Attachment 20170117110038-457.p

20170117110038-457.p

SUPPLEMENT

Supplement

1998-10-08

This document pretains to ITC-214-19981008-00685 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998100800685_1395919

Streamlined ITC-21 4-1 9981 Q08-QOfjBS PATHFINDER TELECOM INTER!ATIONAL LTD. Categories of Services for 214 Applications (Streamline/Non- streamline) LI ASSIGNMENT OF LICENSE LI GLOBAL FACILITIES-BASED SERVICE GLOBAL FACILITIES-BASED/GLOBAL RESALE SERVICE LI GLOBAL RESALE SERVICE LI INDIVIDUAL FACILITIES-BASED SERVICE LI INTERCONIECTED PRIVATE LINE RESALE SERVICE LI LIMITED GLOBAL FACILITIES-BASED SERVICE/LIMITED GLOBAL RESALE SERVICE LI LIMITED GLOBAL FACILITIES-BASED SERVICE LI LIMITED GLOBAL RESALE SERVICE LI 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: _____________________________

READ INSTRUCTIONS CAREFULLY APPROVED BY 0MB 3060-0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION SPECIALUSE REMITTANCE ADVICE 358115 PAGE NO 1 OF 1 FCUSEONLV (1)LOCKBOX# __________________________ SECTION A- PAYER INFORMATION 2) PAYER NAME(if paying by C,edIt cerd, enter neon. .oactly an s.ppo on yonor card) (3) TOTAL AMOUNT PAID )dolleon and cents) Mark R . Holofcener/Nancy E . Holofcener $ 780 . 00 4) STREET ADDRESS LINE NO. I c/o Swidler Berlin Shereff Friedman, Attn: Rachel Flam, Esg. 5) STREET ADDRESS LINE NO. 2 3000 K Street, NW, Suite 300 6) CITY (7) STATE (I ZIP CODE Washington DC 20007-5116 (9) DAYTIME TELEPHONE NUMBER (Inclode area code) 115) COUNTRY CODE (it not n U.S.A.) (202) 424-7500 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159-C) SECTION B - APPLICANT INFORMATION (11) APPLICANT NAMEOI payrng by credtl card, enter name erectly ant eppoars on yoor card) Pathfinder Telecom International, Ltd. 12) STREET ADDRESS UNE NO. I 4th Floor, 61-62 Berners Street 13) STREET ADDRESS UNE NO. 2 14) CITY (15) STATE (16) ZIP CODE London England W1P3AE .1) DAYTIME TELEPHONE NUMBER (Inclode area code) (16) COUNTRY CODE (Snot to U.S.A.) 011-44-870-607-1036 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159-C) SECTION C - PAYMENT INFORMATION rSA) FCC CALL SIGN/OTHER ID (20A( PAYMENT TYPE CODE (FTC) ZTAI QUANTITV .ZZA) FEE DUE FOR IPIC) IN BLOCK 20A FCC USE ONLY 23A) FCC CODE 1 u TI I i $ 124A) FCC CODE 2 780.00 I (lOB) FCC CALL SIGN/OTHER ID (208) PAYMENT TYPE CODE (FTC) )2t6) )IUAIdTITY U2B) FEE DUE FOR )PlCI IN BLOCK 2DB I I FCC USE ONLY /230) FCC CODE 1 I I i i [24B) FCC CODE 2 19C) FCC CALL SIGN/OTHER ID )20C) PAYMENT TYPE CODE (PTC) )ZTEI QUANTITY )22C) FEE DEE FOR IPTCI IN BLOCK 20C FCC USE ONLY )23C) FCC CODE 1 I I I I I $ [24C) FCC CODE 2 I (190) FCC CALL SIGN/OTHER ID 1200) PAYMENT TYPE CODE (PTC) /216) QUANTITY i220) FEE DUE FOR )PTCI IN BLOCK 200 FCC USE ONLY 230) FCC CODE 1 I_I_I_I [240) FCC CODE 2 I SECTION _ D - TAXPAYER INFORMATION (REQUIRED) DC) COIN/LETE TRIO_81006_UNIV IC APPLICANT MAlCÉ Ill 8-rr_ IS 5)FFERN FROM PAVER NAME IN 0.2) (25) PAYER TIN - •••• - - - SECTION E - CERTIFICATION APPLICANT TIN [•• I - - (21) CERTIFICATION STATEMENT Rachel F lam, Esg. . Certify under penalty of (PRINT NAME) are true and correct to the best of my knowledge, infomation and belief. SIGNATURE / SECTION F - CREDIT CARD PAYMENT INFpMATION 20) MASTERCARDNISA ACCOUNT FI)MR) EXPINATION DATE) STERCARDHHHHHH HIH MONTH YEAR AUTHORIZED SIGNATURE DATE VISA I MerRy ..a2o&. tier FCC N ring. n,y VISOr MASTERCARD leo IA. ondeHnpeoal.e,la.Mfl.o(SI hera, denfirbeA SEE PUBUC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP WASHINGTON OFFICE NEW YORK OFFICE 3000 K STREET, NW SUITE 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 October 8, 1998 FACSIMILE (212) 758-9526 VIA COURIER Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5115 Attention: Troy Tasmer, Chief, Policy and Facilities Branch, International Bureau Re: Application of Pathfinder Telecom International Ltd., for Global Authority Pursuant to Section 214 of the Communications Act of 1934, As Amended, to Operate as an International Facilities-based Carrier and as an International Resale Carrier Dear Sir or Madam: Enclosed for filing with the Commission are an original and six (6) copies of the application of Pathfinder Telecom International Ltd. requesting global authority to operate as an international facilities- based carrier and as an international resale carrier between the United States and various international points pursuant to Section 214 of the Communications Act of 1934, as amended. As required by the Commission's Rules, a check in the amount of $780.00 is enclosed. Please date-stamp the extra copy of this application and return it in the enclosed self-addressed, stamped envelope. Any questions regarding the enclosed application should be addressed to the undersigned. Counsel for Pathfinder Telecom International Ltd. Enclosures cc: Donald McQueen 254479.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) ) PATHFINDER TELECOM ) INTERNATIONAL LTD. ) File No. I-T-C-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 ) APPLICATION Pathfinder Telecom International Ltd. ("Pathfinder" or "Applicant"), by its undersigned counsel, hereby requests "global" authority, under Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214 (1982), and Section 63.18 of the Commission's Rules, 47 C.F.R. § 63.18 (1997), to provide international telecommunications services between the United States and various international points. Pursuant to Section 63.12, of the Commission's Rules, 47 C.F.R. § 63.12 (1997), this Application is eligible for streamlined processing.

