Attachment 20161229102836-957.p

20161229102836-957.p

SUPPLEMENT

Supplement

2000-11-27

This document pretains to ITC-214-19991115-00821 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999111500821_1387570

                           FEDERAL COMMUNICATIONS COMMISSION

            BUREAU/FEE SECTICON TWO—WAY CORRESPONDENCE FORM                                                                    ©1/08/2001

 TO:                                                                                                                ; APPLICANT‘S NAME:
                                                                                                                1

  IE       Fee Section, FOD — Room 452       D CCB — Room             I_—_—] Other (Specify Bureau
                                                                            and Room Number}:
                                                                                                                1
                                                                                                                I     Titan Wireless, Inc.
                                                                                                                L
  [__]      MMB — Room                        D OET — Room                                                      i   FEE CONTROL NUMBER:
                                                                                                                1
                                                                                                                1


  on                                                                                                            [ 44—t+8—00°0358115 8115137 2 001
  D       Fee Section, FOD — Room 452        D CCB — Room             Ig Other (Specify Bureau                 | BUREAU/OFFICE ID NUMBER:
                                                                           and Room Number):
  D       MMB — Room                         D OET — Room                                                       1             f               Kok
                                                                                                               _      International/Telecom Division

             This is is Notlfy_ You that SUble_Ct Application                        .            Return or Refund for the following reason{s):
                         Requires Further Action:                                   ;

                                                                                         D NO FEE REQUIRED (S1.1 1 1 1lat1))
C O J O




          NO FEE RECEIVED — FEE REQUIRED
                                                                                         D INSUFFICIENT FEE — APPLICATION DISMISSED WITHIN
          APPLICATION ATTACHED                                                                30 DAYS (S1.1 1 1 1a(2)}
                                                                                         D DOES NOT MEET AGE REQUIREMENT (S1.1 1 1 1a(3)}
          PROCESS APPLICATION
                                                                                4        D NEW RULE, LAW OR TREATY (S1.1 1 1 1a(4))

          FEE NOT ELIGIBLE FOR REFUND                                           ;        E] WAIVER {S1.1 1 1 1a(5)

                                                                                         EOVERPAYMENT
 D        QTHER — PLEASE EXPLAIN IN REMARKS SECTION
                                                                                         E] UNTIMELY FILED WINDOW FILING (S1.1 1 1 1a(5))
                    Mb                                   e                               E] FIRST COME, FIRST SERVED CONSTRUCTION PERMIT
   REMARKS:                                                                                    {§1.1 1 1 1ic))
                                                                                ;        [: MODIFICATION OF EXISTING/PENDING AUTHORIZATION
                                                                                ;              {S1.1 1 1 2{a))
                                                                                         C] covernment entity is14 1 12(a))
   Applicant withdrew application. Please return                            i            E] NONCOMMERCIAL EDUCATIONAL OR INSTRUCTIONAL
                                                                                                 SERVICE (S$1.1 1 12{cXdXeX1,2,3)}
   application and refund $815:00. 7% 60                                    E            [:] INSTRU(-T!ONAL TV FIXED STATION EXEMPTION
                                                                                                S1.1 1 12icX4})
                                                                            ;            E] RESI'RI(,TED RAIOTELEPHONE (§1.1 1 12{eX4,5})

                                                                                          Regulatory Fee:

                                                                                         D’ No fee required or excessive fee

                                                                                         D Overpayment

                                                                                         D Advance payment subject to S1.1 1 52

                                                                            1            D New rule — license not valid
                                                                            1
                                                                            I

                                                                            $            I:l License surrendered (PR services}
                                                                            1




BUREAU/OFFICE CONTACT: (.,                 ('/U’\JmBUREAU/OFFICE APPROVAL:

 FOR FEE SECTION USE ONLY
                                                                                           D Copy returned to Bureau

 Date Received:


 Action Taken:                                                                           BY ::                                      DATE:


* For Refund Overpayment, provide fustification in remarks section.


  COPY DISTRIBUTION: Original and 1 copy to forwarding office; 1 copy retained by originating office                                               Form A—462
                                                                                                                                               September 1996


                                          y                                                     1330 Connecticut Avenue, NW
                                                                                                Washington, DC 20036—1795
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  STEPTOE & JOHNSON 1P
                                                  poger=tm :s 0y                                Telephone 202.429.3010
                  ATIOANEYS ATLAW                 $E*                   s                       Facsimile 202.429.3992
                                                                                                www.steptoe.com


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                                              November 2 7, 2000

 VIA 1A ND DELIVERY                                                                        1 Biuetubhisk $ mM
 Maga ie R. Salas,                                                                                           Py

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 Feder i %ommunications Commission                                                     resen         e hy
 445 T we lfth Street, S.W.
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 Wash ns ton, D.C. 20554

