Attachment 20170207154004-823.p

20170207154004-823.p

SUPPLEMENT

Supplement

1999-04-12

This document pretains to ITC-214-19990412-00227 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999041200227_1415974

To Streamlined § ITC—214—19990412—00227 CABLE & WIRELESS GLOBAL NETWORKS LIMITED (Ireland Categories of Services for 214 Applications WNon streamline) C ASSIGNMENT OF LICENSE C GLOBAL FACILITIES—BASED SERVICE C GLOBAL FACILITIES—BASED/GLOBAL RESALE SERVICE C GLOBAL RESALE SERVICE Ne is INDIVIDUAL FACILITIES—BASED SERVICE Y C INTERCONNECTED PRIVATE LINE RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICE/LIMITED GLOBAL RESALE SERVICE . C LIMITED GLOBAL FACILITIES—BASED SERVICE @ LIMITED GCLOBAL RESALESERVICE j C INMARSAT AND MOBILE'sargLLITE_éERVIcE 7 J>. C SWITCHED RESALE SERVICE,_ _ . R CS A 0) TRANSFER OF CONTROL— : & § SUBMARINE .CABLE LANDING LICENSE C . INTERNATIONAL SsPECIAL PROJECT = > l t af & @é:/ * Faldi" X@/@(fl o ’@%W MA a HM/;%\ERZ

ave Fil F UNION NATIONAL BANK WASHINGTON, DC KELLEY DRYE & WARREN LLP 15—122/540 1200 19TH STREET, N.W. 00480 WASHINGTON, DC 20036 Ap ril 12 1999 THE & s e PAY TO OF ORDER Federal Communications Commiss: on __$ 780 .00 geven—Hundred and RBiGhEky—=~—=~====u===m==~=~: mer=w_w_~«=~wwemt im~DOJLOQ————==—=:"=~—r~——~~~—~~ ~DOLLARS MEMO Filing fee 009525.006 BZ.K .5 _ > Heace, x £ 7 ?v\%:.’/éf hifi t 1"00 540A 1205400 12 20 20000341 908 53)°

[READ INSTRUCTIONS CAREFULLY APPROVED BY OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE PAGE NO.1 1 1 Locksoxs _358.115 F, ,A,ERWQM.,aF.___MWm E)TOTAL MIO\.I! PAJD (dollars E—l and Ke l1ey Drye & Warren LLP: ‘) STREET ADORESS LINE NO. 1 ©120019th Street, N.W. 5) STREET ADORESS LINE NO. 2 [_§uite500 q CTY (7) STATE | Washington, D.C. (9) DAYTIME TELEPHONE NUMLER (Include srea code) (10) COUNTRY CODE (if not in U.S.A) (202) 9559600 _ usA Sx e “, 8e a»}“’“fi' .:"—é« A W’ CeEctione—A uq.m-mm.uNTORN eard, entur neme ixactly as appeers on your card Cable & Wireless Global Networks Limited (Ireland) 12) STREET ADORESS LINE NO. 1 6 Fitzwilliam Square (13) STREET ADORESS LINE NO, 2 14) ony (18) STATE 1@ zP cove Dublin 2, Ireland (17) DAYTIME TELEPHONE NUMBER Oncludearea code} ((18) COUNTRY CODE (f not in U.S.A) (23A) FCC COO€ 1 198) FCC CALL SIGN/OTHER iD |M PAYMENT TYPE CODE (PTC) 238) FCC COOE 1 19C) FCC CALL SIGM/OTHER 1O |aoqnmexrm:con:m (230) FCC COOE 1 ‘awm! ‘Z T ,0- = PAYER TIN o|f 1| 3 |5 |3 [3 5 1Jé)fi 7 PLICANT TIN § — I L Joan M. Griffin _wyuwpmwapgququmm ng and suppomng Iniotmatjon (PRINT MAME) are true and correct to the best of my knowledge, infomation and belief. SIGNATURE p aanp..@ECLONP—_CREDEE CARD PAYMENTINFORMATION______| : ‘——p> MSA lmmum‘nqw-m horin described.

