Attachment 20170117091915-803.p

20170117091915-803.p

SUPPLEMENT

Supplement

1998-10-05

This document pretains to ITC-214-19981005-00681 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998100500681_1395896

Streamlined ITC-21 4-19981005-00681 SINGAPORE TELECOM USA, INC. Categori9s--ofSrvices for 214 Applications (Streatn1iie/Non-stream1jne) ASSIGNMENT OF LICENSE GLOBAL FACILITIES-BASED SERVICE GLOBAL FACILITIES-BASED/GLOBAL RESALE SERVICE LI GLOBAL RESALE SERVICE INDIVIDUAL FACILITIES-BASED SERVICE INTERCONNECTED PRIVATE LINE RESALE SERVICE LIMITED GLOBAL FACILITIES-BASED SERVICE/LIMITED GLOBAL RESALE SERVICE LI LIMITED GLOBAL FACILITIES-BASED SERVICE LI LIMITED GLOBAL RESALE SERVICE [11 INMARSAT AND MOBILE SATELLITE SERVICE LI SWITCHED RESALE SERVICE LI TRANSFER OF CONTROL LI SUBMARINE CABLE LANDING LICENSE LI INTERNATIONAL SPECIAL PROJECT Description of Application:

KELLEY DRYE & WARREN LLP AL ASSOCIATIONS A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSION 1200 19TH STREET, N.W. SUITE 500 FACSIMILE NEW YORK, N.Y. 1202> 955-9792 LOS ANGELES. CA . WASHINGTON, D.C. 2003€ MIAMI. FL. CHICAGO, IL. 1202) 955-9600 STAMFORD. CT. WRITER'S DIRECT LINE PARSIPPANY, N.J. (202) 955-9786 BRUSSELS, BELGIUM WRITER'S E-MAIL HONG KONG Jgriffin keII eydrye.com AFFILIATED OFFICES October 5, 1998 NEW DELHI, INDIA TOKYO. JAPAN Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5 115 Attn: Diane J. Cornell, Chief Re: Application of Singapore Telecom USA, Inc. for Authority Pursuant to as a Section 214 of the Communications Act of 1934, as Amended, to Operate Facilities-Based Carrier and as a Resale Carrier for the Provision of Sri International Switched and Private Line Services to Australia, Thailand, Lanka, Hong Kong, the United Kingdom, and the Philippines Dear Sir or Madam: l and Singapore Telecom USA, Inc., by its attorneys, hereby submits for filing an origina filing and a five (5) copies of its above-captioned application. Enclosed is a duplicate of this the envelope return envelope. Please date-stamp the duplicate upon receipt and return it in fee. provided. Also enclosed is a check in the amount of $780.00 for the filing have any Please do not hesitate to call me at the above-referenced number if you should questions regarding this matter. Sincerely, n M. Grirrin Senior Counsel Enclosures DCOI/GRIFJ/62498.1