_Re:——   litan Wire less, Inc. — Applicatio: i for Se: tion : 14 A ut ority to Provide
         I iternational Seivices Via Non—U.S. Lice nsed sa elite ;,
         IFCC File No. __

 Dear : As . Salas:

                 We are writing on behalf o1 Titan V         ireles    s, ac (°    Ti an") with respeci to the
 above—re ferenced applicasion for Section 214 authc         rity t«    pi ov de   in ernational servic 2s via non—
 U.S. lice ased satellites. In particular, Titaii request    :d Se     :tion :1«    athority to provid : services
 via the [exican satzllites, Solidaridad 1 ar d 2 and        More      os 2 (Sa    m x 5). This authc rity,
 however is no longer necessary. The sate lite Soli          larids    1 | is nc   lo iger functioning. and the
 Commis sion has included both Solidaridac 2 and S           atme:      5 on its   lis : of permitted spi ce
 stations. Accordingly, Titan withdraws i s applic           ition:    or sp ‘ci   ic Section 214 authprity to
 commur icate with these satellites.

                 Should you have any questions con« ernin ; the or gc ing, please do not hesitate to
 contact t ie undersigned.

                                                   Respectfully submitted,

                                                 CmPantelis Michalopoulos
                                                   Colleen Sechrest
                                                   Attorneys for Titan Wireless, Inc.



         ‘ See In the Matter ofSatelites Mexicanos S.A. de C.V.; Petition for Declaratory Ruling,
 Order, File No. SAT—PDR—19991214—00131 (rel. Oct. 3, 2000).




         WASHINGTON                                PHOENIX                                                   LOS ANGELES


                                            Before thell\"—*
                 FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554




In the Matter of

Titan Wireless, Inc.                                     File No. ITC—99—__

Application Pursuant to Section 214 for
Authority to Provide International Facilities—
Based and Resale Services Over Solidaridad 1
and 2, and Morelos 2




                   APPLICATION FOR SECTION 214 AUTHORIZATION

I.      INTRODUCTION

               Titan Wireless, Inc. ("Titan Wireless"), hereby applies, pursuant to Section 214 of

the Communications Act of 1934, as amended, 47 U.S.C. § 214, for authority to provide

facilities—based and resale services to all World Trade Organization ("WTO") member countries

via the Mexican—authorized satellites, Solidaridad 1 and 2 and Morelos 2, which are located at

109.2°, 113°, and 116.2° W.L. respectively. The proposed services will include international

basic switched, non—interconnected private line, data, television, and business services.‘ In Part

II, Titan Wireless demonstrates that the prompt grant of this Application is in the public interest.

In Part III, Titan Wireless provides the information requested in 47 C.F.R. § 63.18. Titan




        ! 47 C.F.R. § 63.12(a).


respectfully submits that this application qualifies for streamlined processing under 47 C.F.R. §

63.12.



II.      THE PROMPT GRANT OF THIS APPLICATION IS IN THE PUBLIC
         INTEREST

                The prompt grant of this Application will serve the public interest, convenience

and necessity, as it will enhance competition on the U.S.—Guatemala and other WTO country

routes. In the Commission‘s DISCO I Order, the Commission established an open entry

standard for those applicants seeking to access foreign satellite systems who: (1) intend to

provide services, such as the basic telecommunications services proposed here, that are covered

by the United States‘ WTO commitments;" and (2) intend to provide their services via satellite

systems that are licensed by WTO Members," such as Morelos 2 and the Solidaridad System.*

Under this standard, the Commission will grant an application absent a demonstration that it

poses a very high risk to competition that cannot be addressed by imposing additional conditions

on the authorization." Certainly, this Application does not pose any such risk. Titan Wireless is

a new entrant in the market for international services, and is not affiliated with any foreign

carrier. Thus, grant of this Application will not impede competition in the international services




         * Amendment ofthe Commission‘s Regulatory Policies to Allow Non—U.S.—Licensed Space
Stations to Provide Domestic and International Satellite Service in the United States, 12 FCC
Red. 24094, 24112 (1997) ("DISCO II Order").

         > DISCO II Order at 24118.
      * Morelos 2 and the Solidaridad System are licensed by the Government of the United
Mexican States, a WTO member.

         ° See DISCO II Order at 24112.


market on the routes in question. Rather, grant of this Application will enhance competition on

these routes by increasing and improving the available service options.

