Attachment 20170207154910-697.p

20170207154910-697.p

SUPPLEMENT

Supplement

1999-04-12

This document pretains to ITC-214-19990412-00229 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999041200229_1415985

(9ea Streamlined ITC—214—19990412—00229 CABLE & WIRELESS GLOBAL NETWORKS LIMITED (Ireland Categories of Services for 214 Applications (Streaml;ne/Noqastreaml1ne) ASSIGNMENT OF LICENSE !l{f 6 |a 9. 9. a GLOBAL FACILITIES—BASED SERVICE CLOBAL FACILITIES—BASED/GCLOBAL RESALE SERVICE CLOBAL RESALE SERVICE $ha.) INDIVIDUAL FACILITIES—BASED SERVICE _ INTERCONNECTED PRIVATE LINE RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICR/LIMITED CLOBAL RESALE SERVICE > LIMITED GLOBAL FACILITIES—BASED SERVICE @1 LIMITED GLOBAL RESALE SERVICE 19 0 0 ©. INMARSAT AND MOBILE SATELLITE SERVICE $ SsWITCHED RESALE SERVICE_ _ TRANSFER OF couTR6£7‘ SUBMARINE .CABLE LANDING LICENSE @ o ,UINTERNATIONAL SPECIAL PROJECT 2 Nes * + t oR 7 Descrlptlon of Appllcat10n°

; t3 t# — $ & m o esmag FIRST UNION NATIONAL BANK 5 WASHINGTON, DC KELLEY DRYE & WARREN LLP 15—122/540 00480 1200 19TH STREET, N.W. WASHINGTON, DC 20036 April 12, 1999 (P)ART).EFS SPE Federal Communications Commission $ 780 .00 Soeven~—Hundreod. ANO —BEAGNLY —— — «w — — = 1+ m m s m s w me wo h ts t m h tas ts ts ts tas ts Sn Sus ts se fat Sne tw tss ons tw ten t OO/1Q00Q———_—__—_—_.__—____—__—__«DOLLARS _Filing fee 009525.006 / / x MEMO 1‘00 540 51® 1105400 i1 2 2012 20000346908 § 31°

ormmpmensemm [READ INSTRUCTIONS CAREFULLY APPROVED BY OMB BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE raceno,_1___or__1__ m uocksoxs__358.115 __SECHONA_—PAYER_INFORMA| 2) PAYER NAME pqmm-eru wfl.-!undqm appeers on your card — 3 S — ) TOTAL PAD(ddm:m-m,--‘ KelleyDrye & Warren LLP | % ' . | 4) STREET ADORESS LINE NO. 1 1200 19th Street, N.W. 5) STREET ADDRESS LINE NO. 2 Suite 500 © ony tm state TiP cooe Washinaton, D.C. F;OO36 ) DAYTIME TELEPHONE muau {include anse code) (10) COUNTRY COOE (if not in U.SA) 9600 (202) 955 |_USA 11) pt by card, enter name exanctly as Cable & Wireless Global Networks Limited (Ireland) (12) STREET ADORESS LINE NO. 1 6 Fitzwilliam Square 13) STREET ADORESS LINE NO. 2 Tlu in stare na ns coose Dublin 2, Ireland (17) DAYTIME TELEPHONE NUMSER Gnclude area code) (18) COUNTRY CODE (f not in U.S.A) 011 353l-hOH 0400 enc brompane (23A) FCC COOE 1 K198) FCC CALL SIGN/OTHER iD |(zoqnvuzxrnr’:coo¢m hcmmmes (238) FCC COOE 1 rosernonmnosmsannsenmsmemenmemeansemessennmescconsegrnntermmneememremaenenmrmme 19C) FCC CALL SIGMPOTHER ID (200) PAYMENT TYPE CCOE (PTQ) (23G) FCC CODE 1 (190) FCC CALL SIG/OTHER 1D 230) FCC COOE 1 20 & w ns 3 1 PAYER TIN Oo| 1|3 |5 [3 [3 5| 1 |O 7 PLICANT TIN 2 — 1 L oan M. Griffin JCufifyur\d«peruhyolporjurydutunlstu porting information PrReNT Manie) . P T are true and correct to the best of my knowledge, infomation and belief. SIGNATURE__ _1 Q’é(/éflé/t/ -:fioi([d| —CREOLCARD.unlf‘fi'flm-_ s misa mmumimqmum e havein deecsibed, I < ; oserens. T

