Attachment 20170207112825-633.p

20170207112825-633.p

SUPPLEMENT

Supplement

1999-03-02

This document pretains to ITC-214-19990302-00194 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999030200194_1415424

_Categories of Services for (Streamline/Non—st C LSIGMHENT OF LICENSE C GLOBAL FACILITIES—BASED S S LOBAL FACILITIES—BASED/GLOB. SAl LOBAL RESALE SERVICE NDIVIDUAL FACILITIES—BAS ERVICE ILNTERCONNECTED PRIVATE LIEE SERVIC LIMITED GLOBAL FACILITIES— E ERVICE/I GLOBAL RESALE SERVICE EIKITEB GLOBAL FACILITIES—BASED SERVICE IMITED GLOBAL RESALE SERVICE NMARSAT AND MOBILE SATELLITE SERVICE WITCHED RESALE SERVICE TRANSFER OF CONTROL SUBMARINE CABLE LANDING LICENSE INTERNATIONAL SPECIAL PROJECT 0/7/1/ JK/A/ i?/émg/m 2 L2 Pas s fl. [)0/1 /70%)/75@7[0\ 114\’/ ; / (/6(”4,/ &Mam)/ /{)/’M (Al, ./ “ f > 2 al /k%/fi‘/) wé/'@( M»)

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP WaASHINGTON OFFICE N:w YoORK OFFICE 3000 K STREET, NW, SutTE 300 _ 919 THIRD AvENUE WaASHINGTON, DC 20007—5116 i:A 5 ag NEWYORK NY 100225998 TELEPHONE (202) 424—7500 C AAIQ TELEPHONE (2.2) ©58—9500 FaAcsiMILE (202) 424—7647 saase f e FACUIMILE (2 .2) "58—9526 Mar :h 2, 1999 VIA COURIER Magalie Roman Salas, Esq., Secretary Federal Communications Commission International Bureau P.O. Box 358115 Pittsburgh, PA 15251—5115 Re: A »plication of KPN Internatiot al Developineit, nc. for Global Auth >rity Pursuant to Section 214 of the Coramun ca ions Act of 1934, As Amend2d, to Operate as an International Facilities—bssed C an ter and a ai I: teinational Resal C arrier Dear Ms. Salas: Enclosed for filing with the Cominissic n ire in onzin il ind six (6) copizs of the application of KPN International Development, Inc. requ ‘st ng global aith »riy to operat: a:; ann international facilities—based c arrier and as an international res ale carrier t styreen the United Stat:s and various international poiunts pursuant to Section 214 0:‘ th: C ommini :at ors Act of 19.}4, as amended. As required by the Commission‘s Rules, a ‘heck in the im »uit of $780.00 is en :losed. Please date—stamp the e::tra copy of this application : nc re urn it in the eticlosed self ad Iressed, stamped envelope. Any qiuiestions regarding the enclose 1 a »plicatio1 sl ou Id 3e addressed tc th : undersigned. F.es »ectfully su »m tted, k z /Zton bu* Adam L. Kupetsky Michael P. Donahue Counsel for KPN International Development, Inc. Enclosures gc: Troy Tanner (FCC) 258320.1

0105751 SWIDLER BERLIN SHEREFF FRIEDMAN, LLP Ffy rinst unionnationat eank 3000 K STREET, N.W., SUITE 300 NO. WASHINGTON, DC 20007 15—122/540 105751 xxEXACTLYx*xxx*x*x*«78O*xDOLLARS AND*xOOxCENTS DATE AMOUNT 02/28/99 $$$$$780 .00 ray FEDERAL COMMUNICATION GENERAL ACCOUNT t COMMISSTION TWO SIGNATURES REQUIRED ABOVE $10,000 ORDLR —J—A2R eal 20575 1 20540012 20 203000006 4 36 31°

