Attachment 20170207093301-420.p

20170207093301-420.p

SUPPLEMENT

Supplement

1999-03-23

This document pretains to ITC-214-19990323-00165 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999032300165_1413487

Categories of Services £f (Streamline/Non— gpaeemmmmsomansramemaevscosines C ASSIGNMENT OF LICENSE GLOBAL FACILITIES—BASED SERV: GLOBAL FACILITIES—BASED/GL C GLOBAL RESALE SERVICE O INDIVIDUAL FACILITIES—BASEL C INTERCONNECTED PRIVATE LINE C LIMITED GLOBAL FfiCILITIES—A GLOBAL RESALE SERVICE C LIMITED GLOBAL FACILITIES—BA C LIMITED GLOBAL RESALE SERVIC O INMARSAT AND MOBILE SATELLITE SERVIC C SWITCHED RESALE SERVICE TRANSFER OF CONTROL (= SUBMARINE CABLE LANDING LICENSE C INTERNATIONAL SPECIAL PROJECT Description of Application:

READ INSTRUCTIONS CAREFULLY COPy APPROVED BYOM\B 3060—058 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION e " SPECIAL USE REMITTANCE ADVICE HASE No 1 or 1 _ mat FCC USE ONLY (1)Locksox# 358115 o HaAR 9 3 1938 j 3y yiAi | fiTMON— PAYER INFORMATION | (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card) (3) TOTAL AMOUNT PAID (dollars and cents) Morrison & Foerster LLP s 780 .00 (4) STREET ADDRESS LINE NO. 1 2000 Pennsylvania Avenue, N.W., Suite 5500 (5) STREET ADDRESS LINE NO. 2 (6) City (7) STATE (8) ZIP CODE Washington DC 20006 (9) DAYTIME TELEPHONE NUMBER (Include area code) (10) COUNTRY CODE (ifnot in U.S.A.) (202) —8871500 + IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) | SECTION B — APPLICANT INFORMATION | (11) APPLICANT NAME (if paying by credit card, enter name exactly as it appears on your card) Gabriel Communications, Inc. (12) STREET ADDRESS LINE NO. 1 16090 Swingley Ridge Road, Suite 500 (13) STREET ADDRESS LINE NO. 2 (14) CITY (15) STATE (16) ZIP CODE Chesterfield MO 63017 (17) DAYTIME TELEPHONE NUMBER (Include area code) (18) COUNTRY CODE (if not in U.S.A.) (314) 891—9 375 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159—C) SECTION C — PAYMENT INFORMATION l (19A) FCC CALL SIGN/OTHER ID (20A) PAYMENT TYPE CODE (PTC) (21A) QUANTITY (22A) FEE DUE FOR (PTC) IN BLOCK 20A FCC USE ONLY c U J T _| 1 |s 780 .00 (23A) FCC CODE1 (24A) FCC CODE 2 (19B) FCC CALL SIGN/OTHER ID (20B) PAYMENT TYPE CODE (PTC) (21B) QUANTITY (22B) FEE DUE FOR (PTC) IN BLOCK 208 FCC USE ONLY (23B) FCC CODE1 | | | s (24B) FCC CODE 2 (19C) FCC CALL SIGN/OTHER ID (20C) PAYMENT TYPE CODE (PTC) (21C) QUANTITY (22C) FEE DUE FOR (PTC) IN BLOCK 20C FCC USE ONLY (23C) FCC CODE 1 | | | s (24C) FCC CODE 2 (19D) FCC CALL SIGN/OTHER ID (20D) PAYMENT TYPE CODE (PTC) (21D) QUANTITY (22D) FEE DUE FOR (PTC) IN BLOCK 20D FCC USE ONLY (23D) FCC CODE 1 | | I s (24D) FCC CODE 2 SECTION D — TAXPAYER INFORMATION (REQUIRED) (25) (26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN B—11 IS DIFFERENT FROM PAYER NAME IN A—2) PAYER TIN 0| a| 4 |o|6|o|7|2 |1 o APPLICANT TIN |O0|a|3|1ls]2|o|s|s|s SECTION E — CERTIFICATION | (27) CERTIFICATION STATEMENT I; , Certify under penalty of perjury that the foregoing and supporting information (PRINT NAME) are true and correct to the best of my knowledge, infomation and belief. SIGNATURE SECTION F — CREDIT CARD PAYMENT INFORMATION I (28) MASTERCARDNISA ACCOUNT NUMBER: EXPIRATION DATE: MASTERCARD MONTH YEAR visk I herebyauthorize the FCC to charge my VISA or MASTERCARD AVIHORIEED SicNAFuRE DATE for the service(s)/authorization(s) herein described. > SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