KELLEY DRYE & WARREN icr A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 1200 IG"T" STREET, N. W. NEw York, NY SUITE 500 FACSIMILE Los ANGELES, CA (202) ass—o7902 WASHINGTON, D.C. 20036 MIAM1, FL CHICAGO, IL (202) ass—2600 DIRECT LINE (202) 955—9786 STAMFORD, CT E—MAIL: |griffin@kelleydrye.com PARSIPPANY, NJ 19 & yary BRUSSELS, BELGIUM HONG KONG April 12, 1999 AFFILIATE OFFICES 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 Various International Points 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, . 7 & Joar M. Griffin " / Its Attorney JG:aorr Enclosures DCOL/GRIFJ/78697.1

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 Various International Points 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 Sections 63.18(e)(1),(2), and (6) of the Commission‘s Rules, 47 C.F.R. §§ 63.18(e)(1),(2), and (6), hereby requests authority to operate as a facilities— based and resale carrier. CWGN seeks authority to serve all international points except those countries listed in Attachment A. CWGN is affiliated with a number of foreign carriers in the countries for which authority is requested in this Application. The countries in which CWGN is affiliated with a foreign carrier and for which authority is requested in this Application are listed in Attachment B. 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 DCOL/GRIFJ/72214.1

established by the Commission in its Foreign Particivation Ordar.‘ CWGN notes that in each of the countries in which CWGN is affiliac:ed w th a foreig1n carrier anc! for which authority is requested in this Z.pplication, the settlem »nt race for IMT© service is withit. the applicable benchmark as established i1 the Commissioir‘s Benc/hmark Settlement Rates Order." In ; number of the countries for which suthotrity is ‘equested and in whick CWGN has a ‘oreiy;n affiliate, ths Cor imission has alre ady found t 1at th: foreign affiliate lacks market power. These countri¢s, along wih the Comunission decisions in wlich the FC C made its market power deterit ination, are notec in A: tachnient E. In iddition anc! as also discussed in Attachment B, CNGN notes that i1 Canada, CWON is alfiliated wit 1 a numbir of other wholly—»wnei Cable and Wireless compainies (such ss Cable & ‘NVireless Global Ma ‘kets, Inc.) thiit hav s onlyrecently acquire 1 intenational resale licenses and that provid : internationa! serv ces solely through resile. S nce t ie market s 1iare cf these companies is less than 10) percent, CWGN‘ qualifies for a p esum ption of no 1—doniinant treatment cn the Canada route under Sect: on 63.10(a (3) oi‘ the Commission‘s Rules. CWGN rec uests that the Com nission clasify CWGI as a non—cdominant c;rrier in its provision of service to these countries, as well as in its provision of se vice to all countries in which CWGN has no foreign affiliation. In all other countries for which authority is requested, CWGN agrees to accept dominant carrier treatment. Rules andPolicies on Foreign Participation in the U.S. Telecommunications Market, IB Docket Nos. 97—142 and 95—22, Report and Order on Reconsideration, 12 ECC Red 23,891 (1997) ("Foreign Participation Order‘"). 2 See International Settlement Rates, Report and Order, 12 FCC Red 19806 (1997) ("Benchmark Settlement Rates Order‘). J DCOL/GRIFJ/72214.1