READ INSTRUCTIONS CAREFULLY APPROVED BY 0MB 3O63 BEFORE PROCEEDING FEDERAL COMMTJNICATIONS COMMISSION ____________________________ REMITTANCE ADVICE FCC USEONLY. 1 Of 1 3O PAGENO (1)LOCXBOX# '°---'--' SECTION A - PAYER INFORMATION 2) PAYER NAME(B p..yirg by cr.dit Cord. ,nt*r floflro .CoCUyO* It ppoorn On yOOV Cord) (3) TOTAL AMOUNT PAID (dolor. nod c.ntO) Kelley Drye & Warren LLP 780.00 4) STREET AGORESS LINE NO.1 1200 19th Street , NW 5) STREET ADDRESS LINE NO.2 : ) (il'1 Suite 500 1) cITY (1) STATE (I) SP CODE Washington, DC 20036 9) DAYTIME TELEPHONE NUMBER (brclud. or.. cede) (IS) COUNTRY COCE (B not In U.S&) 202-955-9600 IF PAYER NAME AND THE APPLICANT ME ARE DIFFERENT, COMPLETESECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159-C) SECTION B - APPLICANT INFORMATION - 11) APPLICANT NAME(4 paying by credl cord, .nt.r n.m. .noctly as B app..r. on yonr cord) Singapore Telecom USA, Inc. 12) STREET AQORESS LINE NO.1 777 South Figueroa Street 13) STREET AODRESS LINE NO.3 27th Floor 14)CTTY (15)STATE (It)ZIPCOOE Los Angeles California 90017 IT) DAYTIME TELEPHONE NUMBER (Inclnd. or.. cod.) (13) COUNTRY CODE (B not In USA) COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUAT1O SHEETS (FORM 159.C) SECTION C - PAYMENT INFORMATION 9A) FCC CALL SIGNIOTHER ID (20A( PAYMENT TYPE CODE (PTC) (21A) QUANTiTY (22A) FEE DUE FOR (FTC) IN BLOCK 20A jI1CC US ONLY : C U T 378000 23A) FCC CODE 1 24A) FCC CODE 2 ISB)FCCCALLS1GNIOTHERID (20B)PAYMENTTYPECODE(PTC) (21B)QUANTIiY (228(FEEDUEFOR(PTC)INBLOCKZOB CCUSEONLY 23B) FCC CODE 1 1248) FCC CODE 2 IEC) FCC CALL S1ON1OTHER ID TIC) FCC CODE 1 I hOC) PAYMENT TYPE CODE (PTC) I I I I (TIC) QUANTITY (22C) FEE DUE FOR (FTC) IN BLOCK 20C 24C) FCC CODE 2 I: FCC 1.138 ONLY (220) FEE DUE FOR (PTC) IN BLOCK 200 FCC 038 ONLY I (20D) PAYMENT TYPE CODE (FTC) (210) QUANTITY 1 lID) FCC CALl. SIGNIOThER ID 230) FCC CODE I I I I I 24D) FCC CODE 2 SECTION 1NFORMATtONy(REQUIRED) 25) 26) COMPLETE ThIS BLOCK ONLY IF APPLICANT NAME IN B-li IS DIFFERENT FROM PAYER NAME IN A-2) PAYER TIN I 01 1 3 I 'I f 0 SECTION E - CERTIFICATION IAPPLICANT TIN I 01 I I I 21) CERTIFICATION STATEMENT I, Joan M. Griffin -, Certify under penalty of perjury that the foregoing and supporting information PRINT NAME) are true and correct to the best of my knowledge, infomation and belief. SIGNATURE _( SECTION F- CREDIT CARD PAYMENT INFORMATION MASTERCARDNISAACCOUNT NUMBE: EXPIRATION DATE 2$) USTERDIIIIIIfII fIlIIIII 11111 MONTH YEAR DATE TI IAUThORIZE0 SIGNATURE VISA I hereby .othorhz. lii. FCC I. chorge nry VISA or MASTERCARD her.IndeocrIb.d. SEE PUBLIC BURDE

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of SINGAPORE TELECOM USA, INC. Application for Authority Under Section 214 of the Communications Docket No. Act of 1934, as Amended, to Operate as a Facilities-Based Carrier and as a Resale Carrier for the Provision of International Switched and Private Line Services to Australia, Thailand, Sri Lanka, Hong Kong, the United Kingdom, and the Philippines APPLICATION Singapore Telecom USA, Inc. ("SingTel USA" or "Applicant"), by its attorneys and pursuant to Section 214 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. § 214, hereby requests authority: • Pursuant to Section 63. 18(e)(6) of the Commission's Rules, to acquire interests in facilities previously authorized by the Commission in order to provide international basic switched, private line, data, television, and business services to Australia, Thailand, Sri Lanka, Hong Kong, the United Kingdom, and the Philippines (the "Destinationtountries"); and - • Pursuant to Section 63. 18(e)(6) of the Commission's Rules, to resell the international services of authorized U.S. common carriers for the provision of international basic switched, private line, data, television, and business services to the Destination Countries.1 1 With respect to the provision of switched services over private lines, SingTel USA seeks authority in this Application to provide such services only to those particular 1qcations. specifically approved by the Commission for the provision of such services

SingTel USA requests that the Commission classify SingTel USA as a nondominant carrier in its provision of service to the Destination Countries and that it process this Application in accordance with its streamlined processing procedures. WliJSingTel USA is affiliated with foreign carriers in each of the Destination Countries, none of these carriers have sufficient market power on the foreign end of the route to adversely affect competition in the -JJ-S--market Indeed, none of these carriers have 50 prcent market share in the international transport and local access markets on the foreign end of the route. Furthermore, SingTel USA is not affiliated with any dominant U.S. carrier whose services SingTel USA plans to resell. Thus, pursuant to Section 63. 10(a)Gf the Commission's Rules, SingTel USA should be classified as a nondominant carrier in its provision of international service to the Destination Countries, and this Application is entitled to streamlined processing under Section 63.12 of the Commission's Rules. Pursuant to Section 63.18 of the Commission's Rules, SingTel USA sets forth the following information in support of this Application: (a) The name, address, and telephone number of the Applicant is: Singapore Telecom USA, Inc. 777 South Figueroa Street 27th Floor Los Angeles, CA 90017 (b) SingTel USA is a corporation organized under the laws of the State of California. (c) Correspondence concerning this Application should be sent to: Jung Hui Tan Singapore Telecom USA, Inc. 320 Post Road West, Suite 100 Westport, CT 06880 (203) 454-6814 2 DCO1/GRIFJJ6O71O.1

