Attachment 20170124092555-810.p

20170124092555-810.p

SUPPLEMENT

Supplement

1998-10-26

This document pretains to ITC-214-19981026-00732 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998102600732_1396152

                                                  Streamlined         ITC—214—19981026—00732
                                                  lIJ AMERICA, INC.




                     Categories of Services for 214 Applications
                        Spoime
                               (Streamline/Non—streamline)
                        Te




                  ASSIGNMENT OF LICENSE
DDDDQ\DD




                  CLOBAL 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 0 09 9 o o 9




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




    Description of Application:




                               F &8


READ INSTRUCTIONS CAREFULLY                                                                                                                                             APPROVED BY OMB 3060—0589
  BEFORE PROCEEDING                                                                    FEDERAL COMMUNICATIONS COMMISSION
                                                                                                                                                            SPECMAL USE
                                                                                         REMITTANCE ADVICE
                                                                                                page no. Y1
                                                                                                         _L_or    1 T— no inng
                                                                                                               _L__                                         FCC use onty
1) LOckKkBox #                                                                             carngEN
e                                                                                          k§/NKLILLUIN                  Ubfl    ;8      5%8
                                                                             I              SECTION A — PAYER INFORMATION                          l
 (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card)                                                              (3) TOTAL AMOUNT PAID (dollars and cents)

 J America, Inc.                                                                                                                                                                                   780.00
 (4) STREET ADORESS LINE NO. 1

 399 Park Avenue, 23rd Floor
 (5) STREET ADDRESS LINE NO. 2
                                                                                                                         1.(CGaojA— 199 ¢1046—007132,
 (6) Cmy                                                                                                     (7) STATE                                 (8) ZIP CODE

 New York                                                                                                    New York                                      10022
 (9) DAYTIME TELEPHONE NUMBER (Include area code})                                                          (10) COUNTRY CODE(if not in U.S.A.)

 212—350—1300
                                  IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B
                                       IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C)
                                                                             l            SECTION B — APPLICANT INFORMATION                        [
(11) APPLICANT NAME (if paying by credit card, enter name exactly as it appears on your card)


(12) STREET ADDRESS LINE NO. 1


(13) STREET ADDRESS LINE NO. 2


(14) CY                                                                                                     (15) STATE                                 (16) zP CObE

(17) DAYTIME TELEPHONE NUMBER (Include area code)                                                           (18) COUNTRY CODE (if not in U.S.A.)


    COMPLETE SECTION C FOR EACH SERVICE, IF MORE: BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159—C)
                                                                             \[            SECTION C — PAYMENT INFORMATION                         I
(19A) FCC CALL SIGN/OTHER ID                    (20A) PAYMENT TYPE CODE (PTC)                           (21A) QUANTITY      (22A) FEE DUE FOR (PTC) IN BLOCK 20A FCC UsE OnLY
                                                 C           _| U                J T        _|                           1 |s                              780.00
(23A) FCC CODE 1                                                                                                  (24A) FCC CODE 2


(198) FCC CALLSIGN/OTHER iD                     (208) PAYMENTTYPE CODE (PTC)                            (218) QUANTITY      (228) FEE DUE FOR (PTC) IN BLOCK 208 FCC USE ONLY

                                                             |                   |          |                               s
(238) FCC CODE 1                                                                                                  (248) FCC CODE 2


(19C) FCC CALL SIGN/OTHER ID                    (20C) PAYMENT TYPE CODE (PTC)                           (21C)QUANTITY       (22C) FEE DUE FOR (PTC) IN BLOCK 20C FCC USE ONLY

                                                              |                   |         |                               s                                             .
(23C) FCC CODE 1                                                                                                  (24C) FCC CODE 2


(19D) FCC CALL SIGN/OTHER iD                     (200) PAYMENTTYPE CODE (PTC)                           (21D)QUANTTY        (220) FEE OUE FOR (PTC) IN BLOCK 200 FCC USE ONLY .: _._—                  28

(230) FCC CODE 1                                                                                                   (240) FCC CODE 2


                                                       SECTION D — TAXPAYER INFORMATION (REQUIRED)
 (25)                                                                                                              (26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN 8—11 S DIFFERENT FROM PAYZR NAuE NA2

 PAYER TIN                                0|7|7|o|4 |2 |7|3 |s|2                                                   APPLICANT TIN                             |0
                                                                                                 SECTION E — CERTIFICATION                             |
 (27) CE.RIIHL,.ATION STATEMENT
 1, Eric Fishman                                                                           , Certify under penalty of perjury that the foregoing and                             gupporting information
                                  (PRINT NAME)
 are true and correct to the best of my knowledge, infomation and belief.                                                         _SIGNATURE
                                                                                      SECTION F — CREDIT CARD PAYMENT INFORMATION
 (28)                            MASTERCARDNISA ACCOUNT NUMBER:                                                                                               EXPIRATION DATE:

