Attachment 20161220154514-440.p

20161220154514-440.p

SUPPLEMENT

Supplement

2000-02-03

This document pretains to ITC-214-20000203-00052 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000020300052_1385185

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monmmnmcoemmmum [READ INSTRUCTIONS CAREFULLY APPROVED BV OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION emmmnmenmenemnnementernnemnnememnremeemee REMITTANCE ADVICE 1 LockBox &_ _ 358115 . EiLoN1. eB—L ~ROl{ 2) PAYER NAM[%ying by cMm axaml!%zml (3) TOTAL AMOUNT PAID (dollars and cents) Reboul, MacMurray, Hewitt, Maynard & Kristol , 780.00 4) STREET ADDRESS LINE NO. 1 1111 19th Street, N.W. 5) STREET ADDRESS LINE NO. 2 Suite 406 6) CITY (7) STATE (€) ziP CoDE Washington DC 20036 lfl] DAYTIME TELEPHONE NUMBER (Include area code) (10) COUNTRY CODE (if not in U.S.A.) (202) 429—0004___ e700_ e Aeccicant nrocvomm 1) APPLICANT NAMEGT paying by credit card, enter name exactly as it appears on your card) ACN Communication Services, Inc. 12) STREET ADDRESS LINE NO. 1 32991 Hamilton Court 13) STREET ADDRESS LINE NO. 2 14) CITY (15) STATE (16) ZIP CODE Farmington Hills MIL 48334 17) DAYTIME TELEPHONE NUMBER (Include area code} (18) COUNTRY CODE (if not inU.S.A.) (248) 699—4000 19A) FCC CALL SIG ID (20A) PAYMENT TYPE CODE (PTC) 74) quan 1i 22A DUE FOR (PIC) IN BLOCK 20A CC:USE: NEW "a & 2 [ 1 80 .00 i(-ZZZA) FCC CODE 1 .(-ZAA] FCC CODE2 s omm m muniyme memnomomomrennommme q19B) FCC CALL SIGN/OTHER ID (20B) PAYMENT TYPE CODE (PTC) (218) quantit (28) FEE DUE FOR (PTC) IN BLOCK 208 T 23B) FCC CODE 1 |__ | : 24B) FCC CODE 2 hnommmmmenenesmensemmem rmmmepemmes w m cmmenmenemsrnserensmemeemernmom 19C) FCC CALL SIGN/OTHER ID (20C) PAYMENT TYPE CODE (PTC) l(21C) quanTIT (22c) FEE DUE FOR (PTC) IN BLOCK 200 i23C) FCC CODE 1 [ |___| : CC CODE 2 mmmmemmmmnmmmenmt 19D) FCC CALL SIGN/OTHER ID (20D) PAYMENT TVPE CODE (PTC) (220) FEE DUE FOR (PTC) IN BLOCK 200 [Z30) roc cooe i Z4D) FGG cobe 2 25) PAYER TIN 0| 1| 31 21(71 6| L|O0| 1| 5 0 |3 8|3 |4 8|3 ]7|2]|9 SEction E —* CErnibicAtion 27) CERTIFICATION STATEMENT ; _Kristie Stokes Hassett , Certify under penalty of perjury that the foregomg and sup//ng information , ( (PRINT NAME) are true and correct to the best of my knowledge, infomation and belief. SIGNATURE46/'«2A ~ Lt .f/j/ SECTIONF — CREDIT CARD PAYMENT INFORMATION 7 oogere hP MASTERCARD MONTH YEAR mmmenems |AUTHORIZED SIGNATURE DATE ———p VISA I hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s)fauthorizations(s) herein described. SEE PUBLIC BURDEN ES TIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