DETACHAND RETAINTHIS STATEMENN 108395 MoORRISON & FOERSTER uur ifnorconficerPrexsehonieyUsprowiptuyNoheceipr jesincp. Vendor Number 017056 Ref # Check Nimber 108395 FEDERAL COMMUNICATIONS .COMMISSION Check Dite 0 3/18/99 TNVOICE f DATE [ AMOUNT 1: INVOICE | DA‘TE | AMOUNT RQ308196 103/18/99 1 780. 00! 1 i i i i 14 i I 1 I P 1 1 1 1 141 1 1 1 t 13 1 1 1 1 14 t t 1 1 L4 I 1 1 1 td 1 1 t 1 1 d 1 t I t P 1 t F iling i fee L/X‘/S"/// {E $ ne m oo ne me oo on e td en me o 4 id td ons ie m ce Bas c is i nnt e o m m ie en m n ui worina hy m madoed i i $. 780 .00 _— MORRISON& FOERSTER uup ©"CENTURY NATIONAL BANK x ; WASHINGTON, D.C. OFFICE " 4 > WASHINGTON D.C. 20006 ; 15159 2000 PENNSYLVANIA AVE.. N.W., SUITE 5500 540 WASHINGTON, D.C. 20006—1888 PAY T SEVEN HUNDRED EIGHTY AND NO/100 DOLLARS _ _ . 03/18/99 TO THE - 2 f $**%k****780 2 .00 |®C *4i ORDER OF > FEDERAL COMMUNICATIONS COMMISSION B(//%;;%ZQQQZ/ uk AUTHORIZED Stenature AUTHORIZED SIGNATURE, " 2083951 ©0 540045346 O0i 00 10§3¢° g1°

COPY 1 i Before the Qgg\ FEDERAL COMMUNICATIONS ZOMMIS{ ION z‘ Wash ngtoii, D.C. 205 54 In the M atter of ) ) GABRIFE L COMMUNICATIONS®, INC . ) ) File No. T‘C—214—199803__— Applicat on for Authority U:nder Section 214 ) of the Communications Act of 19% 4, as Ame1 ded, ) to Provice Global Facilities—Based and (Floba ) Resale S »rvice to All Fermissible {nternation: 1 Points ) APPLIL CATION Cabriel Communications, Inc. (‘‘Gabr el" or "Apj lican:") he eby r:quess autHority pursuant to Section 214 of the Communicatio is Act of 1034, as ame ided, 47 U.S.C. § 214, and Sect on 63.18 of the rulés of the Federal Communica:ions Somtr ussio i ("Commission" or "FCC"), 47 C.F.R. § 63.13, to provide glot al facilities —based serv ce and glol al resale service ( ncluding both switched resale ind tt e resale of urivats: line: for switch d services) to all permissible international points. (Grabricl requests s ream ined reatim ent 0: this applicati on pursuant to Section 63.12 of the Commussion s rules, 47 ZF.R. § 63.12. In support of Gabriel‘s application, it submits the following i iformation pursuant to Section 63.18 of the Commussion‘s rules: (a) Name, address and telephone number of Applicant: Gabriel Communications, Inc. 16090 Swingley Ridge Road, Suite 500 Chesterfield, MO 63017 (314) 991—9375 (b) Gabriel Communications, Inc. is a corporation organized under the laws of the State of Delaware. (c) Correspondence concerning this application should be sent to:

