Attachment 20170209135849-600.p

20170209135849-600.p

SUPPLEMENT

Supplement

1999-05-20

This document pretains to ITC-214-19990520-00299 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999052000299_1420529

Streamlined ITC—214—19990520—00299 TC2 INTERNATIONAL, LTD. Categories of Services for 214 Applications —(Streamiline/Non—streamline) ASSIGNMENT OF LICENSE DDDD“XGD 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 O O O LIMITED GLOBAL RESALE SERVICE INMARSAT AND MOBILE SATELLITE SERVICE SWITCHED RESALE SERVICE O 0O TRANSFER OF CONTROL— SUBMARINE CABLE LANDING LICENSE 0A O INTERNATIONAL SPECIAL PROJECT Description of Application: &—'\ *A >

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K STR , NW, SutTE 300 WASHINGT DC 20007—5116 TELEPH( (202)424—7500 FACSIM 202) 424—7645 NEW YORK OFFICE 919 THIRD AVENUE NEW YORK, NY 10022 0, 1999 VIA COURIER Ms. Magalie Roman Salas, Esq. Secretary Federal Communications Commission International Bureau Telecommunications Di ion P.O. Box 358115 Pittsburgh, PA 15251—5115 Re: Application of TC2 Internatio: Ltd., for Global Authority Pursuant to Section 214 ofthe Communications A« if 1934, As Amended, to Operate as an International Facilities—based rrier andas an International Resale Carrier Dear Ms. Salas: Enclosed for filing with the Commissi are an original and six (6) copies ofthe application of TC2 International, Ltd. requesting gl« 1 authority, pursuant to Section 214 of the Communications Act of 1934, as amended, to rate as aninternational facilities—based carrier and as an international resale carrier between the ited States and various international points. As required by the Commission‘s Ru , a checkin the amount of $780.00 is enclosed. Please date—stamp the extra copy of this app. ition and return it in the enclosed self—addressed, stamped envelope. Any questions regarding : enclosedapplication should be addressed to the undersigned. spectfully submitted, Priscilla A. Whitehead Maria L. Cattafesta Counsel for TC2 International Ltd. Enclosures ce: Bill Ransom José A. Palma 283308.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 N N N yz In the Matter of TC2 INTERNATIONAL LTD. File No. ITC—214—1999— N Application for Global Authority Pursuant to NA N/ NNA NA N N Section 214 of the Communications Act of 1934, as amended, to Operate as an International Facilities—Based and Resale Carrier Between the United States and Various International Points APPLICATION TC2 International Ltd. ("TC2" or "Applicant"), by its undersigned counsel, hereby requests global facilities—based authority and global resale authority, under Section 214 of the Communications Act of 1934, as amended(the "Act"), 47 U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18, to provideinternational telecommunications services between the United States and international points. I. The Applicant TC2 is a corporation organized under the laws ofthe State ofWashington. TC2 is a foreign carrier and is affiliated, within the meaning of Section 63.09(e) of the Commission‘s Rules, 47 C.F.R. § 63.09(e), with TC2 Communications Ltd.* Both are licensed to provide international U TC2 Communications Ltd. is also authorized to provide U.S. international services pursuant to File No. ITC—214—19980803—00536, Public Notice Report No. TEL—00009 (rel. Sept. (continued...)

telecommunications services in Canada. As described in greater detail below, given that TC2 and TC2 Communications Ltd. are not monopoly providers of telecommunications services in a relevant market in a destination country, they lack sufficient market power on the foreign end of the route to affect competitition adversely in the U.S. telecommunications market. Accordingly, they qualify for the presumption of non—dominance under Section 63. 10(a)(3) of the Commission‘s Rules, 47 C.F.R. § 63.10(a)(3), and therefore TC2‘s application is eligible for streamlined processing. II. Public Interest Considerations TC2 believes that the added competition its entry will bring to the market will benefit the consumers of United States—overseas services. These benefits include competitive pricing and "increased availability of a variety of service options. Therefore, a grant of this Application will further the public interest. III. Information Required by Section 63.18 TC2 submits the following information, as required by Section 63.18 of the Commission‘s Rules, in support of its request for Sectfon 214 authorization: (a) Name, address and telephone number of Applicant: TC2 International Ltd. Broderick Building, Suite 500 615 Second Avenue Seattle, Washington 98104 Tel: (206) 652—9799 Fax: (206) 652—9798 *(...continued) 17, 1998).

