Attachment 20170202115326-310.p

20170202115326-310.p

SUPPLEMENT

Supplement

1999-03-08

This document pretains to ITC-214-19990308-00107 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999030800107_1406282

SWIDLER BERLIN SHEREFF FRIEDMAN, LooN Py , ?';.'i 1 3e Mag P o MBR Og toc Ccz [Ves bo \2 C 3000 K STREET, NW, SUITE 300 WaASHINGTON, DC 20007—5116 N w Yor« OFici: TELEPHONE (202)424—7500 91¢ THIRD AvINUT: FACS: MILE (202) 424—7645 NEW YORK NY 100222996 WWW.SWIDLAW.COM (212) 758—9500 Fa1: (212) ‘58—3526 Maich 5, 1999 {tre am ined ITC;—214—19990:308—00107‘ CiLC BA . TELESOLU TONS, LLC. VIA OVERNIGHT DELIVERY Federal Communications Commission International Bureau Telecommunications Divisicn P.O. Box 358115 Pittsburgh, PA 15251—5115 Attention: Troy Tanner, Chief, Policy and Facilit‘es B1 anch, Int n ati mal Bureau Re: Global Telesolutions, L.L.C‘.‘s Appl ca ion Purs 1at t to Section 214 of the Communications Act of 1934, as am en led, for (ilo »al Authority to Dear Sir or Madam: Enclosed for filing with the Commissior ar> &n origin:l a 1d six (6) copizs of the ar plication of Global Telesolutions, L..L.C. requesting global au hc rit ‘ to oper: te as in internaticnal fi ciliti¢es—based and international resale carrier between the United Stat :s ; nd various 1 ite ns tional point: pursi ant to Section 214 of the Communications Act of 1934, as amended. As required by the Commission‘s Rules, a check in the arnoiint of $780.00 is enclosed. Please date—stamp the extra copy of this application and retu: n 1 : in the e1 cluse 1 self—addressed, stamped envelope. Any questions regarding the enclosed application shcul I be addr »ss »d :o the undersigned. Resec tfully sul m tte 1, geyh "CCCA # Pamela S. Arluk Counsel for Global Telesolutions, L.L.C. Enclosures co: Anand Kumar Andrew D. Lipman 270784.1 COPY

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) ) Global Telesolutions, L.L.C. ) ) File No. I—T—C—99— Application Pursuant to Section 214 ) of the Communications Act, as amended, ) for Global Authority To Operate as ) an International Facilities—Based and ) Resale Carrier ) ind APPLICATION Global Telesolutions, L. L.C. ("Global Telesolutions") by its undersigned counsel, hereby requests "global" authority, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214 (1982), 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 various international points. 1. The Proposed International Services (Global Telesolutions requests four types of authority in this application, all of which are eligible for streamlined processing _ Snecifically, Global Telesolutions requests (1) global facilit!~»— lased authority pursuant to Section 63.18(e)(1) of the Commission‘s Rules, 47 C.F.R. V iSee Streamlining the International 214 Authorization Process and TariffRequirements, IB Docket No. 95—118, FCC 96—79 (rel. Mar. 13, 1996) (adopting streamlined 35—day processing procedures for certain international resale applications) ("Streamlining Order"); 47 C.F.R. § 63.12 (1997); 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").

§ 63.18(e)(1), to acquire ownership interests in U.. horized internatic racilitie connecting facilities not listed on the Commission‘s ision List to pro nterna telecommunications services between the United State: ill international p{ 10t list the Exclusion List;*‘ (2) global authority pursuant to n 63.18(65(’2) of 1 mmis Rules, 47 C.F.R. § 63.18(e)(2), to resell international : ed services of all liated authorized carriers to provide international switched s s between the Un :ates a international points served by those carriers other thai e countries listed s Exc List; (3) global authority pursuant to Section 63.18(e i) of the Commi; 3 Rule C.F.R. § 63.18(e)(2)(A), to resell international non— ‘onnected private to pr international private line services between the United St; id all international s othe: those countries listed on the Exclusion List; (4) author rsuantto Section (e)(2)( the Commission‘s Rules, 47 C.F.R. § 63.18(e)(2)0 resell internatio rivate interconnected to the public switched network ("PSN") a )r both ends to pro iternai switched services on all international routes on which 1 mmission permit: servic be provided.* Accordingly, Global Telesolutions‘s app in for authority p1 t to Se 214 is eligible for streamlined processing.* 2/ Pursuant to the Streamlining Order, the FCC permits applicants who obtain global facilities—based authority to thereafter acquire additional capacity in any U.S.—owned facilities without requesting further authority under Section 214. Streamlining Order « 16. 3 See Streamlining Order § 34. See also International Settlement Rates, IB Docket 96—261, Report and Order, FCC 97—280 (rel. Aug. 18, 1997) ("Benchmarks Order"); Foreign Market Participation Order. 4 See Streamlining Order;, 47 C.F.R. § 63.12. CR e

