Attachment 20161229100154-540.p

20161229100154-540.p

SUPPLEMENT

Supplement

1999-12-20

This document pretains to ITC-214-19991220-00815 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999122000815_1387554

_—Categories of Services for 214 Applications reamline/Non—streamline semling AL RESALE SERVICE eAltal BAL FACILITIES—BASED SERVICE Syilge) myet —INDIVIDUALFACILITIES—BASEDSERVICE ssfe) E RESALE SERVICE t[d —INMARSATANDMOBILESATELLITESERVICE ue _INTERNATIONALSPECIALPROJECT seF _—_SWITCHEDRESALESERVICE welts| _—TRANSFEROFCONTROL mafe) _ASSIGNMENTOFLICENSE seuff] __PROFORMATRANSFER/ASSIGNMENT sls _GSPECIALI,TEMPORARYAUTHORITY S2l __SUBMARINECABLELANDINGLICENSE

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 tfi tizeetRreedtBrentBmeatOrzatBraatBtmcadl In the Matterof Stratos Telecom, Inc. Application Pursuant to Section 214 for File No. ITC—99—__ Global Authority to Provide International Facilities—Based and Resale Services APPLICATION FOR SECTION 214 AUTHORIZATION I. INTRODUCTION Stratos Telecom, Inc. ("Stratos Telecom" or "Applicant") hereby applies, pursuant to Section 214 of the Communications Act of 1934, as amended ("Communications Act"), for global authority to provide facilities—based and resale services. The proposed services will includeinternational basic switched, non— interconnected private line, data, television, and business services to all international points. These services will also includeinternational basic switched services via private lines to authorized countries. This Application qualifies for streamlined processing. Although Stratos Telecom is affiliated with telecommunications carriers in Canada, this Application still qualifies for streamlined processing because Canada is a WTO Member country and Stratos Telecom agrees to be classified as a dominant carrier to Canada without

prejudice to its right to petition for reclassification at a later date."‘ While Stratos Telecom is affiliated with other foreign carriers, these foreign carriers control far less than 50 percent of the relevant international transport and local markets, thus Stratos Telecom qualifies for a presumption of non—dominance on all international routes.? II. INFORMATION REQUIRED BY SECTION 63.18 The following information is provided in compliance with 47 C.F.R. § 63.18: a. The name, address and telephone number of the Applicant is: Stratos Telecom, Inc. 6903 Rockledge Drive, Suite 500 West Bethesda, MD 20817 (709) 748—4203 b. Stratos Telecom is a U.S. corporation organized under the laws of Delaware. C. Correspondence concerning this Application should be directed to: Stratos Telecom, Inc. 6903 Rockledge Drive, Suite 500 Bethesda, MD 20817 Attention: Derek Woods, President (709) 748—4203 with a copy to: 1 See 47 C.F.R. § 63.12(c)(v). Bell Canada recently filed a petition for declaratory ruling seeking its removal from the Commission‘s "List of Foreign Telecommunications Carriers that are Presumed to Possess Market Power in Foreign Telecommunications Markets." See Petition of Bell Canada, Inc. (filed Nov. 4, 1999). 2 See47 CF.R. §§63.12(c)(1)(ii) and 63.10(a)(3). «J .

Alfred M. Mamlet Marc A. Paul Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036—1795 (202) 429—3000 d. Stratos Telecom has not received any Section 214 authorizations from the Commission. e. In this Application, Stratos Telecom requests authority pursuant to 47 C.F.R. § 63.18(e)(1) and (2) to provide international facilities—based and resale services to all international points. Stratos Telecom certifies by signature to this Application that it will comply with the conditions contained in 47 C.F.R. §§63.21—23. f. At this time, Stratos Telecom seeks no other authorization available under 47 C.F.R. § 63.18(e). g. Stratos Telecom is seeking facilities—based and resale authority under 47 C.F.R. §63.18(e)(1) and (2) to provide international services to all international points. 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. Stratos Telecom has the following direct and indirect 10 percent or greater shareholders: (1) Stratos Holdings Inc. ("Stratos Holdings"), a Delaware corporation, with a 100 percent ownership interest in Stratos Telecom, (2) Stratos Global Corporation ("Stratos Global"), with a 100 percent interest in Stratos Holdings; (3) NewTel Enterprises Ltd. ("NewTel"), with an approximately 64 percent interest in Stratos ~I3~

