Attachment 20170209095205-143.p

20170209095205-143.p

SUPPLEMENT

Supplement

1999-04-29

This document pretains to ITC-214-19990429-00263 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999042900263_1420342

Streamlined ITC—214—19990429—00263 XPRESSCOM, INC. Categories of Services for 214 Applications (Streamline/Non—streamline) ASSIGNMENT OF LICENSE DDDD\DD GLOBAL FACILITIES—BASED SERVICE GLOBAL FACILITIES—BASED/GLOBAL RESALE SERVICE GLOBAL RESALE SERVICE INDIVIDUAL FACILITIES—BASED SERVICE INTERCONNECTED PRIVATE LINE RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICE/LIMITED GLOBAL RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICE A A 2 LIMITED GLOBAL RESALE SERVICE INMARSAT AND MOBILE SATELLITE SERVICE SWITCHED RESALE SERVICE A 9A TRANSFER OF CONTROL— SUBMARINE CABLE LANDING LICENSE qA A INTERNATIONAL SPECIAL PROJECT Description of Application:

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of XpressCom, Inc. Application for Authority Pursuant to ) File No. I—T—C—___ Section 214 of the Communications Act of 1934, as Amended, for Global Authority to Operate as an International Facilities—Based and Resale Carrier ggmomeneiminenmneninesmoiieiniitcns mer nnn_._2llllll APPLICATION XpressCom, Inc ("XpressCom"), bythe undersigned counsel, hereby fequests authority, pursuant to Section 214 ofthe Communications Act of 1934, as amended, 47 U.S.C. §214 (1982), and Section 63.18 ofthe Commission‘s Rules, 47 C.F.R. §63.18 (1996), to provide global international facilities—based and resale services between the United States and international points. XpressCom respectfully requests streamlined, expedited treatment of this application, pursuant to the Commission‘s Report and Order, released November 6, 1992, T38—40, in CC Docket No. 91—360, In the Matter of Regulation of International Common Carrier Services, 7 FCC Red. 7331 (1992), and Section 63.12 ofthe Commission‘s Rules, 47 C.FR. §63.12.‘ Because grant of this Application will further enhance * The Commission has further streamlined its Section 214 application processing procedures in 1998 Biennial Regulatory Review — Review of International Common Carrier Regulations, IB Docket No. 98—118, FCC 99—51 (released March 23, 1999), with such regulations to become effective on May 26, 1999.

competition in the international services market, XpressCom submits that the public interest, convenience and necessity would be served by a grant of this Application. I. INFORMATION REQUIRED BY SECTION 63.18 In support of XpressCom‘s request for Section 214 authority, the following information is submitted pursuant to Section 63.18 of the Commission‘s Rules, 47 C.F.R. §63.18: (a) Name and Address of Applicant XpressCom, Inc. 38 Chauncy Street Boston, MA 02111 Telephone: (617) 747—4515 Facsimile: (617) 747—4517 (b) XpressCom is a corporation organized under the laws of the State of 4 Massacht?s./B (c) Correspondence concerning this application should be sent to: Theresa Tsoi XpressCom, Inc. 38 Chauncy Street Boston, MA 02111 Telephone: (617) 747—4515 Facsimile: (617) 747—4517 with a copy to: Hunter Communications Law Group, P.C. 1620 I Street, N.W., Suite 701 Washington, D.C. 20006 Telephone: (202) 293—2500 Facsimile: (202) 293—2571 Attention: Catherine M. Hannan J.

