Attachment 20161229130510-280.p

20161229130510-280.p

SUPPLEMENT

Supplement

2000-01-19

This document pretains to ITC-214-20000119-00035 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000011900035_1387665

       Categories of—Seryvices for
                           e/Non—stre




     LIMITED/GLOBAL RESALE SERVICE
C    LIMITED/GLOBAL FACILITIES—BASED
C    LIMITED/GLOBAL FACILITIES—BASED
C    INDIVIDUAL FACILITIES—BASED SER
(@   INTERCONNECTED PRIVATE LINE RES
(=   INMARSAT AND MOBILE SATELLITE S
@    INTERNATIONAL SPECIAL PROJECT
C    SWITCHED RESALE SERVICE
C    TRANSFER OF CONTROL
C    ASSIGNMENT OF LICENSE
C    PRO FORMA TRANSFER/ASSIGNMENT
(e   SPECIAL TEMPORARY AUTHORITY
C    SUBMARINE CABLE LANDING LICENSE




Description of Application:


                                                                                                           FCC/MELLON                       JAN 192000 >
READ INSTRUCTIONS CAREFULLY                                                                                                                                        \@’
  BEFORE: PROCEELING                                                                FEDERAL COMMUNICATIOCNS COMMIS SION                                        s es
                                                                                                                                                              SPECIALUSE
                                                                                     REMITTANCE ADVICE
                                                                                                       C     1            1                                   FCGC JSEONLY       _ ~~—                                   *
(1»rocksoxs 3581‘.5                                                                                 PAGEND:...——.OF
                                              ce                               |            SECTION A — PAYER INFORIIATION                           [ >                         Ei.                                     Ts
     (2) PAYER N ME (if paying | y credi card, enter name exacily as it appears on your card)                                                            (3 TOTAL AMOUNT PAID (do lars anci cei ts)
     Wiley, Rein & F eldinmg                                                                                                                             s                                                     78).00
     4) STREET . .DDRESS LINE No.1                                                              f                                                                                                              M
     176 K Street, NM.W.
     (5) STREET . .DDRESS LINE NO. 2                                                                                                                                                                           l

     (6) city                                                                                                (7) SmAE                                    (6 ZP cobe                                            wl
     Washin{:ton                                                                                             DC                                          2 0006
     (0) DAYTIME TELEP HOTE r UMBER (Include :irea code)                                                    (10} GOUNTRY GOUE (if not in U.S.A )                                                               i6
     (202) 7 .9—7000
                                      IF PAYER NAMIZ AND THE APFP‘LICANT N/ME ARE DIFFERENT, COWN ?LETE SECTION B
                                     _____IF MCRE THANN ONE APPI.ICANT, USE CONTINLATION SHI:ETS [FORM 159—C)
                                                                               I      SECTION B — APPLICANT INFORMATION                             T
(11). AP ?LICA! IT NAME (im ing by credit CJE enter nume exactly as it appears on your card)
 Terion Incorporiited
(12) STREET / DDRESS I.INE NO. 1
 420 Noith Wickiam Road
(13) STEET/ DDRESS 1.INE NO.
                           2


(14) CnYy _                                                                                                (15) STATE                                    (1 ) ZIP CopE
 Meloou ne                                                                                                   FL                                          22934
(17) DAYTIME FELEPHONE NUMBEI2 (Include area code) _                                                       (18) GOUNTRY COUiE (if not in U.S.A )                                                               6
 (407) 7©2—3000
       COMPI.ETE SIZCTION C FOR EACHSERVICE, IF MORE BOXES ARE NEEDED, USE CC NTINUATION SHEETS (FORM 15! 1—C)
                                                                                       SECTION C — PAYMENT INFOFR.MATION                             [                                                         C
(19A) FCC CALL SIGN/OTHER ID                        (20A) PAYMEN®"TY °E CODE (PTC)                     (21A) QUANTITY         (22A) FEE DUE FOR ‘PTC) It BLOCK 20A FCC USE ONLY
                                                             TS _(E                     7                               1 |s                                 180.00
(23A) FCC CODE 1                                                                                                  (24A) FCC CCDE 2          in                                                                 l