Global; (4) Aliant Inc. ("Aliant"), with a 100 percent interest in NewTel; (5) Bell Canada, with a 41.6 percent interest in Aliant Inc.; and (6) BCE Inc. ("BCE"), with an 80 percent interest in Bell Canada.* Currently, Stratos Telecom is controlled by Aliant with an approximately 64 percent interest in Stratos Global. BCE, in turn (through its subsidiary Bell Canada), holds a 41.6 percent interest in Aliant, with the Aliant stock widely held. As set forth in a Section 214 Application for Transfer of Control filed on December 3, 1999 by BCE, BCE intends to acquire an additional 11 percent of Aliant‘s stock, which will place BCEin control of Aliant as an owner of approximately 53 percent of its stock. See Section 214 Application for Transfer of Control filed by BCE Inc., File No. ______ (filed Dec. 3, 1999). After BCE acquires control of Aliant pursuant to Commission approval of BCE‘s Section 214 Application, BCE will have indirect control of Stratos Telecomvia its control over Stratos Telecom‘s parent company, Stratos Global Corporation, through its controlling interest in Aliant. With respect to interlocking directorates, Stratos Telecom notes that it has two directors, Derek Woods and George Kilguss, who are also directors of the Canadian companies Stratos Global and Stratos Wireless. The principal place of business of Stratos Holdings is as follows: * The other 20 percent of Bell Canada is owned indirectly by SBC Communications, Inc. through Ameritech Corporation. —4—

Stratos Holdings, Inc. 6903 Rockledge Drive, Suite 500 Bethesda, MD 20817 The principal place of business of Stratos Global Corp. is as follows: Stratos (Global Corp. Suite 5200 — Scotia Plaza 40 King Street West Toronto, Ontario MSH 3Y2 Canada The principal place of business of NewTel is as follows: NewTel Enterprises, Ltd. P.O. Box 2110 Fort William Building 10 Factory Lane St. John‘s, Newfoundland A1C5HG6 Canada The principal place of business of Aliant Inc. is as follows: Aliant, Inc. One Brunswick Square P.O. Box 5030 Saint John, New Brunswick E2L 4L4 The principal place of business of BCE Inc. is as follows: BCE Inc. 1000, rue de La Gauchetiere Street West Bureau 3700 Montreal, Quebec Canada H3B 4Y7 The principal place of business of Bell Canada is as follows: Bell Canada 105 Hotel—de—Ville Hull, Quebec Canada J8X 4H7

i. Stratos Telecom certifies, by signature to this Application, that it is affiliated with the foreign carriers listed in Appendix 1. These carriers are located in Canada, Colombia, Mexico, India and Brazil. j. Other than the carriers and countries identified in Appendix 1 as part of section (i) above, Stratos Telecom does not seek to provide international telecommunications services to any destination country where: (1) Stratos Telecom is a foreign carrier in that country; or (2) Stratos Telecom controls a foreign carrier in that country; or (3) Any entity that owns more than 25 percent of Stratos Telecom, or that controls Stratos Telecom, controls a foreign carrier in that country. (4) Two or moreforeign carriers (or parties that control foreign carriers) own, in the aggregate, more than 25 percent of the applicant and are parties to, or the beneficiaries of, a contractual relation (e.g., a joint venture or market alliance) affecting the provision or marketing of international basic telecommunications services in the United States. k. Canada, Colombia, Mexico, India and Brazil are each WTO—member countries. I. As demonstrated in section (m) below, Applicant is entitled to fion- dominant status on all routes except the U.S.—Canada route because each of its affiliates (outside of Canada) controls far less than 50 percent of the local access and international transport markets.

m. Stratos Telecom certifies by its signature to this Application that it will comply with the Commission‘s dominant carrier regulations on the U.S.—Canada route. Stratos Telecom qualifies for non—dominant status on all other routes where it has affiliates. As noted in Appendix 1, Stratos Telecom is affiliated with cellular carriers in India and Colombia. In Brazil, Stratos Telecom is affiliated with a carrier which provides heavy route space segment services. In Mexico, Stratos Telecomis affiliated with a newly authorized competing carrier of local and long distance services. Each of these affiliates clearly controls far less than 50 percent of the local access and international transport markets. In short, since Stratos Telecom is not affiliated with any foreign carrier (outside of Canada) with sufficient market power to affect adversely competition in the U.S. market, Stratos Telecom is entitled, under Section 63.10(a)(3), to non— dominant status on all routes other than the U.S.—Canada route.* n. Stratos Telecom certifies that it has not agreed to accept special concessions directly or indirectly from any foreign carrier or administration with respect to any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market and will not enter into such agreements in the future. 4 Bell Canada recently filed a petition for declaratory ruling seeking its removal from the Commission‘s "List of Foreign Telecommunications Carriers that are Presumed to Possess Market Power in Foreign Telecommunications Markets." See Petition of Bell Canada, Inc. (filed Nov. 4, 1999).

