Attachment 20170202134423-590.p

20170202134423-590.p

SUPPLEMENT

Supplement

1999-02-23

This document pretains to ITC-214-19990223-00117 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999022300117_1413162

C i)ASSIGNMENT OF LI( ENSE Cp / GLOBAL FACILITIE S—BASED SE vd) CLOBAL FACILITIE S—BASED/GLOB C GLOBAL RESALE SEF VICE o INDIVIDUAL FACIL ITIES—BASEL C INTERCONNECTED PR IVATE LINE RESA o LIMITED GLOBAL FA CILITIES—BASED CLOBAL RESALE SERVICE LIMITED GLOBAL FACILITIES-FA.~T LIMITED GLOBAL R ESALE SERVIC INMARSAT AND MOB ILE SATELLITE SERVIC SWITCHED RESALE SERVICE TRANSFER OF CONTROL SUBMARINE CABLE LANDING LICENSE INTERNATIONAL SPECIAL PROJECT Description of Application:

SWIDLER BERLIN SHEREEF FRIEDMAN, LP WASHINGTON OFFICE NEw YoRr¢ OFFICE 3000 K STREET, NW, SUtTE 300 919 THIRC AVENUE WASHINGTON, DC 20007—5116 NEW YORK, NY 10022—0998 TELEPHONE (202) 424—7500 Februcry 23 1999 TELEPHONE (212) 758—9500 FACSIMILE (202) 424—7647 FACSIMILE (212) 7589526 VIA COURIER Federal Communications Commission International Bureau Telecommunications Divis on COFP"Y P.O. Box 358115 Pittsburgh, PA 15251—5115 Re: Application ofSea Breeze Commuricction Compa for G.obal Authority Pursuant to Section 214 ofthe Communicat ons Act of 193 is Amended, to O jerate as an International Facilities—based Cairier cnd as an emiat. onal Resale Currer Dear Sir or Madari: Enclosed for filing with the Commission ar: an ori, il and six (6) copies of the application of Sea Breeze Communication Compay, requesti global authority, pursuant to Section 214 of the Communications Act of 19.34, as amende o operate as an intern: tional facilities—based car.‘ier and as an international res:ile carrier betw the United States an 1 various international point:. As requirec! by the Commission‘s Rules, a check in the 101 nt of $780.00 is nclosed. Please date—stamp ‘he extra copy of this application and return 1 the enclosed self—addressed, stamped envelope. Any questions regarding the (enclosed apj ati>n should be addressed to Anthony Hansel at (202) 424—7854. Resectfully subm 1, 4 — ¢ ,/.’ bec» , * rA bet rasf /4"’” ~ 7 5t a «*4 a es 4. _« Andrew D. Lipman Anthony Hansel Counsel for Sea Breeze Communication Company Enclosures £G: Philip D. Wright 2711321

I : the FEDERAL COMMT iTIONS COMMISSION Washiny D.C. 20554 ) In the Matter of ) ) SEA BREEZE COMMUNICATION ) COMPANY ) File No. ITC—99—_____ ) Application for Global Authority Pursuant ) Section 214 of the Communications Act ) of 1934, as amended, to Operate as an ) International Facilities—Based and Resale C; ) Between the United States and Various ) International Points ) ) API ATION Sea Breeze Communication Compat sa Breeze" or "Applicant"), by its undersigned counsel, hereby requests "global" authorit) er Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, and S 1 63.18 of the Cqmmission's Rules, 47 C.F.R. § 63.18 (1996), to provide international tel: nunications services between the United States and international points other than those ex 1 by the Exclusion List. I. The Proposed International Services Sea Breeze requests four types of authority in this Application, all of which are eligible for streamlined processing.*‘ Sea Breeze 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 1/ 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) ("Streaml/ining Order"); 47 C.F.R. § 63.12 (1996).

3. in half—circuits in U.S.—authorized facilities as well as necessary connecting facilities to provide international telecommunications 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 ofall U.S.—authorized carriers, other thanthoseaffiliated carriers with market power on a particular route, to provide international switched services between the United States and all international points served by those carriers except those countries excluded by the Exclusion List; (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 privatelines to provide international non—interconnected private line services between the United States and all international points except those countries excluded by the Exclusion List; and(4) 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 interconnected to the public switched network ("PSN") at one or both ends to provide international switched services on all international routes on which the Commission permits such services to be provided.*" As Sea Breeze does not seek authority to serve countries or use facilities excluded by the Exclusion List, and does not seek to 2/ Sea Breeze only seeks authority to own circuits on facilities not excluded by the Exclusion List. ¥ 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 of Foreign 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).

