Attachment 20170209095547-083.p

20170209095547-083.p

SUPPLEMENT

Supplement

1999-04-20

This document pretains to ITC-214-19990420-00264 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999042000264_1420345

Streamlined ITC—214—19990420—00264 WORLD INFOLINK, INC. Categories oiqurv1ces for 214 Applications \\ififfgamllne/Non- treamline) 0 ASSIGNMENT OF LICENSE D GLOBAL FACILITIES—BASED SERVICE <fT¥if7GLOBAL FACILITIES—BASED/GCLOBAL RESALE SERVICE J _ GLOBAL RESALE SERVICE 0A O O O INDIVIDUAL FACILITIES—BASED SERVICE INTERCONNECTED PRIVATE LINE RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICE/LIMITED CLOBAL RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICE 0A 0A 0 LIMITED GLOBAL RESALE SERVICE INMARSAT AND MOBILE SATELLITE SERVICE SWITCHED RESALE SERVICE 9A 9 TRANSFER OF CONTROL— SUBMARINE CABLE LANDING LICENSE oA 9 INTERNATIONAL SPECIAL PROJECT Description of Application:

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) WORLD INFOLINK, INC. ) ) File No. Application for Authority Under Section 214 ) of the Communications Act of 1934, as amended, ) for Global Authority to Operate as an ) International Facilities—Based and Resale Carrier ) To: Chief, International Bureau APPLICATION World Infolink, Inc. ("Infolink" or "Applicant"), by its attorneys, hereby requests authority, pursuant to Section 214 of the Communications Act of 1934, as amended ("Communications Act"), 47 U.S.C. § 214, and Section 63.18 of the Federal Communications Commission‘s ("FCC" or "Commission") Rules, 47 C.F.R. § 63.18, to (i) acquire interests in, and operate as a facilities—based carrier for international facilities previously authorized by the Commission, and (ii) »perate as a resale carrier for the provision of international services of authorized U.S. common carriers. Infolink is a United States company which seeks to provide basic switched, private line, data, television and business services to customers throughout the United States. Grant of this application will serve the public interest, convenience and necessity because it will promote competition in the international telecommunications services market.

Pursuant to Section 63.18 of the Commission‘s Rules, Infolink sets forth the following information in support of its request for authorizaticn: (a) The name, address and telephone number of the Applicant are: World Infolink, Inc. Three Mill Road Suite 104 Wilmington, DE 19806—2146 (302) 427—1707 (b) Infolink is a corporation organized and existing under the laws of the State of Delaware (c) Correspondence regarding this application should be addressed to: Daniel E. Murphy President Three Mill Road Suite 104 Wilmington, DE 19806—2146 Telephone: (302) 427—1707 With a copy to: William K. Coulter, Esq. Coudert Brothers 1627 I Street, N.W. Suite 1200 Washington, D.C. 20006 Telephone: (202) 736—1811 Facsimile: (202) 775—1168 (d) The Applicant previously has neither requested, nor received, authority from the Commission pursuant to Title III of the Communications Act. The Applicant previously has

neither requested, nor received, authority from the Commission pursuant to Section 214 of the Communications Act. (e)(1) The Applicant, pursuant to Section 63.18(e)(1) of the Commission‘s Rules, is requesting Section 214 authority to acquire interests in, and to operate, facilities previously authorized by the Commission for the provision of international basic switched, private line, data, television and business services to all international points. Pursuant Section 63.18(e)(1)(ii)(A) of the Commission‘s Rules, the Applicant recognizes that it 'mlay provide facilities—based services to all international points for which the Applicant qualifies for non—dominant regulation as set forth in Section 63.10 of the Commuission‘s Rules. The Applicant recognizes that if it is affiliated with a foreign carrier in a destination market and the Commission has not determined that the foreign carrier does not possess market power in the destination market, the terms and conditions of Section 63.10 will apply and the Applicant will require specific authority under Section 63.18(e)(6) of the Commission‘s Rules. Pursuant to Section 63.18(e)(1)(ii)(B) of the Commission‘s Rules, the Applicant recognizes that it may only provide services using half—circuits on appropriately licensed U.S. common and non—common carrier facilities (either under Title III of the Communications Act or under the Submarine Cable Landing License Act, 47 U.S.C. § 34 et seq.), provided that these facilities do not appear on an exclusion list published by the Commission and any necessary overseas connecting facilities. The Applicant recognizes that it may not use any

