Attachment 20170124101128-763.p

20170124101128-763.p

SUPPLEMENT

Supplement

1998-10-23

This document pretains to ITC-214-19981023-00745 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998102300745_1396181

                                                       Streamlined   ITC—214—19981023—00745
                                                       MTS COMMUNICATIONS INC.




                        Categories of Services for 214 Applications
                                (Streamline/Non—streamline)
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                              §          t10—2/¢—/59916 23 —06745
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                     ASSIGNMENT OF LICENSE

                     GLOBAL FACILITIES—BASED SERVICE

                     GLOBAL FACILITIES—BASED/GLOBAL RESALE SERVICE

                     GLOBAL RESALE SERVICE

                     INDIVIDUAL FACILITIES—BASED SERVICE

                     INTERCONNECTED PRIVATE LINE RESALE SERVICE

                     LIMITED GLOBAL FACILITIES—BASED SERVICE/LIMITED

                      GLOBAL RESALE SERVICE
                     LIMITED GLOBAL FACILITIES—BASED SERVICE
A 9A _9 90 0A A oo




                     LIMITED GLOBAL RESALE SERVICE
                     TINMARSAT AND MOBILE SATELLITE SERVICE
                     SWITCHED RESALE SERVICE
                     ~TRANSFER OF CONTROL—
                     SUBMARINE CABLE LANDING LICENSE
                     INTERNATIONAL SPECIAL PROJECT




    Description of Application:


                                   JEP 28 1996
                                        Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                              Washington, D.C. 20554


In the Matter of                                                         Q@.fN‘ELLfl




                                                             vvvvvvvvw
MTS COMMUNICATIONS INC.

Application for Global Authority pursuant to                                 File No.
Section 214 of the Communications Act of 1934,
as amended, to Operate as an                                             LTC214 19991023 —40 7¢5
International Facilities—based and Resale Carrier
between the United States and
Various International Points

                                             APPLICATION

        MTS Communications Inc. ("MTS"), hereby requests global authority, under

Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. s. 214, a

Section 63.18 of the Commission‘s Rules, 47 C.F.R. s. 63.18 (1996), to provide

international telecommunications services between the United States and international

points other than those excluded by the Commission‘s Exclusion List. This application is

eligible for streamlined processing.


I.      The Proposed International Services

        MTS requests four types of authority in this application, all of which are eligible

for streamlined processing.‘ MTS specifically requests:

        (a)       global facilities—based authority pursuant to Section 63.18 of the

                  Commission‘s Rules, 47 C.F.R. s. 63.18(e)(1), to acquire interests in half—

                  circuits in U.S.—authorized facilities as well as necessary connecting




‘ See Streamlining the International 214 Authorization Process and Tariff , IB Docket No. 95—118, FCC
96—79 (released March 13,1996) (adopting streamlined 35—day processing procedures for certain
international resale applications) ("Streamlining Order""); 47 C.F.R. s. 63.12 (1996).


                                                   ~2]~


                  facilities to provide international telecommunications services between the

                 United States and all international points except those countries that

                  appear on the Exclusion List; >


         (b)      global authority pursuan              ection 63.18(e)(2) of the Corn               ion‘s

                  Rules, 47 C.F.R. s. 63.               2), to resell the international              ched

                  services of all U.S.—autho:           arriers, other than those affiliat           Tiers

                 with market power or re                »d as dominant on a particulat               s, to

                 provide international swit             services between the United Sta              d all

                  international points serve              those carriers except those cou             that

                  appear on the Exclusion L


         (c)      global authority pursuant             ction 63.18(e)(2)(A) of the Con              ion‘s

                  Rules, 47 C.F.R. s. 63.18             (A), to resell international priva           es to

                 provide international non—               onnected private line services bi          a the

                 United States and all ir                 ional points except those cou:              that

                  appear on the Exclusion L             id


         (d)      authority pursuant to Section 63.18(e)(2)(B) of the Commission‘s Rules,

                 47    C.F.R.     s.   63.18(e)(2)(B),       to resell international private         lines

                  interconnected to the public switched network ("PSN") at one or both

                  ends to provide international switched services between the United States

                  and all countries found by the FCC to offer equivalent resale opportunities




> MTS seeks only authority to own circuits on facilities that do not appear on the Exclusion List.


                                                   _3


                 to U.S. carriers, currently including Canada, the United Kingdom, Sweden

                  and New Zealand.}


         As MTS does not seek authority to serve countries or use facilities on the

Exclusion List, and has noaffiliation within the meaning of Section 63.18(h)(1)(i) with a

facilities—based foreign carrier in a destination market, MTS‘s application for authority

pursuant to Section 214 is eligible for streamlined processing.


         If required by the Commission, MTS will report its acquisitions of interests in

facilities including earth stations, channels of communications to satellites, and

submarine cables in its circuit addition reports filed under Section 43.82 of the

Commission‘s Rules, 47 C.F.R. s. 43.82, and will also report its traffic and revenue for

international service in accordance with Section 43.61 of the Commission‘s Rules, 47

C.F.R. s. 43.61.


