Attachment 20170131113025-640.p

20170131113025-640.p

SUPPLEMENT

Supplement

1999-01-22

This document pretains to ITC-214-19990122-00031 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999012200031_1401458

o o o o ®W&p o GLOBAL FACILITI GLOBAL RESALE S INTERCONNECTED PRIVATE LINF LIMITED GLOBAL FACILITIES— GLOBAL RESALE SERVICE LIMITED GLOBAL FACILITIES— OA A LIMITED GLOBAL RESALE SERVICE INMARSAT AND MOBILE SATELLITE SERVI SWITCHED RESALE SERVICE A O O O TRANSFER OF CONTROL— BMARINE CABLE LANDING LICENSE INTERNATIONAL SPECIAL PROJECT Description of Application:

SWIDLER BERLIN SHEREFF FRIEDMAN, LLPCQP y 1* SBF HV D ies U3 IAKL 5 " 5 WaASHINGTON OrFICE "f"@&b¥ £ L ]Q 99 NEW YORK OFFICE 3000 K STREET, NW, SutTE 300 919 THIRD AVENUE WaASHINGTON, DC 20007—5116 NEW YORK, NY 10022—9998 TELEPHONE (202) 424—7500 TELEPHONE (212) 758—9500 FacstmiLE (202) 424—7647 January 22, 1999 FacsIMILE (212) 758—9526 BY COURIER Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251—5115 Attention: Diane Cornell, Division Chief Re: Application of International Mobile Communic ions, Inc. for Global Authority Pursuant to Section 214 of the Communicatic Act of 1934, As Amended, to Operate as an International Facilities—Based an tesale Carrier. Dear Sir or Madam: Enclosed for filing with the Commission are an original : l six (6) copies of the application of International Mobile Communications, Inc., requesting globa ithority, pursuant to Section 214 of the Communications Act of 1934, as amended, to operate as : nternational facilities—based and resale carrier between the United States and various internation points. As required by the Commission‘s Rules, a check in th imount of $780.00 is enclosed. Please date—stamp the extra copy of this application and returt in the enclosed self—addressed, stamped envelope. Any questions regarding the enclosed appl tion should be addressed to the undersigned. Respectfully subn ed, onHofpan) Andrew D. Lipman Kathleen L. Greenan Counsel for International Mobile Communications, Inc. Enclosures co: Troy Tanner, Chief, Policy and Facilities Branch, International Bureau Bruce S. Deming, Esq. 267336.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N/ In the Matter of NNN INTERNATIONAL MOBILE COMMUNICATIONS, INC. File No. ITC—98—_______ N —+—CcC—ax—199901329 10 03| NNN Application for Global Authority Pursuant to C Section 214 of the Communications Act of 1934, as amended, to Operate as an N International Facilities—Based and Resale Carrier NY Between the United States and Various NN International Points APPLICATION N International Mobile Communications, Inc. ("IMCI" 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, 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 international points. 1. The Proposed International Services IMCI requests four types of authority in this Application, all of which are eligible for streamlined processing.~ IMCI specifically 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 interests in half— circuits in U.S.—authorized facilities as well as necessary connecting facilities to provide U See Streamlining the International 214 Authorization Process and TariffRequirements, 11 FCC Red 12884 (1996) (adopting streamlined 3 5—day processing procedures for certain international resale applications) ("Streamlining Order"); 47 C.F.R. § 63.12 (1998).

international telecommunications services between the l States and ernational points except those countries excluded by the Exclusion List;* lobal author rsuant to Section 63.18(e)(2) of the FCC‘s Rules, 47 C.F.R. § 63.18(e o resell the ational switched services of all U.S.—authorized carriers to provide inte nal switche ices between the United States and all international points served by tho: riers; (3) glc ithority pursuant to Section 63.18(e)(2) of the FCC‘srules, 47 C.F.R. §6 >)(2), to rest ‘rnational private lines to provide international non—interconnected privat: services bet the United States and all international points; and (4) authority pursuant to on 63.18(e)( ‘he FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell international private li ‘erconnectec > public switched network ("PSN") at one or both ends to provide internati( vitched serv 1 all international routes on which the Commission permits such services t rovided.* [CI does notseek authority to serve countries or use facilities excluded by xclusion Lis . does not seek to serve countries in which it has a facilities—based affi IMCI‘s Apj on for authority 4/ pursuant to Section 214 is eligible for streamlined proc 2/ & IMCI only seeks authority to own circuits on facilities not excluded by the Exclusion List. 3/ The FCC will automatically amend all Section 214 authorizations to permit carriers to resell international private lines to provide international switched services between the United States and other countries as provision of such services becomes permitted by the Commission. Streamlining Order at ( 34. See also, International Settlement Rates, IB Docket 96—261, Report and Order, FCC 97—280 (rel. Aug. 18, 1997)(Benchmarks Order); Rules and Policies ofForeign Market Participation in the U.S. Telecommunications Market, IB Docket 97—142, Report and Order on Reconsideration, FCC 97—398 (rel. Nov. 26, 1997) (Foreign Market Participation Order). ‘ 4 See Streamlining Order; 47 C.F.R. § 63.12 (1998). J..

IMCI 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 IMCI is a corporation organized under the laws of the State of Maryland. IMCI is not affiliated, as that term is defined by Part 63 of the Commission‘s Rules* with any dominant U.S. carriers whose international services IMCI will resell. IMCI is affiliated, within the meaning of Section 63.18(h)(1)(i), 47 C.F.R. § 63.18(h)(1)(i), of the Commission‘s Rules, with foreign carriers that lack sufficient market power on the respective foreign end of the route to affect competition adversely in the U.S. market. Therefore, IMCI should be classified as a nondominant carrier for the provision of the services for which authority is requested in this Application, and IMCI‘s Application is eligible for streamlined processing. III. Public InterestConsiderations 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 3 47 C.F.R. §63.18(h); Market Entry and Regulation ofForeign—Affiliated Entities, Report and Order, 11 FCC Red 3875 (1995) (Market Entry Order). 33.

