Attachment 20170207103532-057.p

20170207103532-057.p

SUPPLEMENT

Supplement

1999-02-25

This document pretains to ITC-214-19990325-00182 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999032500182_1415389

      Categories of Services for 214 Applications
              (Streamline/Non- streamline)
U   LIMITED/GLOBAL RESALE SERVICE
O   LIMITED/GLOBAL FACILITIES-BASED SERVICE
    LIMITED/GLOBAL FACILITIES-BASED/RESALE SERVICE
O   INDIVIDUAL FACILITIES-BASED SERVICE
o   INTERCONNECTED PRIVATE LINE RESALE SERVICE
o   INMARSAT AND MOBILE SATELLITE SERVICE
o   INTERNATIONAL SPECIAL PROJECT
0   SWITCHED RESALE SERVICE
0   TRANSFER OF CONTROL
0   ASSIGNMENT OF LICENSE
o   PRO FORMA TRANSFER/ASSIGNMENT
o   SPECIAL TEMPORARY AUTHORITY
0   SUBMARINE CABLE LANDING LICENSE
Description of Application:
       t'\5tv                 *   ts__ 7 p 1
      J_        f,civçcy-   o'c. (Ôl'lt4(      frleecf.


READ INSTRUCTIONS CAREFULLY                                                                                                                                                   APPROVED BYO            316O.58g
  BEFORE PROCEEDING                                                            FEDERAL COMMUNICATIONS COMMISSION                                                                         -'          LI      L.
                                                                                                                                                              SPECL USE
                                                                                    REMITTANCE ADVICE
                                                                                         -.               1           1                                       FCCUSEONLY
(1)LOCKBOX#             358115
                                                                                                                               2ZOLJtJ
                                                                           I             SECTION A - PAYER INFORMATION
     (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card)
                                                                                                                                                     I   (3) TOTAL AMOUNT PAID (dollars and cents)
     oCen Communications,                                            Inc.                                                                                $                                           780.00
     (4) STREET ADDRESS LINE NO. I
     4900 Rivergrade Road
     (5) STREET ADDRESS LINE NO.2
     Suite C-lb
     (6) CITY                                                                                            (7) STATE                                       (8) ZIP CODE
     Irwindale                                                                                           CA                                                  91706
     (9) DAYTIME TELEPHONE NUMBER (Include area code)                                                   (10) COUNTRY CODE (if not in U.S.A.)
      (626)         338-6611
                                      IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B
                                           IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159-C)
                                                                           I        SECTION B - APPLICANT INFORMATION
(11) APPLICANT NAME (if paying by credit card, enter name exactly as it appears on your card)
                                                                                                                                                  I
(12) STREET ADDRESS LINE NO.1
(13) STREET ADDRESS LINE NO.2
(14) CITY                                                                                               (15) STATE                                       (16) ZIP CODE
(17) DAYTIME TELEPHONE NUMBER (Include area code)                                                       (18) COUNTRY CODE (if not in U.S.A.)
       COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159-C)
                                                  (20A) PAYMENTTYPE CODE (PTC)
                                                                                    SECTION C - PAYMENT INFORMATION                              I
(19A) FCC CALL SIGN/OTHER ID                                                                       (21A)QUANTITY       (22A) FEE DUE FOR (PTC) IN BLOCK 20A                  FCC USE ONLY
                                                      C                        T                                     1 $                         780.00
(23A) FCC CODE 1                                                                                              (24A) FCC CODE 2
(196) FCC CALL SIGN/OTHER ID                      (20B) PAYMENT TYPE CODE (PTC)                    (21 B) QUANTItY     (22B) FEE DUE FOR (PTC) IN BLOCK 20B                  FCC USE ONLY
(23B) FCC CODE I
                                                              I            I                                           $
                                                                                                              (24B) FCC CODE 2
(19C) FCC CALL SIGN/OTHER ID                      (20C) PAYMENTTYPE CODE (PTC)                     (21C) QUANTITY      (22C) FEE DUE FOR (PTC) IN BLOCK 20C                  FCC USE ONLY
(23C) FCC CODE 1
                                                                           I         I                                 $
                                                                                                              (24C) FCC CODE 2
(1 9D) FCC CALL SIGN/OTHER ID                     (20D) PAYMENT TYPE CODE (PTC)                    (21 D) QUANTITY     (22D) FEE DUE FOR (PTC) IN BLOCK 20D                  FCC USE ONLY
(23D) FCC CODE 1
                                                              I            I         I                                 $
                                                                                                              (24D) FCC CODE 2
                                                        SECTION D - TAXPAYER IN FORMATION (REQUIRED)
(25)                                    __________________________________________________                    (26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN B-Il IS DIFFERENT FROM PAYER NAME IN A-2)
PAYERTIN                                1019151416 519151211                                                  APPLICANTTIN
                                                                                              SECTION E - CERTIFICATION   I
                                                                                                                                                              101        I I I I I I I I
(27) CERTIFICATION STATEMENT
I,   Valerie M.                                                   E sq.             , Certify under penalty of perjury that
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:
jMASTERCARD
                                 I                      I I                              I                                                                     MONTH
                                                                                                                                                                         I     YEAR
                       I hereby authorize the FCC to charge my VISA or MASTERCARD              AUTHORIZED SIGNATURE                                                 DATE
          vISA
                       for the sersce(s)Iajthoiization(s) hen described.
                                                                    SEE PUBLIC BURDEN ESTIMATE ON REVERSE                                                    FCC FORM 159 JULY 1997 (REVISED)