KELLEY DRYE & WARREN ccr A .IMITED LIABIL TY P RTNLRSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 2O IQTH STREET, N.W. NEW YORK, NY S JITE 500 FACSIMILE: LOS ANGELES, CA (i2O2) os5—0or V AS HING *ON, D.C. 20036 MIAM1, FL CHica@o, iL (2c 2) ass—9600 STAMFORD, CT DIRECT LINE (202) 955—9786 PARSIPPANY, NJ E—MAIL: jgriffin@kelleydrye.com BRUSSELS, BELGIUM HONG KONG AFFILIATE OFFICES Ap i1 12, 1998 BANGKOK, THAILAND JAKARTA, INDONESIA MANILA, THE PHILIPPINES MUMBAI, INDIA TOKYO, JAPAN Federal Communication Comi nissic n International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251—5115 Attn: Susan O‘Contiell Re: Application of Cabl : 6: Wir cless Globiil Het warks Limited (Ireland) for Authority Pur juant to Sectim 214 of t 1e Comiaunications Act of 1934, as Amended, to Operace \s a l‘acilities—Bas(c d : inc| Resale Carrier Between the U.S. and Inter rationial Poin s as Listed in A ta ‘hment A Dear Sir or Madam: Cable & Wireless Glot al Ne :w »rk‘s I imited (Irelan 1), by its attorneys, hereby submits for filing an original and five (5) «opies of its ab ave—captioned ap pli :ation. Enclosed is a duplicate of this filing and a return enve ope. Pl ass date—stamp the luplicate upon receipt and return it in the envelope provided. Also enclosed is a cl eck 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, oan M. Griffin Its Attorney JG:nrr Enclosures DCO1/GRIFJ/78771.1

Before the: FE )ERAL COMNV UNICATIONS COMMISSION ‘Wash ngton, D.C‘. 20554 In the Matter of Ns Nu! No Nes No Nes Nust! Nust! Nunt! Nt Nust! Nut CABLI! & WIREL] :SS CLOEBEAL NETW DRKS LLIM] TED (Irels nd) Fil: No. ITC — Applic: tion for Aut r10rity Under Section 214 of the C omm immications Act of 1. 934, as Ame nded, to O perat® as a Fasilities—Based and Resale Carrier Between th: U.S. and International Points as Listed in Attachinent A A PLICATIDN ‘cable & Wire less Cilobal Netw orks Limited (Ireland) ("CWGN" or "Applicant"), by its attorneys and p irsua it to Sectio 1 214 of the Communications Act of 1934, as amende1 ("the Act") ind Sxctior 63.1i}(e)(6 ) of thz Corimission‘s Rules, 47 C.F.R. § 63.15 (e)(6), hereby riquests autt ority to operate as a favilitie;—based and resale carrier. CWCIN seeks authori :y to serve che international points listed in Attachment A. CWGN is affiliated with foreign carriers in all of the countries for which authority is requested in this Application. Each of these countries is a Member 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 Participation Order.. CWGN Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, IB Docket Nos. 97—142 and 95—22, Report and Order on Reconsideration, 12 FCC Red 23,891 (1997) ("Foreign Participation Order‘"). DCOL/GRIFJ/72218.1

recognizes that its authorization to provide facilities—based service on the routes requested will be sdbject to the benchmark settlement rate condition adopted in the Commission‘s Benchmark Settlement Rates Order® 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. In five of the countries for which authority is requested — the Philippines, Bulgaria, Indonesia, Pakistan, and Thailand —— the Commission has already found, in granting similar authority to a related Cable & Wireless company, Cable & Wireless, Inc. ("C&WUSA"), that CWGN‘s foreign affiliate lacks market power. See Cable & Wireless, Inc., Order, Authorization and Certificate, File No. I—T—C—97—335, released January 20, 1998 (the Philippines); Cable & Wireless, Inc., File No. I—T—C—98—136, released April 2, 1998 (Bulgarian, Indonesia, Pakistan, and Thailand). Accordingly, CWGN requests that the Commission classify CWGN as a non—dominant carrier in its provision of service to these countries. In all other countries for which authority is requested, CWGN agrees to accept dominant carrier treatment. CX CWGN 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 each of the countries for which authority is requested is a member of the WTO, and either the Commission has already * See International Settlement Rates, Report and Order, 12 FCC Red 19806 (1997) ("Benchmark Settlement Rates Order"). DCOL/GRIFJ/72218.1

found that the foreign affiliate lacks market power or CWGN agrees to dominant carrier treatment. Pursuant to Section 63.18 of the Commission‘s Rules, CWGN sets forth the following information in support of this Zipplication: (a. The name, sdd es s, and telephone numberr of the Applicant is: Cable & ‘Wirel :ss Global lNNetwerks Limitec. (Irelanc) 6 Fitzwilliain & quare Dublin 2, Ir:la id Phone: +011—: 53 —1—404—(403) (b.) CWGN is a co poration organiz d under the laws of Ireland. Correspondince concerning this Application should be sent to: Philip V. Perm it Joan M. Gri ffin, KELLEY DR/E & ‘NARREN LLP 1200—19°" Sireet NW Suite 500 Washington, D.C. 20036 Phone: (20%)) ©55—9600 Fax: (202) 95—9792 (d. CWGN curtenily holds Section 214 authority to provide facilitias—based service on the 1J.£.—U.K. route. See Cable & Wireless Global Network Organisation Lim‘ted (Irel ind), ‘"ile 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 the international points listed in Attachment A. CWGN seeks this authority pursuant to Section 63.18(e)(6) of the Commission‘s Rules. 8 No response required. (g) CWGN 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. DCOL/GRIFJ/72218.1

