Attachment 20170124164601-570.p

20170124164601-570.p

SUPPLEMENT

Supplement

1998-11-13

This document pretains to ITC-214-19981113-00797 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141998111300797_1396563

Streamilined ITC—214—19981113—007987 XCEL COMMUNICATIONS (USA) CORPORATION Categories of Services for 214 Applications (Streamline/Non—streamline) ~—oomesomemopomscibzens ASSIGNMENT OF LICENSE a a o o o o CLOBAL FACILITIES—BASED SERVICE GLOBAL FACILITIES—BASED/GLOBAL 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 oA 0A 9. o 9 o 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:

I 61 ANN BAVENDER® mANK@ FLETCHER ANNE GOODWIN CRUMP z Fopf 1639—1985) yiNEENT a curne u8. FLETCHIIR, HEALLID‘ .. A4ILDRETH, P.L.C. ROBZRT L. HEALD RICHARD J. ESTEVEZ ATTOR IEY ; A1 LAW (1956—1983) PAUL J. FELDMAN FAUL ].P. SPEARMAN 11936—1962) ROBERT N. FELGAR® 1ith FLOOR, 13( ) N )RT 1 1: :h STREET FRANIK ROBERSON ERIC FISHMAN 1936—1961) RICHARD HILDRETH £ RLINGTON, /IRC INV 22 :09—3801 RUSJELL ROWELL FRANK R. JAZZO 1948—1977) ANDREW S. KERSTING RETIRED EUGENE M. LAWSON, JR. (70; ) 81 2—04 10 EDWAIID F. KENEHAN HARRY C. MARTIN CC NSULTANT |‘OR INTERNATIONAL AND GEORGE PETRUTSAS TE .ECOPIE! INTIRGOVERNMENTAL AFFAIRS LEONARD R. RAISH (70; ) 81 :04 i6 SHELDON J. KRYS JAMES P. RILEY 1J. S. MBASSADOR (ret ) KATHLEEN VICTORY 1 TEF NET CF COUNSEL HOWARD M. WEISS EDWARD A. CAINE* www.fht telc »mlk mcc n MITCFELL LAZARUS® * NOT ADMITTED IN VIRGINIA EDWATD S. O‘NEILL JOHN JOSEPH SMITH WR TER‘S DIRECT (793) 312—0511 Novemlier 12 1098 FEDIIRAL EXPRESS D ELIVEIY Federal Communications Commission w T. 1TC—~Z 3 ——laagiy} 20077 97 Int »rnational Bureau — Tel ‘commutic: tions Dr isi n P.(). Box 358115 Pit sbuirgh, PA 15251—5115 Re: Xcel Comnmunications (USA) Cor 101 ation Applicatior for Sectior 214 Glcba. A att ority to Opzraze as a Facilities—Based and Resale Cariier of Intert ational 1 ele co nn unications iservices Deair Madam/Sir: Submitted herewitl\ are an orig inal and fiv: c opi 2s of the above:—captioned Application for Sertion 214 Global Autho rity to O »e1 ate as a |‘ac ilit es Based and Resale Carrier of International Telecommunications Servizes, beinz f led by X cel Com nunications (L SA) Corporation A check in the amount of $780 to cover the ; pp icable fil ng fec ar d the required CC Form 159 are attached hereto. The undersigned counsel hereby requests that the enclosed ‘File Copy" of the above— captioned application be stamped with acknowledgment of receipt and returned to the undersigned in the enclosed self—addressed envelope. Should any questions arise concerning this matter, please contact the undersigned directly. Sincerely, FLETCHER, HEALD & HILDRETH, PLC &%— Richard Estevez Counsel for Xcel Communications (USA) Corporation Enclosures

