Attachment 20170207145534-817.p

20170207145534-817.p

SUPPLEMENT

Supplement

1999-04-12

This document pretains to ITC-214-19990412-00223 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999041200223_1415926

Streamlined / ITC-21 4-19990412-00223 CABLE & WIRELESS GLOBAL NETWORKS LIMITED (Ireland Categories of Services for 214 Applications %(Streamline/Non- streamline) ASSIGNMENT OF LICENSE Li GLOBAL FACILITIES-BASED SERVICE o GLOBAL FACILITIES-BASED/GLOBAL RESALE SERVICE 0 GLOBAL RESALE SERVICE 0 INDIVIDUAL FACILITIES-BASED SERVICE 0 INTERCONECTED PRIVATE LINE RESALE SERVICE LIMITED GLOBAL FACILITIES-BASED SERVICE/LIMITED GLOBAL RESALE SERVICE I 0 LIMITED GLOBAL FACILITIES-BASED SERVICE LI LIMITED GLOBAL RESALE SERVICE LI INMARSAT AND MOBILE SATELLITE SERVICE ' LI SWITCHED RESALE SERVICE: 'ç LI TRANSFER OF CONTROJ,• LI SUBMARINE CABLE LAND ING LICENSE LI INTERNATTONAL SPECIAL PROJECT

05406 FIRST UNION NATIONAL BANK WASHINGTON. DC KELLEY DRYE & WARREN LLP 15-122/540 1200 19TH STREET, N.W. 00480 WASHINGTON, DC 20036 April 12, 1999 PAYTOTHE Federal Communications Commission ORDER OF $ 780.00 _________________ Seven-Hundred and Eighty-----------------------------------0 0/100----------------------LLARS Filing fee 009525.006 MEMO i•OoSl1OIl'

READ INSTRUCTIONS CAREFULLY APPROVED BY 0MB 3060-0559 BEFORE PROCEEDMO FEDERAL COIUN1CATIONS CO?VSoN REMITTANCE ADVICE I I FCCI)SEO)LY 0 PAGENO lop i ( 1 ) LOCKBOX # 350 115 SECTIQ A - PAYER INFORMATION 2) PAYER NAUEI py9 by _____ ME 1W b pp j)3) TOTAl. AJ4OtINT PAID (d, Kelley Drye & Warren LLP I) STREET ADORESS LJIE NO.1 1200 19th Street, N.W. ) STREET ADORESS LEIE $0.2 Suite 500 N ETY Cl) STATE I') Washington, D.C. I 20036 4 DAYTRIE TELEPHONE *246E5 (bbd. . OA) (103 CO'.MTRY COOC (5 , k U.S.& (202) 955-9600 USA rc I - I PMAfl Ii) APPUCAWT 14AME(5 pfr'g by d. .IME pps . y 4 Cable & Wireless Global Networks Limited (Ireland) 3) STREET ADORESS LJIE NO.1 6 Fitzwilliam Square 3) STREET ADDRESS LIC $0.5 14) CITY (11> STATE I (1N cooc Dublin 2, Ireland 1) DAYTIME TELEPHONE MI4RER 5, .. sod.) I .103 COIMTRY CODE (5n b. U.SA3 011 -353-l_IFOLI_O'IOO I COMPLEESEGN 3OR r4> PA hA> FCC COCCI FCC CODE S LIE) FCC CAL>. SIOSROTMEA OPE) PAYMENT TYPE CODE (PTC) l2> PU ION pq ME I I 238) FCC CODE I i i I I rIm rcc cooc S ___ rt) iIC) FCC CAL>. S>GWOTIR PAYMENT TYPE 00€ (PIt) Jaoo.r. PU OLE FOE (Pit) II S>.OEE ME 1003) r 343) FCC COCCI FCC CODE j001 ( r .101 FCC CAL>. SIGI$0THC* K) PAYMENT I FEE OLE POE (5TQ lEGal ME 10003 _303 FCC COCCI hoc! FCC CODE PAYER11N n JaG ri f f . certiiy unc& penalty of peijury that thefosegolng and supporting Information are true and correct to the best of my knowledge, Infomatlon and betief. SIGNATURE_________ __________________ a) MEl I $QTON F - CREDIT CARD PAYMENT INFOI - T T1ON __ ___ flON DAlt. 1 I [ill 11111111111 ZED5ID$ATUNE IJU 1 DATE IYISA I PUR _I R_l 4_l.A