o. By its signature to this Application, Stratos Telecom certifies pursuant to 47 C.F.R. § 1.2002 that it is not subject to denial of any federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853a. p. As stated above, Stratos Telecomis entitled to streamlined processing pursuant to Section 63.12 of the Commission‘s Rules because (1) Canada is a member of the WTO and Stratos Telecom certifies, by signature to this application, that it will comply with the Commission‘s dominant carrier regulations on the U.S.—Canada route (47 C.F.R. § 63.12(c)(1)(v)); and (2) as noted in paragraph (m) above, Applicants are entitled, pursuant to 47 C.F.R. § 63.10(a)(3), to non—dominant status on all other routes. See 47 C.F.R. § 63.12(c)(1)(ii). III. CONCLUSION For the reasons set forth above, Stratos Telecom requests that the Commission promptly grant this Application for global authority to provide international facilities—based and resale services.

Respectfully submitted, Stratos Telecom, Inc. By: z’%@\\\ Name: Derek Woods Title: ~ President Alfred M. Mamlet Marc A. Paul Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 202—429—3000 Counsel for Stratos Telecom, Inc. Dated: December 20q 1999

o ead "% ATTACHMENT 1 — FOREIGN CARRIER AFFILIATES ; . T & Company i woms 2~___~~ Descrintion of S.....__ eanol l BCE Nexxia Inc. | Provides high speed data services. Canada ‘ Bell Advanced seller of telecommunciations services. _nada l Communications 1998 Inc. Bell Canada (*) ‘ "—ovides local, long distance, a~" ‘~*~==~**—=~! ——!—— —=—# 4—40 ==——=—>—— *nmada ‘ | in Ontario and Québec, Canada. (See Note 1 below.) ‘ Bell Mobility Cellular Inc. ! P—qvides of cellular and PCS services in Ontario and Quf*®—— ~———~— ‘‘imada Bell Mobility Pagil ~ ;irn cartrinac in Antarin and MiiAhan Manada Fn.lada Bell Satellite Services Inc. ‘ "——vides direct to home v* ~ mnada Comunicacion Celular S.A. ‘_~ ovides cellular services i~ **— ~~—~*+—=~= =——*—= —°0—*t—~* *‘ ‘ombia ‘ Comcel S.A. (Comcel) ‘ f ! ConneCTIvity Managed ‘_"—pvides resold 1~*~ ~~—"~~~ **mada ‘ Network Services _ Darome Canada Inc. ‘ ®—pvides telecorfomarnnina~ samrinas +a~< vsimcaan ana seaa~ * Anada Infosat Telecommunications | Provides mobile satellite services. Canada Iridium Canada | ~ . ovides mobile satellite services. nada Communications Inc. Island Telecom Inc. | Provides local, long distance, and international services in Prince Canada | —_—ward Island, Canada. (See Note 1 bu.....,

h dergme ied ol7olt w lcc e on CCm O L Maritime Tel &Tel Limited Provides local, long ~ Scotia, Canada. (See Note 1 below.) inmiaaaite"" MT&T Mobility — in Nova Scotia,Canada. (See N« NBTel Inc. To CC ze a~ — ze4 _¥ 0. 4 4 data services in New Br NewTel Mobility * *~—**~~ ~—~~*~—~— —zireless services in Newfoundland and Labr— *~~ anrcoconcoctics ca | I NewTel Commu~‘—————‘ *~——~*~—— ‘ocal, iong distance, and internat:~~~*‘ ~~~=~~~ ~— anada | 1 Newfoundland —=1 * —*—~—1—= T—=——1— f0—— *t—*— tom—tw—o* NorTel Mobility Inc. | Provides celluiar services in Northeastern Untario, Canada. Canada | Northern Telephone Limited |! Provides local tele * to 1M C TT Canal . I Northwestel Inc. *~——*~~ * acal and long Ctort~s~ samr=oa~s in en vorrma~n ang minsensan>e *anada l 1 ‘Territories and British Cor——— — ——=———— Northwestel Mobility Inc. Provides the wireless services in the Yukon and Northwest ‘Territories Canada | and British Colur~"‘~ ~—~—~—7~ Occidente y Cart‘ ~ *‘ ‘ ~* ellular serv ~‘»lombia S.A. (Occel) 1 SkyTel Commun‘ irline passenger communicat ~anada Corporation | Stratos Wireless, ~ 10bile and fixed satellite services. Car _ Tata Communications Lim@t=d | Provides cellular ser ~ M e e T India (Tata)

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