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the t of ) ) KPN RNATIONAL ) DEVI MENT, INC. ) ) Applic for Global Authority Pursuant ) File No. ITC—214—199903__— s to Sec 14 of the Communications Act ) 6f: 193 amended, to Operate as an $ Intern; 1 Facilities—Based and Resale 0 Carrie veen the United States and ) Variot rnational Points ) ) APPLICATION — International Development, Inc. ("KPN Development" or "Applicant"), by its unders counsel, hereby requests global authority, under Section 214 of the Communications Act of as amended, 47 U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.1 rovide international facilities—based and resale telecommunications services between the Un tates and international points. I. mary Development is a Delaware corporation that is wholly owned by KPN International Development BV ("KPN International"), a Dutch telecommunications corporation. In this application, KPN Development requests four types of authority, all of which are eligible for streamlined processing. KPN Development respectfully requests: (1) global facilities—based authority, (2) global authority to resell international public switched services of all U.S.—authorized carriers, (3) global authority to resell international private lines to provide international non—

interconnected priyate line services, and (4) authority to resell international private lines interconnected to the public switched network at one or both ends to provide international switched services on all international routes on which the Commuission permits such services to be provided now and in the future. Prior to exercising any Section 214 authority resulting from approval of this application, KPN Development will become a wholly—owned subsidiary of KPNQwest, a joint venture between KPN Telecom BV, a Netherlands corporation, and Qwest Communications Corporation ("Qwest"), a Delaware corporation. KPN Development will continue to operate as a provider of international telecommunications services, and does not intend to assign its Section 214 authority. KPN Development believes that the added competition its entry will bring to the market will benefit the consumers of U.S.—overseas services, by among other things, encouraging competitive pricing and creating moreservice options. Therefore, grant of this application serves the public interest. II. INFORMATION REQUIRED BY SECTION 63.18 (a) Name, address, and telephone number of Applicant: KPN International Development, Inc. Rockefeller Center, Suite 2212 1270 Avenue of the Americas New York, N.Y. 10020 212/246—1818 (b) KPN Development is a corporation organized under the laws of the State of Delaware.

(c) Correspondence concerning this Application should be sent to: Adam L. Kupetsky Swidler Berlin Shereff Friedman, LLP 3000 K Street, N.W., Suite 300 Washington, D.C. 20007 202/424—7500 (Telephone) 202/424—7645 (Facsimile) with a copy to: Sharon Bywater KPN International Development 12026 Harmmden Court Oakton, VA 22124 (d) KPN Development has not previ rec ed See in 214 authorization from the Commission. KPN Developmen ilis KPN ernational Network Services, Inc. ("KPN INS"), has previou cert 1 Sect 214 authorization from the Commission.‘‘ KPN Developmer ese y class »d as a dominant carrier on the U.S.—Netherlands route only.* (e) KPN Development requests Sec 14 chority operate as a facilities—based carrier pursuant to the terms cor ions . Section 63.18(e)(1) of the Commission‘s Rules and to ope s a sale c er pursuant to the terms and conditions of Section 63.18(e)(2 eci ally, k J Development requests: (1) global facilities—based authority ant 0 63.11 )(1) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(1), to acquire »stt i U.S. thorized facilities as well as necessary connecting facilities to lei rmatio telecommunications services between the United States and nte tional »ints except those countries V¥ KPN US Inc., Order, Authorization and fice 13 F(C Red 2345, FCC Docket No. ITC—97—82 (effective Jan. 30, 1998) (authority to provide facuities—based and resold services between the U.S. and The Netherlands); FCC Docket No. ITC—997—301, DA—997—1509 (effective July 7, 1997) (limited global facilities—based authority to all points except The Netherlands, Indonesia, and Hungary); FCC Docket No. ITC—T/C—19980911—0063, DA No. 98—2025 (effective Oct. 2, 1998) (approval ofpro forma transfer of license from KPN US Inc. to KPN INS) & See Application of KPN US Inc., Order, Authorization and Certificate, 13 FCC Red 2345, FCC Docket No. ITC—97—82, J 37 and 41 (effective Jan. 30, 1998) (finding competitive opportunities exist for U.S. carriers in The Netherlands, but deeming KPN US dominant on U.S.—Netherlands route).