non—U.S. licensed facilities unless and until the Commission specifically approves their use and so indicates on the exclusion list, and only then for service to the countries listed thereon. Pursuant to Section 63.18(e)(1)(ii)(C) of the Commission‘s Rules, the Applicant recognizes that it may only provide services to any country not included on an exclusion list published by the Commission. Pursuant to Section 63.18(e)(1)(ii)(E) of the Commission‘s Rules, the Applicant recognizes that the authority granted under Section 63.18(e)(1) will be subject to all Commission Rules and Regulations and any conditions that are stated in the Commission‘s forthcoming Public Notice or Order that serves as the Applicant‘s Section 214 Certificate of Authority, including, but not limited to, those set forth in Sections 63.12 and 63.21 of the Commission‘s Rules. The Applicant agrees to file copies of any operating agreements entered into with a foreign correspondent withinthirty (30) days of execution, and will otherwise comply with the filing requirements of Section 43.51 Qf the Commission‘s Rules. The Applicant recognizes that if it files an operating agreement to begin providing service between the United States and a foreign point and the rates, terms and conditions of such agreement are not identical to the rates, terms and conditions of another carrier providing the same or similar service, the Applicant must file a not.fication letter, pursuant to Section 64.1001 of the Commission‘s Rules, or a modification request, as appropriate. The Applicant recognizes that the notification letter must set forth the accounting rate(s), a statement that it will be divided 50:50 and the basis for settlements. The Applicant recognizes that no carrier providing such service shall bargain for or agree to accept more than its proportionate share of return traffic. The Applicant agrees to file tariffs for services authorized by this

application pursuant to Section 203 of the Communicatic t, 47 U.8.C. $203, and Part 61 of the Commission‘s Rules. The Applicant agrees to innual reports of overseas telecommunications traffic pursuant to Section 43.61 of t >mmission‘s Rules. (e)(2) The Applicant, pursuant to Section 63.18(e)(2) of ‘ommission‘s Rules, is requesting authority to resell the international services of rized U.S. common carriers for the provision of international basic switched, private 1 lata, television and business services to all international points. Pursuant to Section 63.18(e)(2)(ii)(A) of the Comn na‘s Rules, the Applicant recognizes that it may resell the international services of & ithorized U.S. common carrier to all international points for which the Applicant qualifie: non—dominant regulation as set forth in Section 63.10 of the Commission‘s Rules. The A ant recognizes that if it (i) provides switched resold services to a non—WTO Member ty where the Applicant is affiliated with a foreign carrier, or (ii) is affiliated with a in carrier in a destination market and the Commission has not determined that the fc carrier does not possess market power in the destination market, the terms and cor is of Section 63.10 will apply and the Applicant will require specific authority under Section 63.18(e)(6) of the Commission‘s Rules. Pursuant to Section 63.18(e)(2)(ii)(B) of the Commission‘s Rules, the Applicant recognizes that it may resell the international services of any authorized U.S. common carrier, except affiliated carriers regulated as a dominant carrier on the route to be served, pursuant to that carrier‘s tariff or contract duly filed with the Commission, for the provision

of bas c switched priv ite lite, da a, tel:visioa and busitess s rvices to a 1 inte rnatic nal points. Pursuiant to Seciion 63.18(¢)(2)(i )(C) of the Com nission‘s F ules, the Appliciant recogn zes tlhat it nay iesell privat? line services for the arovision cf inte natio 1al bisic switched services only in tho e ins ances whers the Comuaissicn has speciically authprize« such resale. ?ursuint to Section 63.18(e) (2)(ii (D) c¢f the Comtiission‘s R iles, ‘he Applica it recogni es that the authority ;rantel under Section 63.18(2)(2) will te sub ect to all Commision Rules and liegul tions and sny ccnditions thi t are statec in the Conimission‘s forthcoraring ?ublic Noti:e or Order that serve: as the Applicart‘s Section 214 C ertificate cf Authoriy, includirg, bu: not imite1 to, those set forth in Sectijns 6).12 ind 6: .21 of the Commi:sion ¢ules The App icant agrees to f le copies 0‘ any opersting agreenients »ntered into wit i a fcreign corresponcent within ‘hirty (30) days cf exeutior, and will othervise comply with he filing re quire nents of Section 43.5! of thte Co nmis:ion‘s Rule:. Thz Applica it recogniz :s tha : if it files in operatin ; agreemen . to b:gin provid ng service betwen the United Stites a id a :oreig i poirnt and the rites, terms and conditions 0‘ suck agreemeni are not dentical to the rites, ‘erms and conditions of anotner currier proviling tie same or similar service, the Applicant must file a notification letter, pursuant to Section 64.1001 of the Commission‘s Rules, or a modification request, as appropriate. The Applicant recognizes that the notification letter must set forth the accounting rate(s), a statement that it will be divided 50:50 and the basis for settlements. The Applicant recognizes that no carrier providing such service shall bargain for or agree to accept more than its proportionate share

