Attachment 20170117090538-923.p

20170117090538-923.p

SUPPLEMENT

Supplement

1998-10-02

This document pretains to ITC-214-19981002-00678 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998100200678_1395883

        Categoriesof
             C ,LStreafiiigéfifion;



C     ASSIGNMENT OF LICENSE




3
      GLOBAL FACILITIES—BASED SERVICE
      GLOBAL FACILITIES—BASED/GLO
      GLOBAL RESALE SERVICE
O     INDIVIDUAL FACILITIES—BASED
(§)   INTERCONNECTED PRIVATE LINE
13    LIMITED GLOBAL FACILITIES—E


C     LIMITED GLOBAL F
C     LIMITED GLOBAL RESALE SERVIC
C     INMARSAT AND MOBILE SATELLITE SERVICE
O     SWITCHED RESALE SERVICE
O     TRANSFER OF CONTROL
9     SUBMARINE CABLE    LANDING LICENSE
O     INTERNATIONAL SPECIAL PROJECT




Description of Application:




                                 3 tl~


                                                                  FCC/MELLON      oct q 1998
                        HarBor ConsuLtiNc Group Inc.
                                       Recuratory CoNsULTANTS
                                                 vizg—
     k Nyh                        4312 92np Avenus NortHwEst
Mark    Nyfus                     Gig HarBor Wasnincton 98335

                                      TeLepHonE: 253.265.3910
                                       Facsimice: 253.265.3912
                                       E—Mai: Ilcgi(@nwlink.com


VIA OVERNIGHT DELIVERY

1 October 1998

Mr. William F. Caton, Secretary
Federal Communications Commission
1919 M Street, N.W., Room 222
Washington, D.C. 20554

         RE:    MKY Telecommunications USA, Inc. — Application for Section 214
                Authority

Dear Mr. Caton:

Enclosed are an original and five (5) copies of MKY Telecommunications USA, Inc.‘s
Application for Section 214 Authority, filed pursuant to Section 214 of the,.
Communications Act of 1934, as amended, 47 U.S.C. § 214 and § 63.01 et seq., of the .
Rules of the Federal Communications Commission.

A check made payable to the Federal Communications Commission in the amount of
$780.00 to cover the filing fee, an FCC Remittance Advice Form 159 and the original of
this letter have been delivered via overnight delivery to the Federal Communications
Commission c¢/o the Mellon Bank, Three Mellon Bank Center, 525 William Penn Way,
27th Floor, Room 153—2713, Pittsburgh, Pennsylvania 15259—0001, Attention: Wholesale
Lockbox Shift Supervisor.

Please acknowledge receipt of this filing by file—stamping the additional copy of the first
page of the application and returning it in the self addressed stamped envelope provided
for the purpose. Questions concerning this application may be directed to me.

Sincerely,

for Harbor Consulting Group Inc.




Mark Nflus

Enclosures
ge:    Chief, International Facilities Division
       Mr. Craig Lin


                                      BEFORE THE
                          FEDERAL COMMUNICATIONS COMMISSION
                                    WASHINGTON, D.C.

   In the Matter of                                    )
                                                       )
   MKY Telecommunications USA, Inc.                    §
                                                        )
   Application Pursuant to Section 214 of the           ) File No.
   Communications Act of 1934, as amended, for          )
   Global Authority to Acquire and Operate             .
Facilities of Authorized U.S. Carriers and to           ;
   Resell Switched and Private Line Services of         )
   AuthorizedU.S.—Carriers for the Provision of         )
   International     Service to all Permissible         )
   International Points                                 )




                      APPLICATION FOR SECTION 214 CERTIEFICATION

          MKY Telecommunications USA, Inc. ("Applicant" or "MKY Telecommunications")

   hereby requests authority, pursuant to Section 214 of the Communications Act of 1934, as

   amended, ("the Act"), 47 U.S.C. § 214 and § 63.18 et seq. of the rules and regulations of the

   Federal Communications Commission ("Commission"), to acquillg and operate facilitiesof all

   U.S. common carriers and non—common carriers previously and sub;;equently authorized by the

   Commission, including any necessary foreign connecting facilities, for the purpose of providing

   telecommunications services between the United States and all foreign points permitted by the

   Commission. Applicantfurther requests authority to resell the international switched services

   and private—line services of authorized U.S. common carriers for the provision of international

   service to all permissible international points deemed by the Commission to afford equivalent

   resale opportunities to U.S. carriers. Applicant will operate the facilities it acquires and resells
               emss

   only in accordance with_\ the Commission‘s rules and regulations applicable thereto, particularly