(19B) FCC CALL SIGN/ODTHER ID                       (20B) PAYMEN‘E>E CODE (PTC)                        (21B) QUANTITY         (22B) FEE DUE FO—R:PTC) It BLOCK 20B FCC USE ONLY                                i


(23B) FCC CODE 1
                                                                J__            I        |                                 s
                                                                                                                  (24B) FCC CCDE 2


(19C) FCC CALL SIGN/OTHER ID                        (20C) 1°AYMEN®* TYPE CODE (PTC)                    (21C)QUANTITY          (22C) FEE DUE FOR (PTC) It BLOCK 20C FCC USE ONtY


(23C) FCC CODE 1
                                                                 [             _|       |                                     s
                                                                                                                  (24C) FCC CODE 2


(19D) FCC CALL SIGN/OTHER ID                        (20D) PAYMEN®* TYPE CODE (PTC)                     (210D) QUANTTY         (22D) FEE DUE FOR (PTC) it BLOCK 20D FCC USE ONLY


(23D) FCC CODE 1
                                                                 |             I        |                                     s
                                                                                                                  (24D) FCC CODE 2



                                              .. SECTIOND — TAXPAYER INFORMATION (REQUIRED)
(25)                                                                                                              (26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN B—11 IS DIFFERENT FROM PAYER NAME—IN »xz)

PAYER TIN                                   O0|s |2 1 |2 |s |9 |9 |s 8                                            APPLICANTTIN                                 0| s |9 |3 |2 |7 |0 8|3 |7
                                                                                              SECTION E — CERTIFICATION
(27) CERTIFICATION STATEMENT .                                                                                                                                                            s
1,       Nicole M. McGinnis                                                            , Certify under penalty of perjury that the f                              nd
                                                                                                                                                                omz                           ing         information
                                     (PRINT NAME)                                                                                                                                        +          Asg    /     4
are true and correct to the best of my knowledge, infomation and belief. SIGNATURE                                                                                                   C              }/1/7/@_/
         %                               SECTION F — CREDIT CARD PAYMENT INFORMATION                                                                                                                                 C
(28)                                MASTERCARDNISA ACCOUNT NUMBER:                                                                                             EXP|RAflON DATE:

           MASTERCARD

                                                                                                                                                                MONTH       YEAR

           yies        I hereby authorize the FCC to charge my VISA or MASTERCARD               AUTHORIZED SIGNATURE                                                DATE

                       for the service(s)/authorization(s) herein described.                >
                                                                        SEE PUBLIC BURDEN ESTIMATE ON REVERSE                                                FCC FORM 159            JULY 1997 (REVISED)


                                                  Before the
                                     Federal C )mmunications Comn iission
                                              W ashin;:ton, DC 20554




      In the Matte: o1

      Terion Incor »01 ated                                     Fi e No.

      Global Blanl :et Ap plication Pursuant tc
      Section 214 f he Communications Act of
      1934, as Am sncled, To Offer Resale —__
      Services as ;n I ite mational.Carrier~~




                 GL )F Al, BLANKET APPL ICATTON FOR SEC[ION 214 .UTHORITY

                Teric n I 1ccrporated ("Terion" ¢r "Applicant") hereby : equests glo »al authority pursuant

      to SectlonZ] 41 '\f‘,.t ie Communications Act 0: 1934, as ainende d, 47 U.S.C . § 214, and Section


[
      63.18(e)(2)« ft 1e (ommission‘s Rules 47 C.F.R. 4 63.18(e)(‘ .), to provid s resale switched,
|

\_
     RTé;cgmect‘ ‘d orivate line,‘ and non—it tercorinected private li1 e services I etween the United

      States and al ir ter national points, exce t tho se on the Commu: sion‘; exclision list. This

      application i ; eligi»le for streamlined p ‘ocessing pursuant to S sction 63.12 of the Commission‘s

      Rules."




      |       Applicant‘s request for authority to provide resold international basic switched services
      over private lines ("interconnected private line" or "ISR") is limited to authority between the
      United States and foreign countries that the FCC has authorized, and will authorize in the future,
      for such services.

