Attachment 20170202153357-863.p

20170202153357-863.p

SUPPLEMENT

Supplement

1999-03-05

This document pretains to ITC-214-19990305-00146 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999030500146_1413299

            Categories of Services for
                    (Streamline/Non—s
          ASSIGNMENT OF LICENSE
  C




          GLOBAL FACILITIES—BASED SER
DDD@\DH




          GLOBAL FACILITIES—BASED/GLOBAI
          GLOBAL RESALE SERVICE
          INDIVIDUAL FACILITIES—BASED
          INTERCONNECTED PRIVATE LIN
          LIMITED GLOBAL FiCILITIES-“
          GLOBAL RESALE SERVICE
   C      LIMITED GLOBAL FACILITIES—
   C      LIMITED GLOBAL RESALE SERV]
   C      INMARSAT AND MOBILE SATELLITE SERVICE
   C      SWITCHED RESALE SERVICE
   C      TRANSFER OF CONTROL
   C      SUBMARINE CABLE LANDING LICENSE
   C      INTERNATIONAL SPECIAL PROJECT




  Description of Application:


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                                       Before the
                          FEDERAL COMMUNICATIONS COMMISSION
                                          Washington, D.C. 20554




In re Application of                                      )
                                                          )
                                                          )
In Touch Communications, Inc..                            )           File No. ___
                                                          )
Application for Authorization Pursuant                    )
to Section 214 of the Communications Act                  )
of 1934, As Amended, to Operate as an                     )
International Carrier                                     )


                                                APPLICATION


         In Touch Communications, Inc. ("In Touch"), by its attorneys, hereby applies for

authority pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. §

214, and Section 63.18 of the Federal Communications Commission‘s ("Commission") Rules,

47 C.F.R. § 63.18, to provide international communications services in the United States by

reselling services of Commission authorized carriers to all international points served by those

carriers. Specifically, In Touch seeks global Section 214 authority to resell all forms of

international communications services permitted under and pursuant to the terms and conditions

of 47 C.F.R. § 63.18(e)(2)— Additionally, In Touch seeks Section 214 authority to resell private

line services to a-ll Hcrzlountries that are subsequently determined by the International Bureau of the

Commission to provide equivalent resale opportunities. In Touch requests streamlined

processing under the Commission‘s international Section 214 rules.‘



‘ Streamlining the International Section 214 Authorization Process and TariffRequirements, Report and Order, 1 1
FCC Red 12884 (1996).


         In Touch submits that present and future public convenience and necessity

warrant the grant of this application. Grant of this application will promote

competition in international telecommunications services that will provide additional consumer

choices andlikely decrease consumer prices. Grant of this authorization is supported by the

Commission‘s Policy Statement on international accountingrate reform which confirms that

international resale is in the public interest." Furthermore, authorizing In Touch to resell

international switched services is consistent with the Congressional and Commission goals of

promoting competition in international telecommunications."


                                      SECTION 63.18 STATEMENT

         In support of this request for authorization, In Touch provides the following information

as required by 47 C.F.R. § 63.18. The identifying letters and numerals here correspond to the

subsections of 47 C.F.R. § 63.18.

         a)       The applicant seeking Section 214 authorization is:

                  In Touch Communications, Inc.
                  13766 Alton Parkway
                  Suite 150
                  Irvine, California 92618
                  Phone Number:              949.588.9900

         b)       Applicant is organized under the laws of the State of California.




> Policy Statement on International Accounting Rate Reform, 11 FCC Red 3146 (1996).
*‘ Regulation ofInternational Accounting Rates, Report and Order, 7 FCC Red 559 (1991). The Commission
recognized that resale of international telecommunications services would provide public benefits by increasing
competition, reducing prices for telecommunications services and eliminating the possibility of price discrimination.
1Id. at para. 8; see also, Regulation ofInternational Accounting Rates, Fourth Report and Order, FCC 96—459, CC
Docket 90—337, at para. 8 (released Dec. 3, 1996). "Our fundamental goal is to create a competitive market for
international telecommunications services."


        €)       Correspondence regarding this application should be directed to:

                Jeffrey A. Henning
                Chief Executive Officer
                In Touch Communications, Inc..
                 13766 Alton Parkway, Suite 150
                Irvine, California 92618
                Phone Number:          949.588.9900

                AND

                Glenn B. Manishin
                Blumenfeld & Cohen
                1615 M Street, NW, Suite 700
                Washington, DC 20036
                Phone Number:            202.955.6300

        d)      In Touch has not previously receivedauthority to provide telecommunications

services under Section 214 of the Act.

        €)      In Touch is requesting Section 214 authority to operate as a resale carrier pursuant

to the terms and conditions of 47 C.F.R. § 63.18(e)(2).

        £f)     Not Applicable.

        g)      Not Applicable. This requirement is not applicable because In Touch is not

seeking facilities—based authority under 47 C.F.R. § 63.18(e)(6).

        h)      In Touch does not have an affiliation with a foreign carrier as defined under 47

C.FR. § 63.18(b).
                (1)     Not Applicable. This requirement is not applicable because In Touch is
                                                                          a

not affiliated with a foreign carrier.