   §§€3.18(e)(1) and (2). )
       _/


       Pursuant to § 63.18 of the Commission‘s rules, 47 C.F.R. § 63.18, Applicant submits the

following information in support of its Application for authority:

       1.      § 63.18(a).       The name, address, telephone number and facsimile number of the

                                 Applicant are:

                                 MKY Telecommunications USA, Inc.
                                 7700 Edgewater Drive, Suite 552
                                 Oakland, California 94621

                                 Telephone:       510.635.2500
                                 Facsimile:       510.635.2601

               §63.18(b).        The Applicant was incorporated under the laws of the State of

               Catiforniaon July 8, 199             C
               § 63.18(c).       Correspondence concerning this Application should be addressed

               to:


                                 Mr. Mark Nyhus
                                 c/o Harbor Consulting Group Inc.
                                 4312 92nd Avenue Northwest
                                 Gig Harbor, Washington 98335

                                 Telephone:       253.265.3910
                                 Facsimile:       253.265.3912

                                 and

                                 Mr. Craig Lin
                                 MKY Telecommunications USA, Inc.
                                 7700 Edgewater Drive, Suite 552
                                 Oakland, California 94621

                                 Telephone:       510.635.2500
                                 Facsimile:       510.635.2601

               § 63.18(d).       The Applicant has not previously received authority under Section

               214 of the Act.


         ho      § 63.18(e)(1) through (5).          Applicant requests        authority to      operate    as   a

                 facilities—based international carrier, pursuant to Section 214 of the Act and the

                 Commission‘s Foreign Carrier Entry Order‘. The Applicant would acquire and

                 operate international facilities for the provision of international switched service

                 to those countries found by the Commission to provide equivalent resale

                 opportunities. It will operate those facilities in accordance with the terms and

                 conditions of §§ 63.18(e)(1) and 63.21 of the rules, as well as anyother applicable

                 rules and regulations of the Commission.

                 Applicant further requests authority pursuant to Section 214 of the Act to resell

                 the international switched and private line services of authorized U.S. common

                 carriers for the provision of international switched and basic private line services

                 to all permissible international points deemed by the Commission to afford

                 equivalent resale opportunities to U.S. carriers.

        6.         63.18(f).       This Application is subject to the Commission‘s streamlined

                 processing rules. The Applicant is a non—dominant carrier which qualifies for

                 non—dominant regulation pursuant to § 63.12, 47 C.F.R. § 63.12, as it is not

                 affiliated with a foreign carrier within the meaning of § 63.18(h)(1)(i) in a

                 destination market for its facilities—based or resold services as set forth below.

        t$       §63.18(g).        Not applicable.




        1        In the Matter of Market Entry and Regulation of Foreign—Affiliated Entities ("Report and Order"),
IB Docket No. 95—22, FCC 95—475, 11 FCC Red. 3873 (1995).

                                                       «3


8.        § 63.18(h)(1) and (3). By its executed certification attached hereto, Applicant

          hereby certifies that: it has no affiliation with foreign carriers, as defined in §§

          63.18(Lh)(1)(i) and (ii) of the Commission‘s Rules.

9.        § 63.18(h)(2).         Applicant‘s ownership is as follows:

                 Name:           Mr. Kuo—Ching Ko

                 Address:        7700 Edgewater Drive, Suite 552
                                 Oakland, California 94621

                 Ownership:      32.05 percent

                                 (a citizen of the Republic of China)
     ‘T\—\



                 Name:          Mr. Chun—Hsu Chen

                 Address:       7700 Edgewater Drive, Suite 552
                                Oakland, California 94621

                 Ownership:     26.05 percent

     .                          (a citizen of the Republic of China)

         \——-—“““—fi\——-fl‘m”                        _“M\\-\'umn nmommitiemsrragne..