Gerard J. Howe President and Chief Operating Officer Gabriel Communrications, Inc. 16090 Swingley Ridge Road, Suite 500 Chesterfield, MO 63017 (314) 991—9375 with : copy‘ to: Joan 3. Neal Morr. son &; Foeister LLP 2000 Pennuylvaria, N.W., Suite 5 500 Washingto 1, D.C. 20096 (202) 887—1738 (d) Gabriel ha: not raceived a prior grant ol‘ authority i nder Section 214 of the Act. (e) (1) Applicant 1equests Section 214 authority to operate as a lacilities—baied carrier pursuant 10 the terms and conditions of Section 62 .18(e)(1) tc all perm: ssible: inter aational points. (2) Applicant requests Section 214 authority to operate as a 1esale carrier pursuant tc the terms and conditions of Section 63.18(e)(2) to all perm: ssible: international points. 8 No respon: e is necessary. (g) Authorization of the service covered by this application is categorically excluded as defined by Section 1.1306 of the Commission‘s rules. No new construction constituting a "major action" under the Commuission‘s rules is contemplated. (h) (1) By the attached certification, Gabriel certifies that it is not affiliated with any foreign carriers as defined in Section 63.18(h)(1).

(2) By the attached certification, Gabriel certifies that the shareholders of Gabriel holding a 10% or greater interest in the company are: e Brooks Investments, LP is a U.S. investment firm located at 16650 Chester ield Grove Suite 110, Chest srfield, MO 63006. o Goldmsn Sachs Group, LLP is a U.S. investment banking firm located at 85 Bioad Street, New York, NY 10004 e J.4. Whitney is a U.S. private equity firm ocated at 1""7 Broad Street, Stamford, CT 06901. Gabricl has the followi 1g interlock ing directorates: e Robert A. Brooks i; the Chairman and Dir:ctor of Gatbriel Communications, I1c. He is also a C irector of CLA Interna:ional, Inc. o Steven 2. Ha stedt is a Directo : of Gabriel Communications, Inc. He is also a L irector of Formus Communication i. e William C. Laverack is a Director of Gabr el Communications, Inc. He is also & Dire stor 0 TeleCorp 1‘CS, Inc. e Joseph ‘T. McCullei is a Director of Gabriel Corimunications, Inc. He is also a Director of the following companies: Advanced TelCom Group, Inc., Diginet Americas, Inc., General Wireless, Inc., MetroNet Communications Corporation, and TeleCorp PCS, Inc. e Steven W. Schovee is a Director of Gabriel Communications, Inc. He is also a Director of SMR Direct Corporation. (3) By the attached certification, Gabriel certifies that it is not affiliated with any U.S. carrier(s) whose facilities—based service(s) it will resell.

(4) This section requires no response at present. (5) Not applicable. (6) Not applicable. (7) Not applicable. (8) Pursuant to Section 63. 0(a)(1), G: briel shoulc be rgulat :d as 10n— dominant on all routes lecaus e it h. is no iffiliation v ith ai y for :ign c irrier ) By the attached certific; tion, Gabri :1 cer ifies that it has n »t agr 2ed tc accept special concessic ns directly or inc irectly frori any ‘oreig n carier with respect to any U.S inter natior al rou te where th 2 fore ign cirrier possesses sufficient maket power n the foreign eni! of t 2 rouwe to & Fect competition adversely i1 the U.S. riarke and will not entir intc any : 1ch agreements in the futurc:. O By the attached certific: ition, Gabrisl cer :ifies that n > part , to tl is application is subject to a denial of feder i1 benefits pursu; nt to secticn 5301 of the Anti—Drug .ibuse Act cf 1988. (k) This application qualifics for streamlined processing purs iant to Sect.on 63.12.