with copies to: Robert J. Aamoth Joan M. Griffm Kelley Drye & Warren, LLP 1200 19th Street, NW Washington, DC 20036 (202) 955-9600 (d) SingTel USA has not previously received Section 214 authority from the Commission. An application for Section 214 authority to provide facilities-based and resale services pursuant to Sections 63.1 8(e)(1) and 63.1 8(e)(2) of the Commission's Rules to all countries except Singapore and the Destination Countries is being filed concurrent with the submission of this Application. (e) Singlel USA seeks authority, pursuant to Section 63. 18(e)(6) of the Commission's Rules, to acquire interests in facilities previously authorized by the Commission in order to provide international basic switched, private line, data, television, and business services to the Destination Countries, and to resell the international services of authorized U.S. common carriers for the provision of international basic switched, private line, data, television, and business services to the Destination Countries. (f) No response required. (g) SingTel USA will use previously authorized facilities to provide its facilities-based services and thus this Application is categorically excluded from environmental assessment pursuant to Section 1.1306 of the Commission's Rules. (h) (1) As evidenced by the certification provided in Attachment 1, SingTel USA is affiliated with foreign carriers in the countries listed in Attachment 1. (2) SingTel USA is wholly-owned subsidiary of Singapore Telecommunications Limited ("SingTel"), a corporation organized under the laws of Singapore.2 The principal business of SingTel is the provision of local, intercity, and international communications services in Singapore. Temasek Holdings (Private) Limited ("Temasek") holds an approximately 80 percent ownership interest in SingTel.3 Temasek is wholly-owned by the Minister for Finance (Incorporated) in Singapore; it is an investment holding company with diverse interests in a wide spectrum of industries including media, fmancial services, transportation, ship 2 The address of SingTel is 31 Exeter Road, Comcentre, Singapore 239732. The address of Temasek is 8 Shenton Way, #38-03, Temasek Tower, Singapore 068811. 3 DCO1/GRIFJ/60710. 1

repair and engineering, properties, hotels property management and consultancy, construction,- leisure and recreation.4. No other stockhoider holds 10-percent or more of the stock of SingTel. There are no interlocking directorates with any other U.S. carriers. (3) As evidenced by the certification provided in Attachment 1, SingTel USA has no affiliation with any U. S. carrier whose facilities-based services SingTel USA may resell. - t7 V ' (4" Nn resnnnse reclllWed \.,-,----- ---1---- r,ricr f\ TT A fF1afiA ,it1iiii ef fl-Ill i-- J) Lfl1 S L#1 ..JL)tX p,'tinn ( 1 R(1iVivi\m' x,ith 10 aLiJJAUI%.,..a VT JLI1 L.LJ'..# .LAWLL1LflI5 IJ %J%# I.J'.JAS ..F..J. SJ\SS/\S/\LJS#J yyi.aa foreign carriers m Sri Lanka, R9ng Kong,the U K , and Thailand All of these countries are Members- oTthe World Trade Organization ("WTO") (6) See response to Item (h)(5). (7) See response to Section 63.1 8(h)(8) below for a showing that satisfies Section 63. 10(a)(3) of the Commission's Rules. (8) SingTel USA requests nondominant treatment in its provision of service to each of the Destination Countries. As shown below, SingTel USA is entitled a presumption on nondominant treatment under Section 63. 10(a)(3) of the Commission's Rules on each of these routes: Australia: SingTel USA's affiliate in Australia, AAPT Limited (formerly known as AAP Telecommunications Pty Ltd) ("AAPT"), provides domestic and international long distance voice and data services in that country. AAPT ' s share of the international transport and local access market is less than 10 percent. Telestra is the dominant provider of domestic and internatio1 telecommunications services in Australia. The Philippines: GMCR, Inc. is SingTel USA's affiliate in the Philippines. c GMCR provides international and fixed line telecommunications services as well as cellular mobile telephone services in the Philippines; its market share of the international transport and local access markets is less than 1Opcent. The dominant provider of telecommunications services inUiePhThppines is Philippines Long Distance Telephone Company. To the best of SingTel USA's knowledge and belief, Temasek holds ownership interests in other telecommunications companies in Singapore which are competitors of SingTel and which hold certain licenses to provide mobile cellular telephone and radio paging services in Singapore. However, SingTel is uncertain as to whether Temasek holds ownership interests in telecommunications companies in other countries. -4- DCO1/GRIFJ/60710. 1