        MTS believes that the added competition its entry will bring to the market will

benefit the consumers           of telecommunications services.             These benefits        include

competitive pricing and increased availability of variety of service options. A grant of

this application, therefore, will further the public interest.               Moreover, grant of this

application is consistent with the U.S. World Trade Organization commitment to open its

basic telecommunications markets to competition.




> Pursuant to the Streamlining Order, the Commission will automatically amend Section 214
authorizations to resell international private lines to provide international switched services between the
United States and countries that afford U.S. carriers equivalent resale opportunities to add all additional
countries found to meet the equivalent resale opportunities standard.


IL.    The Applicant

       MTS is a Canadian company incorporated under the laws of the Province of

      )ba, Canada, and is organized to provide telecommunications services to business,

      1ce and wholesale customers. MTS is not affiliated, as that term is defined by Part

      the Commission‘s Rules, with any dominant U.S. carriers whose international

      :s MTS will resell.      MTS is not affiliated, within the meaning of Section

      bh)(1)(i), 47 C.F.R. s. 63.18(h)(1)(i) of the Commission‘s Rules, with any foreign

      s. MTS, therefore, should be classified as a non—dominant carrier for the provision

       services for which authority is requested in this application.       Thus, MTS‘s

      ition is eligible for streamlined processing.


       Public Interest Considerations

       In Market Entry and Regulation of Foreign—affiliated Entities, Report & Order,

      C Red 3873 (1995), the Commission outlined the following policy goals for its

      tion of the U.S. international telecommunications market: to promote effective

      tition in the U.S. telecommunications market, particularly the market for

iuw.udtional telecommunications services; to prevent anticompetitive conduct in the

provision of international services or 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


                                            — 5.


paramount goal of making available a rapid, efficient, worldwide wire and radio

communications service with adequate facilities at reasonable charges."

          The grant of MTS‘s request for facilities—based and resale authority to provide

  ternational services as requested in this Application will directly further the

  »mmission‘s policies of bringing increased competition to the U.S. international

  lecommunications services market and, therefore, is in the public interest.


  r
      o   Section 63.18 Information

          The following information is submitted, as required by Section 63.18 of the

  »mmission‘s Rules, in support of MTS‘s request for authorization:


          MTS Communications Inc.
          P.O. Box 6666
          489 Empress Street
          Winnipeg, Manitoba R3C 3V6
          Canada
          Telephone No.: (204) 941—7301

  )       MTS is a corporation organized under the laws of the Province of Manitoba,
  ~HS
  )       Correspondence concerning this application should be sent to:

          Mr. Brian Drury
          Carrier Services Manager
          MTS Communications Inc.
          P.O. Box 6666
          Room G700F — 191 Pioneer Avenue
          Winnipeg, Manitoba R3C 3V6
          Canada
          Telephone No.: (204) 941—6301

(d)       MTS has not previously received authority under Section 214 of the
          Communications Act, of 1934, as amended.

(e)       MTS requests global facilities—based and resale Section 214 authority pursuant to
          the terms and conditions of Section 63.18(e)(1) and (e)(2) of the Commission‘s
          Rules, 47 C.F.R.


                                          «6 ~


6     MTS seeks no other authorization available under Section 63.18(e) other than as
      specified in this Application.

(g)   Not applicable.

(h)   MTS certifies that it is not affiliated with’anfly foreign carrier or U.S. facilities—
      based carrier as definedin Section 63.18(h)(1)(i) of the Commission‘s Rules, 47
      C.F.R. In support of this certification, the following information is provided in
      respect of MTS and its sole shareholder:

      MTS Communications Inc.

      Shareholder:           Manitoba Telecom Services Inc. (100%)

      Address:               P.O. Box 6666
                             489 Empress Street
                             Winnipeg, Manitoba R3C 3V6
                             Canada

      Principal Business:    Telecormmunications services

      Directors:             Thomas E. Stefanson, Chairman
                             Robert M. Chipman
                            Jocelyne M. Coté—O‘Hara
                            N. Ashleigh Everett
                            John F. Fraser, O.C.
                            William C. Fraser
                            Raymond L. McFeetors
                             C. Arnold L. Morberg        |
                            Donald H. Penny, F.C.A.
                            Arthur R. Sawchuk       &
                            D. Samuel Schellenberg

      Officers:             William C. Fraser, President & Chief Executive Officer
                            William F. Baines, President & Chief Operating Officer
                            Peter J. Falk, Corporate Secretary

      Manitoba Telecom Services Inc.                      /

      Shareholders:         Publicly traded company
      Address:              P.O. Box 6666
                            489 Empress Street
                            Winnipeg, Manitoba R3C 3V6
                            Canada

      Principal Business:   Telecommunications and related services

      Directors:            Thomas E. Stefanson, Chairman
                            Robert M. Chipman
                            Jocelyne M. Coté—O‘Hara
                            N. Ashleigh Everett
                            John F. Fraser, O.C.