CWGN requests that the Commission process this Application in accordance with its streamlined processing procedures. Streamlined processing is appropriate under Section 63.12(a) of the Commission‘s Rules for service to countries in which CWGN has no affiliate. For service to those countries in which CWGN has an affiliate, streamlined processing is appropriate under Section 63.12(c) of the Commission‘s Rules, because eachof these countries is a member of the WTO, and either the Commission has already found that the foreign affiliate lacks market power, CWGN is entitled to a presmption of non—dominant treatment under Section 63.10(a)(3) of the Commission‘s Rules, 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 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. 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. DCO1/GRIFJ/72214.1

CWGN is applying for authority to operate as a facilities—based and resale carrier for the provision of service to all international points except those locations listed in Attachment A. CWGN seeks this authority pursuant to Section 63.18(e)(6) of the Commission‘s Rules for service to Hong Kong and Canada." With respect to all other countries, CWGN seeks authority pursuant to Sections 63.18(e)(1) (facilities—based authority) and 63.18(e)(2) (resale authority) ofthe Commission‘s Rules. (£) 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. (h) (1) As evidenced by the certification providedin Attachment C, 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 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 providedin Attachment C, 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. CWGN specifically requests that it be allowed to engage in international simple resale ("ISR") on the Hong Kong route. The Commission previously authorized a CWGN affiliate, Hong Kong Telecommunications (Pacific) Limited, to provide this service. See AT&T Corp., Order, Authorization and Certificate, DA 98—2654, rel. Jan . 4, 1999. 4 The address of C&W plc is 124 Theobalds Road, London WC1X 8RX, England. DCOL/GRIFJ/72214.1

(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) See response to (h)(8) below. (8) As discussed in Attachment B, CWGN requests non—dominant treatm snt in its provision of s srvice to th : following antries in which ‘t is affil ated ‘with a foeign carrier. ‘[Non—clominant tr« neiit is appropriate on rou:es to Australi;i, Japan, and the }J.11., because Commission has already found, as lis sussed ir Attachmient B, that C IN‘s foreign caurrier affiliate in thes: countries laces market gpower. V/it] spiect to Canala, as discussed in Attachn ent B, the Cornmission has tou th: t one of CWOGIN‘s afiliates ir this cou ntry lacks inarket pow and the market share of tie semaining affiiates is less than 10 perce thus qualifying CWOGN for :: pres im tion of 10n—dominint treatmer ndr Section t3...0 (a)(3). Finally, and &s also ncted in A ta chment E}, ( G1 ascepts domin:int ca Tier treatmint in its provision of service Hong: Kong. ® As eviler.ce 1 by the certification provided in Attach nt C, CWGN certifies t 1at it ha: not agreed to accept s jecial conc: ons directly or indirectly from any foreigr. c:rrier wit i rsspeci: to ar J.S. internatio 1al route vihere the forei zn carrier posses: es sufficient r ket power on the foreigt: enid of the route to aff:ct comp etition advers in the U.S. mairket and will 1 ot enter int > sich agreem »nts i: 1 the future 0) As evider ce1 by tie sertification provided in Attaich nt 2, CWGN certifies t r1at nc pirty to this Aipplicati on is subject t« deinial of Foederal benefits pursuant io Siectioa 5301 of the Anti—Drug 4 se Act of 1983. (k) Strear lined processi ig is apr ropriite for this Applic on under Sect on 63.12 of the Cominission‘s Rules beca 1se, for every int y ‘or whicn authorty is requestec in this \pplicatin, either 1) C 3Nhas no foreign affiliate; 2) CWGN kas a foreign affiliate, but the country is a member cf the WTO and the FCC has already determined that the foreign affiliate lacks market power; 3) CWGN has a foreign affiliate, but CWGN qualifies for a presumption of non—dominant treatment under Section 63.10(a)(3); or 4) 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/72214.1

For the reasons stated herein, the Commission shov 1d grant the autImeority quested in this Application. Respectfully Submitted, CABLE & ‘VIRELESS GLO _—BAL NETWORE S LIMITED (Ire P¥ and) By: Anthony Sc General Manager and Dlrector Philip V. Permut Joan M. Griffin KELLEY DRYE & WAPRFNILP 1200—19" Street NW Suite 500 Washington, D.:. 20 ): i (202) 955—9600 Its Attorneys Date: (///)4/? 7 f Pursuant to Section 1.743(b) of the Rules, this Applicat‘~" counsel on its behalf as all representatives of CWGN 2 DCOL/GRIFJ/72214.1

