Attachment 20170124103830-450.p

20170124103830-450.p

SUPPLEMENT

Supplement

1998-10-30

This document pretains to ITC-214-19981030-00754 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998103000754_1396358

Streamilined ITC—214—19981030—00754 PHILCOM CORPORATION Categories of Services for 214 Applications _ (Streamline/Non—streamline) ‘Ero.alj—1998/1se0 2075 9 ASSIGNMENT OF LICENSE o o o o _5 6 GLOBAL FACILITIES-BASED SERVICE LOBAL GLOBAL FACILITIES—BASED/G RESALE SERVICE GLOBAL RESALE SERVICE f INDIVIDUAL FACILITIES—BASED SERVICE | INTERCONNECTED PRIVATE LINE RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICE/LIMITED GLOBAL RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICE A o 0 .0 0A D o 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; _ ) ) ax Yo) Ay/ D

LAW OFFICES OF PaAUL, HASTINGS, JANOFSKY & WALKER LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS rRoseRt P. HastTiNGs (I910—1996) 1299 PENNSYLVANIA AVENUE, N.W. 399 PARK AVENUE Counset NEW YORK, NEW YORK I0OO22—4697 LEE G. PAUL WASHINGTON, D.C. 20004—2400 TELEPHONE (212) 318—6000 LEONARD S. JANOFSKY ChHanLes M. walnEs TELEPHONE (202) sos—ss00 BAp CALIFORNIA errcsr AN FRANCISCO, CALIFORNIA 94104—2635 FaACSImMILE (202) sos—9700 g TELEPHONE (4i5) 835—1600 600 PEACHTREE ST., N.E., STE 2400 if 3(} 10S5S WASHINGTON BOULEVARD 4 INTERNET www.phjw.com (3 k ATLANTA, GEORGIA 30308—2222 STAMFORD, CONNECTICUT O6901—2217 s TELEPHONE (404) 8i§—2400 tds C TELEPHONE (203) S61—7400 1 3 695 TOWN CENTER DRIVE k "& \”Lv o 1299 OCEAN AVENUE COSTA MESA, CALIFORNIA 92626—!924+ P(.S “. e SANTA MONICA, CALIFORNIA 90401—1078 TELEPHONE (714) 668—6200 E‘U bets TELEPHONE (310) 319—3300 SS s soer TH FLOWER STREET LOS ANGELES, CALIFORNIA 90071—2371 f October 30, 1998 ( C ARK MORI BUILDING, 30" FLOOR 12—32, AKASAKA I—CHOME TELEPHONE (213) 683—6000 MINATO—KU, TOKYO 107, JAPAN TELEPHONE (03) 3586—4711 5e,7 10360—0075 998103 Tc 1—/998 "€ —214—1 wWRITER‘s DIRECT AcCESS R FILE NO. (202) 508—9530 ho 29016.90031 Federal Communications Commission International Bureau Telecommunications Division Post Office Box 358115 Pittsburgh, Pennsylvania 15251—5115 Re: Application of PhilCom Corporation for Global Authority Pursuant to Section 214 ofthe Communications Act of 1934, as amended, for Global Facilities—Based and Global Resale Authority Dear Sir or Madame: We represent PhilCom Corporation("PhilCom*"), which requests authority pursuant to Section 214 of the Communications Act, 47 U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 U.S.C. § 63.18, for itself and its wholly—owned subsidiaries for global facilities—based and global resale authority between the United States and various international points. On behalf of PhilCom, we respectfully submit herewith for filing with the Commission one original and six (6) copies of PhilCom‘s Application pursuant to Section 214 and the Commission‘s Rules. In addition, PhilCom requests streamlined treatment of this Application pursuant to 47 C.F.R. § 63.12(c)(1)(i), in that the Applicant qualifies for a presumption of non—dominance under 47 C.F.R. § 63.10(a)(3). A completed FCC Form 159 ("Remittance Advice") is also enclosed. On behalf of PhilCom, there is also enclosed with this letter a check made payable to the order of the Commission in the amount of Seven Hundred Eighty Dollars and No Cents ($780.00). The check constitutes payment in full of the processing fee for the Application herewith submitted for filing. Please date stamp the extra copy of this Application as having been received by the Commission‘s application processing fee payment facility at the Mellon WDC/98644.1