(h) (1) As evidenced by the certification provided in Attachment B, 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 Wale:." Cé:W plc i; a ho ding sompany for a number of elecommuniciitions oper;tions worldwide. There ire no shareholders thai sor trol ten percent or more cf C&W j)lc. At present, CWGIN has no nterlocking directorates viith any othsr U.S. common carrier. 3) As evidenced by the certification provided ir Attachnient B, CWGN s t idirectly af iliated viith a U.S. canier, C&WUS,A. CVWGN proposes to ‘esc:ll the facilities—based internationa . services 0 C&WUSA, as well as he facilities—biised i iterns tional services ofother U.S. ca Tiers. 4) No response required. 5) Every country; for which authorit:» is requested n this Application and n which CWWVCN has a foreign sffiliate is a member of th: WTO. 6) Evzery countr; for which authorit is requested n this Application and n vwhich CWVCN has a foreign sffiliate is a member of th: WTO. 7) See respor se to (h)(8] below. 8) CWGN requests non—lomninan: tr:atment in its »rovision of service to he Pkilippines, Bulgaria, Inconesia, l‘akistan, and "haila ad. Non— lor 1ir ant treat nent s spp ‘of riate on these route:. b:cause: the Commissiotr. ias already fou nd, in gran :in}; authority to a related Cable & Wireless ‘onipany, C&WUS\, that CWNCGIN‘s foreign carrier affiliate in these countries lack narket power. Sze Cale & Wireless, Inc., Order, Authorization and Certificate, File No. I—T—C—97—335, released January 20, 1998 (the Philippines); Cable & Wireless, Inc., File No. I—T—C—98—136, released April 2, 1998 (Bulgaria, Indonesia, Pakistan and Thailand). On all other routes, CWGN accepts dominant carrier treatment. As evidenced by the certification provided in Attachment B, 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. * The address of C&W ple is 124 Theobalds Road, London WC1X 8RX, England. DCOL/GRIFJ/72218.1

G) As evidenced by the certification provided in Attachment B, 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, for every country for which authority is requested in this Application, either CWGN has a foreign affiliate, but the country is a member of the WTO and the FCC has already determined that the foreign affiliate lacks market power;, or CWGN has a foreign affiliate, but the country is a member of the WTO and CWGN has agreed to accept dominant carrier status. DCO1/GRIFJ/72218.1

For the reasons stated herein, the Commission should grant the authority requested in this Application. Respectfully Submitted, CABLE & WIRELESS GLOBAL NETWORKS LLMITED (Ireland) By: _AM¥hny ket/Wr- Anthony Scoft* General Manager and Dlrector Philip V. Permut Joan M. Griffin KELLEY DRYE & WARREN LLP 1200—19"" Street NW Suite 500 Washington, D.C. 20036 (202) 955—9600 Its Attorneys Date: ¢///2/ 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. —6— DCO1/GRIFJ/72218.1

Attachment A COUNTRIES FOR WHICH AUTHORITY IS REQUESTED Antigua Barbados wamBulgaria Dominica Fiji Grenada ®==Indonesia Macao , Maldives maxmap Pakistan Panama w®=»Philippines Solomon Islands St. Lucia St. Vincent s Thailand Trinidad & Tobago DCO1/GRIFJ/72218.1

Attachment B 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: . CWGN is not a foreign carrier (as that term is defined in Section 63.18(h)(1)(ii) of the Commission‘s Rules). ._CWGN is affiliated with foreign carriers that operate in the countries listedin Annex 1 to this Certification. ._CWGN is affiliated with Cable & Wireless, Inc., a facilities—based U.S. carrier whose services CWGN plans to resell. ._ 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. ._ 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. v: Autowooptu— Anthony Séott General Manager and Dlrector Date: afi2l44 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/72218.1

Annex 1 to Attachment B 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 St. Helena British Virgin Islands St. Kitts & Nevis Bulgaria St. Lucia Canada St. Vincent Cayman Islands Solomon Islands 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 DCO1/GRIFJ/72218.1


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Document Modified: 2019-04-08 20:05:59
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