      DICKSTEIN SHAPIRO MORIN                                              OSHINSKY LLP
                            2101 L Street NW. Washington, DC 20037-1526
                               Tel (202) 785-9700 • Fax (202) 887-0689
                                    Writer's Direct Dial. (202) 833-5017
                                    E-Mail Address. Furman Vdsrno. corn
                                            April 25, 2000
VIA COURIER
Federal Communications Commission
International Bureau - Telecommunications
P.O. Box 358115
Pittsburgh, Pennsylvania 15251-5115
Re:    Request of oCen Communications, Inc. for Approval of Transfer of Section 214
       Authority (FCC Docket No. ITC-214-19990325-00182)
Dear Sir or Madam:
       On behalf of oCen Communications, Inc., pursuant to Section 63.18(e)(2) of the
Commission's Rules, we hereby submit an original and five (5) copies of its request for
approval of the transfer of the Section 214 authority held by oCen Communications, Inc.,
a California corporation to oCen Communications, Inc., a Delaware corporation.
     A completed FCC Form 159 and a check in the amount of $780 in payment of the
Commission's processing fee accompany this filing.
       We have included an extra copy of this filing, marked "Stamp and Return." Please
date-stamp the extra copy to confirm your receipt, and return it to the courier.
       Any questions regarding this filing may be directed to the undersigned.
                                                 Respectfully submitted,
                                                 OCEN COMMUNICATIONS, INC.
                                            By
                                                            Valerie M. Furman
VMF/clh
Enclosures
cc: Lew Paper
    Chris Au
    Charles Lee
    Lance Steinhart
                1177 Avenue of the Americas • 41st Floor. Nen' York, New York 10036-2 714
                                 Tel (212) 835-1400 • Fax (212) 997-9880
                                           ht-tp://wwwdsmo. corn


                                      Before the
                          FEDERAL COMMUNICATIONS COMMISSION
IN THE MATTER OF
oCEN COMMUNICATIONS, INC., A                     Docket No. ITC-214-_____________
CALIFORNIA CORPORATION
REQUEST FOR APPROVAL OF
TRANSFER OF SECTION 214
AUTHORITY FROM oCEN
COMMUNICATIONS, INC., A
CALIFORNIA CORPORATION, TO
oCEN COMMUNICATIONS, INC., A
DELAWARE CORPORATION
               REQUEST FOR APPROVAL OF TRANSFER OF AUTHORITY
          oCen Communications, Inc. ("oCen" or "the Company"), pursuant to Section
63.18 of the Commission's Rules, hereby requests Commission approval of the transfer of
the Section 214 authority held by oCen Communications, Inc., a California corporation to
oCen Communications, Inc., a Delaware corporation.
          By Public Notice dated June 4, 1999, oCen, formerly known as Pacific Telekey
Network, Inc., was granted an International Telecommunications Certificate under Section
214 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. §214, and
1139560 vi; _F@G01!.DOC


