Attachment 20161220163331-803.p

20161220163331-803.p

SUPPLEMENT

Supplement

2000-01-27

This document pretains to ITC-214-20000127-00066 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000012700066_1385211

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Preston|Gates|Ellis & Rouvelas|Meeds ur February 16, 2000 VIA MESSENGER Alicia Smothers Federal Communications Commission International Bureau—Telecom Division 445 12"" Street, SW Room 6A767 Washington, D.C. 20554 Dear Ms. Smothers: I am enclosing five copies of the 214 application that we filed on behalf of Northvoice Communications (USA) Inc. on January 27. If you have any questions please feel free to call me at (202) 662—8476. Very truly yours, \C~CbomentG).Aqana Sharon D. Agranov Telecommunications Specialist/ Legal Assistant Enclosure A LAW FIRM A LIMITED LIABILITY PARTNERSHIP INCLUDING OTHER LIMITED LIABILITY ENTITIES 1735 NEW YORK AVENUE NW, SUITE 500 WASHINGTON, DC 20006—5209 TEL: {202} 628—1700 FAX: {202} 331—1024 www.prestongates.com Anchorage Coeur d‘Alene Hong Kong Los Angeles Orange County Palo Alto Portland San Francisco Seattle Spokane Washington, DC

INSTRUCTIONS CAREFULLY APPRovVEN rYy oug BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE | £ vist 3° 1 Locksox #___ 358115 EP 14 JAN £ name as appears on vour Northvoice Comunications (USA) Inc 780.00 JK4) STREET ADDRESS LINE NO. 1 I Suite 218 — KG) stReet aooress uie no. 2 [12120 Vanier P V6V 232 DAY Th+cuermuNE NUMBER (604) 871—0887 :;wIEMORE:THAN.:ONE name as appears on your PAYER TIN 0 APPLICANT TIN 0 Certifyunderpenaltyofperjurythatthefgregongnrjsuppofling information (PRINT NAME) rencdE truye and correct to the best of my knowledae. infomation and belief. SIGNATURE_L___—— haraby authoriza the FCC to charae my VISA or MASTERCARD sorvice(sYauthorizations(s) herein described.

Before the FEDER iL C DMMUNICATIONS COXN [MIS sIOT Washington, D.C. 20:554 In the latter of N/ NNN N NV NV NV NV N/ NorthV »ice ( omn unications USA ) Inc. File Mo. IT\ :—214 200( 11__ Applic: on ] or G. abal Authc ‘ity Pursuai t to 5 sctior 214 of the Commi nicat ons £ ct of 1934 as Amend «d, to Oper ite as an Interna onal ~acilties—Based ind Resale Carric? A PPL CATION Nortt Voice Communi satior s (US A) In :. (the "Applican ) he eby sque: ts global authort 7, pu suani to Section 214 c ‘the Comn unications Act c ?193 + as ; menc 2d, 45 U.S.C. § 214, an | See ion 6).18 of the Zomu iissic 1‘s R iles, 47 C.F.R. §03.18 to p1 »wvide international telecon muni :atior s services | etwe :n the Unit: d States and var: jus i1 terng ional points on a facilitic : and resale basis. L 3AC {GR JUND The ¢ pplic int is a cor »orati n or; anize 1 and existing ut der t! e lav s of t ie State of Washir ston. The \pplicant i. a wolly— wnec subsidiary of NorthV »ice ( ommunications Inc. ("NorthVoioc"), a British Virfin Is! inds company headquartered in Canad: and majority owned and operated by citizens of Malaysia, Singapore, Australia, Canada and the United States, all of which are WTO—member countries. — NorthVoice is building a global Voice Over Internet Protocol network using state—of— the—art technologies, including Internet Protocol, Frame Relay and ATM technologies, to provide low cost long distance, Internet, wireless datacast and other telecommunications products and