Global Telesolutions be : that the added competition its expanded entry will bring to the market will benefit the cor rs of U.S.—international services. These benefits include competitive pricing and increa vailability of a variety of service options. Grant of this application will therefore furtht publicinterest. II. TheApplicant Global Telesolutions is : :ed liability company organized and existing under and by virtue of the laws of the Stat Jelaware. Global Telesolutions plans to operate as an international telecommunicatior rice provider but does not currently hold any authorization pursuant to Section 214 of the C« nications Act, as amended, to provide such services. Global Telesolutions has no foreign ci ownership, and no officer of Global Telesolutions is an employee, agent or representati i foreign telecommunications entity. Global Telesolutions is not affiliated, within the me of Section 63.18(h)(1)(i) of the Commission‘s rules, 47 C.F.R. § 63.18(h)(1)(1), with a1 sign carriers.* III. Public Interest Conside 18 In the Foreign Carrier E. ‘rder,the Commission set forth the following policy goals for its regulation of the U.S. i tional telecommunications market: to promote effective competition in the U.S. teleconmuuunications 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 See Market Entry and Regulation of Foreign—Affiliated Entities, IB Docket No. 95—22, Report & Order, 11 FCC Red 3873 (1995) ("Foreign Carrier Entry Order"). & Foreign Carrier Entry Order, 11 FCC Red 3873. —3 .

markets." The Commission also stated that "establishing an effectively competitive global communications market could result in reduced rates, increased quality, and new services." In addition, the Commission found that " »ffective competitior direc:ly ad\ ances the public i iteres : and the Commission‘s paramount goil 0 making available a apid, efficient, worldwide wire anc radio communication service with aceq1ate facilities at reasonable charges. n¥ Grant of Global Telesolutions‘s 1 equest for rasale and facilities—based authority to p ‘ovide international services will directly further the Comunission‘s policies of bringing inceasec competition to the U.S. international tele communications services market and, therefore, is in the public interest. IV. Information Required Under Section 63.18 As required by Section 63.18 of the Commission‘s Rules, Globs1 Telesolutions st bmits the following information: (a) Name, address and telepl one number of the applicant: Global Telesolutions, L.L.C. 3408 Waples Gle1. Court Oakton, VA 22121 (703)—391—6102 (b) Global Telesolutions is a limited liability company orgar ized under the laws of Delaware. U Id. | 6. & Id. ¥ Id. § 10.