         MASTERCARD

             a— =—                                                                                                                                             MONTH          YEAR
                                                                                                     AUTHORIZED SIGNATURE                                          DATE
         VISA        1 hereby authorize the FCC to charge my VISA or MASTERCARD

                     for the service(s)/authorization(s) herein described.                       l
                                                                      SEE PUBLIC BURDEN ESTIMATE ON REVERSE                                                 FCC FORM 159             JULY 1997 (REVISET


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October 26, 1998                                                           ERIC FISHMAN
                                                                           202—8298—1849



VIA HAND DELIVERY
Federal Communications Commission
International Bureau — Telecommunications Divisicn
P.O. Box 358115
Pittsburgh, PA 15251—5115

                         Re:     IIJ America, Irc.
                                 Application   for   Authority,   undsr   Section           214      of the
                                 Communications Act of 1634, as amended,                     to      Provide
                                 International Telecommuni:atio:ns Services

 T‘ear Sir/Madam:

              Transmitted herewith, on bc:half of IIJ Ameri:a, Inc., is an. original and five
 (5) copies of its Application for Autliority, under Section 214 of the Communications
 Act of 1934, as amended, to provice international telecommunicaticns services. A
 Forim 159, with applicable filing fee of $780.00, is atta ched hereto.

       An extra copy of the filing is enclosed. Please daze—stamp the extra copy and
 return it to the courier for return to me.

              If you have any questions, please contact t 1e ur dersigned.

                                                      Very truly yours,

                                                      HOLLAND & KNIGHT LLP



                                                      Counsel for
                                                      IIJ America, Inc.

    Enclosure
    ce (via hand delivery):             Frances G. Eisenstein, FCC International Bureau
O                                       2000 M Street NW., Room 843
                                        Washington, DC 20554


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                                                                                                                                                                  AUTHORIZED SIGNATURE


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                                           Beore t ie
                       ~EDE RAL COMMUN CAT ONS COMIMISSION
                                    Washingt >n, CC 205354

In re Appl caticn of

IIJ AMER CA, NC.                                            File No.

For Authcrity under Sectin 214 of the
Corr munisationis Ac: of 1334, as amended,
and Sectims €3.18(e)(1) and 33.18{e)(2
of ts Co nmis sion‘s Rules to Dperate as a
Faciities— 3asedA Carrier and a:s a Rosale
Carrer, It cludiig Authoriy to Resell
Priviaite Lines E etwesn tha Uni:ed States
and Authorizec Countries

                                         APPI JCA¥ ION
        IIJ Ameiica, l 1c. (" IJ Arnerice.") he eby ‘eque sts (i) autt ority, pursuant to Section

 214 of th3 Coinmunications Act of 1934, as amended, 47 U S.C. § 214, and Section

 63.18(e)(1) of the Commissiot‘s rues, 47 C.FP.R. € 63.18(e)(1), to acquire interests in

 facil ties ; revic usly autho ized by th«3 Cor imiss ion in orderr to provide international basic

 swit shed, privete lins, daa, video and bt sines s seivices to a| international points, and

 (ii) authcrity   under Section 63.16(e)(2) of the Cominissinn‘s rules, 47 C.F.R. §

 63. 8(e)(?2), to resell the inter mational sviitched and private li1e services of authorized

 U.S. common carriers for the provision of international basic switched, private line, data,

 video and business services to all international points, including authority to resell

 international private lines between the United States and Canada, the United Kingdom,

| New Zealand, Australia, Sweden, Australia, the Netherlands, Luxembourg, Norway,

_ Denmark, France, Germany, Belgium, Austria, Switzerland, Japan and Italy for the

 provision of switched service between the United States and those countries.


          IIJ Americst is a newly formied corporation             nized under the laws of th : State

 of California for the jpurpose 0o: providing telec               nunications services      The sole

 sharehc;iders 6f IJ Anerica, eech holding a &                    ownership interest, are htern t _

.b_‘lnitia;tive Jaban In ;. ("Il ) Inc.") anc HIJ Tachnialogj;/   "IlJ Technology"), both Ja janeve

-‘Cg-f_pora’_(ior»-]é. The con pany currently holds no te         nmunications authorizations, ard

 has no interlockirg dire:ctorates cr affil ations witr           rign carriets.

          IIJ Americs beliives that there is significar           :‘entia for c:gntinued growt!i in the

 international voici:, daa and facsimile markets, :               hat this market expanision will he

 accelerated by ac ditional competition y new ent                 . Th s position is consistent with

  Commission findiags {nat increaued competition                  iternational markets s be ieficial.