of return traffic. The Applicant agrees to file tariffs for services authorized by this application pur—uant to Section 203 of the Communications Act, 47 U.S.C. § 203, and Part 61 of the Commission‘s Rules. The Applicant agrees to file annual reports of overseas telecommunications traffic pursuant to Section 43.61 of the Commission‘s Rules. (e)(3) The Applicant is not requesting authority, pursuant to Section 63.18(e)(3) ofthe Commission‘s Rules, to provide basic switched services over resold private lines betweenthe United States and countries not specifically authorized by the Commission for such resale. (e)(4) Pursuant to Section 63.18(e)(4)(ii)(B) of the Commission‘s Rules, the Applicant recognizes that it may use private line facilities to provide basic switched services only in circumstances where the Commission has previously authorized the provision of switched services over private lines to the particular country at the foreign end of the private line. The Applicant recognizes that if it is affiliated with a foreign carrier in a destination market at the foreign end of the private line and the Commission has not determined that the foreign carrier does not possess market power in the destination market at the foreign end of the private line, the terms and conditions of Section 63.10 of the Commission‘s Rules will apply and the Applicant will require specific authority under Section 63.18(e)(6) of the Commission‘s Rules. The Applicant recognizes that the authority granted under Section 63.18(e)(4) will be subject to all Commission Rules and Regulations and any conditions that are stated in the Commission‘s forthcoming Public Notice or Order that serves as the Applicant‘s Section 214

Certificate of Authority, including, but not limited to, those set forth in Section 63.21 of the Commission‘s Rules. The Applicant is not requesting authority, pursuant to Section 63.18(e)(4)(ii)(A) ofthe Commission‘s Rules, to provide international basic switched services over its authorized private line facilities between the United States and countries not specifically authorized by the Commission for such services. The Applicant recognizes, pursuant to Section 63.18(e)(4)(ii)(B) of the Commission‘s Rules, that no formal application, in addition to the current application for authorization to acquire and operate international private line facilities, is required under Section 63.18(e)(4) when the Applicant‘s authorized private line facility is interconnected to the public—switched network only on one end —— either the U.S. or foreign end —— and where the Applicant is not operating the facility in correspondence with a foreign carrier that owns the private lines at the foreign end. (e)(5) The Applicant is not requesting authority, pursuant to Section 63.18(e)(5) of the Commission‘s Rules, to acquire facilities through the transfer of control, or the assignment, of authorizations of a U.S. common carrier. (e)(6) The Applicant is not requesting authority, pursuant to Section 63.18(e)(6) of the Commission‘s rules, to acquire facilities or to provide services not covered by Sections 63.18(e)(1) and (e)(2) of the Commission‘s Rules.

(£) The Applicant is not requesting any i uthor ty not subjzct to streamlined processing uncer Section 63.12 of the Commission‘s Riles. (g) The Applicant is not requesting facilities—besed authori:y under Section 63.1&(e)(6 of the Commission‘s Rules. No new consruction constituting a "major environmental action" under the Commission‘s Rules is conteriplated. T.ius, authorization of the facilities is cate:soricelly excluded fromm environmental processing under Section 1.13 )6 of the Con mission‘s Rules. (b)(1) The Applicant certifies that it is not af iliate1, or has an affiliation, directly or indirectly, with any roreign carrier (faciities—»ased. resale, or otherwise) within the meaning of Section 63.18(h)(1) of the Commussion‘s R 1les. (b)(2) In support of this certification, and pui suant to Section 63.1&(h)(2) of the Commission‘s Rules, the Applicant provides tie na ne, address, citisenship and principal business of sole shareholder that directly or i1 directly controls 10 percent or more of _« =Stazee~~~ Infolink, or other equity holders: Name: _______Daniel E. —Murphy— Address: Three Mill Road Suite 104 { Wilmington, DE | 19806—2146 Telephone: (302) 427—1707 | itizg/:nship: United States ~ Principal Business: President of Infolink Ownership Interest: 100 percent(100%) _ § C. < ; : The Applicant certifies that it has no interlocking directorates.