services to residential and business customers. To date, the NorthVcice ne twork has points of prese:ace ("POPs") in Hong Kong and Vancouver, B.C., Canadi and, by th : end of the first qusarter 2000, will encompass 68 to 80 cities it. three continents, incliding 17 m;jor cities in the United States assuming timely grant of tiis Applica ion. As discussed more fully be‘ow, i1 conjunction with its netwo k, NorthVoice is affili ited with a start—up entity that is authorized to provide international telece mmu 1ications services in Hong Kong. However, to the estent thai this entity is deemed i fore gn ca Tier viithin the Comumnission‘s Rules, it does not possess mark :t povier in its home ix arket. Thu:, the Applicant‘s s Fffilistion with this cartier ra‘ses no com petitive issi1es. Consistent with the Commission s pol: cy goals to promote efi fectiv : competition in the market for international telecommunications services," grint of this . wpplication will facilitate the entry of a new facilities—based and resale: carrier in this market. Acerding ly, grint of this Application is in the public interest. IL. INFORMATION SUBMITTE) PURSUANT "°O SECTI JN 6).18 Pursuant to Section 63.18 of the Commission‘s Rules, 47 C.] .R. §03.18, the Applic:nt submits the following information in support of this Application: (a) The name, address and telephone number of the Applicant ire: NorthVoice Communications (USA) Inc. Suite 218—13120 Vanier Place Richmond, B.C., Canada V6V 2J2 Phone: 604—871—0887 .A & Fax: 604—871—0889 * f ‘ Order and Notice of Proposed Rulemaking, Matter ofRules and Policies on Foreign Participation in the U.S. Telecommunications Market, 12 FCC Red 7847 €4 (1997) ("Foreign Participation Order"); Report and Order, Matter ofMarket Entry and Regulation ofForeign—Affiliated Entities, 11 FCC Red 3873, 3877 (1995). .

(cD) The Applica it is : corpuratio i organizec. and existing under the laws of the State of Washing ton. (c) Corresponde ncee r gardi ag thi s Application shnuld be addressed to: Ken:t eth K wan Chie ‘Exe utive Offic :r Nort iVoic : Cor imun cationis (USA) I1 c. Suite 218— 312( Vani »r Plaze Rich nond B.C. Can: da V V 2J2 Phor e: 60— —871— 0887 Fax: 60 —871—0889 with copie ; to: Martin L. itern Lisa L. Fri sdlan ler Presion G: tes Elis & Rouv slas Meeds LLP 1735 New York Ave.. N.W , Suite 500 Wasiingtc n, D.(3. 20( 06 Phor e: 20; —628: 1700 Fax: 202— 31—1( 24 (d) The Applicaat ha: not rrevio isly r:ceived aut i0rity under Section 214 of the Communications ict. (e) The Applicant he »by roequess fow types of aithority, all of which are eligible for stream ined processi1 g.2 S pecifi sally, the.Applic int requests (1) global facilities— based authcrity pu ‘suant to Secti n 63.18(e) 1) of the Comm—.ssion‘s Rules, 47 C.F.R. § 63.18(e)(1), to acquire interests in United States authorized facilities and necessary connecting facilities, and non—U.S. licensed undersea cable systems, to provide international wA & — See Report and Order, Matter of 1998 Biennial Regulatory Review—Review ofInternational Common Carrier Regulations, FCC 99—51, IB Docket No. 98—118 (rel. Mar. 23, 1999) ("Biennial Review Report and Order")(reducing waiting period for granting streamlined applications from 35 to 14 days and expanding class of applications eligible for streamlined processing); Report and Order, Matter ofStreamlining the International Section 214 Authorization Process and TariffRequirements, 11 FCC Red 12884 (1996) (adopting streamlined processing procedures for certain international resale applications)( "Streamlining Order"); 47 C.F.R. § 63.12 (1996); see also Foreign Participation Order at 4 21, 322—29.