PaAuUL, HASTINGS, JANOFSKY & WALKER LLP Federal Communications Commission October 30, 1998 Page 2 Bank in Pittsburgh, Pennsylvania as of the date of such receipt, and return the date— stamped "File Copy" of this letter to our messenger. In the event that the Commission or its staff should have any questions concerning the Application herewith submitted for filing, kindly refer them to PhilCom‘s undersigned counsel. Very truly yours, Michelle W. Cohen for PAUL, HASTINGS, JANOFSKY & WALKER LLP Enclosures WASHINGTON D.C.\93550.1

P a vI,— Ha s T IN GoS, 2202 — J a N 0 Fsrcyqb W a L K E R L L P 15=52/540 1299 Pennsylvania Avenue, N.W. * Washington, DC 20004 * 202—508—9500 DATE_—OQetober—14,—1998— Operating Account PAY To TtHE Fed Federal 1 Communications a s 6 veiure povste voucnen onbper or C Commission T ea i .$ 780.00 o Seven Hundred Eighty dollars and 00 cents— SX DOLLARS $ ~/ crestar Crestar Bank Swrem /21 smy Washington, DC NP ©0000 2 20 2i1" 12054000 5§ 2 21. 20 EEL 49 § A" ee o nimmteitees S-nm,“-_:_g-'«- Exnei En ocmacrraiem DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMs DescRisED eELOW. PAUL, HASTINGS, JANOFSKY & WALKE it Not cormeEct PLEASE NoTiFYy Us PROMPTLY. NO RECEIPT DEsiRED. WASHINGTON OFFICE DELUXE — FORM DVCP—3 V—2 DATE D E S C RIP T I O N— AMOUNT 10/14/98 FCC $780 .00 29016.90031/PhilCom Corp./M. Cohen Check #2202 International 214 Application Filing Fee V—2

READ INSTRUCTIONS CAREFULLY — APPROVED By OMB 3080—058a BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE yors PAGE N. 1 or . 1 (1)Locksox # 358115 paying enter name as appears on your Paul STREET ADDRESS NO. 1 — 1299 Pennsylvania Avenue, N.W., Tenth Floor LINE NO, 2 ATIN: Michelle W. Cohen, Esq. Z. Te. "‘za [ ‘/ '/ 10 —O08"I "‘Hashington | b.2. 20004 ""(202) 508—9530 {Include area 1 0) (if not ~«—~IF PA AND THE AP I ; , COMP ~ QH +1 3 «JF THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM159—C) ; name as it appears on your PhilCom Corporation 12) PhilCom Buil ADDRESS LINE NO. 8755 Paseo de Roxas 14) 5) Makati City hilippines 1226 7) DAYTIME area code) (if not in 1—632—816—2851 632 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUA.TIONSHEETS (FORM159:C)># 780.00 _ s SECTION _D — TAXPAYER INFORMATION:—(REQUIRED) paver tin _[O[+] s]2]2] o| 0| [ 7]5 |_|appuicant TN 0ENTITY I Certify under penalty of perjury that the foregoing and supporting information (PRINT NAME) L._.._— are true and correct to the best of my knowledge, infomation and belief. SIGNA L hereby authorize the FCC to charge my VISA or MASTERCARD the service(s)/authorizations(s) herein described. SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of e Ne Nes Nusuut Nee td PHILCOM CORPORATION ) File No. ITC—214—1998___— Application for Authority Under Section 214 of the ) Communications Act, as amended, ) for Global Facilities—Based and Global ) Resale Authority l ) APPLICATION ihilCom Corporation ("PhilCom") hereby requests authority pursuant Section 214 of the Communications Act, as amended (the "Communications Act"), 47 U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18, for global facilities—based and global resale authority for 1tselfand its wholly—owned subsidiaries. ax obmatinl mc PyLafMrecrinrmalsinoo Pycccccooece riommames PhilCom is an emerging telecommunications provider operated by principals with significant experience in the telecommunications business. PhilCom and its subsidiaries intend to offer a wide range of telecormnmunications services. E.m PhilCom requests streamlined treatment ofthis application pursuant to 47 C.F.R. § 63.12(c)(1)(i), in that the applicant qualifies for a presumption of non—dominance under 47 C.F.R. § 63.10(a)(3) because PhflCom and its w@-ownedsubsidiaries are not affiliated with any dominant foreign carriers possessing marke; power.. By granting this application, the Commission will serve the public interest, convenience and necessity by promoting competition in the international services market. WASHINGTON D.C.\214 1