(h)(3) The Applicant cerifies hat it is nc: affil:ated, or has an ffilia ion, «irectly or indirectly through resale, with iny U.S. cirrier (dominant, non—« ominaint, ficilities—based, resale or otherwise) withi 1 the nean ng of Section 63.18(h)(1) o0 the Comnission‘s Rules. (h)(¢) Pusuant to Sectior 63.13(h)(« ) of tie Commission‘s Rule:, the Appl cant :ecognizes that it is r:sponsible for th: con inuin ; acciiracy of its certificatio 1 in ;aragr ph (1)(3). (h)(5) No: applicable. Th: Apjlican is nct requesting authority :o op rate is a U.S. facilities—b ised internationa l cart er to a par‘icula® country where he A »plicant is i foreign carri‘r in hat country, or vhere direc‘ly or indirectly it controls . fore gn cirrier in that coun ry, 0 © where it has ar affil ation with i foreign carrier withii the nean‘ng of Section 63.1{i(h)(1) of the Commisiion‘s Rule:. (h)(6) No applicable. Th: Apr licant is nct requesting authority o res:Il the international switc hed or non—interconne :ted q rivate line services of another U.S. cairier for the purpose o prov: ding nternational communi :atiors sem ices to a particular co intry wher: the Applicant is a foreign carrier in that country, or waere Uirectly or indirectly it controls a foreign carrier in that country, or where it has an affiliation with a foreign carrier within the meaning of Section 63.18(h)(1) of the Commission‘s Rules. (bh)(7) Not applicable. The Applicant is not requesting authority to resell the international switched services of an unaffiliated U.S. carrier for the purpose of providing international 10

communications services to a particulai cour try where the Applicant is & fore:gn carrier in that country, or ‘vhere directly or indir:ctly t con rols a foreign carrier n that country, or where it has an a ffiliat on with a foreig a cariier w thin the meaning of S ctior 63.13(h)(1) of the Commission‘: Rulés. (h)(8) Not applicible. The Applicant i not iffilia ed with a foreign cartier in any country. (1) The Applicant cortifies that it ha: not ;:.greec, and will rot agree, to acc :spt special concessions, withi 1 the meaning of Sect on 6:.18(i} of the Corimiss on‘s ules, directly or indirectly from an ; foreign carrier with respect to iny U.S. iniernational ‘oute where: the foreign carrier po:sesse ; market power in the destir ation mark:t. Tae Ap plicant recognizes that it is responsitle for the continuing s zscura :y of its certifica:ion in this paragraph. (J) The Applic int certifies that, purs iant t) Secion 63.18(j) and Sections 1.2001 through 1.2003 of the Con mission‘s Rules, neither it 10r ary party to ‘his application is subject to a denial of Federal lenefi s pursuant to Section 5301 of the Anti—Drug Abuse Aci of 1988, 21 U.S.C. § 853(a). (k) All authorities sought by the Applicant in this application are subject to streamlined processing by the Commission under Section 63.12 of the Commission‘s Rules and should be granted accordingly. LA

In conclusion, Infolink cersifies thet all iaformation contsined in this application is accurate. For the reasons sets herein, App.icant respecifully subniite that the public interest, convenience and gecessity will be served by a grant of this Appiication following strearulined processing. Respectully submitted, WORLL) INFOLINK, INC. Daniel i E. Mu-phv i President Its attorney William K. Coultet, Esq. Coudert Brothers 1627 I Street, NW. Swte 1200 Washington, D.C. 20006 (202) 736—1811 Date: April 2, 1999


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Document Modified: 2019-04-17 15:48:31
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