telecommunications services between the United States and all international points except those countries excluded by the Exclusion List for facilities—based services; (2) global authority pursuant to Section 63.18(e)(2) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell the international switched services of all United States—authorized carriers, other than those affiliated carriers with market power on a particular route, to provide international switched services between the United States and all international points served by those carriers; (3) global authority pursuant to Section 63.18(e)(2) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell international private lines to provide international non—interconnected private lines services between the United States and all international points; and (4) authority pursuant to Section 63.18(e)(2) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell international private lines interconnected to the public switched network ("PSN") at one or both ends to provide international switched services on all international routes on which the Commission permits such services to be provided." The Applicant certifies thatit will comply with the terms and conditions contained in Sections 63.21 through 63.23 of the Commission‘s Rules, as applicable. See 47 C.F.R. §§ 63.21—63.23. (£) > The Applicant seeks no other authorization available under Section 63.18(e) at this time. (g) The authority requested in this Application is categorically excluded from environmental processing as defined by Section 1.1306 of the Commission‘s Rules, 47 C.F.R. § 1.1306. As such, an environmental assessment is not required for purposes of this Application. « * The FCC will automatically amend all Section 214 authorizations to permit carriers to resell international private lines to provide international switched services between the United States and other countries as the provision of such services becomes permitted by the Commission. See Streamlining Order ( 34; Public Notice, Commencement ofStreamlined Section 214 Procedures and TariffRequirements, 11 FCC Red 12219, 12221—22 (1996).

b) Ext ibit A attached hereto contains the relev ant Section 63.1i3(h) inform: tion. As stated i i Exh bit A , the Applicant is a wholly—o wned subsi liary of NorthVoice, a British Vir. zin Islands somp imy. With the ex ception of certainily co nmot ly—owned entities, the Appli sant certifie: that t does not have iny in erlocking cirectcrates with i: foreign carrier. See 47 C.F R. § 62.2. 1) The Applicant, as a vwholly own»d incirect : ubsiciary of No1thVoice, is affilisted, within the me aning of 4"" C.F.R. § €3.09(2), wih a H ong k ong joreigna carrier. Floweyv 2r, this carrier‘s a stiirt—up entity that lacks 50 percent narket shar : in the international transpc rt anc local ac sess marke s in Hong Cong, and thus is prest mptiv ely considered non—deminai t, raising no com »etitive or j oreig: 1 affiliation concerns. See 47 C.F R § 63.10(a)(3); TeleBermula Int‘l, LLC, D 4A 99—1930 (rel. Oct. 29, 1999). J), (k), (1), (m) Not a»plicable. ) The Applicant sertifies that it hss not agreel and will not agree in the ft ture to accept ; ny di ‘ect 0 : indi—ect special concessions, as c efinel in the Commission‘s Rule: , froni a foreign carrier or administration with regard to traffi: or re venu«: flows on any U.S. int »rnati »nal route w rere t 1e foreign carrier poss »sses sufficient n arket power on the foreign end of the route to effec : com »etition adversely in th e U.S. mar cet. (0) The Applicant certifies that no ; arty t > this Application has been deniec. federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. 2e & (p) The Applicant is eligible for global authority and streamlined processing of its Application pursuant to Sections 63.10 and 63.12 of the Commission‘s Rules. S:ze 47 C.F.R. §§ 63.10, 63.12. Although the Applicant is affiliated with a Hong Kong foreign carrier, this carrier is a start—up entity that does not possess market power in its home market, and therefore the