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 cartiers: (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 betw i the Uni States and all authorized international points; and (4) authority pur: nt to Sec 163.18(e)(2) of the FCC‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell in aational; ate lines interconnected to the public switched network at one or bot nds to p1 ide international switched services on all international routes on whi! the Comt sion permits such services to be provided now and in the future. (£) KPN Development seeks the authority to p ide only : services referenced under Paragraph (e) of Section 63.18 of the Con ission‘s F 29. (g) The authority requested in this applicatior categori« y excluded from environmental processing, as defined by S« on 1.130 fthe Commission‘s Rules, 47 C.F.R. § 1.1306. As such, an envirc aental as sment is not required for purposes of this application and, therefore : not attac d. (b)(1) KPN Development certifies that certain 0: s affiliate «wn or control facilities in destination countries covered by this appli ion. Hor ‘er, except as stated in this application, KPN Development‘s affiliate lo not ha market share greater than 50% in any relevant market in any destina n country cluded in this application. Pursuant to Section 63.18(h)(1) ofthe Com ssion‘s R ‘s, 47 C.F.R. § 63.18(h)(1), KPN Development states that it is affi ted, witk the meaning of Section 63.18(h)(1)(i) of the Commission‘s Rules, th entitie: at are, or may be argued to be, "foreign carriers" under Section 63.18 (1)(ii), in 2 following countries: e The Netherlands (WTO Member): KPN Tel m BV provides facilities— based basic telecommunications se cesin the »therlands. KPN Telecom BV also owns 18.7% of Infonet Se ses Corpc on Inc, a provider of data communications services. Uniso ie Busine Networks BV, a wholly owned subsidiary of Unisource N.V., of which KPN Telecom BV owns 33%, owns 100% of Unisource Business Networks Netherlands BV, which provides data transmission and other services. — © Germany (WTO Member): Unisource N.V. owns 80% of TMG GmbH Germany, which provides data transmission and other services. © Spain (WTO Member): Unisource N.V. owns 100% of Unisource Espana SA, which provides data transmission and other services. 4

Switzerland (WTO Member): Unisource N.V. owns 100% of (i) Unisource Business Networks Schweiz AG and (ii) Unisource Carrier Services AG, which provide data transmission and other services. Sweden (WTO Member): Unisource N.V. owns 100%of Unisource Carrier Services Northern Europe AB, which provides data transmission and other services. Unisource Business Networks BV owns 100% of Unisource Business Networks Sverige AB, which provides data transmission and other services. France (WTO Member): Unisource Business Networks BV, a wholly—owned subsidiary ofUnisource N.V., owns 100% of SIRIS SaS, which provides data transmission and other services. Italy (WTO Member): Unisource Business Networks BV, a wholly—owned subsidiary of Unisource N.V., owns 100% of Unisource Italia SpA, which provides data transmission and other services. United Kingdom (WTO Member): Unisource Business Networks BV, a wholly—owned subsidiary of Unisource N.V., owns 100% of Unisource Holding (UK) Limited, which holds resale and facilities—based licenses and provides international telecommunications services. Belgium (WTO Member): KPN Telecom BV owns 100% of Unisource Belgium NV, which providesdata transmission and other services. Hungary (WTO Member): —KPN Telecom BV owns 50% ofJasz—Tel Ltd. _ Telecommunikacios, a provider of local telecommunications service in the region of Jaszag, Hungary and 30% of Pannon GSM, a competitive provider of mobile telephonyservices. KPN Telecorm BV also owns 49% ofPantel, a provider of value—added data and business telecommunications services throughout Hungary. Pantel is not permitted to compete with MATAV, the incumbent provider of basic public voice services in Hungary. Luxembourg (WTO Member): KPN Telecom BV owns 49.8% of Unisource Business Networks Luxembourg S.a.r.l, which provides data transmission and other services. Czech Republic (WTO Member): KPN Telecom BV owns 20.3% of SPT Telecom s.r.0., which provides telecommunications services in the Czech Republic.