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efore the FEDERAL COI NICATIONS COMMISSION Wa: ton, D.C. 20554 In re Application of No Ne N No No No N No N2 N N N N N N N N N Nt Xcel Communications (USA) Corpo File No. For Authority under Section 214 of EfE—214]=—149ga{ i 3 —o0 7 Y Communications Act of 1934, as ar o (U and Sections 63.18(e)(1) and 63.1€ +o of the Commission‘s Rules to Oper: o Facilities—Based Carrier and as a R Carrier, Including Authority to Rese ‘ate Lines Between the United States ar inada, the United Kingdom, The Netherlan Luxembourg, Norway, Denmark, F New Zealand, Australia, Germany, 3 Switzerland, Austria, Japan, Italy ar Sweden for the Provision of Switch: Services Between the United State: Those Countries ‘LICATION Xcel Communications (USZ irporation, ("Xcel") hereby requests authority, pursuant to Section 214 of the Con ications Act of 1934, as amended, 47 U.S.C. § 214, and Section 63.18(e)(1) of the Commission‘s rules, 47 C.F.R. § 63.18(e)(1), 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 all international points, and for authority under Section 63.18(e)(2) of the Commission‘s rules, 47 C.F.R. § 63.18(e)(2), to resell the international switched services of authorized U.S. common carriers for the provision of international basic switched, private line, data, television and business services to all international points, including authority to resell

international private lines between the Ur States and Canada, the United Kingc New Zealand, Australia, The Netherlar -ux_embourQ, Norway, Denmark, Fra Germany, Belgium, Switzerland, Austria, in, Italy and Sweden for the provisio switched services between the United St: ind those countries. Xcel is a corporation organized i the\laws of the state of Delaware. shareholders, directors, and officers é\re | :itizen\sf. The Company currently hold: telecommunications authorizations, and h interlocking directorates or affiliations foreign carriers. Xcel believes that there is sign t potential for continued growth in international voice, data and facsimile i s and that this market expansion wi! accelerated by additional competition by entrants. This position is consistent Commission findings that increased comp:« in international markets is beneficial. { e.g., Teltec Saving Communications Co., :0 No. 3548 (released April 4, 1986), cases cited therein. The Commission als ind that the market will support additi carriers and that the added competition a in the public interest. Accordingly, Commission has authorized new entrants tnat propose to resell international services. 1u. See also FTC, Inc., 6 FCC Red 2237 (1991). Xcel proposes by this application to provide international switched and private line services from the United States to international points through 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 inures to the

3 public interest and benefit.‘ Grant of this application would service the Commission‘s purposes and accord with the Commission‘s commitment to open entry to the U.S. resale market. Moreover, many carriers provide international services in the U.S., including AT&T, MCI, Sprint, and others. By the instant application, Xcel seeks authority to resell international private lines between the United States and Canada, the United Kingdom, New Zealand, Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Switzerland, Austria, Japan, Italy and Sweden for the provision of international switched services between the United States and those sixteen countries. In Regulation of International AccountingRates, 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 nurnerous public interest benefits, including increased demand, reduced prices, the virtual elimination of price discriminations, and the exertion of pressure to reduce above—cost international accounting rates. More recently, the Commission has determined that Canada, the United Kingdom, New Zealand, Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Switzerland, Austria, Japan, Italy and Sweden afford such "equivalent opportunities" and granted the applicatié)ns of companies to provide resold interconnected private line services between the United States and those countries. FONOROLA/EMI Order, 7 FCC Red 7312 (1992), recons., 9 FCC Red 4066 (1994); ACC Global Corporation, 9 FCC Red 6240 (1994); Cable & 1 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.

4 Wireless Inc., 11 FCC Red 1766 (1996). See also Intermedia Communications of Florida, Inc., 9 FCC Red 3264 (1994); Communications TeleSystems International, 11 FCC Red 17471 (1996); Cable & Wireless, Inc., DA 97—2554, released December 17, 1997; FCC Public Notice, Report No. TEL—00021, released October 22, 1998, page 4. Xcel 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 authorization will therefore further the public interest. In support of Xcel‘s request for authorization, the following information is submitted pursuant to Section 63.18 of the Commission‘s rules, as amended, 47 C.F.R. § 63.18 (1996): (a) Name and address of Applicant: Xcel Communications (USA) Corporation 290 Franklin Street, #201 Buffalo, NY 14202 Attention: Marshall Weinstein, President Telephone No. (716)855—0535 (b) Applicant is a corporation organized under the laws of the state of Delaware. (c) Correspondence concerning this Application should be sent to: Paul J. Feldman, Esq. and Richard J. Estevez, Esq. Fletcher, Heald & Hildreth, PLC 1300 North 17th Street, 11"" Floor Arlington, Virginia 22209 Telephone No. (703) 812—0400