CONCLUSION The Commission has recognized that increased competition in international markets is beneficial and that those markets will support additional carriers. Additional market entry will promote lower prices, innovative services, increased customer choice, and efficient utilization of telecommunications resources. Gabriel will support each of these goals through the provision of high—quality, competitive international communications services. 2. grant of Gabriel‘s application, therefore, will serve the public interest, convenience and necessity. Dated: March 23, 1999 Respectfully subriitted, _274% Z//dg//fl Joan E. Neal MORRISON & FOERSTERLLP 2000 Pennsy vania Avenue, NW. Washington, D.C. 20006—1888 (202) 887—1500 Attorney for Gabriel Communications, Inc. de—1 52340

CERTIFICATION I, Gerard J. Howe, President and Chief Operating Officer of Gabriel Communications, Inc. ("Gabriel"), hereby certify that: Gabriel is not affiliited w ith any fore gn carriers as defined in Section 63.18(b)1). Tke sha eholders o1 Gabr el ho. ding :. 10% or greater iaiterest in ths company are . B1iooks Invest nents LP is a U.S5. investment firm. locaied at 16650 C1 esterfield Crove, Suite 110, Chesterfield, MO 63005. | Goldman Sachs Group, L_P is : U.S. investment bank ng fir n lociated at 85 Broad Stre :t, Nev York, NY 10004. J.1I. Whitney s a U.S. private equity firm located at 177 Bro id Strset, St imford, CT 06901. Gabriel has the following interlocking directorates: Robert A. Brooks is the Chairman and Director of Gab iel Cmmunications, Inc. He is also a Director of GLA International, Inc. Steven C. Halstedt is a Director of Gabriel Communications, Inc. He is also a Director of Formus Communications. William C. Laverack is a Director of Gabriel Communications, Inc. He is also a Director of TeleCorp PCS, Inc. Joseph T. McCullen is a Director of Gabriel Communications, Inc. He is also a Director of the following companies: Advanced TelCom Group,

Inc., Diginet Americas, Inc., General Wireless, Inc., MetroNet Communications Corporation, and TeleCorp PCS, Inc. o Steven W. Schovee is a Director of Gabriel Communications, Inc. He is also a Director of SMR Direct Corporation. 3. Gabriel is not affiliated with any U.S. carrier(s) whose facilities—based service(s) it will resell. 4. Gabriel has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreigncarrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market and will not enter into any such agreements in the future. 5. No party to this application is subject to a denial of federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. 6. The information contained in the attached application is true, correct and complete to the best of my knowledge. s CA Gerard J. Howe President and Chief Operating Officer Gabriel Communications, Inc. Dated: March #7, 1999

738(124 ‘? MUKRKRISUN FOERSTER 326 PR2 MAR 3B ‘99 17:55 MorrISON & FOERSTER :m SAN FRANCISCO ATTORNEYS AT LAW NEW YORK LOS ANGELES LONDON SACRAMENTO 2000 PENNSYTVANIA AVENUE, NW BRUSSELS ORANCE COUNTY WASHINGTON, D.C. 20006—1838 BEIJING PALO ALTO TELEPHONE (202) 887—1500 HONG KONG WALNUT CREEK TELEFACSIMILE (202) §87—0763 SINGAPORE LDENVER TOKYO March 30, 1999 Writer‘s Direct Contact 202—887—8738 jneal@nofo.com By Telefacsimile Fran Eisenstein Federal Communications Commission International Bureau 2000 M Street, NW., Room 800 Washington, D.C. 20554 Re: Gabriel Communications Section 214 Application Dear Ms. Eisenstein: As we discussed yesterday with respect to the above—referenced Section 214 application (which was filed on March 23, 1999), I have checked—with my client and confirmed the following ownership information for section (h)(2) of the application. The only indirect shareholder with a 10% or greater interest in Gabriel Communications, Inc. ("Gabriel") is Robert A. Brooks, through his ownership in Brooks Investments, LP. Mr. Brooks is a U.S, citizen with an address of 55 Sanctuary Drive, Long Boat Key, Florida 34228. His primary business is running Gabriel and investing in other communications ventures. Gabriel has no other indirect shareholders with a 10% or greater interest. Please do not hesitate to contact me if you have any further questions regarding this matter. Sincerely, ‘ £. Whak an E. Neal cc: Edward Cadieux, Gabriel Communications de—153920


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