(d) XpressCom has not previously received authority under Section 214. Following receipt of the Section 214 authority requested herein, XpressCom will provide international basic switched, private line, data, television and business services by acquiring and operating common carrier and non— commoncarrier facilities. XpressCom will also provide intern c switched, private line, data, television and business services by a international services of authorized U.S. common carriers. 3 Section 63.07 ofthe Commission‘s Rules, 47 C.F.R. §63.07, an! s announced by the Commission in its Second Report and Order : 1 RulesConcerning RatesforCompetitiveCommonCarrier| 1 Facilities Therefor," XpressComis authorized to operate as a 1 t domestic interstate common carrier. (e) XpressCom is requesting Section 214 authority to operate a: — based carrier pursuant to the terms and conditions ofSections 63 1 63.21, 47 C.F.R.§§63.18(e)(1), 63.21; and to operate as a 1 r pursuant to the terms and conditions of §63.18(e)(2), 47 C.F.R 2 The Commission allows carriers to resell international switched or private line services via all authorized carriers except U.S. facilities—based affiliates regulated as dominant on routes the reseller seeks to serve, no longer requiring the designation of any particular carrier. Streamlining the International Section 214 Authorization Process and Tariff Requirements, Report and Order, 11 FCC Red. 12884, €25 (1996). 3 91 F.C.C.2d 187 (1982), recon. denied, 93 F.C.C.2d 54 (1983), Third Report and Order, 48 Fed. Reg. 46,791 (1983), Fourth Report and Order, 95 F.C.C.2d 554 (1983), rev‘d and remanded sub nom., American Tel. & Tel. v. FCC, 978 F.2d 7272 (D.C.Cir. 1992), cert. denied, S.Ct. Docket # 92—1684,61 U.S.L.W. 3853 (June 21, 1993), Fifth Report and Order, 98 F.C.C.2d 1191 (1984), Sixth Report and Order, 99 F.C.C.2d 1020 (1985), rev‘d and remanded sub nom., MCI Telecommunications Corp. v. FCC, 765 F.2d 1186 (D.C.Cir. 1985). —3%

(£) XpressCom is applying for authority to operate as a facilities—based carrier and to provide on a resold basis the international services of authorized U.S. common carriers for the provision of international basic switched, private line, data, television and business services to all international points. XpressCom will not furnish switched : :s over private line ‘een the United States and countries which ot World Trade uzation Members or countries which do not sat >mmission—impose shmark settlement rate conditions or which not been detern by the Commission to afford resale opportuni uivalent to those ar e under U.S. law.* (g) Not applicable. (h) XpressCom is not, and has no affilis vith, a foreign car s those terms are defined in §§63.18(h)(1) 1 (11), respectivel C.FER. §§63.18(h)(1)(0), (@). Ownership 1 ition regarding h« of ten percent (10%) or greater interests in X ‘om is z_ittached her Exhibit A. & The Commission has adopted a standard eliminating the equivalency test for carriers seeking to provide switched services over private lines between the united States and World Trade Organization (WTO) Members. WTO Members are those countries that are signatories to the February 1997 WTO Basic Telecommunications Agreement. The equivalency test, however, remains part of the Commission‘s standard for permitting the provision of switched services over private lines, whether facilities—based or through resale, for those countries that are not WTO Members and those countries which do not satisfy Commission—imposed benchmark settlement rate conditions or which have not been determined by the Commission to afford resale opportunities equivalent to those available under U.S. law. In the Matter of Rules and Policies on Foreign Participation in the U.S. Telecommunications Market: Market Entry and Regulation of Foreign—Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Red. 23891, [(124—132 (1997). —4_