(b) Applicant is incorporated under the laws ofthe State of Washington. (c) CC »spondence concerning this appli ion should be sent to: Pr illa A. Whitehead, Esq. M a L. Cattafesta, Esq. SV LER BERLIN SHEREFF FRIEDMAN wP 30 K Street, N.W., Suite 300 W uington, D.C. 20007 Te (202) 424—7500 Fa (202) 424—7645 wi a copy to: J.] Ransom TC International Ltd. Br »rick Building, Suite 500 61 iecond Avenue Se e, Washington 98104 Te (206) 652—9799 Fa (206) 652—9798 . (d) TC has not previously received auth« y under Section 214 of Act. Upon grant of s Application, TC2 will become . authorized non—dominant facilities—based ca; ‘r and reseller with global authot , pursuant to Section 214 of the Act and the ommission‘s Rules. (e) €L. TC2 requests Section 214 autho 1 to operate as a facilities—based carrier pu ant to Section 63.18(e)(1) of the ommission‘s Rules. TC2 requests such au rization for all international ro ; authorized by the Commission. TC2 certifies that it will comply with the terms and conditions of Sections 63.21 and 63.22 of the Commission‘s Rules. (2) TC2 also requests Section 214 authority to resell the international services of authorized U.S. common carriers pursuant to Section 63.18(e)(2) of the Commission‘s Rules. TC2 requests such authorization for all international routes authorized by the Commission. TC2 certifies that it will comply with the terms and conditions contained in Section 63.21 and 63.23 of the Commission‘s Rules. 8 TC2 seeks the authority to provide only the services referenced under paragraph (e) of Section 63.18 of the Commission‘s Rules. —3.

(g) Given that TC2 is not seeking facilities—based authority pursuant to Section 63.18(e)(4) of the Commission‘s Rules, this Section is not applicable. (h) Information regarding TC2‘s 10% or greater direct or indirect shareholders is as ‘follows: Name: Raymond Mol Address: TC2 International Ltd. 545—220 Cambie Street Vancouver, BC V6B 2M6 Canada Percentage Held: 15% Citizenship: Canada Principal Business: Telecommunications Name: J.B. Ransom Address: TC2 International Ltd. Broderick Building, Suite 500 615 Second Avenue Seattle, Washington 98104 Percentage Held: 25% Citizenship: United States of America Principal Business: Telecommunications Name: Ghassan R. Saade Address: TC2 International Ltd. 545—220 Cambie Street Vancouver, BC V6B 2M6 Canada Percentage Held: 30% Citizenship: United States of America Principal Business: Telecommunications Name: Jieres R. Saade Address: TC2 International Ltd. 545—220 Cambie Street Vancouver, BC V6B 2M6 Canada Percentage Held: 30% Citizenship: United States of America Principal Business: Telecommunications

(2) TC2‘s interlocking officers or directors are as follows: Name of Officer/Director Cornpany Position J.B. Ransom TC2 International Ltd. President, Secr y, Treasurer and Director TC2 Communications Ltd. President and I ctor (i) TC2 certifies that it is licensed to provide international te ommunications services in Canada, and thereforeis a foreign carrier. Inaddit ., TC2certifies that it is affiliated with TC2 Communications Ltd., also lic sed to provide international telecommunications services in Canada. 0) TC2 seeks to provide international telecommunications servi ; to Canada, a country in which the Applicantis a foreign carrier and in which > Applicant has an affiliation with a foreign carrier as described in Sectior +3.18(j) of the Commission‘s Rules. TC2 certifies that it is a foreign carrier 1: ansed in Canada to providefacilities—based international services. In addition, T certifies that it is affiliated with TC2 Communications Ltd., also a foreign c ier licensed in Canadato provide facilities—basedinternational telecommunicat is services. (k) Canadais a Member of the World Trade Organization. (1) TC2 proposes to resell the international switched services of an riaffiliated U.S. carrier for the purpose of providing international telecommunic ons services to Canada, a country in which it is a foreign carrier and in which i ; affiliated with a foreign carrier. TC2 should be classified as nondominant pursuant to Section | 10(a)(3) of the Commission‘s Rules, because TC2 and its affiliate are small companies that are new market entrants offering services in competition with dominant foreign carriers and others. At this time, TC2 and its foreign affiliate each hold significantly less than a 50 percent market share in the international transport and local access markets in Canada. Moreover, neither carrier has the ability to discriminate against unaffiliated U.S. international carriers through the control of bottleneck services or facilities to exercise markt power in Canada. Accordingly, TC2 and its foreign affiliate lack sufficient market power on the foreign end of the U.S.—Canada route to affect competition adversely in the U.S. market. Therefore, TC2 and its foreign affiliate should be presumptively classified as a nondominant carrier on all international routes, including Canada. —5.

(m) As described in Section (1) above, TC2 qualifies for nondominant treatment for the provision of all international telecommunications services on the U.S.— Canada route pursuant to Section 63.10 of the Commission‘s Rules. (n) TC2 certifies that it has not agreed to accept special conces:iions (Jdirectly or indirectly from any foreign carrier where the foreign carrier possesses market power on the foreign end of the route and will not enter into such igrsemerits in the future. (0) TC2 certifies, pursuant to Sections 1.2001 through 1.2003 of tlhie Coinmissior‘s Rules (implementing the Anti—Drug Abuse Act of 1988, 21 U.S C. § 3301), that no party to its application is subject to a denial of Federal bensfi‘s pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (p) TC2 qualifies for streamlined processing pursuant to Section 63. .2(2)( !)(ii) of the Commission‘s Rules because, as set forth above in Section (1), °C q 1alifies for a presumption of nondominance under Section 63.10(a)(3) of the Coinmission‘s Rules.

