Attachment 20161227150041-070.p

20161227150041-070.p

SUPPLEMENT

Supplement

1999-12-13

This document pretains to ITC-214-19991213-00779 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999121300779_1387358

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BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 ue 1 3 1998 In the matter of Soft—Tronik Corporation. Application for authority pursuant to Section 214of the Communications Act of 1934;, as amended, for global File No. authority to operate as an international facilities—based e and resale carrier. APPLICATION USA Soft—Tronik Corporation ("Applicant") hereby requests authority, pursuant to Section 214of the Communications Act of 1934, as amended, 47 U.S.C. § 214 (1982), and Section 63.18 of the Federal Communications Commiussion ("FCC") Rules, 47 C.F.R. § 63.18 et seq., to provide global international facilities—based and resale services between the United States and international points, including specific aufho»rity pursuant to 47 C.F.R. § 63.18 (e)(4) to provide such services to Ukraine, wfiere Applicant‘s affiliate operates as a non—dominant carrier. Applicant further requests that this Application be granted according to the streamlined processing procedures set forth in 47 C.F.R. § 63.12. Applicant is a U.S. corporation organized to conduct any lawful business including the provision of telecommunication services. As noted above Applicant is affiliated with a foreign carrier operating in Ukraine. However, as shown below, Applicant‘s affiliate qualifies for a finding of non—dominance under Section 63.10(a) By granting this Application, the Commission will ser\;e the public interest, convenience and necessity by promoting competition in the international services market.

Competition will benefit U.S. consumers by increasing service options and lowering prices. Thus, the public interest will be served by the grant of Section 214 authority to Applicant. Applicant submits the following information in support of its request for authorization pursuant to 47 C.F.R. §63.18: (a) USA Soft—Tronik Corporation One Sansome Street, 20 Floor San Francisco, California 94104 Tel; 415—951—4611 (b) Applicant is organized as a corporation under the laws of the State of California. (c) Correspondence concerning this Application should be sent to: John L. Clark GOODIN, MACBRIDE, SQUERI, SCHLOTZ & RITCHIE, LLP 505 Sansome Street, 9th Floor San Francisco, California 94111 Telephone: (415) 765—8443 Fax: (415)—765—8443 (d) Applicant has not previously sought or received authority under Section 214 of the Communications Act. (e) Applicant requests global facilities—based and resale authority pursuant to 47 C.F.R. §§ 63.18(e) (1) and 63.18(e)(2). In addition, Applicant requests specific authority pursuant to 47 C.F.R. § 63.18(e)(4) to provide facilities based, resold switched service, and switched or private line service over resold private lines to Ukraine, where Applicant‘s affiliate operates as a non— dominant carrier. Applicant certifies that it will comply with 47 C.F.R. §§ 63.21, 63.22, and 63.23. (g) The authorizations requested under 47. C.F.R. § 63.18(e)(4) are

categorically excluded pursuant to 47. C.F.R. § 1.1306 from environmental assessment requirements. (b) The following persons or entities own a ten percent or more equity interest in Applicant: Name and Address Citizenship Business Percent Ownership Grigori Dzekon Businessman 601 Van Ness Avenue, Apt. 1029 Ukraine (Applicant‘s President) 51% San Francisco, California 94102 Eugene Zimin Businessman 402 8 Avenue, Apt. 402 Ukraine (Applicant‘s Chief 25% San Francisco, California 94118 Executive Technical Officer) Yuri Lissetskii Businessman 7 Revodskogo Street, Apt. 11 Ukraine (Applicant‘s Chief Financial 19% Kiev 252091, Ukraine Officer) Each personidentified above is also an officer and director of Applicant‘s affiliate, Kiev onLine Ltd., which is wholly—owned by Applicant. Kiev onLine Ltd. operates as a non—dominant carrier in Ukraine. In addition, the following person is also an officer and a director of both Applicant and Kiev onLine Ltd.: Name and Address Citizenship Business Percent Ownership Val Shidlovsky Businessman 402 8" Avenue, Apt. 402 USA (Applicant‘s Secretary) 5% San Francisco, California (i) Applicant certifies that it is affiliated with one foreign carrier, Kiev onLine Ltd., which is wholly—owned by Applicant and operates as a non—dominant carrier in Ukraine. (7) Applicant certifies that it seeks authority to provide international

