Attachment 20170207152738-703.p

20170207152738-703.p

SUPPLEMENT

Supplement

1999-04-12

This document pretains to ITC-214-19990412-00226 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999041200226_1415963

Streamlined ITC-21 4-1 9990412-00226 CABLE & WIRELESS GLOBAL MARKETS, INC. Categories of Services for 214 Applications (Streamline/Non-stream]. me) U ASSIGNMENT OF LICENSE U GLOBAL FACILITIES-BASED SERVICE El GLOBAL FACILITIES-BASED/GLOBAL RESALE SERVICE U GLOBAL RESALE SERVICE U INDIVIDUAL FACILITIES-BASED SERVICE O INTERCONNECTED PRIVATE LINE RESALE SERVICE V LIMITED GLOBAL FACILITIES-BASED SERVICE/LIMITED GLOBAL RESALE SERVICE I' El LIMITED GLOBAL FACILITIES- BASED SERVICE O LIMITED GLOBAL RESALE SERVICE O INMARSAT AND MOBILE SATELLITE SERVICE .' o SWITCHED RESALE SERViCE:,'ç O TRANSFER OF CONTROJ• o SUBMARINE . CABLE LANDING LI CENSE INTERNATTQNAL SPECIAL PROJECT

FCCI'MELLO APR 12 1999 FIRST UNION NATIONAL BANK WASHINGTON. DC 05404 KELLEY DRYE & WARREN LLP 15-122/540 1200 19TH STREET, N.W. 00480 WASHINGTON, DC 20036 April 12, 1999 PAY TO THE ORDER OF Federal Communications Commission 780.00 Seven-Hundred and Eighty-----------------------------------00/100----------------------55LLARS MEMO 009525.006 Filing fee 'oOSL1OL' ':o5L1ooL2OI:2oOoO3cOa53.

READ INSTRUCTIONS CAREFULLY APPROVED BY CUB 30e0-0511 BEFORE PROCEEOWdG FEDERAL COfUN1CAT1ONS COWIISSION REMITFANCE ADVICE PAOENOI_OL (1) LOCKBOX# 35u0 . 115 SECTIQ A - PAYER INFORMATION 2) PAVER NAEØ( pO7Wg 07 aU od. o MOpPna. O y '7) TOTAl. AMO'.O(T PAID )d, Kelley Drye & Warren LLP I) STREET ADDRESS Lilt $0.1 1200 19th Street, N.W. 5) STREET ADDRESS Lilt $0. Suite_500 ________________________________________ 0) CITY (7) STATE I) Washington, D.C. a.. oo) DAYTilE TE).EPHONE MSLR Id. 10) C0(MTRY COOt (N a. 0, U.SA) I 20036 (202) 955-9600 USA c fI . PLICANT INFoR M A 1'I d. .oa. a.on .1) APPIXANT IOAUE(N p.yV,g 07 a. k pp.a. on Cable & Wireless Glob1 Mrketc Inc 12) STREET ADDRESS Lilt $0.1 8219 Leesburg Pike 13) STREET ADDRESS Lilt $0. S 14) y (11) STATE 1(10) COOt Vienna Ii) DAYT.ME TELEPIIDNE V 1S) CO(MTRY COOt (N a. 0, U.5,.&) I 2212 (703) 9O5-i1ñQ 1 J J IONC Q ENRM FCC FCC COOt I I I I I 780. 00 FCC COOt 2 _____ lIt) FCC CALl. S001QOTNER C f2tt) PAY1OEJIT TYPE COOt (PlC) '°' VU bEt Fbi (PEON ILOCX a. 13t) FCC COCCI [1 FCC COOt S 11C) FCC CALL SI014JOOltA C IC) FCC COOt I liiir (20C) PAYSIEKY TYPE COOt (FTC) Ona.IIfl FEE bE Fbi (FTC) N ILCRE FCC coot 2 too) FCC CALl. SI004IDThE* c O0O) PAY1IEKT TYPE COOt (FTC) F24 FEE bEE FOE (FTC) NI&DCXa. SC) FCC COCCI FCC COOC S PAYER TIN o 1 13 15 13 13 I 51 Jo J, S CTI 7 N . PLICANT TIN eRTIFiCATlON • I I I I I I 2)CEA T 14A7)Ol ST kTNEJ(T Joan N. Gr i f f I n of perjury that the fog oing and supporting information are true and correct to the best of my knowledg e, infomatlon and belief. SIGNATuRE_- - L ONF - CREDITCAROPAYMENTI N FO K N SI) W._ ERCARDROA A.ilT t.AP.ON DAVEb- Th L 11111 111111 liii 11111 YEAR i I ZEDSID$ATU DATE o.y..a.a.adrovonAz1a.aon IYSTA ----- FCC FO 1W .l4.LY 1W? (NL'5)StD)