Section 63.18(e)(2) of the Commission's Rules.'          Pursuant to this certificate oCen is
authorized to provide global and limited global facilities-based and resale services.
           In conjunction with an initial public offering ("IPO") of stock, oCen has
reincorporated itself as "oCen Communications, Inc." in the State of Delaware. The new
Delaware oCen Communications, Inc. has already been formed, and has the same officers
and directors as the current California oCen Communications, Inc.          Upon Commission
approval of the instant transfer application, the assets of the California oCen
Communications, Inc. - including its authority under Section 214 of the Act - will be
transferred to the Delaware oCen Communications, Inc., and the California oCen
Communications, Inc. will cease to exist. The new Delaware oCen Communications, Inc.
will, following the transfer of assets, also have the same shareholders as the current
California oCen Communications, Inc. It is contemplated that the transfer of the assets of
the California oCen Communications, Inc. to the new Delaware oCen Communications,
Inc. will occur simultaneous with, or immediately prior to, the effective date of the IPO.
          The address of oCen's corporate headquarters will not change as a result of the
transfer of the assets of the California oCen Communications, Inc. to the new Delaware
oCen Communications, Inc., and oCen will continue to resell the long-distance
telecommunications services of its underlying carriers pursuant to oCen's existing tariff
provisions, including rates and charges.      All of oCen's current personnel will remain
      See Public Notice, Docket No. ITC-214-19990325-00182, Report No. TEL-
00095, DA-99-1059, (dated June 4, 1999).
                                               2
1139560 vi; _F@G01L DOG


employees of the corporation; service complaints and responses will be handled in the same
manner; and customers will continue to contact the same toll-free 800-number to obtain
service, make billing inquiries, and report outages.          The transfer of the assets of the
California oCen Communications, Inc. to the new Delaware oCen Communications, Inc.
will be completed in a seamless fashion that is transparent to oCen's customers and will not
adversely affect oCen's provision of telecommunications services pursuant to its
authorization under Section 214 of the Communications Act of 1934, as amended. 47
U.S.C. S 214. Customers will continue be able to purchase the same high quality services
from oCen following the transfer that they currently purchase.
           In support of its request for approval of an indirect change in control, and in accord
with Section 63.18(e)(5) of the Commission's Rules, oCen submits the following
information:
           1.         oCen's legal name, address and telephone number:
                      oCen Communications, Inc.
                      4900 Rivergrade Road, C-lb
                      Irwindale, California 91706
                      (626) 338-6611
          2.          oCen, formerly known as Pacific Telekey Network, Inc., was incorporated in
the State of California on October 14, 1997.             On October 26, 1999, Pacific Telekey
Network, Inc. formally changed its name to oCen Communications, Inc.                       oCen
Communications, Inc. is currently in good standing under the laws of the State of
California.          oCen currently provides resold interexchange (toll) telecommunications
                                                    3
I 139560 vi; F@G01 .DOC


services - primarily through the use of pre-paid calling cards - over the networks of other
authorized interexchange carriers. As stated above, there will be no changes to the services
provided by oCen, or the manner in which those services are provided, as a result of the
proposed transfer of its certificate of authority to             the new Delaware oCen
Communications, Inc. Likewise, oCen's tariff will remain in full force and effect.
          3.         The name, address and telephone number of the officer who should be
contacted in connection with the general management of oCen is:
          Chris Au
          Vice President of Asia Operations and Vice President of Legal
          oCen Communications, Inc.
          4900 Rivergrade Road, C-lb
          Irwindale, California 91706
          (626) 338-6611
          The names, addresses and telephone numbers of oCen's legal counsel are:
          Lewis J. Paper, Esq.
          Valerie M. Furman, Esq.
          Jacob S. Farber, Esq.
          Dickstein, Shapiro, Morin & Oshinsky, LLP
          2101 L Street, N.W.
          Washington, D.C. 20037
          (202) 833-5017
          (202) 887-0689 (fax)
          All correspondence or other communications regarding the instant filing should be
directed to oCen's above-designated counsel.
          4.        As stated above, effective June 4, 1999, oCen, formerly known as Pacific
Telekey Network, Inc. was granted global international resale authority under Section 214
                                                4
1139560 vi; _F@G01'DOC