I. The Proposed International Services Pathfinder requests four types of authority in this Application, all of which are eligible for streamlined processing.1' Pathfinder specifically requests: (1) global facilities-based authority pursuant to Section 63.18(e)(l) of the FCC's Rules, 47 C.F.R. § 63.18(e)(l), to acquire ownership interests in U.S.-authorized facilities as well as necessary ,pohnecting 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 Commission's Rules, 47 C.F.R. § 63.18(e)(2), to resell international switched services of all unaffihiated U.S.-authorized carriers to provide international switched services between the 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 international non-interconnected private line services between the United States and all international points; and (4) authority pursuant to Sectio eX2ofthe FCC's Rules, 47 C.F.R. § 63.18(e)(2), to resell international private lines interconnected to the public switched network ("PSN") at one or both ends to provide international switched services on all See Streamlining the International 214 Authorization Process and TarffRequirements, TB Docket No.95-118, FCC 96-79 (released March 13, 1996) (adopting streamlined 35-day processing procedures for certain international resale applications) ("Streamlining 0rder"; 47 C.F.R. § 63.12 (1997); Rules and Policies of Foreign Market Participation in the U.S. Telecommunications Market, lB Docket 97-142, Report and Order on Reconsideration, FCC 97-398 (rel. Nov. 26, 1997) ("Foreign Market Participation Order"). 2/ Pathfinder only seeks authority to own circuits or facilities not excluded by the Exclusion List. 2

international routes on which the Commission permits such services to be provided)-' As Pathfinder does not seek authority to serve any country or use facilities excluded by the Exclusion List, and does not seek to serve any country in which it has an affiliate with market power, Pathfinder's Application for authority pursuant to Section 214 is eligible for streamlined processing)-' Pathfinder 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 Pathfinder is a corporation organized under the laws of England. Pathfinder's headquarters are located at 4th Floor Berners Street, London, England WIP3AE. Pathfinder is not affiliated, as that term is defined by Part 63 of the Commission's Rules,' with any U.S. carriers whose facilities-based services Pathfinder will resel1. Pathfinder is affiliated with foreign carriers within the meaning of Section 63.18(h)(1)(i), 47 C.F.R. § 63.18(h)(1)(i), in N The FCC will automatically amend all section 214 authorizations to permit carriers to resell international switched services between the United States and other countries as provision of such services becomes permitted by the Commission. See Streamlining Order ¶ 34. See also International Settlement Rates, lB Docket 96-261, Report and Order, FCC 97-280 (rel. Aug. 18, 1997) ("Benchmarks Order"); Foreign Market Participation Order. See Streamlining Order; 47 C.F.R. § 63.12 (1997). 47 C. F. R. §63.18(h); Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order, 11 FCC Rcd 3875 (1995)("Market Entry Order"). 6/ Pathfinder is affiliated with the U.S. carriers Interoute Telecom Inc. and ATI Telecom, Inc. 3