KELLEY DRYE & WARREN LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 1200 19TH STREET, N.W. NEW YORK, NY SUITE 500 FACSIM ILE LOS ANGELES, CA (202) 955-9792 WASHINGTON, D.C. 20036 MIAMI, FL CI-IICAGO, IL (202) 955-9600 STAMFORD, CT DIRECT LINE (202) 955-9786 PARSIPPANY, NJ E-MAIL: jgrIffinkeIIeydrye.com BRUSSELS, BELGIUM HONG KONG AFFILIATE OFFICES April 12, 1999 BANGKOK, THAILAND JAKARTA. INDONESIA MANILA. THE PHILIPPINES MUMBAI, INDIA TOKYO, JAPAN Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5 115 Attn: Susan O'Connell Re: Application of Cable & Wireless Global Markets, Inc. 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 Markets, Inc., 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, Th (Q iA M. Griffin Its Attorney JG:nrr Enclosures DCO1/GRIFJ/78695. 1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of CABLE & WIRELESS GLOBAL MARKETS, INC. Application for Authority Under File No. ITC - 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 Markets, Inc. ("CWGM" 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. § 63.18(e)(6), hereby requests authority to operate as a facilities-based and resale carrier. CWGM seeks authority to serve Russia and China in this Application. In Russia, CWGM is affiliated with three foreign 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 DCO1/GRIFJ/75 159.1

discriminate against unaffihiated carriers, or that it would not serve the public interest to apply the effective competitive opportunities ("ECO") test under these circumstances.1 CWGM and C&WUSA are similarly situated vis-à-vis the Cable & Wireless Russian affiliates and thus the same conclusions are warranted here. 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.2 With respect to the Sakhahin Island region, C&WT.JSA would be classified as (1) non-dominant, if it is 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.3 CWGM requests and accepts the same regulatory treatment in this Application. In China, CWGM is affiliated within the meaning of Section 63. 18(h)(1)(i)(A) of the Commission's Rules with the Shenda Telephone Company ("Shenda"). The Commission recently granted facilities-based and resale authority to C&WE.JSA to provide service to China.4 In that Order, the Commission recognized that C&WUSA is not affiliated within the meaning of Section 63. 18(h)(1)(i)(B) with Shenda or any other See Cable & Wireless, Inc., Order, Authorization and Certification, DA 98-628, rel. Apr. 2, 1998 at ¶IJ 10, 12-13 ("C&WUSA Russia Order"). The Cable and Wireless affiliates in St. Petersburg that were discussed in the C&WUSA Russia Order (i.e., Peterstar and Beeltic 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. 3 Id. at ¶j 15-16; see Cable & Wireless, Inc., Order, Authorization and Certificate, DA 98-1887, rd. Sept. 18, 1998, at ¶ 27, n. 64. 4 Cable & Wireless, Inc., Order, Authorization and Certificate, DA 98-2498, rel. Dec. 8, 1998 (the "C&WUSA China Order"). -2 DCO1/GRIFJ/75 159.1

carrier in China and thus that the ECO that does not apply to C&WUSA' s provision of service on this route.5 CWGM and C&WUSA are similarly situated vis-à-vis Shenda and thus the same conclusions are warranted here. In the C&WUSA China Order, the Commission held that C&WUSA would be classified as (1) a non-dominant carrier, if it is 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 services.6 CWGM requests and accepts the same regulatory treatment in this Application. CWGM recognizes that its authorization to provide facilities-based service to affiliated markets in Russia (j, the Sakhalin Island region, Nakhodka, and Vladivostok) will be subject to the benchmark settlement rate condition adopted in the Commission's Benchmark Settlement Rates Order7 and thus that it will be unable to provide facilities- based service on these routes until the settlement rates of CWGM's foreign affiliates on the routes are within benchmark.8 CWGM accepts this condition, except to the extent that the 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 China9 and thus there are no grounds for applying it to CWGM in this case. 5 Id. at Ii 9. 6 Id atlJlJ 18-19. 7 See International Settlement Rates, Report and Order, 12 FCC Rcd 19806 (1997) ("Benchmark Settlement Rates Order"). 8 In the C&WUSA Russia Order, the Commission did not apply the benchmark condition to C&WUSA's provision of facilities-based service to unaffiliated markets in Russia. C&WUSA Russia Order at ¶ 21, 9 See C&WUSA China Order at ¶ 22. -3 DCO1/GRIFJ/75159.1