of the Communications Act of 1934, as amended, 47 U.S.C. § 214, and Section
63.18(e)(2) of the Commission's Rules.2
              5.       The new Delaware oCen is not a foreign carrier and does not have any
affiliation, either directly or indirectly, with any foreign carrier, as the term "affiliation" is
defmed in part 63.18(h)(1)(i) of the Commission's Rules. 47 C.F.R. §63.18(h)(1)(i).
              As stated above, the new Delaware oCen Communications, Inc. has already been
formed, and has the same officers and directors as the current California oCen
Communications, Inc. Upon Commission approval of the instant transfer application, the
assets of the California oCen Communications, Inc. - including its authority under
Section 214 of the Act - will be transferred to the Delaware oCen Communications, Inc.,
and the California oCen Communications, Inc. will cease to exist.            The new Delaware
oCen Communications, Inc. will, following the transfer of assets, also have the same
shareholders as the current California oCen Communications, Inc.            The California oCen
Communications, Inc.'s current 10% or greater shareholders are:
2
    Id.
                                                  5
1139560 vi:   F@G01 .DOC


                                                                                            Percentage of
         Name of Beneficial Owner             Citizenship          Principal Business        Total Shaves
Entities affiliated with ING Barings LLC      British Virgin           Investment               20.2%
P.O. Box 431, Alexander House                    Islands
13-15 Victoria Road, St. Peter Port,
Guernsey, Channel Islands, GY1 3ZD
Excel-Foundation Limited                      British Virgin           Investment               15.2%
36/F New World Tower                             Islands
16-18 Queen's Road Central, Hong Kong      __________________   _________________________   _______________
Anderson Data Transmission Limited            British Virgin     Telecommunications and         15.2%
Room 3307-9, 33/F, Office Tower,                 Islands           Technology Services
Convention Plaza, No.1 Harbour Road
Wanchai, Hong Kong                         __________________   _________________________   ______________
Lloyd Fischer                                     U.S.           Telecommunications and         21.1%
c/o oCen Communications, Inc.                                          Investment
4900 Rivergrade Road, CilO
Irwindale, CA 91706
                                           ________________     ______________________
Simon Lo                                   People's Republic           Investment               15.2%
c/o oCen Communications, Inc.                  of China
4900 Rivergrade Road, CilO
Irwindale, CA 91706
                                           ________________     ______________________
Chan Ki                                       Hong Kong                Investment               15.2%
c/o oCen Communications, Inc.
4900 Rivergrade Road, CilO
Irwindale, CA 91706                        __________________   __________________________
Jean Salata                                       U.S.                  Investment         20.2%
c/o oCen Communications, Inc.
4900 Rivergrade Road, CilO
Irwindale, CA 91706
          6.         The California oCen Communications, Inc. and the Delaware oCen
Communications, Inc. each certify that they have not agreed to accept special concessions
directly or indirectly from any foreign carrier or administration with respect to any U.S.
international route where the foreign carrier possesses sufficient market power on the
foreign end of the route to affect competition adversely in the U.S. market, and further
certify that they will not enter into such agreements in the future.
                                                    6
1139560 vi; F@G0i .DOC


           7.         The California oCen Communications, Inc. and the Delaware oCen
Communications, Inc. each certify that neither the California oCen Communications, Inc.,
the Delaware oCen Communications, Inc., or any party to this request is subject to a denial
of Federal benefits pursuant to Sections 1.2001 through 1.2003 of the Commission's Rules
or Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. §853a.
           8.         The California oCen Communications, Inc. and the Delaware oCen
Communications, Inc. respectfully request streamlined processing of the instant request
pursuant to Section 63.12 of the Commission's Rules. As stated above, in conjunction
with an IPO, oCen has reincorporated itself as "oCen Communications, Inc." in the State
of Delaware, and the new Delaware oCen Communications, Inc. has the same officers and
directors as the current California oCen Communications, Inc. In addition, the new
Delaware oCen Communications, Inc. will, following the transfer of assets, also have the
same shareholders as the current California oCen Communications, Inc. The transfer of
the Section 214 authority currently held by the California oCen Communications, Inc. to
the new Delaware oCen Communications, Inc. will not result in oCen becoming affiliated,
either directly or indirectly, with a foreign carrier on any U.S. international route. In
addition, following the trnasfer, oCen will continue to operate under its existing name and
pursuant to its existing tariff, and will continue to provide service in the same manner as it
does currently. Accordingly, the California oCen Communications, Inc. and the Delaware
oCen Communications, Inc. believe the instant request qualifies for streamlined processing.
                                              7
1139560 vi; _F@G01 .DOC