—3. serve countries in which it has a facilities—based affiliate, Sea Breeze‘s Application for authority pursuant to Section 214 is eligible for streamlined processing.*‘ Sea Breeze believes that the added competition its entry will bring to the market will benefit United States consumers of international telecommunications services. 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 Sea Breeze is a privately held corporation organized under the laws of the State of Delaware. Sea Breeze 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 Sea Breeze will resell. Sea Breeze is not 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 any foreign carriers. Therefore, Sea Breeze should be classified as a nondominant carrier for the provision of the services for which authority is requested in this Application, and Sea Breeze‘s Application is eligible for streamlined processing. 4 See Streamlining Order; 47 C.F.R. § 63.12 (1996). 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).

III. Public Interest Considerations 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 (:ompe:tition 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 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 Sea Breeze‘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. o Id. at [ 6. 4 Id. & Id. at § 10.

—5. IV. Information Required under Section 63.18 As required by Section 63.18 of the Commission‘s Rules, Sea Breeze submits the follow— ing informatio (a) me, address and telephone number of Applicant: 2 Breeze Communication Company ). Box 2256 chita, Kansas 67201 I: (316) 828—5500 x: (316) 828—7664 (b) plicant is organized under the laws of the State of Delaware. (c) rrespondence concerning this application should be sent to: drew D. Lipman, Esq. thony Hansel, Esq. TDLER BERLIN SHEREFF FRIEDMAN, LLP )0 K Street, N.W., Suite 300 ishington, D.C. 20007 : (202) 424—7500 x: (202) 424—7645 h a copy to: ilip D. Wright, Esq. i Breeze Communication Company ). Box2256 chita, Kansas 67201 _: (316) 828—5524 Fax: (316) 529—6337 (d) Upon grant ofthis Application, Sea Breeze will become an authorized non—dominant facilities—based carrier and reseller with global authority, subject to Section 214 of the Communications Act of 1934, as amended, and the Commission‘s Rules. Sea Breeze lacks the market power that would allow it to control prices to the detriment of market competition. (e) Sea Breeze requests Section 214 authority to operate as a facilities—based carrier pursuant to the terms and conditions of Section 63.18(e)(1) and to operate as a resale carrier pursuant to the terms and conditions of Section 63.18(e)(2).

—6— Specifically, Sea Breeze 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 international telecommunications services between the United States and all international poir ts except those count * ; ericluded by the Exclusion List;*‘ (2) global authority p irsuart to S:et on 63.1{ (2) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), to res »I1 the internat: onal swi 2d services of all U.S.—authorized carriers, other thar those af iliated cuarriers w ma ‘ket p>ow »r on a particular route, to provide international switch:d services we>n the United States and all international points served by those ca—riers ex t thos: c juntries excluded by the Exclusion List; (3) glol>al authority pursuant to tion 63. L8(2e)(2) of the FCC‘s rules, 47 C.F.R. §63.18(e)(2), to resell internati 1 private lir es o provide international non—interconnect2d private line services ween the U nited States and all international points excep t thos : courntri:s exclud by the E::clusion List; and (4) authority pursuant Sectior. 6: . 1{i(e)(2; of the FCC tul2s, 47 C.F.R. § 63.18(e)(2), to resell international pr.vate lines interconn ad to the public switched network ("PSN") at one or totli ends to provide int ation:l switched services on all international routes on v‘hich the Comt iission p lits such services to be provided. 0) Sea Breeze seeks authority in this App ication to provide only vices refere nced under paragraph (e) of Section 63.1.8 of the Comtaiisiion‘s Ri (g) The authority requested in this Applicat on is categorica er:cluded from environmental processing as defined. by Section 1.130) of the C mission‘s Rules, 47 C.F.R. § 1.1306. As such, an environriental assessment no: require 1 for purposes of this Application and is therei‘ore: not : tta :hed. 9 Sea Breeze only seeks authority to own circuits on facilities not excluded by the Exclusion List.

—J> (b) Sea Breeze is not "affiliated," either directly or indirectly, with any foreign carrier as that term is defined in the Commission‘s Rules."" Information regarding Sea Breeze‘s 10% or greater direct or indirect shareholders is as follows: Name: Koch Ventures, Inc Address: P.O. Box 2256 Wichita, Kansas 67201 Percentage Held: 100% Citizenship: United States Principal Business: Private Equity Investment Activities Information regarding Koch Ventures, Inc.‘s 10% or greater direct or indirect shareholders is as follows: Name: Koch Capital Services, Inc Address: P.O. Box 2256 — Wichita, Kansas 67201 Percentage Held: 100% Citizenship: United States Principal Business: Maintain and optimize the excess financial capital of Koch Industries, Inc. and provide value added capital markets products and services. Information regarding Koch Capital Services, Inc.‘s 10% or greater direct or indirect shareholders is as follows: Name: Koch Industries, Inc Address: P.O. Box 2256 Wichita, Kansas 67201 Percentage Held: 100% Citizenship: United States Principal Business: Oil and Gas Informatién regarding Koch Industries, Inc.‘s 10% or greater direct or indirect shareholders is as follows: Name: Charles Koch Address: P.O. Box 2256 Wichita, Kansas 67201 Citizenship: United States 10/ 47 C.F.R. §63.18(h)