                (2)     The name, address, citizenship and principal business of each of theten———

percent or greater direct and indirect shareholders or other equity holders of In Touch are:


                Name:                    Jeffrey A. Henning
                Address:                 13766 Alton Parkway, Suite 150
                                         Irvine, CA 92618
                Citizenship:             United States of America
                Principal Business:      Telecommunications

                Name:                    Steven V. Harrison                    i
                Address:                 13766 Alton Parkway, Suite 150
                                         Irvine, CA 92618
                Citizenship:             United States of America
                Principal Business:      Telecommunications                    —

                Name:                    Edgewater Private Equity Fund III, L.P.
                Address:                 660 Newport Center
                                         Newport Beach, CA 92660
                Organization:            United States Limited Partnership
                Principal Business:      Venture Capital

                (3)       In Touchis not affiliated with the carriers whose facilities—based services

they propose to resell.

                (4)       Not Applicable. This requirement is not applicable because In Touch is

not affiliated with a foreign carrier.

                (5)       In Touch will notify the Commission as required, pursuant to 47 C.F.R. §

63.18(h)(5), as to changes in its business, should they occur, that are regulated under 47 C.F.R.

§§ 63.18(L)(3)—(4).

                (6)       Not Applicable. This requirement is not applicable because In Touch does

not seek to operate as a facilities—based international carrier.

                (7)       Not Applicable. This requirement is not applicable because In Touch is

not affiliated with a foreign carrier.

                (8)       Not Applicable. This requirement is not applicable because In Touch is

not affiliated with a foreign carrier.


          (1)     In Touch certifies that it has not agreedto accept st    concessions, as defined

in 47 C.F.R. §§ 63.18(i), directly or indirectly from any foreign ca       or administration with

respect to traffic or revenue flows between the U.S. and any foreig        ntry which In Touch may

serve under the authority granted under this part and will not enter       uch agreements in the

future.

          (J)     In Touch certifies that, to the best of its knowledge.   mation and belief, no

party to the application is subject to a denial of Federal Benefits pi     t to Section 5301 of the

Anti—Drug Abuse Act of 1988.

                                            CONCLUSION

          As demonstrated in this application, In Touch is legally, fir    lly and technically

qualifie:d to provide the services for which it requests authority. F.      reasons stated above, In

Touch submits that the public interest, convenience and necessity >        be furthered by a grant

of this Section 214 authorization. The requested authorization sho         erefore be issued to In

Touch for the purpose of reselling international telecommunicatiot         ices between the United

States and international locations.

                                                 Respectfully submitte




                                                 By: ,         P¥
                                                 Glenn B. Manishin \————
                                                 Blumenfeld & Cohen — Technology Law Group
                                                 1615 M Street, N.W., Suite 700
                                                 Washington, D.C. 20036
                                                 202.955.6300
                                                 202.955.6460 fax

                                                 Counselfor In Touch Communications, Inc.

Dated: March 2, 1999


                                CERTIFICATION OF APPLICANT

       (1)      I hereby certify that the statements in the foregoing application of In Touch

Communications, Inc. for Section 214 authority are true, complete and correct to the best of my

knowledge and are made in good faith.

       (2)      No party to this application, as defined in 47 C.F.R. § 1.202(b), is subject to a

denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21

U.S.C. § 862.

                                               Inymmnications, Inc..


                                                  _7 NV U            8
                                               Name: Jeffrey A. Henning

                                               Title: Chief Executive Officer

                                               Date: March 2, 1999


Sent« By: First Regional TeleCOM, LLC;          703 739 3784                  Mar—26—89 10;:27AM;            Page 2/2




                                           BLUumMENEELD & CoHEN
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                                                   2cs                                       San Franc1sco, CA 94111
                                               htrp://www.technologylaw.com                         415 3947500
                                                                                                Facsmars 415 394—7 505



             March 26, 1999

             Ms. Fran TIvanstadt
             Federal Communications Commission
             Facsimile Number: 202—418—2824

             VA FACSIMILE

             Re:     In Touch Communications, Inc. Application for Authorization Pursuant to Section
                     214 of the Communications Act of 1934, As Amended to Operate as an
                     International Carrier,                                     :

             Dear Ms. Tvanstadt;

             This letter provides the clarification that you requested regarding the Section 214
             application of In Touch Communications, Inc. ("In Touch").         You inquired as to whether
             any partners in the Edgewater Private Equity Fund HI, L.P. had a ten percent or greater
             interest in In Touch. No partner of the Edgewater Private Equity Fund I[L, L.P. has a
             greater than ten percent interest in In Touch. If you have any questions, please contact
             Glenn Manishin or me at 202—955—6300. Thank you for your assistance.

             Sincerely,


             W\M (D Q‘g(L\\\:\*
            Michael D. Specht
            Counsel for In Touch Communications, Inc.



Document Created: 2019-04-18 23:08:59
Document Modified: 2019-04-18 23:08:59

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