Attachment 20170207150053-867.p

20170207150053-867.p

SUPPLEMENT

Supplement

1999-02-24

This document pretains to ITC-214-19990412-00224 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999041200224_1415934

ASSIGCNMENT OF LICENSE ‘N]EIDE]DD GLOBAL FACILITIES—BASED S GLOBAL RESALE SERVICE INDIVIDUAL FACILITIES—BAS! INTERCONNECTED PRIVATE LINE GLOBAL RESALE SERVICE — LIMITED GLOBAL FACILITIES—BASED SERVIC® 8 6 O LIMITED CLOBAL RESALE SERVIC INMARSAT AND MOBILE SATELLITE SERVICE § t SsWITCHED RESALE SERVICE,_ _ F C TRANSFER OF CONTROL,— O SUBMARINE CABLE LANDING LICENSE O INTERNATIONAL sPECIAL PROJECT \ ® + wz t R

FIRST UNL waAS fg»«» 05403 KELLEY DRYE & WARREN LLP 15—122/540 1200 19TH STREET, N.W. 00480 WASHINGTON, DC 20036 April 12, 1999 SQEQQSFE Federal Communications Commission $ _780 & 00 Seven—Hunderd And RBLQGLLy————_—uwrrnsasaseme mm mm mes Nfviie ies in bar in ts bon tas m h o 00 / i esnt tutDOLLARS ~<::f2§ MEMo _Filing fee 009525.006 1‘00 540 31® 1205400 i 2 2012 20000 31.540 5 31

mompummes [READ iNSTRUCTIONS CAREFULLY BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION RENITTANCE ADVICE L )ocksox & 35811 5_ meens.._L... o _L. .z)PAYERMmE!mhy!nitwnmquu!mm g ) TOTAL Al PAID (dollars and cents) Kelley Drye i; Warre1 LLP 4) STREET ADDRE SS LINE NO. 1 1200 19th Stireet, N.W. 5) STREET ADDRESS LINE NO. 2 Suite 500 6 ony n state im 1»cooe Washington, N.C. _ 20036 (9) DAYTIME TELEPHONE NUMBER (in dude area c de) (10) COUNTRY COODE (f not in U.S.A) (202) g65—9600 h USA 11) Dyfl!rnnn-u:wy Cable & Wireless_J_.i_.NQU_QLISi_LLmuE_d_(J_l&]fiDd) K12) STREET ADORESS LINE NO. 1 6 Fitzwilliam Square 13) STREET ADORESS LINE NO. 2 TEu (18) STATE 1@ ar cove Dublin 2, Ireland moAmutr:ermauaan-M (18) COUNTRY CODE (if not in U.S.A3 bormsnopmensopmenemen remnnnparepemenermennnn mmz 198) FCC CALL SIGVOTHER ID IMPAMTM(MM; ine quartity hnonmmpsmenmume 238) FCC COOE 1 19C) FCC CALL SIGAVOTHER ID 2 FEE DUE FOR (PTG N BLOCK z0C fesq ree cooe 1 (24C) FCC CObE 2 190) FCC CALL SIGN/OTHER ID (200) PAYMENT TYPE COOE (PTCG) ano quarrtty Gz0) FEE DUE FOR (PTG) IN BLOCK 200 [230) rec cooe 1 FeD) FCC cooe 2 rovns C 2ScECOHONE BsFotPAvd-i],]Hffla]l;j@"@fijfl@ L.x! ‘-'PUCANT'HN o iC A ON RTF ION $ TMEN ¥ & 1, can M. Griffin , Certify under penalty of perjury that the foregoing and supporting information Pror nase are true and correct to the best of my knowledge, infomation and belief. SIGNATURE Q(" fAJolA—

KELLEY DRYE & WARREN ccr A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 1200 I9"" STREET, N.W. NEWwYORK, NY SsUITE 500 FACSIMILE (gos) os — LCs AnerLcs, CA waAsHINGToON, D.Cc. 20036 s ass MIAM1, FL CHIcaGQ;, IL (202) ess—a600 STAMFORD, CT DIRECT LINE (202) 955—9786 PARSIPPANY, NJ E—MAIL: Jgriffin@kelleydrye.com BRUSSELS, BELGIUM HONG KONG . April 12, 1999 AFFILIATE OFFICES BANGKOK, THAILAND JAKARTA, INDONESIA MANILA, THE PHILIPPINES MUMBAI, IND lA 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 China and Between the U.S. and Russia Dear Sir or Madam: Cable & Wireless Global Networks Limited (Ireland), by its attorneys, hereby submits for filing an original and five (5) copies ofits 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, mffin P Its Attorney JG:arr Enclosures DCO1/GRIFJ/78767.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) CABLE & WIRELESS GLOBAL ) NETWORKS LLMITED (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 ) China and Between the U.S. and Russia ) APPLICATION Cable & Wireless Global Networks Limited (Ireland) ("CWGN" or "Applicant"), by its attorneys and pursuant to Section 214 ofthe Communications Act of 1934, as amended ("the Act") and Section 63.18(e)(6) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(6), hereby requests authority to operate as afacilities—based and resale carrier. CWGN seeks authority to serve Russia and 9}}ina in this Application. In Russia, CWGN is affiliated i/t‘lll;’dlr}oreign carriers — Sakhalin Telekom ("ST") and Sakhalin Svjaz ("SS"), which operate exclusively in the Sakhalin Island region of Russia, and Nakhodka Telekom ("NT"), which operates in the Nakhodka and Vladivostok regions. In granting facilities—based and resale authority to provide service to Russia to another Cable & Wireless company, Cable & Wireless, Inc. ("C&WUSA"), the Commission found that these affiliates either possess insufficient market power to discriminate against unaffiliated carriers, or that it would not serve the public interest to DCOL/GRIFJ/74794.1

