Attachment 20161222115154-170.p

20161222115154-170.p

SUPPLEMENT

Supplement

2000-02-29

This document pretains to ITC-214-20000229-00118 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000022900118_1385438

Streamlined ITC-21 4-20000229-00118 OFrnJs Categories of Services for 214 Applications (St±1ne/Non- streamline) o LIMITED/GLOBAL RESALE SERVICE 0 LIMITED/GLOBAL FACILITIES-BASED SERVICE LIMITED/GLOBAL FACILITIES-BASED/RESALE SERVICE o INDIVIDUAL FACILITIES-BASED SERVICE o INTERCONNECTED PRIVATE LINE RESALE SERVICE 0 INNARSAT AND MOBILE SATELLITE SERVICE o INTERNATIONAL SPECIAL PROJECT o SWITCHED RESALE SERVICE o TRANSFER OF CONTROL o ASSIGNMENT OF LICENSE o PRO FORMA TRANSFER/ASSIGNMENT o SPECIAL TEMPORARY AUTHORITY 0 SUBMARINE CABLE LANDING LICENSE Description of Application: c7

COPY HER & FLOM LLP SKADDEN, ARPS, SLATE, MEAG 1440 NEW YORK AVENUE, N.W. FIRM/AFFILIATE OFFICES BOSTON WASHINGTON, D.C. 20005-2111 CHICAGO HOUSTON LOS ANGELES TEL: (202) 371-7000 NEWARK FAX: (202) 393-5760 NEW YORK PALO ALTO SAN FRANCISCO DIRECT DIAL WILMINGTON 202-37 1-7581 BEIJING DIRECT FAX BRUSSELS 202-37 I -7996 FRANKFURT EMAIL ADDRESS HONG KONG MLANCAST@SKAODEN.COM LONDON MOSCOW February 29, 2000 PARIS SINGAPORE SYDNEY TOKYO TORONTO Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 1525 1-5115 Authority Re: Application of Optus Networks Pty Limited for Act of 1934, Pursuant to Section 214 of the Communications le Services as amended, to Provide Facilities-Based and Resa ts Between the U.S. and Certain International Poin Dear Sir or Madam: by submits for Optus Networks Pty Limited, by its attorneys, here ptioned application. Enclosed is filing an original and five (5) copies of its above-ca Please date-stamp the duplicate upon a duplicate of this filing and a return envelope. enclosed is a check in the receipt and return it in the envelope provided. Also amount of $780.00 for the filing fee. above referenced number if Please do not hesitate to call me at the this matter. you should have any questions regarding Sincerely, Margaret E. Lancaster, Esq. Enclosures

READ INSTRUCTIONS CAREFULLY APPROVED BY 0MB 3060-0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION ______________________________ SPECLAL USE REMITTANCE ADVICE 1 FAGENO._._OF___ 1 FCC USE ONLY (1)LOCKBOX# 358115 I SECTION A - PAYER INFORMATION (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card) (3) TOTAL AMOUNT PAID (dollars and cents) Skadden, Arps, Slate, Meagher and Flom LLP $ 780.00 (4) STREETADDRESS LINE NO 1 1440 New York Avenue, Northwest (5) STREET ADDRESS LINE NO. 2 (6) CITY (7) STATE (8) ZIP CODE Washington DC 20005-2111 (9) DAYTIME TELEPHONE NUMBER (Include area code) (10) COUNTRY CODE (if not in U.S.A.) (202) 371-7000 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159 C) I SECTION B APPLICANT INFORMATION I (11) APPLICANT NAME (if paying by credit card, enter name exactly as it appears on your card) Optus Networks Pty Limited (12) STREETADDRESS LINE NO. 1 101 Miller Street (13) STREETADDRESS LINE NO. 2 )14) CITY (15) STATE (16) ZIP CODE North Sydney, NSW (17) DAYTiME TELEPHONE NUMBER (Include area code) (18) COUNTRY CODE (if not in U S A) 011-61-2-9342-7800 AU COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159-C) SECTION C - PAYMENT INFORMATION I (iSA) FCC CALL SIGN/OTHER ID )20A) PAYMENT TYPE CODE (PTC) (21A) QUANTITY (22A) FEE DUE FOR (PTC( IN BLOCK 20A FCC USE ONLY C U T $ 780.00 )23A) FCC CODE 1 (24A) FCC CODE 2 (196) FCC CALL SIGN/OTHER ID (2DB) PAYMENTTYFE CODE (FTC) (21B( QUANTITY (22B( FEE DUE FOR (PTC) IN BLOCK 2DB FCC USE ONLY _____________________ $ (236) FCC CODE 1 (246) FCC CODE 2 (19C) FCC CALL SIGN/OTHER ID )2DC) PAYMENTTYPE CODE (FTC) (21C)QUANTITY (220) FEE DUE FOR (FTC) IN BLOCK2OC FCC USE ONLY $ (23C( FCC CODE 1 (24C) FCC CODE 2 )19D( FCC CALL SIGN/OTHER ID (2DD) PAYMENT TYPE CODE (FTC) (210) QUANTITY (22D) FEE DUE FOR (FTC) IN BLOCK 20D FCC USE ONLY I $ (23D) FCC CODE 1 (24D( FCC CODE 2 SECTION D - TAXPAYER INFORMATION (REQUIRED) (25) _________________________________________________ (26) COMPLETE THIS BLOCK ONLY IF APPLICMJT NAME IN B-li IS DIFFERENT FROM PAYER NAME IN A-2) PAYERTIN 10k 3 4 9 2 1414410 APPLICANTTIN SECTION E - CERTIFICATION 01 I I I I I I I I I I (27) CERTIFICATION STATEMENT I, Eric Fit zgerald Reed , Certify under penalty of perjury that the foregopg and su ing in rmation are true and correct to the best of my knowledge, infomation and belief. SIGNATURE . . - (28) SECTION F - CREDIT CARD PAYMENT INFORMATION MASTERCARD/VISA ACCOUNT NUMBER. I EXPIRATION DATE: I MASTERCARD ________________ I MONTH YEAR I herebyahodzetheFCCtochgemyVlSAorMASTEROARD AUTHORIZED SIGNATHRE DATE VISA for the serice(s)/authorizaticn(s( herein described. SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 1932 1440 NEW YORK AVE., NW. WASHINGTON, DC 20005 )5120/540 DC t 0710 DAT ThE ORDER OF C C s $ -t ______________DOLLARS ft NcilionsBank ci **NOT VALID AFTER 90 DAYS*** NationsBank, NA. ACH RIT 054001 204 FOR _________ IIOOLfl2II I:o5I1ooLoL.u: OOL'.22L3O"