                                      CONCLUSION
          WHEREFORE, oCen Communications, Inc., a California corporation respectfully
requests that the Commission grant the instant request for approval of the transfer of the
Section 214 authority held by oCen Communications, Inc., a California corporation to oCen
Communications, Inc., a Delaware corporation.
                                                  Respectfully submitted,
                                                  OCEN COMMUNICATIONS, INC.
                                            By:
                                                  Chris Au
                                                  Vice President of Asia Operations and
                                                    Vice President of Legal
                                                  oCen Communications, Inc.
                                                  4900 Rivergrade Road, C-ho
                                                  Irwindale, California 91706
Dated:       Apri\1 25, 20Q0
1133526 vi, _@M%Oi!DOC


                                                                          WELLS FARGO BANK
                                                                                                                    3350
          oCen Commwiication.s                                              9 1-119/1221(1)

           4900 Qivergra4e Qd: C110
              lrwindzk, Ca 91 706


                                                                                          DATE                     AMOUNT

                                                                                Mar 31, 2000           *********$780.O0*


PAY Seven Hundred Eighty and 0/100 Dollars

TO THE
ORDER
OF:




                                                                                                 THORIZED SIGWAT
                                        SECURITY FEATURES INCLUDED. DETAILS ON BAcK.a


                  "DD5O"              :L2LoLL':ooL                          ??II•


MAY ?O 21     18:2? FR DSMO                4A-E                                    TO     81S?1598OAOO   P.A
            DICKSTEIN SHAPIRO MORIN                                        r'   OSHINSKY LLP
                                   2101 L Szer NW Washingros, DC 20037-1526
                                      Td (202) 785-9700k Fx (202) 887-0689
                                           ir Dir DiaL (202) 333.5017
                                         E-Mail Addr Furwn Vt'4pn.e.eom
                                                  May 30, 2000
     VIA FACSIMILE TO
     (2O2 418-2824
     Ms. Alicia Smothers
     International Bureau - Telecommunications
     Federal Communications Commission
          12' Street, S.W.
     Room 6-A767
     Washington, D.C. 20554
     Re:     Supplement to Request of oCen Communications, Inc for Approval of Transfer of
             $jction 214 Authority (FCDocker No. ITC-214-1999Q325-00182)
     Dear Ms, Smothers:
            On behalf of oCen Communications, Inc., pursuant to a request from Ms, Fran
     Eisenstein of the Commission's staff, wc hereby submit a supplement to its request for
     approval of thc transfer of the Section 214 authority held by oCen Communications, Inc.,
     a California corporation to oCen Communications, Inc., a Delaware corporation.
            The supplement contains revised information regarding entities holding a ten
     percent (10%) or greater interest in oCen Communications, Inc., a California corporation.
            Any questions regarding this ]ing may be directed to the undersigned.
                                                      Respectfully submitted,
                                                         EN COMMUNIcATIONS, INC.
                                                 By
                                                              Valerie M Furman
     VMF/clh
     Enclosures
     cc: Lew Papcr
         Chris Au
         Charics Lee
         Lance Steinhart
                     11 77 Avenue of the Americas • 41si Floor • New York, New York 10036-2714
                                      Tel (212) 835-1400 • Fa (212) 997-9880


flHY Uki ^kiUki ib:ki FR DSMO                4A-B   TO   8l9?158B   33E1   P.iO
            CURRENT TEN PERCENT (10%) OR GREATER SHAREHOLDERS
          1N oCEN COMMUNICATIONS,1NC.,&CALIFORNIA CORPORATION
      Entities affiliated with ING Barings LLC
      P.O. Box 431, Alexandcr House
      l3-1 Victoria Road, St. Peter Port,
      Guernsey, Channel Islands, GY1 3ZD
      Excel-Foundation Limited
      36/F New World Tower
      16-18 Queen's Road Central, Hong Kong
      Anderson Data Transmissioii Urnited
      Room 33O79, 33/F, Otflcc Tower,
      Convention Plaza, Nod Harbour Road
      Wanchai, Hong Kong



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Document Modified: 0000-00-00 00:00:00

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