telecommunications services to Ukraine, where Applicant‘s \-Jvholly-owned subsidiary, Kiev onLine Ltd. operates as a non—dominant carrier. (k) Ukraine has applied for membership in the World Trade Organization, but is not yet a member. Applicant‘s wholly—owned subsidiary, Kiev onLine Ltd., owns a competitive fiber optic network in Kiev, Ukraine. This network, which Kiev onLine Ltd. began constructing in1997, now consists of a number of rings totaling approximately 85 km in length and is one ofseveral competing fiber optic networks in Kiev. Kiev onLine Ltd. does not own or operate any international transport facilities. Telecommunications services in Ukraine are dominated by two state—controlled carriers. Ukrtelecom, a state—owned company, administers the national wireline infrastructure and hasa local switched services monopoly in Kiev, which is operated under the name Kievelectrosvyaz. UTEL, which is owned in part by private foreign companies but is controlled by Ukrtelecom through a 51% ownership share, dominates the long—distance and international markets. Applicant does not have access to infc»rfiation that would enable it to establish the precise local access market share enjoyed by Kiev onLine, Ltd.; however, Applicant estimates that its share of the local access market is less than 0.1%. Moreover, Kiev onLine, Ltd. neither owns nor controls any bottleneck or monopoly facilities. Quite clearly, Kiev onLine, Ltd. has no ability to exercise market power in any aspect of its operations. (1) Applicant‘s foreign carrier subsidiary, Kiev onLine Ltd., does not hold market power in any aspect ofits operations as is demonstrated by its holding substantially less than a 50% market share in the local access and international transport markets in Kiev. Therefore, Kiev onLine Ltd. satisfies the showing for non—dominant status required under 47

C.F.R. § 63.10(a)(3). (m) As shownabove, Applicant‘s foreign carrier subsidiary, Kiev onLine Ltd., is presumptively non—dominant pursuant to the provisions of 47 C.F.R. § 63.10(a)(3). (n) Applicant certifies that it has not agréed and will not agree to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier péssesses market power on the foreign endof the route. (0) Applicantcertifies that no party to the application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Actof 1998. (p) This application qualifies for streamlined processing under 47 C.F.R. § 63.12 because it seeks authorizations only under 47 C.F.R. § 63.18 and none of the exceptions to streamlined processing set forth in 47 C.F.R. § 63.12(c) apply. CONCLUSION As demonstrated in this application, USA Soft—Tronik Corporationis qualified to provide the services for which it requests authority. For the reasons stated above, USA Soft— Tronik Corporation submits that the public interest, convenience and necessity would be furthered by a grant of application. The requested authorization should therefore be issued to USA Soft—Tronic Corporation to provide global international facilities—based and resale services between the United States and international points, including specific authority pursuant to 47 C.E.R. § 63.18 (e)(4) to provide such services to Ukraine.

Respectfully submitted this 8th day of December 1999 at San Francisco, California. GOODIN, MACBRIDE, SQUERLI, RITCHIE & DAY, LLP John L. Clark : 505 Sansome Street, Suite 900 San Francisco, California 94111 Telephone: (415) 392—7900 Facsimile: (415) 398—4321 By ,l-m Joth IL_Ctark Attorneys for Applicant USA Soft—Tronik Corporation

CERTIFICATION OF APPLICANT I hereby certify that the statements in the foregoing Application for Section 214 authority are true, complete, and correct to the best of my knowledge and are made in good faith. USA SOFT—TRONIK CORPORATION Name: Val Shidlovsky Title: Secretary Date: December 8, 1999 2808/001/X07121—1


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Document Modified: 2019-04-24 21:28:38
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