 See, e.g., Teltec saving Commur icaticns Co., Mii                No. 3 348 (releaised April 4 198(),

  and cases cited therein.           The Jomniission als          ind taiat the market will support

  additional carriers ard that the adced compe                    1 will be in ths puolic iiterest.

  Accordingly, the Con mission rFas authorized |                  entrents that j»ropcse to resall

  international services. Id. See iIso FTC, Inc., 6               FiRed 2237 (19031).

          IIJ America preposes by this zipplication               rovide: international switch ed a id

  private line serv ces rom the Unitec States to                  ‘rnational points threugh ts ouvn

  facilities and through the resale of other carriers‘ services.               The Commission has

  determined that, as a matter of policy, introduction of additional competition in the

  provision of international services creates incentives for carriers to offer new and


innovative services and to reduce prices, which inure to the public interest and benefit.‘

Grant of this application would serve the Commission‘s proposes and accord with the

Commission‘s commitment to open entry to the U.S. telecommunications market.

Moreover, many carriers provide international services in the United States, including

AT&T, MCI WorldCom, Sprint and others.

          By the instant application, lIJ America seeks authority to resell international private

lines between the United States and Canada, the United Kingdom, Australia, New

Zealand, Sweden, Australia, the Netherlands, Luxembourg, Norway, Denmark, France,

Germany, Belgium, Austria, Switzerland, Japan and Italy for the provision of international

switched services between the United States and those countries.               In Regu/‘afion of

International Accounting Rates, 7 FCC Red 559 (1992), the Commission found that such

resale between the United States and countries affording "equivalent opportunities" for

such resale would afford numerous public interest benefits, including increased demand,

    reduced prices, the virtual elimination of price discrimination, and the exertion of

    pressure to reduce above—cost accounting rates. More recently, the Commission has

    determined that the aforementioned countries afford such "equivalent opportunities" and

    granted the applications of companies to provide resold interconnected private line

    services between the United States and those countries. See Public Notice Report No.

    TEL—00017, released October 15, 1998.




       *      See, e.g., TDX Systems, Inc., File No. ITC—86—108, released September 2,
 1986; Argo Communications International, Inc., 1 FCC Red 578 (1986);, BT North
America, Inc., ITC—95—178, released April 20, 1995.

_                                               —3—


       IIJ America believes that the added competition that its entry will bring to the

market will benefit United States consumers of overseas data and voice services. These

benefits include competitive pricing and increased availability of a variety of service

options. The grant of this iauthorization will therafore furth:sr the public interest.

       In support of II.J Amarica‘s request for authorization, the following iiformation is

submitted pursuant to Section 63.18 cof the Commnission‘s rules, as amended, 47 C.F.R.

§ 63.18 (1696):

       (a)    Name and address of Applicant:

              IIJ America, Inc.
              399 Park Avenue, 23rd Floor
              New York, New York 10022
              Attentior: Kenzo Inuzuka, President and CED
              Telephone No.: (212) 350—1300

       (b)    Applicant is a corporation organized unde the laws of the State of

               California.

       (c)     Correspondence concerning this Application should be sent to:

               Eric Fishman, Esq.
               Holland & Knight, LLC
               2100 Pennsylvania Avenue, NW
               Washington, DC 20037
               (202) 828—1849

               with a copy to:

               Kenzo Inuzuka, President and CEO
               IIJ America, Inc.
               399 Park Avenue, 23rd Floor
               New York, New York 10022
               Telephone No.: (212) 350—1300


(d)   Applicant has not previously received authority under Section 214 of the

      Communications Act, as amended.            By grant of this Application, IIJ

      America would become a nondominant international carrier for the

      provision of intsrexc 1ang s service, :subject to Section 24 of the Act.

(e)   IIJ America heraby requests Section 214 authority to operate as a fecilitie:

      based cairier ;ursuiint to the tarms and zsonditions of Section 63.18(e)(‘

      of the rules, ar d as a resale carrier purs uant to thez_ ternis and conditior

      of Section 63.18(e)(2) cf the rules.       lhe authorizaticn sought in th

      applcation wil    be usec to axtend II« Amarica‘s telscommunicatior

      serv ces trom the United States to ntermational peints \rhich IIJ Americ

      seeks to serve. Apolicant further proposes to rescll intarnational priva

      lines between the United States and Canada, the United Kingdor

      Australia, New Zealiind, Swedisn, The Ne therliands, Luxe mbourg, Norwa

      Den mnark, Frarce, Cermany, Balgiurn, Austria, Switz erlar d, Ja »an and Ita

      for the provision of international switchsd services be ween the Unite

      Statss ar d those countriss. .As ncted elsewnere in this Apjplication, tt

      Conimission has pre vious ly de:ermined that ec u_ival«ant re sale »pportunitit

      exis: between these countries and the United States.