      2         47 C.F.R. § 63.12. See Section (p) infra.


       Terion, a Delaware corporation, currently provides two—way mobile data services

throughout the United States. Applicant requests to be classified as non—dominant. Applicant is

entitled to a presumption of non-domifiance on all routes under Sections 63.10(a)(1), (3) and (4)

of the Commission‘s Rules." The Applicant is not a foreign carrier andits only affiliation is with

a Canadian foreign service provider that lacks sufficient market power on the foreign end of the

route to affect competition adversely in the U.S. market. Further, Applicant‘s provision of

international switched services will be solely through the resale of an unaffiliated U.S. facilities—

based carrier‘s international switched services.

       Applicant‘s request for authority to provide resold services will further the public interest.

Applicant‘s entrance into the market will promote competition and lower prices for international

services. Moreover, grant of this applicationis consistent with the Commission‘s goal of

promoting competition in international markets.

       In support of its request for Section 214 authorization, the Applicant provides the

following information in accordance with Section 63.18 of the Commussion‘s Rules:


       (a)     The name, address and telephone number ofthe Applicant:

                       Terion Incorporated
                       420 North Wickham Road
                       Melbourne, FL 3293
                       Telephone: (407) 752—3000

       (b)     Applicant is organized under the laws of the State of Delaware.

       (c)     Correspondence concerning this application should be addressed to:




5      47 C.F.R. §§ 63.10(a)(1), (3) and (4).


                 James Roesch
                 Terion Incorporated
                 420 North Wickham Road
                 Melbourne, FL 32934
                 Telephone: (407) 752—3000
                 Please send copies of any correspondence to:

                 Eric DeSilva
                 Nicole McGinnis
                 Wiley, Rein & Fielding
                 1776 K Street, NW
                 Washington, DC 20006
                 (202) 719—7000

(d)     Applicant has not received any prior Section 214 authorization.

(e)(2), (£) Applicant requests Section 214 authorization to provide international resold

services under Section 63.18(e)(2), 47 C.F.R. § 63.18(e)(2), and certifies that it will

operate as an international resale carrier pursuant to the terms and conditions of Sections

63.21 and 63.23 of the Commission‘s Rules, 47 C.F.R. §§ 63.21, 63.23.

(g)    Not applicable.

(h)    The name, address, citizenship and principal business of any person or entity that

directly or indirectly owns at least ten percent of the equity of the Applicant is listed

below, together with the percentage of equity owned by each (to the nearest one percent):

 Name              Address            Citizenship           Principal Business       Interest:
 HVFM—IL,          c/o Terion         U.S. Limited          Venture Capital          34.8%
 L.P.              Incorporated       Partnership           Fund
 International     c/o Terion         U.S. Limited          Asset Tracking for       41.3%
 Logistics         Incorporated       Liability Corp.       Transport
 Group, L.L.C.


(1)    Applicant certifies that it is not a foreign carrier. Applicant further certifies that it

is affiliated with a foreign service provider, Madison/Terion Communications, Inc.,
           %


which is authorized to provide international telecommunications services in Canada.


                                                 —4_


        (0))    Applicant certifies that it does not seek to provide international

        telecommunications services to any destination country where the Applicant is, controls, —

        or is affiliated with a foreign carrier, except that Applicant seeks to provide international ‘

        telecommunications services between the United Stateys and Canada, and Applicant owns

        a cumulative indirect interest of 46.7% in a new, emerging carrie:r,/ Madison/Terion

        Communications, Inc., which will be operatingin Canada in the near future.*

        (k)    The Applicant‘s affiliated carrigr lacks market power in Canada. Madison/Terion

        Communications, Inc. is a newly-authori:zéd service provider in Canada. Madison/Terion