                 Name:          Mr. Shu—Yuan Huang                                        —

                 Address:       7700 Edgewater Drive, Suite 552
                                Oakland, California 94621

                 Ownership:      12.82 percent

                                (a citizen of the Republic of China)


Name:        Mr. David Wang

Address:     7700 Edgewater Drive, Suite 552
             Oakland, California 94621

Ownership:   6.00 percent

             (a citizen of the Republic of China)
\/ff

Name:        Mr. Shyh—Hu Kow

Address:     7700 Edgewater Drive, Suite 552
             Oakland, California 94621

Ownership:   5.13 percent

             (a citizen of the Wl_c_gj_Qh_ma)_*/_»—w


Name:        Mr. Shen—Chang Lin

Address:     7700 Edgewater Drive, Suite 552
             Oakland, California 94621

Ownership:   5.00 percent

             (a citizen of the Republic of China)
\/’/_/\
Name:        Mr. Kai—Shi Lee

Address:     7700 Edgewater Drive, Suite 552
             QOakland, California 94621

Ownership:   3.85 percent

             (a citizen of the Republic of China)

en


               Name:          Mr. Shaw—Tong Chiang

               Address:       7700 Edgewater Drive, Suite 552
                              Oakland, California 94621

               Ownership:         2.56 percent
\                             C
  j                                                   p
                                  a citizen of the Republic of /)/
                                                               China es
                                            pepcacagarccommaimins   ionitaiet


10.   § 6\3\1 8(1).    “Apflfifi?fif&flé?%Mfi% tha"trit has not accepted, nor will it agree

      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 any

      foreign country which Applicant may serve under the authority granted pursuant

      to this Application.

11.   § 63.18(J).      Pursuant to 47 C.F.R. §§ 1.2001 through 1.2003, by certification

      attached hereto, Applicant certifies that no party to the Application is subject to

      denial of federal beneffits pursuant to Section 5301 of the Anti—Drug Abuse Act on

      1988, 21 U.S.C. § 853a.

12.   Applicant will comply with the accuracy requirements ofthis section if authorized

      to provide international communications service.

13.   As demonstrated herein, Applicant is legally and technically qualified to provide

      the services for which it requests authority.                         For the reasons stated above,

      Applicant_submits that the public interest, convenience and necessity would be

      furthered by a grant of this Section 214 Application.


        WHEREFORE, MKY Telecommunications USA, Inc. respectfully requests that the

Commission issue the requested Section 214 authorization for the purpose of providing global

facilities—based telecommunications services and resold international switched and private—line

services of authorized U.S. common carriers for the provision of international service to all

permissible international points deemed by the Commission to afford equivalent resale

opportunities to U.S. carriers.




       Respectfully submitted, this 27. day of SGenHAt_, 1998.


                                     MKY Telecommunications USA, Inc.

                                     By:   V/f/y@‘p p
                                           Craig/Lin
                                           Vice President of Operations
                                           7700 Edgewater Drive, Suite 552
                                           Oakland, California 94621

                                           Telephone:     510.635.2500
                                           Facsimile:      510.635.2601




Harbor Consulting Group Inc.
4312 92nd Avenue Northwest
Gig Harbor, Washington 98335

Telephone:     253.265.3910
Facsimile:     253.265.3912

Applicant‘s Regulatory Consultants


                             CERTIFICATION OF APPLICANT


       I hereby certify that the statements in the foregoing Application for Secti(              —authority

are true, complete and correct to the best of my knowledge, information and beli                 . are made

in good faith.      I hereby certify that MKY Telecommunications USA                             . ("MKY

Telecommunications") is not affiliated with any foreign carrier and is not aff                    with any

facilities—based carrier whose services MKY Telecommunications intends to t                        I hereby

certify that MKY Telecommunications will not accept special concessions direc                     indirectly

from any foreign carrier or administration with respect to traffic or revenue fic                tween the

U.S. and any foreign country which MKY Telecommunications may serve unc                           authority

granted under this part. I also hereby certify that no party to the foregoing Appli               is subject

to denial of federal benefits pursuant to Section 5301 of the Anti—Drug Abuse .                  1 1988, 21

U.S.C. § $532.


                        A
       Dated this TC" day of SDeptember, 1998.
                                             MKY Telecommunications USA, In
                                                              (
                                             By:      4‘“@@)
                                                     Craig LiA
                                                     Vice President of Operations
                                                     7700 Edgewater Drive, Suite 552
                                                     Oakland, California 94621


Subscribed and sworn to before metins 20°_ day of D           eptemb or, 1998.

            h. Harvz
Notary Public in and for the State of California
                                                                           NINA M. RATTO
                                                                  C      COMM. #1128229 se
                                                                  245 NOTARY PUBLIC — CALIFORNIA ~J
                                                                          ALAMEDA COUNTY
                                                                     My Comm. Expires MARCH 11. 2001



Document Created: 2019-04-20 23:42:11
Document Modified: 2019-04-20 23:42:11

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