               The prompt grant of this Application is also compelled by the United States‘

obligations under a 1996 Agreement with Mexico. Under this Agreement, the Governments of

the United States and Mexico agreed to "facilitate the provision of services to, from and within

the United States and Mexico via commercial satellites that each Party licenses and coordinates

pursuant to ITU Radio Regulations."" To this end, the United States committed that:

               Mexican Satellites will be permitted to provide serviceto, from
               and within the U.S., in conformance with applicable provisions of
               U.S. law, to the extent that these services enhance rather than
               distort competition in the U.S. market for Satellite Services, and to
               the extent that these services enhance public interest objectives."


As just demonstrated, grant of this Application will serve the public interest by enhancing, not

distorting competition on U.S.—Latin American routes. According, the prompt grant of this

Application is compelled by the United States‘ clear obligation under the U.S.—Mexico

Agreement.



III.     INFORMATION PROVIDED PURSUANT TO SECTION 63.18

               The following information is provided in compliance with Section 63.18 of the

Commission‘s Rules:


        ° Agreement Between the Government of the United States of America and the
Government of the United Mexican States Concerning the Transmission and Reception of
Signals from Satellites for the Provision of Satellite Services to Users in the United States of
America and the United Mexican States, Art. I, § 1, ____ U.S.T. ____, TIAS
(www.fee.gov/ib/srd/treaty.txt), (Nov. 6, 1996) ("U.S.—Mexico Agreement").

       ‘ U.S.—Mexico Agreement, Art. IV, § 1.1.


                                                <3 .


                 (a)    The name, address, and telephone number of the Applicant is:
                               Titan Wireless, Inc.
                               3033 Science Park Road
                               San Diego, California 92121
                               (858) 552—9500

                 (b)    Titan Wireless is a corporation organized under the laws of the State of

Delaware.

                 (c)    Correspondence concerning this Application should be directed to:

                               James T. Taylor
                               General Counsel
                               Titan Wireless, Inc.
                               3033 Science Park Road
                               San Diego, California 92121
                               (858) 552—9765


                 (d)    Titan Wireless is authorized under Section 214 of the Communications

Act to provide global facilities—based and resale services. See ITC—214—1990302—00203 (granted

June 9, 1999).

                 (e)    In this Application, Titan Wireless requests authority pursuant to 47

C.F.R. § 63.18(e)(4) to provide international facilities—based and resale services to WTO member

countries via non—U.S. licensed satellites, including Solidaridad 1 and 2, and Morelos 2.    Titan

Wireless will provide the proposed services in the C—band via authorized earth stations. Titan

Wireless will seek Title III authority to provide the proposed services via its own earth station in

the near future. Titan Wireless certifies, by signature to this Application, that it will comply with

the conditions contained in 47 C.F.R. §§ 63.21—23.

                 (£)    At this time, Titan Wireless seeks no other authorization available under

47 C.F.R. § 63.18(€).
                 (g)    Titan Wireless is seeking facilities—based and resale authority under 47
                                                —4_


C.F.R. § 63.18(e)(4) to provide international services via non—U.S. licensed satellites. The grant

of this Application will not constitute a major action as defined in 47 C.F.R. § 1.1305.

Accordingly, no environmental information is required to be submitted with this Application

under 47 C.F.R. § 1.1311.

                (h)     Titan Wireless is a wholly—owned subsidiary of Titan Corporation

("Titan"), a Delaware corporation. Titan‘s principal business involves communications,

information technology and sterilization systems. No individual or entity owns or control 10%

or more of Titan‘s stock. Titan Wireless has no interlocking directorates with U.S. or foreign

common carriers.

                The principal place of business of Titan Corporation is:

                        Titan Corporation
                        3033 Science Park Road
                        San Diego, California 92121
                        (858) 552—9500

                (1)    Titan Wireless certifies, by signature to this Application, that it is not

affiliated with any foreign carrier.

                (J)    Titan wireless certifies, by signature to this Application, that it does not

seek to provide service to any country in which (1) Titan Wireless is a foreign carrier; or (2)

Titan Wireless controls a foreign carrier; or (3) two or more foreign carriers (or parties that

control foreign carriers) together own more than 25 percent of Titan Wireless and are parties to,

or beneficiaries of, a contractual relation affecting the provision or marketing of international

basic telecommunications services in the United States.

                (k)    Not applicable.

                (1)    Not applicable.


IV.            CONCLUSION

               For the reasons set out above, Titan Wireless requests that the Commission

promptly grant this Application for authority to provide international facilities—based and resale

services via Solidaridad 1 and 2, and Morelos 2.


Dated: November @?{J999

                                              Respectfully submitted,

                                              TITAN WIRELESS, INC.


                                                                          7
                                      By:    ,gnz _S                      7""
                                            Cames T. Taylor, Géneral Counsel
                                             3033 Science Park Road
                                             San Diego, California 92121
                                             (858) 552—9765



Document Created: 2019-04-15 19:08:05
Document Modified: 2019-04-15 19:08:05

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