Denmark, France, Germany, Israel, the Netherlands, Portugal, Spain, Switzerland and the United Kingdom, all of which countries are WTO membrccuntries. Moreover, as relatively new entrants, Ine of Pathfinder's foreign affiliates holds signiflcant market share in any destination country covered by this Application. Pathfmder should, therefore, be classified as nondomina3arrier for the provision of the services for which authority is requested in this Application, and Pathfinder's Application deemed 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 in the U.S. telecommunications market, particularly the market for international telecommunications services; to prevent anticompetitive conduct in the provision of international services or facilities; and to encourage foreign governments to open their communications markets.2' 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." 7' See Market Entry Order at ¶ 6. 8/ Id. 9/ Id. at ¶ 10. 4

Grant of Pathfinder's request for facilities-based and resale authority to provide international services as requested in this Application will directly further the Commission's policies of bringing increased competition to the U.S. international telecommunications 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, Pathfinder submits the following information: (a) Name, address, and telephone number of Applicant: Pathfinder Telecom International Ltd. 4th Floor, 6 1-62 Berners Street London, England W1P3AE 011-44-870-607-1036 (Tel.) 011-44-870-607-1037 (Fax) Pathfinder's registered agent is: Mark R. Holofcener 162 Riverbend Drive Groton, MA 01450 (978) 449-0270 (Tel.) (978) 448-8998 (Fax) (b) Pathfinder is a corporation organized under the laws of England. (c) Correspondence concerning this Application should be sent to: Dana Frix, Esq. Rachel D. Flam, Esq. Swidler Berlin Shereff Friedman, LLP 3000 K Street, NW, Suite 300 Washington, D.C. 20007 (202) 424-7790 (Tel.) (202) 424-7645 (Fax) 5

with a copy to: Donald McQueen Managing Director Pathfinder Telecom International Ltd. 4th Floor, 61-62 Berners Street London, England W1P3AE 011-44-870-607-1036 (Tel.) 011-44-870-607-1037 (Fax) (d) Pathfinder has not previously received authority under Section 214 of the Act. Upon grant of this application, Pathfinder 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. Pathfinder lacks the market power that would allow it to control prices to the detriment of market competition. (e) Pathfinder requests Section 214 authority to operate as a facilities-based carrier pursuant to the terms and conditions of Section 63.1 8(e)(1) and to operate as a resale carrier pursuant to the terms and conditions of Section 63.1 8(e)(2). Specifically, Pathfinder 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 ownership interests 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;.iW (2) global authority pursuant to Section 63. 18(e)(2) of the Commission's Rules, 47 C.F.R. § 63.18(e)(2), to resell international switched services of all unaffiliated U.S.-authorized carriers to provide international switched services between the United States and all international points served by those carriers; (3) global authority pursuant to Section 63.1 8(e)(2) of the FCC' s rules, 47 C.F.R. §63.1 8(e)(2), to resell international private lines to provide international non-interconnected private line services between the United States and all international points; and (4) authority pursuant Section 63.18(e)(2) of the FCC's Rules, 47 C.F.R. § 63.18(e)(2), to resell international private lines interconnected to the public switched network ("PSN") at one or both ends to provide international switched services on all international routes on which the Commission permits such services to be provided.11' Pathfinder only seeks authority to own circuits on facilities not excluded by the Exclusion List. 11/ See Streamlining Order ¶ 17. The Foreign Participation Order eliminates the equivalent (continued...) 6