CWGM requests that the Commission process this Application in accordance with its streamlined processing procedures. Streamlined processing is appropriate under Section 63.12(c) of the Commission's Rules, because the Commission has already determined the market power of CWGM's affiliates in these countries, and CWGM 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, CWGM sets forth the following information in support of this Application: (a) The name, address, and telephone number of the Applicant is: Cable & Wireless Global Markets, Inc. 8219 Leesburg Pike Vienna, VA 22182 Phone: (703) 905-4109 (b) CWGM is a corporation organized under the laws of the State of Delaware. (c) Correspondence concerning this Application should be sent to: Philip V. Permut Joan M. Griffin KELLEY DRYE & WAIuEN LLP 120019th Street NW Suite 500 Washington, D.C. 20036 Phone: (202) 955-9600 Fax: (202) 955-9792 (d) CWGM currently holds limited global resale authority, as granted in File No. I-T-C-98-474 (effective August 5, 1998). (e) CWGM is applying for authority pursuant to Section 63.1 8(e)(6) of the Commission's Rules to operate as a facilities-based and resale carrier for the provision of service to China and Russia. (f) No response required. -4 DCO1/GRJFJ/75 159.1

(g) CWGM will use previously authorized facilities to provide its facilities- based services and thus this Application is categorically excluded from environmental assessment pursuant to Section 1.1306 of the Commission's Rules. (h) (1) As evidenced by the certification provided in Attachment A, CWGM is affiliated with foreign carriers in the countries listed in Annex 1 to that Attachment. Also, CWGM is a foreign carrier in Canada. (2) CWGM 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 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, CWGM has no interlocking directorates with any other U.S. common carrier. (3) As evidenced by the certification provided in Attachment A, CWGM is indirectly affiliated with a U.S. carrier, Cable & Wireless, Inc. ("C&WUSA"). CWGM 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: As discussed above, CWGM is 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 unaffihiated U.S. carriers.'1 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 meanin of Section 63. 18(h)(1)(i)(B) with Shenda or any other carrier in China. 2 (6) See response to (h)(5) above. (7) See response to (h)(8) below. CWGM will file quarterly traffic reports to the extent required by the Commission. 10 The address of C&W plc is 124 Theobalds Road, London WC1X 8RX, England. 11 See C&WUSA Russia Order at ¶ ¶ 10, 12-13. 12 See C&WUSA China Order at ¶ 9. -5 DCO1/GRIFJ/75159.1

(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.'3 With respect to the Sakhalin Island region, C&WUSA would be classified as (1) non-dominant, if it is 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.14 CWGM 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, if it is 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.15 CWGM requests and accepts the same regulatory treatment in this Application. (i) As evidenced by the certification provided in Attachment A, CWGM 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. (j) As evidenced by the certification provided in Attachment A, CWGM 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(c)(1)(iii) of the Commission's Rules because the Commission has already determined the market power of CWGM' s affiliates in these countries, and CWGM will accept the regulatory treatment that the Commission has already found to be appropriate in light of these affiliates' market power. 13 See C&WUSA Russia Order at ¶ 15. 14 Id. at ¶11 15-16. 15 See C&WUSA China Order at ¶11 18-19. -6- DCO1/GRIFJ/75159.1

For the reasons stated herein, the Commission should grant the authority requested in this Application. Respectfiully Submitted, CABLE & WIRELESS GLOBAL MARKETS, INC. By: LU?L David Sexton'6 Chief Executive Philip V. Permut JoanM. Griffin KELLEY DRYB & WARREN LLP 120019th Street NW Suite 500 Washington, D.C. 20036 (202) 955-9600 Its Attorneys Date: __________ 16 Pursuant to Section 1.743(b) of the Rules, this Application is signed by CWGM's counsel on its behalf as all representatives of CWGM are absent from the U.S. -7 DCO1/GRIFJ/75 159.1

Attachment A CERTIFICATION The undersigned hereby certifies, on behalf of Cable & Wireless Global Markets, Inc. ("CWGM"), that: 1. CWGM is a foreign carrier (as that term is defined in Section 63.18(h)(1)(ii) of the Commission's Rules) in Canada. 2. CWGM is affiliated with foreign carriers that operate in the countries listed in Annex 1 to this Certification. 3. CWGM is affiliated with Cable & Wireless, Inc., a facilities-based U.S. carrier whose services CWGM plans to resell. 4. CWGM 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: David Sexton Chief Executive C, Date: 17 Pursuant to Section 1.743(b) of the Rules, this Application is signed by CWGM's counsel on its behalf as all representatives of CWGM are absent from the U.S. DCO1/GRIFJ/75 159.1

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 Macao Antigua Maldives Ascension Island Montserrat Australia Pakistan Barbados Panama Bermuda Philippines British Virgin Islands Russia Bulgaria Seychelles Canada Solomon Islands Cayman Islands St. Helena China St. Kitts & Nevis Diego Garcia St. Lucia Dominica St. Vincent Falkiand Islands Thailand Fiji Tonga Grenada Trinidad & Tobago Hong Kong Turks & Caicos Indonesia United Kingdom Jamaica Vanuatu Japan Yemen DCO1/GRIFJ/75 159.1


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