                                          =J s


                              William C. Fraser
                              Raymond L. McFeetors
                              C. Arnold L. Morberg
                              Donald H. Penny, F.C.A.
                              Arthur R. Sawchuk
                              D. Samuel Schellenberg

       Officers:              Thomas E. Stefanson, Chairman
                              William C. Fraser, President & Chief Executive Officer
                              Cheryl Barker, Vice President Finance &
                              Chief Financial Officer
                              Peter J. Falk, Executive Vice President Business
                              Development, General Counsel & Corporate Secretary
                              William F. Baines, President & Chief Operating Officer,
                              MTS Communications Inc.
                              Bruce G. MacCormack, President &. Chief Operating
                              Officer, MTS Advanced Inc.
                              Roger H. Ballance, Executive Vice President Strategic
                              Planning
                              Wayne S. Demkey, Corporate Controller
                              Patricia A. Solman, Treasurer

)     MTS certifies that it has not agreed and will not agreein the future to accept any
      direct or indirect special concessions from any foreign carrier or administration
      with respect to traffic or revenue flows between the United States and any foreign
      countries which MTS may serve under the authority granted under Part 63 of the
      Cormmmission‘s Rules.

G)    MTS certifies that no party to this application has been denied federal benefits
      pursuant to Section 5301 ofthe Anti—Drug Abuse Act of 1988.

      Conclusion

      The Commission‘s grant of authority to MTS to provide global international

facilities—based and resale services between the United States and international points

will serve the public interest, convenience and necessity by promoting competition in the

international market. Competition will benefit U.S. consumers by increasing service

options and lowering prices. Thus, the public interest will be served by the grant of

Section 214 authority to MTS. For these reasons, MTS respectfully requests that the

Commission grant this application.


Respectfully submi

MTS CO       \/;ATIONS INC.
Per /*'7\     MMz*‘


        \ Mr.WilliamF. Baines
         President & Chief Operating Officer
         MTS Communications Inc.
         P.O. Box 6666
         489 Empress Street
         Winnipeg, Manitoba R3C 3V6
         Canada
         Telephone No.: (204) 941—8585

Date:    September 14, 1998


                         CERTIFICATION OF APPLICANT

On behalf of MTS Communications Inc., I hereby certify that:

1.     MTS Communications Inc. is not affiliated with any jorgign camier or
       U.S. facilities—based carrier as   defined in   Section   63.18(1)(1})(i)   of the
       Commission‘s Rules, 47 C.F.R.

       In accordance with Section 1.2001 to 1.2003 of the Comniuisiion‘s lules, «7
       C.F.R. s. 1.2001—1.2003, no party to this application is subject to a denial of
       Federal benefits pursuant to Section 5301 of the Anti—Drug Abiise Act o 1988.
       (See 21 U.S.C. s. 853a).

       MTS Communications inc., has not agreed to accept any conce: sions directly >r
       indirectly from any foreign carrier or administration with resfect to traffic >r
       revenue flow between the United States and various international points unde: the
       authority granted under Section 214 of the Communications Act of 1035, as
       amended, and the Commission‘s Rules, and has not agreed to enter nto such
       agreements in the future.

       The statements in the foregoing Application for Section 214 authority ae Tue,
       complete, and correct to the best of nuy knowledge d are macde n good faith.

                                    ((_\&fim/KTIONS RIC .
                                    MTS



                                    Name W11]iam
                                              F Baines

                                    Title: President & Chief Operating Office:

                                    Date: September 14, 1998


      NUV—U3—1998            135532               A.    T«   S.                                  942 0140        P.02,02




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                    VIA FACSIMILE

                    November 3, 1998




                    Fran Eisenstein
                    Federal Communications Commi: sion
                    IB Telecommunications Division
                    P.O. Box 358115
                    Pittsburgh, PA 15251—5115
                    USA

                    Subject: Concurrence to be reg ulated a ; a Dominant Za rier


                    Dear Fran;

                    As per our discussion on Novemt er 3, Iann advising you tha: MTS Communications Inc.
                    ("MTS) is a Canadian Local Exchange Cafier. MTS agrces :0 be regulated as a dominant
                    cameronthe Canada — USA route.
                                     mz           ~—.
               _ _

                   We request that
                                 our apphcatlon bestream lined.

                   . Should you have any questions or require iny additional i ifo mation, please contact me
                   at (204)941—6301.

                   Thank you in advance for streamlined processing of our application.

                   Respectfully Yours




                     tar
                   Beata Kozlowski
                   for Brian Drury
                   Carrier Services Manager

\     &                 Carrier Services Group
                        MTS Communications Inc.
                        PO Box 6666
Xl Pan AmGames
                        Rm G700E, 7th Floor
Winnipeg 99             191 Pioneer Avenue
       &                Winnipeg, Manitoba R3C 3V6
Official Partner       Fax: (204) 942—0140
                                                                                                               TntTol   p mo



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Document Modified: 2019-04-18 07:49:31

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