(f)   IIJ America is not requesting authorization to construct any international

      facilities between the points for which it is applying to provide resold

      services.


      (g)    Does not apply (Applicant is not see king ‘"acilit‘es—b.ased authority pursuant

             to Sectio 1 63. 18(e) 6) of the rules)

      (h)    See attamhed sertifisation.

      (i)    See attaiched sertifi sation.

      (J)    See attaiched sertif cation.

                                        Conclusiot|
      As demor stratsd ir this Application, 1J Americe is egally, financially and

technically qualifed to provide the service for whici it requests eutholrity.        For he

reasons stated zbove, IIJ Amer ca submits tha:; the public interest, convenie 1ce ind

necessity would he fuithered by a grait of :‘his Section 214 app ication. The reques ed

authorization should therefore be issuecd to IIJ America t            enable   t to prov de

international basic sviitched, piivate line, dats, vidso and business services to all

international poinits puirsuant to Section €3.18ie)(1) of the Commissior‘s rues, ind

pursuant to Section €3.18(e)(2) of the Commission‘s rules, to resell the inte natic nal

switched and private I ne seurvices of autho ized U.S. comrion carrie‘s for the provision

of international basic switched, private lins, data, video :iand husinsss servicss to all

international poir ts, ir cludiag at thority to resell private linss be:tween the United State

and Canada, the United Kngdom, Austral a, New Zealand, Sweden, the Netherlar.ds,

Luxembourg, Norway, Denmark, France, Germany, Belgium, Austria, Switzerland, Japan

and Italy for the provision of switched services between the United States and those

countries.


                                      CERTIFICATION
      Applicant hereby certifies that it has no affiliation, as defined by Section 63.18 of the

Commission‘s rules, with any foreign carriers, and that it has no interlocking directorates

with other Section 214 certificated telecommunications carriers.           In support of this

certification, Applicant hereby states that its two sole shareholders, each holding 50% of

the Company‘s capital stock, are Internet Initiative Japan Inc. ("IIJ Inc.") and IIJ

Technology Inc. ("IIJ Technology"), both of which are Japanese corporations engaged in

the business of providing internet—based services.        Neither IIJ nor IIJ Technology is a

foreign carrier as that term is defined under Section 63.18 of the Commission‘s rules.      No

single shareholder ofIIJ Inc. holds ‘a 10% or greater interest in the capital stock of IIJ Inc.

 The 10% or greater shareholders of IIJ Technology are, respectively, IIJ Inc. (39%),

Sumitomo Corporation (10%), ITOCHU Corporation (10%), Sumitomo Electric Industries,

Lfd. (10%), and Hitachi Software Engineering Co..      The officers cmddnrectors of Appllccint

IIJ Inc. and IIJ Technology are all Japanese citizens.


                                     By: |       L_/K/, /
                                             Kenzo In‘D‘Z’k,a,President and CEO
                                             IIJ America, Inc.
                                             399 Park Avenue, 23rd Floor
                                             New York, New York 10022
                                             Telephone No.: (212) 350—1300


                                     CERTIFICATION

       Applicant hereby certifies that it and its respective affiliates have not agreed to

accept special concessions directly or indirectly from any foreign carrier or administration

with respect to traffic or revenue flows between the United States and any foreign country

which the Applicant may serve under the authority granted under this part and will not

enter into such agreements in the future.




                                    By:
                                               Z2z       /
                                            Kenzo‘ifitrzfika, President and CEO
                                            IIJ America, Inc.
                                            399 Park Avenue, 23rd Floor
                                            New York, New York 10022
                                            Telephone No.: (212) 350—1300


                                     CERTIFICATION

       Pursuant to Section 1.2002 of the Commission‘s rules, IIJ America, Inc. hereby

certifies that it is not subject to a denial of Federal benefits, including FCC benefits, by

Federal and/or state courts under authority granted by Section 5301 of the Anti—Drug

Abuse Act of 1988, 21 U.S.C. 3 853a.     See 6 FCC Red 7551 (1991).


                                   By:        W
                                          Kenzo Inuzuka, President and CEO
                                          IIJ America, Inc.
                                          399 Park Avenue, 23rd Floor
                                          New York, New York 10022
                                          Telephone No.: (212) 350—1300


                                    DECLARATION

        l, Kenzo Inuzuka, am President and CEO of IIJ America, Inc.      I| have read the

foregoing Section 214 Application and hereby declare, under penalty of perjury, that all

statements contained therein are true and correct.




                                         Kenzo InuZuka, President and CEO
                                         IIJ America, Inc.
                                         399 Park Avenue, 23rd Floor
                                         New York, New York 10022
                                         Telephone No.: (212) 350—1300

October 22, 1998



WAS1—389871



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Document Modified: 2019-04-21 10:40:23

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