After KPN Development becomes a wholly—owned subsidiary of KPNQwest, KPN Development will also be affiliated, within the meaning of Section 63.18(h)(1)(i) of the Commission‘s Rules, with entities that are, or may be argued to be, "foreign carriers" under Section 63.18(h)(1)(ii), in the following countries: @ United Kingdom (WTO Member): Qwest Communications International Ltd. is authorized provides international telecommunications services in tlhie United Kingdom. Except as described below, KPN Development affiliates in cach of thes : c juntrics do not have the ability to discriminate against unaffiliated U.S. internatio ial carriers through bottleneck services or otherwise to exercise market power in ary lestination country covered by this application. For purposes of this applicatioi, KPN Development agrees to be regulated as dominant on the U.S.—Netherlancs 10ute. (B)(2) Prior to KPN Development becoming a wholly—owned subsidiary ofKPN Qivest, the following entities hold a ten percent (10%) or greater direct or indirect ow nersh p interest in KPN Development: (1) Name: KPN International Development BV Address: P.O. Box 30000 2500 GD The Hague Netherlands Telephone Number: 212/246—1818 Facsimile Number: 212/246—1905 Citizenship: Netherlands Principal Business: Holding company

(11) Name: KPN Telecom BV + Address: P.O. Box 30150/AB 6th Floor 2500 GD The Hague The Netherlands Telephone Number: 31 70 343 4343 Citizenship: The Netherlands Principal Business: Telecommunications (ii) Name: KPN NV Address: P.O. Box 15000 9700 CD Groningen The Netherlands Telephone Number: 31 703323252 Facsimile Number: 31 70 332 2888 Citizenship: The Netherlands Principal Business: Holding Company (iv) Name: The i te of The Netherlands Citizenship: The 1 herlands Principal Business: Gove nent After KPN Development becomes _ wholly—owned subsidiary of KPNQwest, the following entities will also hold a ten percent (10%) or greater direct or indirect ownership interest in KPN Development: (i) Name: KPNQwest 4 Address: Prinses Beatrixlan 9 The Netherlands Telephone Number: 31 70 343 4151 Facsimile Number: 31 70 332 9955 Citizenship: The Netherlands Principal Business: Telecommunications 3¥ KPN International Development BV will not hold any interest in KPN Development after KPN Development becomes a subsidiary of KPNQwest. 7

(i1) Name: Qwest Communications Corporation Address: 555 17" Street Denver, Colorado 80202 Telephone Number: 303/291—1400 Facsimile Number: 303/992—1723 Citizenship: Delaware Principal Business: Telecommunications (iii) Name: Qwest Corporation Address: 555 17" Street Denver, Colorado 80202 Telephone Number: 303/291—1400 Facsimile Number: 303/992—1723 Citizenship: Colorado Principal Business: Telecommunications (iv) Name: Qwest Communications International Inc. Address: 555 17" Street Denver, Colorado 80202 Telephone Number: 303/291—1400 Facsimile Number: 303/992—1723 Citizenship: Delaware Principal Business: Telecommunications (v) Name: Anschutz Corporation Address: 555 17" Street Denver, Colorado 80202 Telephone Number: 303/298—1000 Facsimile Number: 303/298—8881 Citizenship: Delaware Principal Business: Transportation, telecommunications, natural resources, real estate and sports entertainment (vi) Name: Phillip F. Anschutz Address: 555 17"" Street Denver, Colorado 80202 Telephone Number: 303/298—1000 Facsimile Number: 303/298—8881 Citizenship: United States Principal Business: Transportation, telecommunications, natural resources, real estate, and sports entertainment Interlocking directorates: KPN Development has no interlocking directorates. 8