REBouL, MacMurray, Hewitt, Maynarop & KRiSstOL SuITe 406 45 RoCKEFELLER PLAZA L1 NINETEENTH STREET, N.W. suite 1s00 NEw YoRK, N.Y. IOIII WwasHington, D. C. 20036 1801 CEntUuRy Park East ‘ Los ANGELES, CALIF. 90067 TELEPHONE: (212) 841—5700 TELEPHONE: (202) 429—0004 TELEPHONE: (3101 551— 3070 TELECOPIER: (212) 841—5725 TELECOPIER: (202) 429—8743 TELECOFPIER: ISIO) bs!—23071 February 3, 2000 Federal Communications Commission VIA HAND DELIVERY International Bureau — Telecommunications P.O. Box 358115 Pittsburgh, Pennsylvania 15251—5115 Re: Application of ACN Communication Services, Inc. for Section 214 Authority to Operate as an International Facilities—Based and Resale Carrier Dear Sir/Madam: On behalf of ACN Communication Services, Inc., enclosed please find an original and five (5) copies of an Application for Section 214 Authority to Operate as an International Facilities—Based and Resale Carrier. Also enclosed is the required FCC Form 159 (Remittance Advice), a check made payable to the Federal Communications Commission in the amount of $780.00 for the requisite filing fee, and an extra copy of the application that we ask youto kindly date stamped and return in the self—addressed, stamped envelope provided. In the event you have any questions, or require further information, please contact the undersigned at (202) 429—0004. Very truly yours, Kristie Stokes Hassett Counsel for ACN Communication Services, Inc. Enclosures 9911.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Ns Ne N Nes Ne Nunt! Ned Nt Ne ACN COMMUNICATION SERVICES, INC. File No. ITC—___—_ Application for Authority pursuant to Section 214 of the Communications Act of 1934, as amended, to Operate as an International Facilities—Based and Resale Carrier APPLICATION FOR AUTHORITY Pursuant to the rules ofthe Federal Communications Commission ("FCC" or "Commission"), 47 C.F.R. Part 63, ACN Communication Services, Inc ("ACN" or "Applicant"), through its attorneys, hereby submits an application for authority to provide international facilities—based and resale services between the United States and international points. ACN is a new company organized toprovide telecommunications services. ACN is a wholly—owned subsidiary of American Communications Network, Inc. ("ACN, Inc."). By granting this Application, the Commission will serve the public interest, convenience and necessity by promoting competition in the international services market. ACN‘s provision of international services to customers will serve the public interest by providing a competitive alternative to customers. It will promote, through competition, the efficient use of current and future telecommunications networks. Customers will benefit by having an additional alternative carrier from which to choose, and from general improvements in price, billing options, features and other options that are generated by competitive pressures. ACN anticipates that its proposed 9831.1

services will provide its subscribers with better quality services and will increase choice through innovative, diversified and reliable service offerings. According to the FCC‘s fee schedule, Fee Code CUT, a check in the amount of $780.00 is attached. In support of this request, the following information is submitted as required by Section 63.18 of the Commission‘s rules: (a) The name, address, and telephone number ofthe Applicant are: ACN Communication Services, Inc. 32991 Hamilton Court Farmington Hills, Michigan 48334 Telephone: (248) 699—4000 (b) ACN is incorporated under the laws of the State of Michigan. (c) Correspondence concerning this Application should be sent to: James E. Magee, Esq. Kristie Stokes Hassett, Esq. Reboul, MacMurray, Hewitt, Maynard & Kristol Suite 406 1111 19th Street, NW. Washington, D.C. 20036 Telephone: (202) 429—0004 Facsimile: (202) 429—8743 (d) ACN has not previously received authority under Section 214 of the Communications Act. (e) ACN requests global facilities—based and resale Section 214 authority pursuant to the terms and conditions of §63.18(e)(1) and (e)(2) of the Commission‘s rules. ACN certifies that it will comply with the terms and conditions contained in Sections 63.21, 63.22, and 63.23 of the FCC‘s rules. (£) At this time, ACN seeks no other authorization available under 64.18(e). (g) Not applicable. 9831.1

(h) ACN is a wholly—owned subsidiary of ACN, Inc., a privately held Michigan corporation. ACN, Inc.‘s address is 32991 Hamilton Court, Farmington Hills, Michigan 48334. _ rels0zs Six shareholders of ACN, Inc. currently own more than 10 percent of ACN, Inc.‘s shares. Four shareholders, Greg Provenzano, Robert Stevanovski, Tony Cupisz and Michael Cupisz, own e3 w_.—— 18.125 percent each. Two shareholders, David Stevanovski and Vladimir Stevanovski, own 11.25 percent each.\? All six of ACN Inc.‘s principal shareholdersareUnited States citizens. The ~~. 2s The. on ifhalssmcs h9 Ecs *mLs <—~N_A:___:;/—~\__’fi_ principal business of all six shareholders is ACN, Inc. ACN has interlocking> ;‘iir«ectora,tes with its _ parent company, ACN, Inc. Also, ACN shares one director, Greg Provenzano, with its foreign affiliates, ACN European Services, Ltd. and ACN Europe BV. (i) ACN hereby certifies that it is "affiliated" with the following foreign carriers operatingas international telecommunications carriers in the following countries: ACN European Services, Ltd. in the United Kingdom; ACN Europe BV in the Netherlands; ACN Communications GmbH in Germany; ACN Danmark A/S in Denmark; ACN Communications Sweden AB in Sweden; and All Communications Network of Canada, Co. in Canada.‘ ACN EuropeanServices, Ltd. and All Communications Network ofCanada, Co. are both wholly owned subsidiaries of ACN‘s parent company, ACN, Inc. ACN Communications GmbH, ACN Danmark A/S and ACN Communications Sweden AB are all wholly owned subsidiaries of ACN Europe BV. ACN Europe BV is a wholly owned subsidiary of ACN International, Inc., which in turn is a wholly owned subsidiary of ACN, Inc. All of ACN‘s foreign affiliates provide 1 ACN also wishes to advise the Commission that another affiliate company, ACN Communications Finland Oy, has been established in Finland. At this time, the company is not operating, but it is in the process of registering as a reseller in Finland. 9831.1 3