Sri Lanka: In Sri Lanka, SingTel USA's affiliate is Lanka Communications Services (Private) Limited ("Lankacom"), a provider of data communications services (including private line and VSAT services). Lankacom's share the relevant market is approximately 5 percent. Sri Lanka Telecom is the dominant provider of telecommunications servicé in Sri Lanka. Thailand: Shinawatra Datacom Company Limited ("Shinawatra"), SingTel USA's afflliate in Thailand, provides data communications services such as private line services and frame relay. The market share of Shinawatrais approximateiy 11) percent The dominant providers of te1ecohthürncations servicesIn Thailand are the Telecommunications Organization of Thailand ("TOT") and the Communications Authority of Thailand ("CAT"). Hong Kong: In Hong Kong, SingTel USA's affiliate is Singaporeielecom Hong Kong Limited ("SingTel HK"). SingTel HK holds Public Non-Exclusie Telecommunications Services ("PNETS") Licenses to provide international value- added network services and virtual private network services. All services are provided on a resale basis, because Hong Kong Telecom isjheon1ycarrir currently authorizedio provideint tionaLfacilities in Hong Kong. SingTel HK estimates that its share of the relevant mternational mket is less than 0001 % United Kingdom: In the U.K., SingTel (Europe) Limited is SingTel USA's affiliate. SiiiigTel (Europe) Limited holds international facilities and international voice simple resale licenses m the U K SmgTel (Europe) Liniited has not yet commenced the provision of service to end user customers (i) As evidenced by the certification provided in Attachment 1, SingTel USA has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to 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 and will not enter into such agreements in the future. (j) As evidenced by the certification provided in Attachment 1, no party to this Application is subject to a denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. (k) SingTel USA requests streamlined processing pursuant to Section 63.12 of the Conmiission' s Rules. This Application is eligible for streamlined processing because SingTel USA qualifies for a presumption of non-dominant treatment under Section 63. 10(a)(3) of the Commission's Rules (as demonstrated by SingTel USA's response to Section 63.1 8(h)(8) above) in its provision of service to each Of the Destination Countries. In addition, SingTel USA is not affiliated with a dominant U.S. carrier whose international services SingTel USA seeks authority to resell. Finally, SingTel USA does not request authority in this Application to provide switched services over private lines to countries not previously authorized for this service. -5- DCOi/GRIFJ/60710.i -

For these reasons, SingTel USA requests that the Commission grant this Application. Respectfully Submitted, SINGAPORE TELECOM USA, INC. By: Aamoth Joan M. Griffm KELLEY DRYE & WARREN LLP 1200-19th Street, N.W. Suite 500 Washington, D.C. 20036 (202) 955-9600 Its Attorneys Date: _________ Pursuant to Section 1.743(b) of the Commission's Rules, this Application is signed by SingTel USA's counsel on its behalf as all SingTel USA representatives that are authorized to sign the Application are absent from the U.S. -6 DCO1/GRIFJ/60710. 1

ATTACHMENT 1 CERTIFICATE The undersigned hereby certifies, on behalf of Singapore Telecom USA, Inc. ("SingTel USA ") with respect to the foregoing application for authority to provide international service, that: 1. SingTel USA is not affiliated (as that term is defined in Section 63. 18(h)(1) of the Commission's Rules) with any U.S. carrier whose facilities-based service SingTel USA may resell. 2. SingTel USA is affiliated with foreign carriers (as those terms are defined in Section 63. 18(h)(1) of the Commission's Rules) in the countries listed in Annex A to this Certificate. 3. SingTel USA has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to 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 and will not enter into such agreements in the future. 4. No party to this application is subject to a denial for Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 853(a). By: Rdbth J. Aamoth1 Joan M. Griffin KELLEY DRYE & WARREN LLP 1200-19th Street, N.W., Suite 500 Washington, D.C. 20036 (202) 955-9600 Its Attorneys Date: Pursuant to Section 1.743(b) of the Commission's Rules, this Application is signed by SingTel USA's counsel on its behalf as all SingTel USA representatives that are authorized to sign the Application are absent from the U.S. DCO1/GRIFJI6O71O. 1

COUNTRIES IN WHICH SINGAPORE TELECOM USA HAS A FOREIGN AFFILIATE Singapore Thailand Sri Lanka Philippines Australia The United Kingdom Hong Kong DCO1/GRIFJ/60710. 1


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