Attachment A COUNTRIES FOR WHICJI »o . mihority IS REQUESTED Anguilla Antigua Ascension Island Barbados Bermuda British Virgin Islands Bulgaria Cayman Islands China Diego Garcia Dominica Falkland Islands Fiji Grenada Indonesia Jamaica Macao Maldives Montserrat Pakistan Panama Philippines Russia Seychelles Solomon Islands St. Helena St. Kitts & Nevis St. Lucia St. Vincent Thailand Tonga Trinidad & Tobago Turks & Caicos Vanuatu Yemen DCO1/GRIFJ/72214.1

Attachment B CWGN_ ‘ORI IGN AFFILIATIONS AND REGUI 4TO RY T REATMENT where authority is requieste Cable & Wii eless Global Networks L imited (Irelan .) ("C WGAN ") is ffilia ed with for sign carrie ; in th e followin;z countries for which author ty is: eque: ted i1 this Af plicat on: At stralis Jepan Ca riada United King: om Hc 1g Kcng All of he co intries listed above are nienbers of the Wor! 1 Tra le Or saniztion. V/ith r spect to Australia, Japan, and he U.K., the ( omir issior foun 1 CW GN‘s for ‘ign affilia :s in hese countries to liick market power in the fc llowi ig de :ision s, wk ch accordé 1 non —dominant treatment to a related Cable & Wi eless comy any, cable & Vireless, I1 ;. CC&WIUJSA"). Accordingly, CWGN req ests i hat it ae cl; ssifie 1 as a no: —dominant zsarrier on these routes: e Au ctralis: Cable & Wireless, Inc., Memoranduwi Opiiion, Drdei and Ce tifica.e, Fi‘e No. ITC—93—328, DA 97—2554, : sleas d De :. 17, 1997 e Au tralia, Japiin: Cable & Wireless, Inc., 11 FC 2 Ro. 21027 (1$ 96) (ihe "Canada Order"). e U.K.: Cable & Wireless, Inc., 11 FCC Red 16486 (1996). With respect to Canada, in the Canada Order, the Commission found that one of CWGN’S affiliates in Canada, Hong Kong Telecom (Canada) (now Hong Kong Telecommunications (Pacific) Limited), lacks market power and accorded C&WUSA non—dominant treatment. Since the granting of the Canada Order, a number of wholly— owned Cable and Wireless companies (such as Cable & Wireless Global Markets, Inc.) have acquired international resale licenses in Canada and have begun providing DCOL/GRIFJ/72214.1

Attachment C CERTIFICATION The undersigned hereby certifies, on behalf of Cable & Wireless Global Networks _Ainited (Ireland) ("CWGN") and with respect to the foreg:0ing ap »lication of C‘WGIN, thet: . 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 tie sountrie; listed in Annex 1 to this Certification. ._CWGN is affiliated with Cable & Wireless, Inc., a fac lit: es based U.S. carrier whose services CWGN plans to resell. ._ CWGN has not agreed to accept special cor:cessions directly o1 indirecly from any foreign carrier with respect to any U S. internat onal 10ute where the foreign carrier possesses sufficient mark:et power cn the forsign enc. of the route to affect competition adversely in the U. S. market and wi l not enter into such agreements in the: future. ._ No party to this Application is subject to a derial of Fedeal be: refits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. BY' :’?kzs/ ( ‘l/ég" bér Anthony Séott Geneial Manage : and Director Date: <// JZ// 77 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. DCOL/GRIFJ/72214.1

Annex 1 to Attachment C COUNTRIES IN WHICH CABLE & WIREL ESS lc POSSESSES 25 PERCENT OR GREATER COMMON DIRECT_ OR INDHRECT OWNERSHIP IN A CARRIER 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 DCO1/GRIFJ/72214.1


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