(bh)(3) KPN Development certifies that it is not affiliated with any U.S. carriers whose facilities—based services it proposes to resll. (1)(7) Except as indicated below, KPN Development‘s foreign affiliates lack a 50% market share in the international transport ar d local access t kets on the foreigr. end cf the route(s) and, thus, lack sufficient mmaike! power o 1 t} > rc utes to affect cometition adverselyin the U.S. market. For purposes of this )lication, KFN Developinent assumes that its affiliate in The Netherlands, KFN ecom BV, has a greazer than 50% mar cet share in one or more rele vaiit markets i1 ae :Netherlards and that {PN Developinent‘s affiliate in Hungery, Jasz—Tel Lid., s a greater than 59% murket share in one local acciess market in Hunjyary. Fo1 th ‘asons specified below, |{PN Developinent will abide by dominan:: carrier reqt ire nts or the Netherl inds route. (h)(8) KPN Developraent accedes, at this tinie, to be tre d as dominant or. the U.S.— Netherlandsroute. K?N seeks non—d m inant treatm on all other routes, in luding ~~_the U.S.— TJungary route, KPN‘s affiliate, KPN T :le a E V, is selling its interest in Jasz—Tel Ltd.*4 Accor dmgly, KPN vill 10 lorge be filiated with ar. er tity with a greater tt an 50% maiket share on ary route in H un y. By the attachec! certi:ication, KPN Developmient c fies that it has no : agreed to accept ncr shall it acc spt in the future: ar y special co :ssions, as diefined in Section 63.14(b) of the Comriission‘s Rules, directly or inc ctlh: fiom any foreigr carrier or admin stration wit 1 respect to traific or reven 1e ws on any U.S. in :ernational route whire the foreig n carrier posse se; sufficie it 1 ‘ke: power on the foreigr end of the route to effect competition adversely ir. th: L ied Stites market. G) By the attached certification, KPN D :velopmint rtilies that no party to this applicaticn is subject to a denial of F2deral benelits rsuant to Secticn : 301 of the Anti—Drug Abuse Aci of 1988. IV. CONCLUSION For the reasons stated above, KPN International Development, Inc. respectfully submiits that the public interest, convenience, and necessity would be furthered by grant of this Section 214 Application and that KPN International Development, Inc. should be classified as non—dominant for 4/ See Matel buys Hungary local telephone firm JaszTel, REUTERS [WN] Feb. 26, 1999. 9

the provision ofthe services authorized under the Section 214 authority requested herein, except as specified herein. Respectfully submitted, KPN INTERNATIONAL DEVELOPMENT, INC. + len Nepoot Adam L. Kupetsky SWIDLER BERLIN SHE DMAN, LLP 3000 K Street, NW., Suite 300 Washington, D.C. 20007 202/424—7500 Its Counsel Dated: March 2, 1999 268857.1

CERTIFICATION OF APPTICANT On behalf of KEPN International Deve]nnment_ Inc., and in accordance with Section 1.2001—1 .2003 of the Comm.\ssnons Rules, 47 C.F.R. § 1.2001— 1.2003 I herehv certifu that ma nmastr 6 sLig 530! of the AmlDnm Ab“” Act of 1988. See U.S. C § §53a. I alao hmhv m-mf-'u that tha statements in the foregaing apnlication for Section 214 authorization are tme_ anma=l=s=, a=— corpact to the best of myv knowledge and are made in gnad faith , KPN International Development. Inc. has not agreed nor shall it accent in the fimire any special concessions_ as defined hy the COnmmiecinn‘e Dulae A;imantler as indiaaail—. A—_ . fmxm atrek or administration with respect to traffic or revenye flows on anv J& |Mm.flnnglenitta whors the foreign carrier nosseases snfficient markat anusr an tha : end ofthe route to affect ecamnetition adversely in the UJS. market. KPN INTERNATIONAL DEVELOPMENT. m« By: ‘}@g $uiPk~+> 1 /Ci C Name: _Re: rexy L. fose sX ulgs.. Title: L cor igae