KELLEY DRYE & WARREN LLP A CIMITCD LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 1200 19TH STREET, N.W. NEW YORK, NY SUITE 500 FACSIMILE LOS ANGELES, CA (202) 955-9792 WASHINGTON, D.C. 20036 MIAMI, FL CHICAGO, IL (202) 955-9600 STAMFORD, CT DIRECT LINE (202) 95-9786 PARSIPPANY, NJ E-MAIL: jgriffinkeIIeydrya.com BRUSSELS, BELGIUM HONG KONG AFFILIATE OFFICES April 12, 1999 BANGKOK, THAILAND JAKARTA, INDONESIA MANILA, THE PHILIPPINES MUMBAI, INDIA TOKYO, JAPAN Federal Communication Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5115 Attn: Susan O'Connell Re: Application of Cable & Wireless Global Networks Limited (Ireland) for Authority Pursuant to Section 214 of the Communications Act of 1934, as Amended, to Operate As a Facilities-Based and Resale Carrier Between the U.S. and Jamaica and Between the U.S. and St. Kitts and Nevis Dear Sir or Madam: Cable & Wireless Global Networks Limited (Ireland), by its attorneys, hereby submits for filing an original and five (5) copies of its above-captioned application. Enclosed is a duplicate of this filing and a return envelope. Please date-stamp the duplicate upon receipt and return it in the envelope provided. Also enclosed is a check in the amount of $780.00 for the filing fee. Please do not hesitate to call me at the above referenced number if you should have any questions regarding this matter. Sincerely, 'n M. Griffin Its Attorney JG:nrr Enclosures DCO1/GR1FJ178770. 1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of CABLE & WIRELESS GLOBAL NETWORKS LIMITED (Ireland) ) File No. ITC -____________ Application for Authority Under Section 214 of the Communications Act of 1934, as Amended, to Operate as a Facilities-Based and Resale Carrier Between the U.S. and Jamaica and Between the U.S. and St. Kitts and Nevis APPLICATION Cable & Wireless Global Networks Limited (Ireland) ("CWGN" or "Applicant"), by its attorneys and pursuant to Section 214 of the Communications Act of 1934, as amended ("the Act") and Section 63.18(e)(6) of the Commission's Rules, 47 C.F.R. § 63.1 8(e)(6), hereby requests authority to operate as a facilities-based and resale carrier. CWGN seeks authority to serve Jamaica and St. Kitts and Nevis in this Application. CWGN is affiliated with Cable & Wireless Jamaica in Jamaica and with St. Kitts and Nevis Telecommunications, Ltd. in St. Kitts and Nevis. However, both countries are Members of the World Trade Organization ("WTO"). Thus, grant of authority to CWGN is appropriate under the rules and policies established by the Commission in its Foreign DCO 1/GR1FJ172765. 1

Participation Order.' In addition, CWGN notes that the Commission recently granted facilities-based and resale authority to two other Cable & Wireless companies, Cable & Wireless, Inc. ("C&WUSA") and Cable & Wireless Global Card Services, Inc. ("C&W Card Services") to provide service on these routes.2 In the C&WUSA Order, Commission regulated C&WUSA and C&W Card Services in their provision of service on these routes as (1) non-dominant, if these carriers are providing only switched services through the resale of other U.S. -authorized carriers' switched services (except affiliated U.S. carriers regulated as dominant on the route), and (2) dominant, if these carriers are providing any other service.3 CWGN requests and accepts the same regulatory treatment in this Application. CWGN recognizes that its authorization to provide facilities-based service on the routes requested will be subject to the benchmark settlement rate condition adopted in the Commission's BenchmarkSettlement Rates Order4 and thus that it will be unable to provide facilities-based service on any particular route until the settlement rates of CWGN's foreign affiliate on the route are within benchmark. CWGN accepts this condition, except to the extent that the condition is found to be unlawful. CWGN requests that the Commission process this Application in accordance with its streamlined processing procedures. Streamlined processing is appropriate under 1 Rules and Policies on Foreign Participation in the US. Telecommunications Market, lB Docket Nos. 97-142 and 95-22, Report and Order on Reconsideration, 12 FCC Rcd 23,891 (1997) (rel. Nov. 26, 1997) ("Foreign Participation Order"). 2 See Cable & Wireless, Inc., Order, Authorization and Certificate, DA 98-1887, rd. Sept. 18, 1998 (hereinafter the "C&WUSA Order"). 3 Id. at ¶11 25-26. 4 See International Settlement Rates, Report and Order, 12 FCC Rcd 19806 (1997) ("Benchmark Settlement Rates Order"). -2 DCO1/GRIFJ/72765.1

Section 63.12(c) of the Commission's Rules, because the Commission has already determined the market power of CWGN's affiliates in the countries, and CWGN will accept the regulatory treatment that the Commission has already found to be appropriate in light of these affiliates' market power. Pursuant to Section 63.18 of the Commission's Rules, CWGN sets forth the following information in support of this Application: (a) The name, address, and telephone number of the Applicant is: Cable & Wireless Global Networks Limited (Ireland) 6 Fitzwilliam Square Dublin 2, Ireland Phone: +011-353-1-404-0400 (b) CWGN is a corporation organized under the laws of Ireland. (c) Correspondence concerning this Application should be sent to: Philip V. Permut Joan M. Griffin KELLEY DRYB & WARREN LLP 1200_19th Street NW Suite 500 Washington, D.C. 20036 Phone: (202) 955-9600 Fax: (202) 955-9792 (d) CWGN currently holds Section 214 authority to provide facilities-based service on the U.S.-U.K. route. See Cable & Wireless Global Network Organisation Limited (Ireland), File No. I-T-C-98-497, effective August 19, 1998. (e) CWGN is applying for authority to operate as a facilities-based and resale carrier for the provision of service to Jamaica and St. Kitts and Nevis. CWGN seeks this authority pursuant to Section 63. 18(e)(6) of the Commission's Rules. (0 No response required. (g) CWGN will use previously authorized facilities to provide its facilities- based services and thus this Application is categorically excluded from 3 DCO1/GRIFJ/72765.1