        Communications, Inc. will be entering the market in the near future, and consequently

        does not have any market share in any portions of the international transport market or the

        local access market. Thus, it has no @mlcet power in Canada that could be exercised to

        affect adversely the United States market. Moreover, the destination foreign country,

        Canada,. is a member of the World Trade Organization.

        d)     The Applicant may resell the international services of unaffiliated carriers for the

        purpose of providing international telecommunications services to Canada where it has an

        affiliated carrier. Applicant complies with Section 63.10(a)(3) of the Commussion‘s

        rules, 47 C.F.R. § 63.10(a)(3), because Applicant‘s foreign affiliate, Madison/Terion

        Communications, Inc., is a new, emerging carmer in Canada and, as such, lacks 50

        percent market share in the international transport and the local access markets in Canada

        and cannot affect competition adversely in the U.S. market.


4     Terion, Inc. holds a 20% direct interest and a 26.67%indirect interest in Madison/Terion
Communications, Inc., for a cumulative indirect interest of 46.67% (i.e., a non—controlling
interest).


                                          —5


(m)       Applicant is not affiliated with a foreign carrier on any route except Canada and

requests regulation as a non—dominant carrier because it satisfies the requirements of

Sections 63.10(a)(1), (3) and (4) ofthe Commission‘s Rules. Asstated previously,

Applicant‘s affiliate in Canada, Madison/Terion Communications, Inc., is a new,

emerging carrier that will enter that market in the near future. Consequently, it lacks 50

percent market share in the international transport facilities or services, the inter—city

facilities or services and the local access facilities or services markets in Canada.

Applicant has no other foreign affiliation, is not a foreign carrier and will only provide

international switched services through the resale of an unaffiliated U.S. facilities—based

canfier’s international switched services.

(n)       Applicant certifies that it has not agreedto accept special concessions directly or

indirectly from any foreign carrier 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.

(0)       Applicant certifies pursuant to Sections 1.2001 through 1.2003 of the

Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, that it is not subject to a denial of

Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C.

§ 853(a).

(p)       This application is eligible for streamlined processing pursuant to Section 63.12

of the Commission‘s Rules, 47 C.F.R. § 63.12, because the Applicant qualifies for a

presumption of non—dominance under Sections 63.10(a)(1), (3), (4) even though it is


                                               —6—


       affiliated with a foreign carrier. Applicant only seeks to provide switched basic services

       over private lines to countries previously authorized by the Commission.

                                       _ CONCLUSION

       For the foregoing reasons, Terion Incorporated requests that the Commussion grant it

global blanket Section 214 authorization to provide resale switched, interconnected private line,

and non—interconnected private line services between the United States and all international

points as a non—dominant carrier.



                                             Respectfully submitted,

                                             TERION INCORPORATED


                                             By:      </x/(/b/4        C[    Amesa__



January _}(, 2000


                                                               This check is GREEN

WILEY, REIN & FIELDING                                                                                                No.               122816
           1776 K Street, N.W.
         Washington, DC 20006                                                                            Date                        Amount
            Operating Account                                                                     01/19/2000                |***********780.00

            Pay            Seven Hundred Eighty and No/100 Dollars ONLY

   To the
 Order of                  Fcc


                                                                   NafiomBlnkOfDC
                                                                              NA.
                                                                                                (Two Slgfi‘t Required For Amounts Over $1,000.00)
                                                                         15-130/540


                                 "kee2ddd6n® s05400i20Lnr                    ©00000 370 2498 ?1°




mmmasnoaas!                                                                                                           No.               122816
                                                                                                                                               a



   FCC                                                                                                                Check Date         O01/19/2000

   Description                                      Date         Invoice No.          Amount of Invoice             Discount                  Net
   FILING FEE                                    01/18/2000                                    780.00                      & 00             780.00

                                                                                                                   Total                    780.00




Bemitance Advice                             WILEY, REIN & FIELDING
Detach before depositing
                                                    Operating Account



Document Created: 2019-04-17 20:49:21
Document Modified: 2019-04-17 20:49:21

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