Attachment 20170202130602-960.p

20170202130602-960.p

SUPPLEMENT

Supplement

1999-01-09

This document pretains to ITC-214-19990308-00109 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999030800109_1413088

                                                                                    ;fGC/MEi.
                                                                                                 L@&
                                                                                                                  08 1999
                               SWIDLER BERLIN SHEREFF FRIEDMAN, LLP
WASHINGTON OFFICE                                                                                               NEW YORK OFFICE
3000 K STREET, NW, SurTE 300                                                                                   919 THIRD AVENUE
WaASHINGTON, DC 20007—5116                                                                              NEW YORK, NY 10022—9998
TELEPHONE (202) 424—7500                                                                                 TELEPHONE (212) 758—9500
FACsIMILE (202) 424—7647                                  March 8    1999                                 FACSIMILE (212) 758—9526



          BY COURIER
                                                                         Streamlined         ITC—214—19990308—00109
          Ms. Magalie Roman Salas, Esq                                   FAR EAST GATEWAY, INC.

          Secretary
          Federal Communications Commissic
          International Bureau Telecommunics             ns Division
          P.O. Box 358115
          Pittsburgh, PA 15251—5115

              Attention: Troy Tanner, Chief, 1           icy and Facilities Branch, International Bureau

                     Re:       Application of Far Ea     Fateway, Inc., for Global Authority Pursuant to Section
                               214 of the Commun         tions Act of 1934, As Amended, to Operate as an
                               International Facilitie   ased Carrier and as an International Resale Carrier

          Dear Sir or Madam:

                     Enclosed for filing with the        ‘ommission are an original and six (6) copies of the
          application of Far East Gateway, Inc           ‘questing global authority, pursuant to Section 214 of the
          Communications Act of 1934, as am              led, to operate as an international facilities—based carrier
          and as an international resale carrier         :ween the United States and various international points.

                     As required by the Commissi         ‘s Rules, a check in the amount of $780.00 is enclosed.
          Please date—stamp the extra copy of t           application and return it in the enclosed self—addressed,
          stamped envelope. Any questions re             ‘ding the enclosed application should be addressed to the
          undersigned.

                                                              Respectfully submitted,



                                                              Catherine Wang          j/
                                                              Maria L. Cattafesta

                                                              Counsel for Far East Gateway, Inc.

          Enclosures
          ce:    C.C. Lai
                     Andrew D. Lipman

          272919.1


                                             Before the
                      FEDERAL COMMUNICATIO                             OMMISSION
                                     Washington, D.C.                  4




                                                      Nt Nt
In the Matter of




                                                      Nt Nt Nt Nt Nt
FAR EAST GATEWAY, INC.                                                 o. ITC—214—1999

Application for Global Authority Pursuant to
Section 214 of the Communications Act
of 1934, as amended, to Operate as an




                                                      \Z No No Nt
International Facilities—Based and Resale Carrier
Between the United States and International Points




                                         APPLICATIC
       Far East Gateway, Inc. ("Far East Gateway" or                   licant"), by its undersigned counsel,

hereby requests "global" authority, pursuant to Section                f the Communications Act of 1934,

as amended, 47 U.S.C. § 214 ("Act"), and Section 63.                   the Cor_nmission's Rules, 47 C.F.R.

§ 63.18 (1998), to provide international telecommunic                  ; services between the United States

and international points.

I.     Summary
       Far East Gateway is a Delaware company planning to provide. a variety of competitive

international services. Far East Gateway 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 Far East

Gateway will resell or with any foreign carrier. Therefore, Far East Gateway should be classified




V      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).


as a nondominant carrier for the provision of the services for which authority is requested in this

Application, and Far East Gateway‘s Application is eligible for streamlined processing.

        Far East Gateway herein requests fourtypes of authority in this Application, all of which

are eligible for streamlined processing under Section 63. 12 of the Commission‘s Rules, 47 C.F.R.