With a copy to: Marshall Weinste resident xXcel Communica (USA) Corporation 290 Franklin Stre 201 Buffalo, NY 142C Telephone No. (i 55—08535 (d) Applicant has nc viously received authority | * Section 214 of the Communications f1934, as amended. By gr: this application Xcel would become a 1 )minant international comm rrier for the provision of interexchange ce, subject to Section 214 \ : Act. (e) Xcel hereby requ section 214 authority to opt as a global facilities— based carrier pur : to the terms and condition: ection 63.18(e)(1) of the rules, and as iternational resale carrier ¢ ant to the terms and conditions of Sec 33. 18(e)(2) of the rules. TF :horization sought in this application n usedto extend Xcel‘s tele nunications services from the United : s to international points wt ‘cel seeks to serve. Applicant propos resell international private between the United States and Canci._., :he United Kingdom, New ceaiand, Australia, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Switzerland, Austria, Japan, Italy and Sweden for the provision of international switched services between the United States and those sixteen countries. As noted elsewhere in this Application, the Commission has previously determined that equivalent resale opportunities exist between these countries and the United States. U Xcel is not requesting authorization to construct any international facilities

6 betwe 3 poir * which it is applying to provide resold services. (g) Does »ply ( sant is not seeking facilities—based authority pursuant to Sec 3. 18. } (h) See a »d cel tion. (1) See a »d cel tion. (J) See a »d cel tion. (k) See a >d list )% or greater shareholders. Conclusion As demonstr n this ication, Xcel is legally qualified to provide the service for which it requests ority. he reasons stated above, Xcel submits that the public interest, convenien: d nec y would be furthered by a grant of this Section 214 application. The re! ed at zation should therefore be issued to Xcel to enable it to provide internatio asic s! 2d, private line, data, television and business services to all international p purst > Section 63.18(e)(1) of the Commission‘s rules, and pursuant to Sectior 18(e)( the Commission‘s rules, to resell the international switched services c. auunorize. .4. common carriers for the provision of international basic switched, private line, data, television 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, The Netherlands, Luxembourg, Norway, Denmark, France, Germany, Belgium, Switzerland, Austria, Japan, Italy and Sweden for the provision of switched services between the United States and those countries.

CERTIFICATION Applicant hereby certifies that is 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. The shareholders, officers and directors of Applicant are all U.S. citizens. Applicant 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. Marshall Weinstein, President Xcel Communications (USA) Corporation 290 Franklin Street, #201 Buffalo, NY 14202

CERTIFICATION Pursuant to Section 1.2002 ofthe Commission‘s Rules, Xcel Communications (USA) ,Corporation, 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 in Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 853a. See 6 FCC Red 7551 (1991). By: Xcel Communications (USA) Corporation 290 Franklin Street, #201 Buffalo, NY 14202

DECLARATION 1, Marshall Weinstein, am President of Xcel Communications (USA) Corporation. 1 have read the foregoing Section 214 Application and hereby declare, under penalty of perjury, that all statements contained therein are true and correct. Alee oue: 1to ILPP

Section 214 Application Ten Percent or Greater Shareholders ofXcel Communications (USA) Corporation 1. Domino USA, Inc.* Citizenship: New York Corporation 100% Equity Interest in Xcel Communications (USA) Corporation Principal Business: Financing company * Domino USA, Inc. is wholly owned by Rino Group, Inc., a New York corporation, which is wholly owned by Mr. Marshall Weinstein, a U.S. citizen.


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