apply the effective competitive opportunities ("ECO") test unde~ these circumstances.‘ CWGN and C&WUSA are similarly situsted v s—a—v s the Cable & Wireless Rusisia affiliates and thus th: same conclusions are wa Tante 1 here. In the Cé:WUS4 Ru.isia Order, the Comm: ss o1\ halc| that C&WUSA w auld t e cla: sifiec as a mnon—d:zr_nincnt Saem puuntt ~——— \ carrie 11its provisicnofservicetoallregi10ns )fRu smenicept he Sz khalin Isla: id . *s< —— s — \ [gg;on With respect to the Sakhalin Island re; ;1on, ‘C&W JSA woule be classificd as 1) non—dominant, if i; vias providing only switchei services t iwrough the esale of other U.S.— < + » 2 4 avithorized carriers‘ sw tched services (except s ffiliat 2d U. S. carriers ragulated as dominart on the route),. and (2) dominant, if it is providing any other service." CNGN requests and accepts th: same regulatory treatment it this . Application. In China, CVWGN is a.ffi(liaéed within the mea: iing cf Seciion 6.4.18(F)(M)@ (A) of the Commission‘s Riiles with the Shenda Telerhong Comp any (‘Sherda"). The Commission recer tly granted fac111t1es-baseda 1dres ale au thorlty to C&WUSA to provide serv1ce to Clrina.* In that Order the C4 )mmi; sion recog; uzed ‘hat C&W[ SAin — —— —_. not affil:‘a_t_ged within ‘he meaning of Section 63.18(h) 1)(@)(B) with Shinda or any other carrier in China ar d shus that theECO F?Ff_flcfi mot pply to C&WUS A‘s provisi n of * See Cable & Wireless, Inc., Order, Authorization, and Certificate, DA 98—628, rel. Apr. 2, 1998 at 4 10, 12—13 (CC&WUSA Russia Order"). The Cable and Wireless affiliates in St. Petersburg that were discussed in the C&WUSA Russia Order (i.e., Peterstar and Baltic Communications Ltd.) have since been sold. See Cable & Wireless, Inc., Notification of Foreign Affiliation, File No. FCN—NEW— 19980904—00028, filed Sept. 4, 1998. 2 C&WUSA Russia Order at 15. * 1Id. at | « 15—16; See Cable & Wireless, Inc., Order, Authorization and Certificate, DA98—1887, rel. Sept. 18, 1998, at ©27, n. 64. * Cable & Wireless, Inc., Order, Authorization, and Certificate, DA98—2498, rel. Dec. 8, 1998 (the "C&WUSA China Order"). «J DCOL/GRIFJ/74794.1

service on this route." CWGN and C&WUSA are similarly situated vis—a—vis Shenda and . thus the same conclusions are warranted here. In the C&WUS4A China Order, the Commission held that C&WUSA would be classified as (1) a non—dominant carrier, if it was providing only switched services through the resale ofother U.S.—authorized carriers‘ switched services (except affiliated U.S. carriers regulated as dominant on the route), and (2) dominant, if it is providing any other service.© CWGN requests and accepts the same regulatory treatment in this Application. CWGN hat its authorization to provide facilities—based service to —, affiliated markets in Russia (i.e., the Sakhalin Island region, Nakhodka, and Vladivostok) will be subject to the benchmark settlement rate condition adopted in the Commission‘s Benchmark Settlement Rates Order‘ and thus thatit will be unable to provide facilities— based service on the routes until the settlement rates of CWGN‘ s foreign affiliates on the routes are within benchmark." CWGN accepts this conditiwm@t_g_ the exteqj@\t\_hat the ]fi/ sn condition is found to be unlawful. The Commission did not impose the benchmark settlement rate condition on C&WUSA‘s provision of facilities—based service to China" and thus there are no grounds for applying it to CWGN in this case. CWGN requests that the Commission process this Application in accordance with its streamlined processing procedures. Streamlined processing is appropriate under * Id. at T9. 6 Id. at 4 18—19. 3 See International Settlement Rates, Report and Order, 12 FCC Red 19806 (1997) ("Benchmark Settlement Rates Order"). $ In the C&WUSA Russia Order, the Commission did not apply the benchmark condition to C&WUSA‘s portion of facilities—based service to unaffiliated markets in Russia. C&WUSA Russia Order at (21. * See C&WUSA China Order at 12. DCOL/GRIFJ/74794.1