Applicant is presumptively considered non—dominant under the Commission‘s Rules. Accordingly, the Applicant, as a non—dominant carrier, is eligible for global Section 214 authority and streamlined processing in every destination market it intends to serve. See 47 CFR. §§ 63.10(4)(3); 63.12(0)(1)(Gi)." III. THE APPLICANT‘S OWNERSHIP STRUCTURE DOES NOT RAISE ANY PUBLIC INTEREST CONCERNS As noted above, the Applicant is 100% owned by a company incorporated under the laws of the British Virgin Islands ("BVI"), whichis not a WTO—member country." Consequently, under the Foreign Participation Order, the Commission may apply- én;.f-fective competitive opportunities ("ECO") analysis as partof its public interest inquiryif the applicant is a foreign carrier or is affiliated with a foreign carrier that has market power in the destination markets Applicant intends to serve. Foreign Participation Order 128. As certified herein pursuant to Section 63.18(i) of the Commission‘s rules, Applicant is not itself a foreign carrier, nor is it affiliated with any foreign carriers that possess market power in their home markets and, therefore, the ECO test is not applicable here.© Furthermore, even if it determines that the ECO test may be applicable in this instance, the Commissi?on should find that because NorthVoice‘s "home market" is in Canadaand other WTO—member countries, the ECO test need not be applied. Indeed, the Commission has held that, in general, an entity‘s "home market" is deemed to be the country in which the applicant has w 4 & * Furthermore, as stated by the Commission in its Order establishing streamlined processing for Section 214 authority, foreign—affiliated U.S. carriers should be treated no differently than non—affiliated U.S.—carriers to the extend that the foreign carrier does not possess market power on the routes served. See Streamlining Order at J 12. * The BVI is an overseas territory of the United Kingdom. The BVI is not itself a signatory to the WTO Agreement, and the Embassy of the United Kingdom confirmed that the BVI is not a WTO—member through its status as a UK territory. © In granting the transfer of a submarine cable landing license to an applicant 100% owned by a Bermuda (non—WTO member country) company, the Commission held that no ECO test was required as the applicant was not a foreign carrier nor was it affiliated with a foreign carrier that had market power in the destination market of the cable. See

its "principal »lace of business," which in this case is Canada an d Ho: g Kong, both W [O— meriber scuririzs." See Foreign Participation Order 116. Accorc ingly there is no reasc n to app y he EC) est here. Finall ;, grant of this Application would provide substanial be nefits to th: glot al tele soint w nicaiions market by facilitating the entry of a new favilitie —base d and resal : carr er. As notec, o tk Voice is constructing an advanced VOIP netwo: k usi ig sta e—of— :he—ar . teck nclo zics in 1 is planning to provide a variety of telecommut icatic ns product; and iervic :s to resi lertial an 1 Dusingss customers, including low cost long dist ince ; hid—In ernet services. Ly the nicf he fi:st quarter 2000, NorthVoice‘s network is plannd to : ncon pass 58 to 30 cit es in thre : cor tiie its, including 17 major cities in the United States. £ ccor di igly, the facts presented herein demonstrate that App! cant‘ ; ownershif struc ture doe : not raise a 1y ptblic interest concerns, and grant of this Ap»licat on is sonsistent vith tie Cor in is sicn‘ ; public interest goal of promoting global telecomt 1unic itions competitic a. TeleBermuda International, LLC, at §« 8—9. The Commission should reach the same conclusion fere as the analysis for Section 214 applications is analogous. See Foreign Participation Order 130. ‘ NorthVoice has its headquarters and main sales office in Canada, with an additional office in Hong Kong. NorthVoice conducts the majority of its business from these offices, and they serve as the place of employment for NorthVoice‘s 86 employees. NorthVoice has also established POPs and retail outlets in Canada and Hong Kong. Accordingly, the majority of NorthVoice‘s tangible property is located in WTO—member countries, and the majority of NorthVoice‘s revenues are derived from sales to customers in WTO—member countries. ® In addition, while the Applicant‘s parent company is incorporated in the BVI, NorthVoice is majority owned by a citizen of Malaysia, which is a WTO—member country. o

IV. CONCLUSION The Applicant is legally, financially, and technically qualified to provide the services for which it requests authority. For the reasons stated above, the Applicant submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 application. Respectfully submitted, —— NorthVoice Communications (USA) Inc. oomnyiPrggs Kenneth Kwan Chief Executive Officer NorthVoice Communications (USA) Inc. Suite 218 — 13120 Vanier Place Richmond, BC, Canada V6V 202 Dated: January 21, 2000 sauf