—g— Name: David Koch Address: 161 East 42"" Street ' New York, New York 10017 Citizenship: United States Name: Trof, Inc. Address: 7600 West Tidwell, Suits £00 Houston, Texas 77040 Citizenship: United States Principal Business: Investments Sea Breeze does not have any interlockitig «dire cturates to onl . ) As required by Section 63.18 (i) of the Comunis i0 1‘s Rule: 7 C.F §63.18(i), Sea Breeze certifies that it has not agreed to acept nor sha acce] i the future any special concessions, as defined by tie Commissio R ule directly or indirectly from any foreign carrier or adniin stration wi ‘es Jec ) trafiic or revenue flows between the U.S. and any fore ig1 .cc untry foi aic 1 S 3reez: may be authorized to serve. 0 Sea Breeze is not subject to a denial of Fed:ra bemefits pl tant tc «ction 5301 of the Anti—Drug Abuse Act of 1988. S:a Brceze‘s ce 4c tic ursu; nt to Section 1.2002 of the Commission‘s Rules (i np en enting tt nt —D Abuse Act of 1988, 21 U.S.C. § 3301) is attached.

9. CONCLUSION For the reasons stated abéve, Sea Breeze Communication Company respectfully submits that the public interest, convenience, and necessity would be furthered by a grant Qf this Section 214 Application. Respectfully submitted, 5 44 a By: = /W/”%‘7 C;fizy,c/é/ Andrew D. L’if)man Anthony Hansel SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 424—7854 (tel) (202) 424—7645 (fax) Counsel for Sea Breeze Communication Company Dated: February 23, 1999 269528.1

CERTIFICATION OF APPLICANT On behalf of Sea Breeze Communication Company, and in accorcanc: with Section 1.2001—1.2003 of the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I he eb ce tify that no party to this Application is subject to a denial of Federal benefits that include: FCC jenecfits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S C. § 8533a I also hereby certify that the statements in the foregoing Application for Section 214 author ty ire true, complete, and correct to the best of my knowledge and are made in good fai h. To the extent required by the Commission‘s rules, Sea Breeze Commu nic itio 1 C »m;fany has not agreed to accept any special concessions directly or indirectly from an» fo eig n c:rrier or administration with respect to traffic or revenue flow betweer, the United Statrs ind var ous international points under the authority granted under Section 214 of the Com nui ica ion ; Act of 1934, as amended, and the Commission‘s Rules, and has not agreed to enter in :o s ich agreemznts in the future. SEA BREEZE COMMUNICA!" IO N C OM [PANY By: @@_L_‘L%{fi_ Name: FA:_/;Q D. liz‘_t\_:'fit tite Vign Possufen__ Date: i[’/ 4. 2te6

mArk—1i5s—y9Y9 11: l1 FROM: SWIDLER BERLIN SHEREFF FR ID : 2024247645 PAGE 2/ 2 SWIDLER BERLIN SHEREFT‘ I IEDMAN, ur 3000 K STREET. NW, SUr £ 3 WASHINGTON, DC 20007 —51 TELEPHONE (202)424—7 506 FACSIMILE (202) 424—70 + (202) 424—7 45 NewYorK OFrFiCE 919 "HIRD AVENUE Nz7 YORK, NY 13022 —995§ March 1.5, 1999 VIA FACSIMILE Ms. Fran E. Eisenstein International Bureau Federal Communications Commission 2000 M Street, N.W., 8th Floor Washington, D.C. 20554 Re: Application of Sea Breeze Commun catior. C pany for Section 214 Intepational Global Facilities—Basec Auth oi inc. Global Resale Authority . Dear NMis. Eisenstein: As you know, Sea Ereeze Communication Comp:iiny Sei Breeze") f lec anapplication for Seciion 214 internationa . global facilities—based autho: ity d global resale auhority with the Commuission on Febmuary 23, 1999. You requested ‘nforn ati regarding any entities holding ten percent (10%) or greater, d rect or indirect, ownership niie in Trof, Inc. ("Trof"). in response, the following shareholder hods tei ; en: (10%) or greater, direct or indireci, ownership interest in Trof:. Name: E. Pierce Marshail Address: 5917 Club Oaks Driv: Dallas, Texas 75248 Citizenship: United States Please call me at (202) 424—7854 ifyou have any questions or need additional information regarding this matter. Very truly yours, Anthony Hansel Counsel to Sea Breeze Communication Company cc: Philip D. Wruight 273530.1


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