environmental assessment pursuant to Section 1.1306 of the Commission's Rules. (h) (1) As evidenced by the certification provided in Attachment A, CWGN is affiliated with foreign carriers in the countries listed in Annex 1 to that Attachment. (2) CWGN is ultimately 100 percent owned by Cable and Wireless plc ("C&W plc"), a company organized under the laws of England and Wales.5 C&W plc is a holding company for a number of telecommunications operations worldwide. There are no shareholders that control ten percent or more of C&W plc. At present, CWGN has no interlocking directorates with any other U.S. common carrier. (3) As evidenced by the certification provided in Attachment A, CWGN is indirectly affiliated with a U.S. carrier, Cable & Wireless, Inc. ("C&WUSA"). CWGN proposes to resell the facilities-based international services of C&WUSA, as well as the facilities-based international services of other U.S. carriers, (4) No response required. (5) Every country for which authority is requested in this Application and in which CWGN has a foreign affiliate is a member of the WTO. (6) Every country for which authority is requested in this Application and in which CWGN has a foreign affiliate is a member of the WTO. (7) To the extent required, CWGN will file quarterly traffic reports under Section 43.6 1(c) of the Commission's Rules. (8) As noted previously, in the C&WUSA Order, the Commission regulated two other Cable & Wireless companies, C&WUSA and C&W Card Services, in their provision of service to Jamaica and St. Kitts and Nevis as (1) non-dominant, if these carriers are providing only switched services through the resale of other U. S.-authorized carriers' switched services (except affiliated U.S. carriers regulated as dominant on the route), and (2) dominant, if these carriers are providing any other service. CWGN requests and accepts the same regulatory treatment in this Application. (i) As evidenced by the certification provided in Attachment A, CWGN certifies that it has not agreed to accept special concessions directly or 5 The address of C&W plc is 124 Theobalds Road, London WC1X 8RX, England, -4 DCOL/GRIFJ/72765.1

indirectly from any foreign carrier 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 will not enter into such agreements in the future. (j) As evidenced by the certification provided in Attachment A, CWGN certifies that 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. (k) Streamlined processing is appropriate for this Application under Section 63.12 of the Commission's Rules because the Commission has already determined the market power of CWGN' s affiliates in these countries, and CWGN will accept the regulatory treatment that the Commission has already found to be appropriate in light of these affiliates' market power. -5 DCO1/GRJFJ/72765.1

For the reasons stated herein, the Commission should grant the authority requested in this Application. Respectfully Submitted, CABLE & WIRELESS GLOBAL NETWORKS LIMITED (Ireland) By: /Lit c{//(V& Antho General Manager and Director Philip V. Permut Joan M. Griffin KELLEY DRYE & WARREN LLP 120019th Street NW Suite 500 Washington, D.C. 20036 (202) 955-9600 Its Attorneys Date: 6 Pursuant to Section 1.743(b) of the Rules, this Application is signed by CWGN's counsel on its behalf as all representatives of CWGN are absent from the U.S. 6 DCO1/GRIFJ/72765.1

Attachment A CERTIFICATION The undersigned hereby certifies, on behalf of Cable & Wireless Global Networks Limited (Ireland) ("CWGN") and with respect to the foregoing application of CWGN, that: 1. CWGN is not a foreign carrier (as that term is defined in Section 63.1 8(h)( 1)(ii) of the Commission's Rules). 2. CWGN is affiliated with foreign carriers that operate in the countries listed in Annex 1 to this Certification. 3. CWGN is affiliated with Cable & Wireless, Inc., a facilities-based U.S. carrier whose services CWGN plans to resell. 4. CWGN has not agreed to accept special concessions directly or indirectly from any foreign carrier 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 will not enter into 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. By: Anthony S3tt7 General Manager and Director Date: IfI2/qy 7 Pursuant to Section 1.743(b) of the Rules, this Application is signed by CWGN's counsel on its behalf as all representatives of CWGN are absent from the U.S. DCO1/GRIFJ/72765. 1

Annex 1 to Attachment A COUNTRIES iN WHICH CABLE & WIRELESS plc POSSESSES 25 PERCENT OR GREATER COMMON DIRECT OR INDIRECT OWNERSHIP IN A CARRIER Anguilla Pakistan Antigua Panama Ascension Island Philippines Australia Russia Barbados Seychelles Bermuda Solomon Islands Bulgaria St. Helena British Virgin Islands St. Kitts & Nevis Canada St. Lucia Cayman Islands St. Vincent China Thailand Diego Garcia Tonga Dominica Trinidad & Tobago Falkland Islands Turks & Caicos Fiji United Kingdom Grenada Vanuatu Hong Kong Yemen Indonesia Jamaica Japan Macao Maldives Montserrat DCO 1/GRIFJ/72765. 1


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