Section 63.12(c) of the Commission‘s Rules, because the Commission has already determined the marketpower 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. Pursuant to Section 63.18 of the Commission‘s Rules, CWGN sets forth the following information in support ofthis 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 ofIreland. (c) Correspondence concerning this Application should be sent to: Philip V. Permut Joan M. Griffin KELLEY DRYE & WARREN LLP 1200—19"" 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 Russia and China. CWGN seeks this authority pursuant to Section 63.18(e)(6) of the Commission‘s Rules. (63) No response required. (g) CWGN will use previously authorized facilities to provide its facilities— based services and thus this Application is categorically excluded from DCOL/GRIFJ/74794.1

environmental assessment pursuant to Section 1.1306 of the Commission‘s Rules. —(®) (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."" C&W pic is a holding company for a number of telecommunications operations worldwide. There are no shareholders that control ten percent or more of C&W ple. 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, 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) Russia: Asdiscussed above, CWGNis affiliated with SS, ST, and NT in Russia. In the C&WUSA Russia Order, the Commission held that NT does not possess sufficient market share or control bottleneck facilities to enable NT to discriminate against unaffiliated U.S. carriers. With respect to SS and ST, the Commission found that it would not serve the public interest to apply the ECO test with respect to these affiliates. China: As discussed above, in the C&WUSA China Order, the Commission held that C&WUSA is not affiliated within the meanm% of Section 63.18(h)(1)(i)(B) with Shenda or any other carrier in China. (6) See response to (h)(5) above. (7) See response to (h)(8) below. CWGN will file quarterly traffic reports to the extent required by the Commission. (8) Russia: In the C&WUSA Russia Order, the Commission held that C&WUSA would be classified as a non—dominant carrier in its provision of service to all regions of Russia except the Sakhalin Island region." to The address of C&W plc is 124 Theobalds Road, London WCIX 8RX, England. U See C&WUSA Russia Order at T{10, 12—13. 12 See C&WUSA China Order at 19. 1# See C&WUSA Russia Order at 15. DCOL/GRIFJ/74794.1

With respect to the Sakhalin Island region, C&WUSA would be classified as (1) non—dominant, if it was 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 it is providing any other service."* CWGN requests and accepts the same regulatory treatment in this Application. China: In the C&WUSA China Order, the Commission held that C&WUSA would be classified as (1) a non—dominant carrier, ifit was 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 it is providing any other service." CWGN requests and accepts the same regulatory treatment in this Application. O As evidenced by the certification provided in Attachment A, CWGN certifies that it 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. 0) 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 Commissionhas 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. i 1d. at {15—16. 5 See C&WUSA China Order at § 18—19. —§— DCO1/GRIFJ/74794.1

For the reasons stated herein, the Commission should grant the authority requested in this Application. Respectfully Submitted, CABLE & WIRELESS GLOBAL NETWORKS LLMITED (Ireland) By: A)/]“/’AM M/W%\ Anthony Scott! General Manager and Dlrector Philip V. Permut Joan M. Griffin KELLEY DRYE & WARRENLLP 1200—19°" Street NW Suite 500 Washington, D.C. 20036 (202) 955—9600 Its Attorneys Date: 2)4 54 16 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. i Jz DCOL/GRIFJ/74794.1

Attachment A CERTIFICATION The undersigned hereby certifies, on behalf of Cable & Wireless Global Networks L imited (Ireland) ("CWGN") and with respect to the fare going appl catio 1 of CWGN, th at: 1. CWGN is not a foreign carrier (as that term i; defined it. Sect on 63.18(h)(1)(ii) of the Commission‘s Rules}. 2. CWGN is affiliated with foreign carriers that operate in the: countriss listed in Annex 1 to this Certification. 3. CWGN is affiliated with Cable & Wireless, Inc., a facilities—based U.%. carrier whose services CWGN plans to resell 4. CWGN has not agreed to accept special concssions direct.y or indirectly from any foreign carrier viith respect to any U.S. inte national rout: where the foreign carrier possesses sufficient marke: power on the fureigr. end of the route to affect competition adversely in the U.S. market and vill not enter into such agreements in the future. 5. No party to this Application is subject to a denial of F ed sral banefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. By: %;y%szé sgfizzjfiéh« General Manag »r and Director Date: 6 /2 7’ 47 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. DCOL/GRIFJ/74794.1

Annex 1 to Attachment A COUNTRIES IN WHICH CABLE & WIRELESS plc POSSESSES 25 PERCENT OR GREATER COMMON DIRECT OR INDIRECT IN Anguilla Pakistan Antigua Panama Ascension Island Philippines Australia Russia Barbados Seychelles Bermuda Solomon Islands British Virgin Islands St. Helena Bulgaria 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 DCOL/GRIFJ/74794.1


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