international and domestic resold long distance services and local toll services. However, none of the affiliates are local exchange carriers. ACN European Services is licensedto operate in the United Kingdom, and the other foreign affiliates have all registered to operate in their respective countries. (J) Pursuant to Section 63.18(j)(3), ACN states that it does seek to provide international services to the United Kingdom, the Netherlands, Germany, Denmark, Sweden and Canada, where ACN‘s parent company, ACN, Inc., controls the foreign carriers listedin section (i) above. All of these countries are membérs of the World Trade Organization. (k) Pursuant to Section 63.18(k)(2), ACN states that its foreign affiliates are new entrants into the international telecommunications market. They do not have the ability to discriminate against unaffiliated United States carriers and, thus, lack market power to affect competition in the United States adversely. (1) Pursuant to Section 63.18(1), ACN should presumptively be treated as a non— dominant carrier. Section 63.10(a)(3) provides that if a foreign affiliate lacks a fifty percent market share in the international transport and the local access markets onthe foreign end of the route, "the U.S. carrier shall presumptively be classified as non—dominant." As stated under: section (k) above, ACN‘s foreign affiliates are new entrants in the international telecommunications market. Thus, they have no ability to discriminate against unaffiliated United States carriers. Therefore, they lack sufficient market power in any foreign market to affect competition adversely in the U.S. market. Accordingly, ACN is presumptively a non—dominant carrier. 9831.1

(m) ACN should be presumptively classified as a non—dominant carrier since its foreign affiliates lack market power in any foreign market. Please refer to section (1) for a further description. (n) ACN certifies that it has not agreedto accept special concessions directly or indirectly from any foreign carrier with respect to any US international route where the foreign carrier possesses market power on the foreign end of the route and will not enter into such agreements in the future. (0) As defined in §§ 1.2001 through 1.2003 of the Commission‘s rules, ACN certifies that it is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse of 1988. (p) Pursuant to Section 63.18(p), ACNqualifies for streamlined processing of this Application. Section 62.12(c)(1)(i) providesthat streamlined processing is available where the Applicant qualifies for a presumption of non—dominance under Section 63.10(a)(3). As demonstrated above, ACN qualifies for a presumption of non—dominance under this section because its affiliates currently lack market power in the foreign marketplace. Accordingly, ACN‘s application is entitled to streamlined processing under Section 63.18(p). A verification of the Applicant is attached. 9831.1

CONCLUSION In light of the foregoing, ACN submits that the public interest, convenience, and necessity will be served by approving this Application. Thus, ACN respectfully request that the Commission grant this Application. Respectfully submitted, ACN COMMUNICATION SERVICES, INC. f / / L{Z%, /??// / fe. By: — Cxs 714&?2’-"/ James E.Magee Kristie Stokes Hassett REBOUL, MacMURRAY, HEWITT, MAYNARD & KRISTOL Suite 406 1111 19th Street, NW. Washington, D.C. 20036 (202) 429—0004 Attorneys for ACN Communication Services, Inc. February 3, 2000 9831.1

1 1 on II a REBOUL, MacMURRAY, \"u & CRESTAR BANK HEWITT, MAYNARD & KRISTOL S serie gUsimEc» commss 1—00328:7205 s (BUSINESS ACCOUNT) \lel 2 /2 /00 EJ Security features included. Details on back. 1111 19TH STREET, N.W., SUITE 406 WASHINGTON, D.C. 20036 PAY TO THE 091186/1—95 ORDER OF Federal Communications Commission 1 | Seven Hundred and Eighty Dollars and 00/100 DOLLARS 1 axgt=#" .V‘ MEMo _Section 214 Filing Fee Ts8 T. 1"0000 500 An" r0 54000 5 2 d12 EDEESQéLLw 77 REBOUL, MacMURRAY, 3 )01 HEWITT, MAYNARD & KRISTOL 2/2/00 —FCC $780.00 Client O040N 1500 Section ~ ition Filing Fee


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