, and the Commission‘s Rules, to operate as an international facilities—based and resale carrier. BSC lacks the market power that would allow it to control prices to the detriment of market competition.

<G.— (e) BSC reqiests Section 214 authority to operate as a facilities—based carrier pursuant to he terms and conditions of Section 63.18(e)(1) and to operate as a resale carrier pu suant to the terms and corndit‘~rs of Section 63.18®(eW?\. Specifically, BSC recuests (1) global facilities—base uthority pursuant i ior 62 i(e (1 ) oth: FCC‘ EKules, 47 C.F.R. § 62.1i (1), t acquire 01 ip in sts in U.S.> au ho ized facilities as viell a riecessary connec ‘ac litt to provid: int »rr ational telecommunicatims »rvices between nit:d ite; snd all int »rr ational points except those untries excluded : Exc on List; (2) glcba authority pursuant to Sect . 63.13(e)(2) 0 t nmiss ‘s Rules, 4 C.]‘.R. § 63.18(e)(2), to resell in aational switched es of unafiliate 1 U.i>.—uthorized carriers to provi interrational swi‘ servic beiween th: Ur ite 1 States and all interniaiticna »ints searved by the rie‘s sr than thos: coiint ie listed on the Exclusior ist; (3) global au pairs t to Siectio i 63 18 ‘e) 2)(A) oftheFCC‘sru‘es, C.F.F. §53.18(e)( to res intcrnationl privat> lines to provide intenai ial ncn—interconn privat ine services beiwesen the United States and inteniat onal poi ce t se couniries exi luled bythe Exclusion List; an 4) autt ority pursus tio0r16 8(e)(2)(FE)cf the FCC‘s Rules, 47 C.F.R § 63 (e)(2)B), to resel naior private lines int ‘rc onnected to the public:switch network: "PSN") : rt otlt dssopro‘vid: int :n ational switched services on international route hichit Comrussio 1 peimis : uch services to be nrovid * (1) BSC : eecs authority in this Apoli on to provide onl ceire enced urde: paiag ‘aph (e) of Section 63.1¢ of : Commission‘s F (§) Th: wutaority requested in hi ipplication is ca :aly luded fromni en ironriental processing as defin by Section 1.306 . Comnn ion‘s Rules, 47 C.F.1l. § 1.1306. As suck, a nvironmental ass it is : recuued fo: purpc ses of this Application aid herefore not attac 2 See Streamlining Order § 17. The Foreign Participation Order recently released by the Commission eliminates the equivalent resale opportunities test for World Trade Organization ("WTO") member country routes. Foreign Participation in the U.S. Telecommunications Market, IB Docket No. 96—111, Report and Order, FCC 97—298 (rel. Nov. 26, 1997) ("Foreign Participation Order"). Pursuant to the Streamlining Order, the FCC has stated it will automatically amend all Section 214 authorizations to resell international private lines and to provide international switched services between the United States and countries that afford U.S. carriers equivalent resale opportunities to add all countries found to meet the equivalent resale opportunities standard. Streamlining Order ( 34. BSC presumes that such international private line resale authority will be extended to all routes between the U.S. and a WTO member country upon the effective date of the Commission‘s Foreign Participation Order.

+J (h) BSC is not "affiliated", either directly or indirectly, with any foreign carrier as that term is defined in the Commission‘s Rules."" No director or officer of BSC is a director or officer of another telecommunications carrier. The following entities hold, or will hold at the time authority : eq 1ested herein may be granted, a ten percent (10%) or greater., direct or indirec ;, c wnership interest in BSC: Name: Bormiin Ho‘dings, LLC Address: 11756 Borman Drive, { ut e, 220 St. Louis, MO 6314 Telephone Number: (314) 995—5755, ext. 217 Citizenship: U.S. formed limited lia »il ty company [L—— Principal Business: Holding Company Ownership Percentage: 66 % . The following; entities hold, or will hold at the time authority 1 eq 1ested herein may be granted, a ten percent (19)%) or greater, direct or indirec;, c wnership interest in Borman Holdings, LLC: Name: Mr. Brian Maithews Address: 11756 Bornman Drive, { ui e, 220 St. Louis, MO 63146 _ Telephone Number: (314) 995—5755, ext. 2: 7 * Citizenship: U.S. Principal Business: Shareholde1 Ownership Perceintage: 50% Name: Ms. Carol Matthews Address: 11756 Borman Drive, ui e, 220 St. Louis, MO 63146 a Telephone Number: (314) 995—5755, ext. 217 /Citizenship: U.S. Principal Business: Shareholder Ownership Percentage: 50% 19 47 C.F.R. §63.18(h) (1997).

—g— i) As required by Section 63.18 (i) of the Commission‘s Rules, 47 C.F.R. § 63.18(i), BSC 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 cr indirectly , from any foreign carrier or administration with respect to traffic o re venue flow ; on any U.S. international route where the foreign carrier possess s suffic ert market power on the foreign end of the route to affect competition idv »rsely in th: U.S. Market. G BSC is not subject to a denial of Federal benefits pursuant to Sect on 5301 of th: Anti—Drug Abuse Act of 1988. BSC‘ certification pursuant to Secticn 1.200., o‘ the Commission‘s Rules (implementing the Anti—Drug Abuse A :t of 1588, 21 U.S.C. § 3301) is attached. | (k) BSC requests streamlined processing of this application. BSC is nct a filiated ‘ vit 1 any foreign carriers and therefore qualifies for streamlined processing wider 47 C.F.R. § 63.12(a).

—9. CONCLUSION For the reasons stated above, BroadSpan Communications, Inc. respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, BROADSPAN COMMUNICATIONS, INC. my. Atllus & biMLt» William B. Wllhehm, Jr. SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 424—7500 (Tel.) (202) 424—7645 (Fax) Counsel for BroadSpan Communications, Inc. Dated: September 25, 1998

CERTIFICATION OF APPLICANT On behalf ofBroadSpan Communications, Inc. ("BSC " or "Appli :sant‘") . and in acec rdanc: with Section 1.2001—1.2003 ofthe Commiussion‘s Rules, 47 C.F.R. §§ 1.200 1 —1.2( 03, I hereby certif/ that no party to this Application is subject to a denial ofFederal Vbent:fits t! at inc udes °CC t enefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.© .C. § 353a. I also hereb: certify that the statements in the foregoing Application for Section 214 aut a0rity are tr 16, conplete, and correct to the best of my knowledge and are made in good faith. BSC has not agreed to accept nor shall it accept in the future an spec al cor icessit msS, as defined by the Commission‘s Rules, directly or indirectly, from any ioreigi1 cartier on administration with respect to traffic or revenue flows on any U.S. inter natior al route whre the foreign carrier possesses sufficient market power on the foreign em| of tie route to affec: competition adversely in the U.S. Market. s W.EGIV _ BroadSpan Communicati mns, ic. Name: Richard S. Phillips Title: President bate: Sex:. &\ .199; 252208.1


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