EXHIBIT A Informaiion Submitted Pursuant to Section6:3.18(I) Th nam ;, adciress, citizenship and prin :ipal business of the Applic int‘s 10% 0| greater shareholde is as follows: Sharehold: r Nat ie/Address % Teld Citizenship Principal Bi siness NorthVoic : Cor munications Inc. 1(0 British Virgin Telecommu iications ("NorthVo ce") Islands Suite 201— 38 V est Broadway Street Vancouve B.C , Canada VS5Y 3X2 Th nam ;, address, citizenship and prin :ipal business of NorthVoic«‘s 10% or ; reater shareholde : is as follows: Sharehold: r Nat i1e/Address % Teld Citizenship Principal Bi siness Canbridge (nves ments Ltd. 1(0 British Virgin Holding Co npany ("Canbrid; 2") Islands Commerce Chat ibers Road Tow | Tortola, B: itish /irgin Islands Th nam ;, address, citizenship and prir :ipal business of Canb:ridge's 10% or g1 :sater shareholde : is a: follows: Shareholder Name/Address YoHeld Citizenship Principal Business Ms. Liaw Yueh Hwa 100 Malaysia Management Investor Suite 2101 —1009 Expo Boulevard 1 Vancouver, B.C., Canada f With the exception of certain commonly—owned entities, the Applicant does not have interlocking directorates as that term is defined in Section 62.2 of the Commission‘s Rules. See 47 C.F.R. § 62.2.

CERTIFICATION OF APPLICZ/NT NorttVoice Communications (USA) Inc. certifies that it is not subject to :: denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti— DPrug Abuse: Act of 1988, nor does it have any interlocking directorates with a foreign carrier. NoithVo:ce Communications (USA) Inc. certifies, as set forth more fully in ‘he fo :egoing Ap jlicat on, tat it is affiliated with a foreign carrier that is authorized to provide ir ternational telecc mmu riications services in Hong Kong. NorthVoice Communications (USA) Irc. cer ifies hat it does not seek to provide international telecommunications services to any desiinaticnrn—country foar which any of the statements contained in Section 63.18(j) are true. NorthVoice Commmurications (USA) Inc. has not agreed to accept nor shall it accept in the future any special concessions, is defined ty the Commission‘s Rules, directly or indirectly ‘rom any foreign carrier or a dministration with respect to traffic or revenue: flows on any U.S. ‘nternational route where the foreizn carier possesses sufficient market power on the foreign end of the route to a‘fect competition adversely in the U.S. market. > NorthVoice Comn unications USA ) Inc. Kenneth Kwan Chief Executive Officer NorthVoice Communications (USA) Inc. Suite 218 — 13120 Vanierx Place ‘Richmond, BC, Canada + vVéV 202 Dated: January 21, 2000

BERRY BEST COURIERS, LTD. P 24622 1990 M St., NW., Washington, D.C. 20036, Suite 740 —— 202—293—4964 FROM: TO: Account Number Date PO BOX (Requirec cCYruwoCsOEanov Eesnt Se ' Ple Briat T\ \ — Q—‘I :h Federil Comtr iciations Corimmiission Trs<smm U Ets c/o 1M : on B; 1136 Nen vorlk Au Three Niellon ak Center > e } |\| W _ stt 525 Viilliam ] a Way Ansnooton TY aCmmo 27tl EPlcor R i1 53—2711 You warrant that this &hiément is packed adequately to insure safe Pittsbir sh, Pe ylvaaii transportation with ordinary care in handling. You warrant that your [VourRglerencelafet our ereno? fi ? rafia, [ __C 221 0C_O * a— ) package is properly marked and addressed for delivery. Our liability for delays not caused by your negligence is limited to , ® Pllor _ Check appropr ate box for t of c ate—ste mped cc py. For overnight, a refund of your delivery charges. We will not be liable for loss include carrier ana UNt uc Jer. damage or delay caused by events that we cannot reasonably o Hold for Pickup &fHand—Deliver c Overnight o Mail foresee including, but not limited to acts of God, perils of transpor— Overnight Carrier & [ Y jur Account Numbe: ~—| tation, weather conditions, mechanical delays, acts of war, strikes, civil commotion, or acts or omissions of public authoriites with ac— tual or apparent authority. For Office Use Only: CTNH® TeEeq ho WE WILL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL, Received at Berry Best By: ==D te Time fi CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER OR NOT WE KNEW SUCH DAMAGES MIGHT BE INCURRED. "app

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