Section 63.18 Information In support of PhilCom‘s application, it submits the following information pursuant to Section 63.18 of the Commission‘s Rules: (a) Name, address and telephone number of Applicant: PhilCom Corporation PhilCom Building 8755 Paseo de Roxas Makati City, Philippines 1226 011—632—816—2851 (b) PhilCom is a corporation organized under the laws of the Republic of the <_ phmpp-yfi Bs (c) Correspondence concerning this application should be sent to: PhilCom Corporation PhilCom Building 8755 Paseo de Roxas Makati City, Philippines 1226 Attn: Mr. Alex S. Villamar President 011—632—816—2851 with a copy to: Paul, Hastings, Janofsky & Walker LLP 1299 Pennsylvania Avenue, NW 10th Floor Washington, D.C. 20004 Attention: Michelle W. Cohen, Esq. (202) 508—9530 (d) Neither PhilCom nor any of its wholly—owned subsidiaries has previously applied for nor been granted authority under Section 214 of the Communications Act. WASHINGTON D.C.\214 ts

(e) PhilCom is requesting global Section 214 authority to operate as a facilities—based carrier pursuant to the terms and conditions of Section 63.18(e)(1) of the Commission‘s Rules. PhilCom is also requesting global Section 214 authority to operate as a resale carrier pursuant to the terms and conditions of Section 63.18(e)(2) of the Commission‘s Rules. PhilCom requests that the aforesaid global facilities—based and resale authority also apply to its wholly—owned subsidiaries. (f) As setforth above, applicant is applying for global authority under Sections 63. 18(e)(1\d\63 l_(g;)b) of the Commission‘s Rules for itself and its wholly— owned subsidiaries. At this time, PhilCom seeks no other authorization available under Section 63.18(e). (g) Not applicable. (h)(1) By this certification, PhilComcertifies that it operates as a carrier engaged in the prov151on oftelecommunications services in the Philippines. PhilComis not ts" mssCTTids «—thedominant carrier in the Phili );glcs As such, PhilComlacks sufficient market poweron a«—— the foreign end of the route to affect competition adversely in the U.S. market. The Philippines is a member of the WTO and has agreed to open its telecommunications markets to competition. PhilCom also owns a greater thaE' 25 percent interest in the following Philippine-based telephone compan"ieS' Metro Kic‘lapaWan Telephone Corporation and Datelco Global Communications, Inc. Neither of these comp\ames has marketpongn_t}_lg/ me___._ Phlhppmes WASHINGTON D.C.\214 3

(h)(2) The name, address, citizenship, and principal businesses of PhilCom‘s ten percent or greater direct and indirect shareholders or other equity holders and any interlocking directorates are as follows: Name: Philippine Global Communications, Inc. Address: 8755 Paseo de Roxas Makati City, Philippines Citizenship: Corporation organized under the laws of the Republic ofthe Philippines. Principal Business: Telecommunications The ten percent or greater shareholders ofPhilippine Global Communications, Inc. are as follows: Name: APC Group, Inc. Address: Ground Floor, PhilCom Building 8755 Paseo de Roxas, Makati City Citizenship: Corporation organized under the laws of the Republic of the Philippines. Principal Business: Investment Holding Company pepeab 21 ame: ’ MVY Holdings & Resources Corp. Address: Room 801, Philippine Stock Exchange Center Ayala Avenue, Makati City Citizenship: Corporation organized under the laws of the Republic of the Philippines. Principal Business: Investment Holding Company WASHINGTON D.C.\214 4