III. CONCLUSION For the reasons stated above, TC2 International Lt1. respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, Priscilla A. Whitehead Maria L. Cattafesta SWIDLER BERLIN SHEREFF FRIEDMAN, L LP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 424—7867 (tel) (202) 424—7645 (fax) Counsel for TC2 International Ltd. Dated: May 20, 1999 269204.2

CERTIFICATION OF APPLICANT On behalf of TC2 International Ltd., I hereby certify that the statements in the foregoing Application for Section 214 authorityare true, complete, and correct to the best of my knowledge and are made in good faith. TC2 INTERNATIONAL LTD. //7 By: /\/‘? /(fi mcz # Name: o. /g ’?/J/V‘_(DM Title: /%fLDEAJT Date: /%42 _Z#_/W? dI4XIHS NITINZG A471dImSs:WOad CC Z1 66—90—AYW 10¥ sb9LbZ2eb20@? : aI 41 §1I/11I

READ INSTRUCTIONS CAREFULLY APPROVED 8Y OMB 30500589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS ComMiISssion REMITTANCE ADVICE s"“"""“s".-f:{ ol Page nc 1 or 1 FCi; USE ONLY 1) LockBoXx # 358115 ra—«—flz«i_ —emron onrosans_O 2) PAYER NAME(if paying by credit :ard, enter name exactly as it appears on your (3) TOTAL AMOUNT PAID (dollars an: cents) TC2 International, Ltd. , 780 00 4) STREET ADORESS LINE NO. 1 Broderick Building, Suite 500 5) STREET ADORESS LINE NO. 2 Ts 615 Second Avenue 6) cty ) state ) fipccoe Te on Seattle Washington 98104 9) DAYTIME TELE PHONE NUMBER Include arra :ode) (10) COUNTRY CODE (if not in U.S.A.) es (206) 652—9799 IF PAYER NAMZ AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SEC ION B IF MORE THAN!| ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) _I- -.-[fi CTIONE_ _ApPLennm@geatrurem_______|J _________| ~——AbpLICANT 1) APPLICANT NAME(f paying by credit card, on ler name exactly as it Ippilals 1 on your ¢ ard] 12) STREET ADDIIEESS LINE NO. 1 13) STREET ADDRESS LINE NO. 2 14) City (15) STATE (16) ZiP CODE 17) DAYTIME TELEPHONE NUMBER (include ares code) (18) COUNTRY CODE (if not in U.S.A.) COMPLETE SECTION C FOR EACH SERVICE, IF MO ?E BOXES ARE NEEDED, USE CONTINUATION SHE_E TS (FORM 159—C) 19A) FCC CALL THER ID (m)PAYMENT TYPL; CODE (PTC) CFctons —pavenrnsoh ooo (22A) FEE DUE FOR (PTC) IN BLOCK 20A FCC use INLY : C IU |T I 1 , 780.00 : : [Gzaree cooe ZaM) Foc cone 2 Cemmeninieonenmnmetpimnnnminiariee _.___._..‘.____[_ momenteninimces nanpeniees mntfomemmnmintemeatacd (masy ree catt siomworer io Teos) PaAyMENT Typi. cobe pro) heigunimy fGze) ree ue on To ® acocx 108 — ~~Tree use oncy [Grm rce cooe _ ME 2 s (Za8) rUC cooe 2 19€) FCC CALL SIGN/OTHER ID (20C) PAYMENT TYPI; CODE (‘PTC) (210) quantT (22¢) FEE DUE FOR (PTC) IN BLOCK 20C FCC USE ONLY mG rec cove i J : rac) Fee cone 2 [omndnerneremammnnenmmena ce innfmnmnineramemmtensemscomenced mso) ree carl stewoten io T2oo) PAyMENT TyPe cobe pro) ibrauaimy |Gzo) Fee Due FoR PTC) m aLocK 200 Fee use oracy [Gsorrcc cove i J J : [Za0) rce cove : L___SECTION D — TAXPAYER iNEORMATION_ (REQUIRED) PAYER TIN 0|54 ]|118|9|9|3|6)| 6 APPLICANT TIN SECTION E_— CERTIFICATION 27) CERTIFICATION STATEMENT 1 Maria L. Cattafesta _, Certify under penalty of perjury that the foregoing and supporting information (prinTt Name) are true and correct to the best of my knowledge, infomation and belief. SIGNATUREWM QX W MONTH YEAR 'NITHORIIED SIGNATURE DATE SA I hereby authorisa the FCC to charge my VISA or MASTERCARD for the service(s)authorizationa(s) harein described. SEE PUBLIC BURDEN ESTIMATE ON REVERSE ~ FCC FORM 159 JULY 1997 (REVISED)


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