(f) Pathfinder seeks authority to provide only services referenced under paragraph (e) of Section 63.18 of the Commission's Rules. (g) The authority requested in this Application is categorically excluded from environmental processing as defined by Section 1.306 of the Commission's Rules, 47 C.F.R. § 1.1306. As such, an environmental assessment is not required for purposes of this Application and is therefore not attached. (h) Pathfinder certifies that it is not affiliated with any U.S. carriers whose facilities- based services it proposes to resell.ia' Pathfinder is affiliated with entities that are foreign carriers under Section 63.l8(h)(l)(i) of the Commission's Rules, 47 C.F.R. § 63.18(h)(l)(i), in the following countries: • Denmark: Interoute Danmark AS • France: Interoute Communications France SARL • Germany: Interoute Telecom Deutschland GmbH • Israel: Shalom Telecom • Netherlands: Interoute Netherlands BV • Portugal: Geolink SA • Spain: Viacom • Switzerland: Interoute SA • United Kingdom: Pathfinder Telecom Ltd. • United Kingdom: Interoute Telecommunication PLC All of Pathfinder's foreign affiliateare from WTO member countries. Moreover, as relatively new entrants, none holds igiiificant market share in any destination country covered by this AppIicatiOi. continued) resale opportunities test for World Trade Organization ("WTO") member country routes. Foreign Participation in the U. S. Telecommunications Market, lB 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. 47 C.F.R. §63.18(h). Pathfinder is affiliated with the U.S.. carriers Interoute Telecom Inc. and ATI Telecom, Inc. 7

The following entities hold a ten percent (10%) or greater, direct or indirect, ownership interest in the Applicant, Pathfinder: Name: Sean Murray Address 11 Partridge Green New Milton, BH25 5RS United Kingdom Tplephone: 011-44-1425-622010 itizenship: jnited Kingdom Principal Business: Telecommunications Name: Pathfinder Telecom Holdings Limited Address Stanley House, Lord Street Douglas, Isle of Man IM1 2BF Telephone: 44-1624-614984 Citizenship: Isle of Man Principal Business: Investment The following entities hold a ten percent (10%) or greater, direct or indirect, ownership interest in Pathfinder Telecom Holdings Limited: Name: Interoute Communications Group Limited Address Kings House, The Grange St Peter Port, Guernsey GY1 2QJ Telephone: 44-1481-724016 Citizenship: Bahamas Principal Business: Investment_- Name: Pathfinder Investments Limited Address Stanley House, Lord Street Douglas Isle of Man IM1 2BF Telephone: 01 1-44-1624-6 14984 Citizenship: Isle of Man Principal Business: Investment Tfiëfoliówing entities hold a ten percent (10%) or greater, direct or indirect, ownership interest in Interoute Communications Group Limited: Name: Sandoz Family Foundation Address do Sitco (Suisse) SA 19 Rue de la Croix 8

Geneva, Switzerland Telephone: None Citizenship: Switzerland Principal Business: Investment The following entities hold a ten percent (10%) or greater, direct or indirect, ownership interest in Pathfinder Investments Limited: Name: Verite Trust Company Limited Address P.O. Box 36 Wellington House, Union Street St. Helier, Jersey Telephone: 44-1534-26665 Citizenship: Jersey Principal Business: Investment Name: Simon Adams Address 86 Palmerston Crescent London N 13 4NH UK Telephone: '44-181-881-5654 Citizenship: United Kingdom Principal Business: Telecommunications Name: Stichting Hora Feliz Address Jan Sofat 127 uracao, Netherlands Antilles Telephone: 599-9-7672 190 Citizenship: Netherlands Antilles Principal Business: Investment Pathfinder has no interlocking directorates to report. (i) As required by Section 63.18(i) of the Commission's Rules, 47 C.F.R. § 63.18(i), Pathfinder 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 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. (j) Pathfinder is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. Pathfinder's certification pursuant to Section 9

1.2002 of the Commission's Rules (implementing the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 3301) is attached. (k) Pathfinder requests streamlined processing of this application. Pathfinder is not affiliated with any U.S. carriers whose facilities-based services it proposes to resell; nor is Pathfinder affiliated with any foreign carriers with market power. Pathfinder's application, therefore, qualifies for streamlined processing. 10

CONCLUSION For the reasons stated above, Pathfinder respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, PATHFINDER TELECOM INTERNATIONAL LTD. ana Frix Rachel D. Flam Swidler Berlin Shereff Friedman, LLP 3000 K Street, NW, Suite 300 Washington, D.C. 20007 (202) 424-7790 (Tel.) (202) 424-7645 (Fax) Counsel for Pathfinder Telecom International Ltd. Dated: October 8, 1998

CERTIFICATION OF APPLICANT On behalf of Pathfinder Telecom International Ltd. ("Pathfinder"or Applicant"), and in accordance with Section 1.2001-1.2003 of the Commission's Rules, 47 C.F.R. § 1.2001-1.2003. I hereby certif' 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. Pathfmder 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 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. Pathfinder Telecom International Ltd. (Company Name) By: Name: o.rntr C. fri Title: M4i' icrr,R. Date: 247964.4


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