Name: Jubilee Venture Limited Address: Pasea Estéte P.O0.Box 3149 Road Town, Tortola British Virgin Island Citizenship: Corporation organized under the laws of the Republic of the Philippines. Principal Business: Investment Holding Company (b)(3) By this certification, PhilCom certifies that it is not affiliated, as defined in 47 C.F.R. § 63.18(h)(1)(i), with any United States carrier whose services PhilCom might resell. (h)(4) PhilCom will comply with the Section 63.18(h)(4) obligation for the continuing accuracy of paragraphs (h)(1) — (3) of Section 63.18. (Lh)(5) PhilCom operates as a domestic carrier engaged in the provision of telecommunications services in the Philippines. The applicant does not exercise market M@/l@g@&\lhe Philippines is a member of the WTO and has agreed to open its telecommunications markets to competition. As previouslydiscussed, PhilCom also owns a greater than 25 percent interest in the following Philippine—based telephone companies: Metro Kidapawan Telephone Corporation and Datelco Global Communications, Inc. Neither of these companies has market power in the Philippines. (h)(6) As discussed above, PhilCom operates as a domestic carrier engaged in the provision of telecommunications services in the Philippines. The applicant does not exercise market power in the Philippines. The Philippines is a member of the WTO and has agreed to open its telecommunications markets to competition. PhilCom also owns a greater than 25 percent interest in the following Philippine—based telephone companies: Metro WASHINGTON D.C.\214 §

Kidapawan Telephone Corporation and Datelco Global Communicatiohs, Inc. Ne these companies has market power in the Philippines. (h)(7) Not applicable. (b)(8) PhilCom and its wholly—owned subsidiaries seek to be class non—dominant on all routes, as they are not affiliated with any dominant foreign cai (i) Pursuantto Section 63.18(i), PhilCom certifies that it has not ag accept special concessions (as defined in Section 63.14(b) of the Commission‘s directly or indirectly, from any foreign carrier with respect to any U.S. internation: where the foreign carrier possesses sufficient market power on the foreign endof tk to affect competition adversely in the U.S. market and will not enter into such agre in the future. (j) Pursuant to Sections 1.2001 through 1.2003 of the Commission‘s this certifies that no party to this application is subject to a denial of Federal t pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (k) PhilCom qualifies for streamlined treatmentof this application p 47 C.F.R. § 63.12(c)(1)(i), in that the applicant qualifies for a presumption of non—don under 47 C.F.R. § 63.10(a)(3) because PhilCom and its wholly—owned subsidiaries affiliated with a foreign carrier that is a monopoly provider of communications servi: the applicant lacks sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market. WASHINGTON D.C.\214 6

CONCLUSION The Commission has recognized that increased competition in interr ation al markets is beneficial and that those markets will support additional carriers. Addlitional market entry will promote lower prices, innovative services, increased customer choice, and efficient utilization of telecommunications resources. PhilCom is competing in the Philippines telecommunications marketplace and expects to support the aforementioned goals in the United States through the provision of high—quality, competitive internation al telecommunications services. A grant of PhilCom‘s application for authority for itself ar d its wholly—owned subsidiaries pursuant to Sections 63.18(e)(1) and (e)(2), therefore, will serve the public interest, convenience and necessity. Respectfully submitted, PHILCOM CORPORATION By: e A_,& LEX S. VILLAMAI President /\\ FRANCIS P. HERNANDO Treasurer Dated: 26 October 1998 WASHINGTON D.C.\214 7


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