READ iNSTRUCTIONS CAREFULLY APPROVED 8y OMB 3060—0539 serore proceEping FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE 50 1 FCC USE ONLY race no _1_ or 1) LockBox 4 358115 paying enter name as it appears on your Swidler Berlin Shereff Friedman, LLP STREET ADDRESS LINE NO. 1 3000 K Street, N.W. STREET ADDRESS LINE NO. 2 CITy STATE ZIP CODE Washington D.G. 20007 DAYTIME TELEPHONE NUMBER (include area code) COUNTRY CODE (if not in U.S.A.) (202) 424—7683 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159C paying name as appears on your $ KPN International Development, Inc. STREET ADDRESS LINE NO. 1 Rockefeller Center, Suite 2212 STREET ADDRESS LINE NO. 2 1270 Avenue of the Americas CITY 5) STATE ZIP CODE New York New York 10020 DAYTIME TELEPHONE NUMBER COUNTRY CODE (if notin U.S.A.) (212) 246—1818 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 1 C U T 1 780.00 AvER TIN olilsl2le|7|ale|7| e |arpucant tm {|ols|1lolslsl2|7|ol2 € Certify under penalty of perjury that the and supporting information Print name) true and correct to the best of my knowledge, infomation and belief. SIGNATURE hereby authorize the FCC to charge my VISA or MASTERCARD service(s)(authorizations(s) herein described.

SWIDLER BERLIN SHEE.EFF FRIEDMAN, LLr 3 0C K ©TREET, NVZ, SuUTE 300 V7aAs m cotTON, DC 20007—5116 TEL] PHONE (202) 424 7500 FAC SIMILE (202) 124—7645 NEV/ YORK OFFICE 919 "HIRD AVENUE NEW YORK, NY 10022 April 2), 959 HAND VIA DJ L VJSR Y Susan O‘Connell, sc un e International Bi reiu Federal Commu nication: Commi ision The Portals 445 12"" Strext, S.V. TW—A325 Washington, D.T. 2055| Re: 1iP.N Intornational Developmient, Inc., Application for Global Authority Pursuant to Sectioni 214 of the Comnunication:; Act of 1934, as im :ncled, to Operate as an ]nternati »nal Facilities B; sed and Resale Carrier Betivree n the United States and Various ] nternation i Toiits Dear Susan: On bchalf cf EP! I Internaio1 al De rel »pment, : nc. ("KPN Developt 1e1 t"), we are submitting this letter to :im :nc the p »nding appl caior. referenced above. Pursuant to ciscussions with International Bi re: u : talf, we her sby: ar met d the application as described be lov?. (1) KPN De velopne it is owned and w iIl continue to )e owned 100% ; b ; K PN International Develop ment BV . Please disregard all references to ownership of K PN Development by KPNQwest and (O‘west Comn unications Corporation and its subsidi airies, as well as all discussion of KPN Development as an affiliate of Qwest Communications Corporation and its subsidiaries. Should the ownership of KPN Development change, KPN Development will file an appropriate application to transfer control of the company. (2) KPN Development agrees to be treated as dominant on the route between the United States and the Jaszag region of Hungary in which Jasztel arguably has market power for local access services, until KPN Telecom B.V. divests its interest in Jasztel. KPN Development will notify the Commission once KPN Telecom B.V. fully divests itsinterest in Jasztel, at which time KPN Development will no longer agree to be treated as dominant on this route.

Susan O‘Connell, Esquire April 20, 1999 Page 2 Please let us know if you require additional information. Respectful_'ly submitted, Tam; Adam L. Kupetsky Counsel for KPN International Developm.ent, Inc. Enclosure go: Rebecca Arbogast Troy Tanner Sharon Bywater (via facsimile) Lucien Roelofs (via facsimile)


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