§63.12.%4 Far East Gateway specifically requests: (1) global facilities—basedauthority; (2) global

authority to resell the international switched services of all U.S.—authorized carriers; (3) global

authority to resell international private lines to provide international non—interconnected private

line services; and (4) authority to resell international private lines interconnected to the public

switched network at one or both ends to provide international switchédr services on all

international routes on which the Commission permits such services to be provided now and in

the future.

       Far East Gateway believes that the added competition its entry will bring to the market will

benefit the consumers of United States—overseas services by, among other things, encouraging

competitive pricing and creating more service options. A grant of this Application will therefore

further the public interest.

II.    Information Required Under Section 63.18

       As required by Section 63.18 of the Commission‘s Rules, Far East Gateway submits the

following information:

        (a)    Name, address and telephone number of Applicant:




¥       Far East Gateway does not seek authority to serve countries or use facilities excluded by
the Commission‘s Exclusion List.

                                                —2.


      USA Office Contact:
      Far East Gateway, Inc.
      1040—155 Grant Road
      Suite 185
      Mountain View, CA 94040
      Tel: (510) 623—6948
      Fax: (9 ) 694—2725

      Hong k    ig Office Contact: (Please designate as the correspondence address)
      Far Ea:   jateway, Inc.
      Unit B,   }/F, United Centre
      95 Que    ;jway
      Hong k    ig
      Tel: 0    852 9092 7957
      Fax: 01   352 2349 5769

(b)   Applicant is incorporated under the laws of Delaware.

(c)   Correspondence concerning this Application should be sent to:

      Catherine Wang, Esq.
      Maria L. Cattafesta, Esq.
      SWIDLER BERLIN SHEREFF FRIEDMAN, LLP
      3000 K Street, N.W., Suite 300
      Washington, D.C. 20007
      Tel:   (202) 424—7837
      Fax: (202) 424—7645

      with a copy to:

      Mr. C.C. Lai
      Far East Gateway, Inc.      _
      Unit B, 16/F, United Centre
      95 Queensway
      Hong Kong
      Tel: 011 852 9092 7957
      Fax: 011 852 2349 5769


       (d)      Upon grant of this Application, Far East Gateway will become an authorized
                non—dominant carrier with global facilities—based and resale authority, subject to
                Section 214 of the Communications Act of 1934, as amended, and the
                Commission‘s Rules. Far East Gateway lacks the market power that would allow
                it to control prices to the detriment of market competition.

       (e)      Far East Gateway specifically requests: (1) global facilities—based authority
                pursuant to Section 63.18(e)(1) of the Commission‘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 points, except those
                countries excluded by the Exclusion List;*(2) global authority pursuant to Section
                63.18(e)(2) of the Commission‘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 bythose carriers; (3) global authority pursuant to Section 63.18(e)(2)
                of the Commission‘s Rules, 47 C.F.R. §63.18(e)(2), toresell international private
                lines to provide international non—interconnected private line services between the
                United States and all international points; and (4) authority pursuantSection
                63.18(e)(2) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(2), 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 Commission permits such services to be provided.

       8        Far East Gateway seeks the authority to provide only the services referenced under
                paragraph (e) of Section 63.18 ofthe Commission‘s Rules.

       (g)      The authority requested in this Application is categorically excluded from
                environmental processing as defined by Section 1. 1306 of the Commuission‘s Rules,
                47 C.F.R. § 1.1306. As such, an environmental assessment is not required for
                purposes of this Application.

       (h)(1)   Far East Gateway is not "affiliated" with any international foreign carriers as that
                term is defined by the Commission‘s Rules.