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 paramount goal of making available a rapid, efficient, worldwide wire and radio communication service with adequate facilities at reasonable charges."* Grant of IMCI‘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, IMCI submits the following information: (a) Name, address and telephone number of Applicant: International Mobile Communications, Inc. 4330 East—West Highway Suite 1115 Bethesda, MD20814 Tel: (301) 652—2075 Attention: President (b) Applicant is a corporation incorporated under the laws of the State of Maryland. o Id. at 6. U Id. & Id. at ( 10.

(c) Correspondence regarding this Application should be sent to: Andrew D. Lipman K; leen L. G nan SV LER BERI] SHEREFF FRIEDMAN, LLP 30 K Street . W., Suite 300 W iington, 1 >. 20007 Te (202) 94 1922 Fa (202) 42 645 wi a copy to Br 2 S. Dem :, Esq. 30 North St nd Street A1 gton, VA¥ 2201 TE (703) 242 331 Fa (703) 24. 852 (d) U i grant 0| uis Application, IMCI will become an authorized non—dominant fac ties—base! arrier andreseller with global authority, subject to Section 214 of the ommunic ons Act of 1934, as amended, and the Commission‘s Rules. IMCI lac the marl power that would allow it to control prices to the detriment of mi et compe on. (e) IV [requests ction 214 authority to operate as a facilities—based carrier pursuant to : terms an ‘onditions ofSection 63.18(e)(1) and to operate as a resale carrier pu tant toth: »rms and conditions of Section 63.18(e)(2). Specifically, IMCI rei ists: (1) g al facilities—based authority pursuantto Section 63.18(e)(1) of the FC ‘s Rules,— C.F.R. § 63.18(e)(1), to acquire interests in half—circuits in U.S.— au rized fa ties as well as necessary connecting facilities to provide int rational | ‘communications 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 FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell the international switched services of all 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 9/ & IMCI only seeks authority to own circuits or facilities not excluded by the Exclusion List. —5.

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 ro s on which the Cc nission permits such services to be provided. (£) IV [ seeks the authori :o provide only the services referenced under paragraph (e) !Section 63.18 of » Commission‘s Rules. (g) TF authority request in this Application is categorically excluded from en onmental processi as defined by Section 1.1306 of the Commission‘s Rules, 47 .FE.R. § 1.1306. such, an environmental assessment is not required for pu oses of this Applic on and is therefore not attached. (h) (1 MCI is not "affili; 1," either directly or indirectly, with any foreign carrier pu_ iant to 47 C.FE.R. 13.18(D)(1)(G). In mation regarding CI‘s 10% or greater direct or indirect shareholders is as fol ws: N: :: & 3lake SwensrudII__— Ac— ess: € 5 Boxford Way I hesda, MD20817 \__ Pe ‘ntage Held: ¢ 2M ~@g ——~ Ci snship: I A < Pr ipal Business: I rnational Cellular Communication Services (2 MCI has no interl cing officers or directors. (i) As quired by Section 18 (i) of the Commission‘s Rules, 47 C.F.R. § 63.18(i), IV [ certifies that it h; 0t 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 between the U.S. and any foreign country for which IMCI may be authorized to serve. (J) IMCI is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. IMCI‘s certification pursuant to Section 1.2002 of the Commission‘s Rules (implementing the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 3301) is attached.

CONCLUSION For the reasons stated above, International Mobile Communications, Inc. respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, By: rraseri2 Andrew D. Lipman Kathleen L. Greenan SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 945—6922 (tel) (202) 424—7645 (fax) Counsel for International Mobile Communications, Inc. Dated: January 22, 1999 245894.1

n« On behailf of Internarional Mobile Communications, Inc. and in accordance with Section 1.2001—1.2003 of the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003. I hereby certify 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. To the extent required by the Commission‘s rules, International Mobile Communications, Inc. has not agreed to accept any special concessions directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flow between the United States and various international points under the authority granted under Section 214 of the Communications Act of 1934, as amended, and the Commission‘s Rules, and has not agreed to enter into such agreements in the future. INTERNATIONAL MOBILE COMMUNICATIONS, INC. Name: § QSMQ 5&@5[« /..f Title: C/A[rmu —£ Cé.a

READ INSTRUCTIONS CAREFULLY APPROVvED 8y ome BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION 3060—052 358115 REMITTANCE ADVICE Pace vo 1 _9¢ 1 (1) LOCKBOX # paying name as appears on your Swidler Berlin Shereff Friedman, LLP $780.00 4) S NO. 1 3000 K Street, N.W. 2 Suite 300 6) Washin n 20007—5116 (Include area code) (202) 424—7500 IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS ORM 1 International Mobile Communications, Inc. 4330 East—West Highwa Suite 1115 20814 301) 652—2075 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159—C) 780 , 00 PAYER TIN |O|1 3| ale 17| ols 17| 6 PPLICANT TIN |O|s 2 | Kathleen Greenan , Certify under penalty of perjury that the information (PRINT NAME) y \ are true and correct to the best of my knowledge, infomation and belief. SIGNA hereby authonze the FCC to charge my VISA or MASTERCARD the service(s)authorizations(s) herein described. — 159 JULY 1997 (REVISED)

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