(1) XpressCom certifies that it has not agreed to accept special concessions, as defined in §63.18(i)(1), 47 ( §63.18(i)(1), directly or indirectly from any foreign carrier or admini m with respect to traffic or revenue flows between the U.S. and any fore runtry which XpressCom may serve under authority granted under Secti 4. XpressCom further certifies that it will not enter into such agreemer he future. () In accordance with the Anti— Abuse Act of 1988, see 21 U.S.C. §853a, the certification ofXpressCo tachedhereto in Exhibit B. See 47 C.F.R. §1.2001, et seq. Public Inte ‘tatement The public interest, conveni! nd necessity will be served by/a grant of this Application. Clear Commission policie: competition in general® and international competition in particular.© The Commissio long recognized that facilities—based and resold telecormnmunications services gener: ditional competition in the international telecommunications marketplace and tha h increased competition benefits U.S. ratepayers." The Commission has held that authority to provide these services will serve the * Resale and Shared Use of Common Carrier Services, 60 F.C.C.2d 261 (1976), recon. 62 F.C.C.2d 588 (1977), affd sub nom. American Tel. & Tel. Co. v. FCC, 572 F.2d 17 (2d Cir.), cert. denied, 439 U.S. 875 (1978); Resale and Shared Use of Common Carrier Services, 83 F.C.C.2d 167 (1980), recon. 86 F.C.C.2d 820 (1981). © Regulation of International Accounting Rates, Phase II, 7 FCC Red. 559 (1990). 7 Via USA, Ltd. and Telegroup, Inc., FCC 94—86, File Nos. I—F—C—93—031 & I—T—C—93—050 (May 11, 1994), recon., 10 FCC Red. 9540, released June 15, 1995. —§—

public interest by aiding the "efficient and rapid provision of international services."* It is for this reason that the Commission routinely grants applications for Section 214 authorization to provide facilities—based and resold international services. Indeed, in furtherance of its international pro—competitive goals, the Commission has streamlined the application process for unopposed applications for Section 214 resale authority." Grant of this Application is consistent with the Commission‘s ongoing efforts to increase competition in the international telecommunications marketplace. $ Direct Net Telecommunications Application for Authorization Pursuant to Section 214 ‘of the Communications Act of 1934, as Amended, to Provide Facilities—Based and Resold Switched and Private Line Services Between the united States and All International Points ("Order, Authorization and Certificate"), ITC—97—094, DA 97—938 (released May 6, 1997). ° See47 C.FR. § 63.12.

IIL. CONCLUSION By reason of the foregoing, XpressCom submits that the public interest, convenience and necessity would be served by grant of this Application for authority, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. §214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. §63.18, to provide global international and resale services between the United States and international points. Respectfully submitted, XPRESSCOM, INC. By:Ca T4eziA 2 27— ,772::%/27/2% Catherine M. Hannan Hunter Communications Law Group, PC 1620 I Street, N.W., Suite 701 Washington, D.C. 20006 (202) 293—2500 April 29, 1999 Its Attorneys

EXHIBIT A OWNERSHIP INFORMATION OF XPRESSCOM, INC.

Holders of Ten Percent or Greater Ownership Interests in XpressCom, Inc. Name: Theresa Tsoi Address: 2 Deerfield Road Hingham, MA 02403 Citizenship: USA Principal Business: Telecommunications _—~

EXHIBIT B DRUG CERTIFICATION AND VERIFICATION OF XPRESSCOM, INC.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 SECTION 1.2001 CERTIFICATION On behalf of XpressCom, Inc. and in accordance with Section 1.2001 — 1.2003 of the Commission‘s Rules, 47 C.F.R. §§ 1.2001 — 1.2003, I hereby certify that neither XpressCom, Inc., nor any party to this application is subject to a denial of Federal benefits that includes Federal Communications Commission benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 8539. XPRESSCOM, INC. By: ny4ns /TheresgTsoi, President Date: 4(/"'7/77 4 fls

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 STATE OF MASSACHUSETTS ) ) ss. COUNTY OF BOST‘ON ) VERIFICATION I, Theresa Tsoi, P1 ssident of XpressCom, Inc., am authoris ed to nake this verification on behalf of 3 pressCom, Inc. The sta:ements made i1. the foregoing document are true, compl::te, and correct to the best of my knowle dge aiid are made in good faith. XPRESSCOM, INC. By: \\”/74; —7( host. Theresa Tsoi President * Subscribed and sworn to before me, in and for the State and County named above this 27# day of 4cz~ i4 , 1999. HUNG T. GOON % j 74%3\/&/ Notary Public Notar%ublic My Comm. Expires Dec. 4, 2003 My Commission expires


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Document Modified: 2019-04-08 19:59:31
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