3/     Far East Gateway only seeks authority to own circuits on facilities and serve countries not
excluded by the Exclusion List.
                                                  —4—


(h)(2) Information regarding Far East Gateway‘s 10% or greater direct or indirect
      shareholders is as follows:

              Name:                  Far East Gateway (B.V.I.) Limited
              Address:               Unit B, 16/F, United Centre
                                     95 Queensway
                                     Hong Kong
             Percentage Held:        90%
             Citizenship:            British Virgin Islands
             Principal Business:     International business

             Name:                   Gold Factor Corporation
             Address:                Unit B, 16/F, United Centre
                                     95 Queensway
                                     Hong Kong
             Percentage Held:        10%
             Citizenship:            British Virgin Islands
             Principal Business:     International business

      Information regarding Far East Gateway (B.V.I.) Limited‘           0% or greater
      direct or indirect shareholders is as follows:

             Name:                   Lit Cheong Communications Inve      nent Limited
             Address:                Unit B, 16/F, United Centre
                                     95 Queensway
                                     Hong Kong
             Percentage Held:        100%
             Citizenship:            British Virgin Islands
             Principal Business:     International business

      Information regarding Gold Factor Corporation‘s 10% or greater direct or
      indirect shareholders is as follows:

             Name:                   Ms. Shang Ling
             Address:                47A Priestley Drive
                                     Bucklands Beach
                                     Auckland New Zealand
             Percentage Held:        100%
             Citizenship:            New Zealand
             Principal Business:     Investment

      Far East Gateway has no interlocking directorates to report.


(h)(3) Applicant certifies that it is not affiliated with any U.S. international carrier whose
       facilities—based services Far East Gateway seeks to resell (either directly or
       indirectly through the resale of another reseller‘s service). Therefore, Far East
       Gateway‘s application is subject to streamlined processing, pursuant to Section
       63.12 of the Commission‘s Rules, 47 C.F.R. § 63.12.

i)     Far East Gateway certifies that it has not agreed to accept nor shall it accept    the
       future any special concessions, as defined by the Commission‘s Rules, dire         y or
       indirectly from any foreign carrier or administration with respect to tra          : or
       revenue flows between the U.S. and any foreign country for which Fa                sast
       Gateway may be authorized to serve.

O      Far East Gateway is not subject to a denial of Federal benefits pursuant to S      on
       5301 of the Anti—Drug Abuse Act of 1988. Far East Gateway‘s certifi                on
       pursuant to Section 1.2002 of the Commission‘s Rules (implementing the             nti—
       Drug Abuse Act of 1988, 21 U.S.C. § 3301) is attached.


                                           CONCLUSION

           For the reasons stated above, Far East Gateway, Inc. respectfully submits that the public

interest, convenience, and necessity would be furthered by a grant of this Section 214 Application.


                                                Respectfully submitted,




                                                       Catherine Wang, Esq.        /
                                                       Maria L. Cattafesta, Esq.
                                                       SWIDLER BERLIN SHEREFF.FRIEDMAN, LLP
                                                       3000 K Street, N.W., Suite 300
                                                       Washington, DC 20007
                                                       (202) 424—7837 (tel)
                                                       (202) 424—7645 (fax)

                                                       Counsel for Far East Gateway, Inc.


Dated: March 8, 1999




272103.1


                            CERTIFICATIONOF APPLICANT

       On behalf of Far East Gateway, Inc. and in accordance with Secticn 1.2001—1.20(3 of
the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby certif; tiat no pirty to ths
Application is subject to a denial of Federal benefits that includes ECC Dbenzfits pursuant :o
Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. { 8:i3a. I also herety
certify that the statements in the foregoing Application for Section 214 authority are iru,
complete, and correct to the best of my knowledge and are made in gooc fa th.

        To the extent required by the Commission‘s Rules, Far East (Tatzway, In:. has not
agreed to accept any special concessions directly or indirectly from iny foreign carrier (r
administration with respect to traffic or revenue flow between the United State; aid various
international points under the authority granted under Section 214 of the Corimini:at ons A :t (f
1934, as amended, and the Commission‘s Rules, and has not agre:d to ener into such
agreements in the future.


                                            FAR EAST GA"TEWAY, LIC,




                                            By:            _é% mesusatd= _
                                            Name:          Mr.    Lee Chuen Bit

                                            Title:         President

                                            Date:            3/5 [qer _____



Document Created: 2019-04-21 09:48:59
Document Modified: 2019-04-21 09:48:59

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