(c) Correspondence concerning this application should be sent to: Andrew D. Lipman Pamela S. Arluk Swidler Berlin Shere Criedman, L ~ 3000 K St., NW, Su 300 Washington, DC 20( —5116 (202) 424—7500 (Tel} (202) 424—7645 (Fax with a copy to: Anand Kumar 3408 Waples Glen C Oakton, VA 22124 (703)—391—6102 (d) Upon grant of this applicati( Global Tele lutions will become a nondominant carrier with authority pursua o Section21 f the Cormmmunications Act of 1934;, as amended, and the Commi: m‘s Rules, t perate as aninternational facilities— based and resale carrier. Gl 1 Telesolutic lacks the market power that would allowit to control prices to 1 detriment 0: arket competition. (e) Global Telesolutions request »ction 214 a1 ority to operate as a facilities—based carrier pursuant to the terms d conditions ‘Section 63.18(e)(1) and to operate as a resale carrier pursuant the terms a1 conditions of Section 63.18(e)(2). Specifically, Global Teleso ions seeks (1) obtain global facilities—based authority to acquire interes in whole ar half—circuits in submarine cables, establish channels of commu ‘ation with s llite systems, and utilize necessary connecting facilities, other t . facilities lis 1 on the Exclusion List, to provide international telecommunic: ns services ‘tween the United States and all international points except thuse points excluued by the Exclusion List; (2) obtain global authority to resell international switched services of all unaffiliated U.S.— authorized carriers to provide international switched services between the United States and all international points served by those carriers other than those countries listed on the Exclusion List; (3) obtain global authority to resell international non—interconnected private lines to provide international private line services between the United States and all international points except those points listed on the Exclusion List; (4) obtain global authority to resell international private lines interconnected to the 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.!* (£) At this time, Global Telesolutions seeks the authority to provide only the services referenced under paragraph (e) of Section 63.18 ofi~ Commission‘s Rules. (g) The authority requested in this application is ¢ :gorically excluded fr{ environmental processing as defined by Section 1.13C »fthe Commission‘s Rul 47 C.F.R. § 1.1306. As such, an environmental a ssment is not required : purposes of this application and, therefore, is not at hed. (b) Global Telesolutions certifies that it is not affiliated 1 hin the meaning of Secti 63.18(h)(1)(i) of the Commission‘s Rules, 47 C.F.1 § 63.18(h)(1)(i), with a foreign carriers or U.S. carriers whose facilities—b :d services it proposes resell. The following entities hold a ten percent (10%) o1 reater, direct or indire ownership interest in Global Telesolutions: None The following entities hold, or will hold at the time t authority requested here may be granted, a ten percent (10%) or greater, d ct or indirect, ownerst interest in Global Telesolutions: None 19 See Streamlining Order § 17. The Foreign Participation Order eliminates the equivalent resale opportunities test for World Trade Organization ("WTO") member country routes. Foreign Participation in the U.S. Telecommunications Market, IB Docket No. 96—111, Report and Order, FCC 97—298 (rel. Nov. 26, 1997) ("Foreign Participation Order"). Pursuant to the Streamlining Order, the FCC has stated it will automatically amend all Section 214 authorizations to resell international private lines and to provide international switched services between the United States and countries that afford U.S. carriers equivalent resale opportunities to add all countries found to meet the equivalent resale opportunities standard. Streamlining Order ( 34. —6—

Global Telesolutions‘s interlocking director and officer information is as follows: None (1) As required by Section 63. 18 (i) of the Commission‘s Rules, 47 C.F.R. § 8(1), Global Telesolutions certifies that it has not agreed to accept nor will it ; >t in the future any special concessions, as defined by the Commission‘s Rules, »ctly or indirectly from any foreign carrier or administration with respect to 1 c or revenue flows between the U.S. and any foreign country for whict obal Telesolutions may be authorized to serve, except such concessions as 1 be permitted under, and which would take effect subsequent to the effective : of, the Foreign Participation Order. ) Global Telesolutions is not subject to a denial of Federal benefits pur t to Section 5301 of the Anti—Drug Abuse Act of 1988. Global Teleso. ns‘ s certification pursuant to Section 1.2002 of the Commission‘s Rules (imple ting the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 3301) is attached. (k) Global Telesolutions requests streamlined processing of this application. obal Telesolutions is not affiliated with any foreign carriers and therefore qua. : for streamlined processing under 47 C.F.R. § 63.12(a).

CONCLUSION For the reasons stated above, Global Telesolutions respectfully submits that the public interest, convenience and necessity would be furthered by grant of this Section 214 application. Respectfully submitted, Global Telesolutions By: //w///rg4yA Andrew D. Lipman, Esq. Pamela S. Arluk, Esq. Swidler Berlin Shereff Friedman, LLP 3000 K Streeet, NW, Suite 300 Washington, DC 20007—5116 (202) 424—7500 (Tel) (202) 424—7645 (Fax) Its Counsel Dated: March 5, 1999 240736.1

CERTIFICATION OF APPLICANT On behalf of Global Telesolutions, 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. I further certify, that to the extent required by the Commission‘s rules, Global Telesolutions has not agreed to accept any 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. Global Telesolutions By:__> K&\\\‘\\C\ <AAMullW Anand Kumar 7 /. & . Title: :!j" (;‘/ 1 & mt 271713.1


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