SUBJECT TO STREAMLINE PROCESSING Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Optus Networks Pty Limited Application for Authorization Pursuant to Section 214 of the Communications Act for File No. ITC- Global Facilities Service and Global Resale Service Subject to Section 63.18(e) of the Commission's Rules Optus Networks Thy Limited ("Optus" or the 'Applicant") hereby requests authorization, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, for the provision of international telecommunications service, as both a resale and facilities-based carrier, between the United States and various international points except those countries listed on Attachment A and those countries on the exclusion list. This application is filed under Sections.I8(e)(i), (e)(f the Commission's mles, and is subject to streamlined processing pursuant to Section 63.12. Streamlined processing is appropriate under Section 63.12(a) for service to countries in which Optus has no affiliate. For service to those countries in which \ \ N

Optus has an affihia,m1ined processing is appropriate under 63. 12(c), because / L in each instance: (1) the Commission has already found that the foreign affiliate lacks (2) Optus qualifies for a p mptioQfnpn-dominance pursuant to Section 63.10(a)(3); or (3) The proposed destination country is a member of the World Trade Organization ("WTO") and Optus agrees to dominant carrier treat- ment; or (4) An entity with the same ultimate ownership as Optus has been autho- rized to provide the applied-for services on the affiliated destination route, and Optus agrees to be regulated under the same conditions as ------- ------ the authorized carrier for its provision of service on that route. Optus provides the following information, as required by Section 63. 18, in support of its application. (a) The Applicant's name, address, and telephone number: Optus Networks Pty Limited 101 Miller Street North Sydney NSW 2060 Australia Telephone: 011-61-2-9342-7800 Facsimile: 011-61-2-9342-7100 2

(b) Optus is an Australian corporation. (c) Correspondence to the Applicant regarding this application should be addressed to: Matthew Watson, Esq. Optus Networks Pty Limited 101 Miller Street North Sydney NSW 2060 Australia Telephone: 011-61-2-9342-7506 Facsimile: 011-61-2-9342-7667 with a copy to: Richard A. Hindman, Esq. Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Ave., N.W. Washington, D.C. 20005 Telephone: 202-371-7205 Facsimile: 202-371-7012 (d) Opts has not revious!y received authority to provide international telecommunications seiiTces pursuant to Section 214. (e) Optus requests (1) global facilities-based authority pursuant to Section 63.18(e)(1) of the Commission's rules, to provide international telecommunications services between the United States and international points, except those countries listed on Attachment A and countries on the exclusion list, and (2) global authority 3

pursuant to Section 63.1 8(e)(2) of the Commission's rules to resell the international switched services of all U.S. authorized carriers to provide international switched services between the United States and all international points served by those carriers, except those countries listed on Attachment A and countries on the exclu- sion list. Optus certifies that it will comply with the terms and conditions contained in Sections 63.21, 61.22, and/or 61.23 as appropriate. (f) No response required. (g) The Applicant plans to use existing facilities with this authority. Therefore, the authorizations that Optus seeks are categorically excluded from environmental processing pursuant to Section 1.1306 of the Commission's rules. (h) Optus is incorporated under the laws of Australia, which is a member of the World Trade Organization. Optus is a wholly owned subsidiary of Cable & Wireless Optus LimitedC&W Optus") which is also incorporated under the laws of Australia. Its principle business address is 101 Miller Street, North Sydney, NSW 2060, Australia. Cable & Wireless Optus' ultimate parent is Cable & Wireless plc, which hold a 53% (rounded to the nearest whole number) equity interest through its wholly-owned subsidiary Cable & Wireless (Investments) Limited. 4

No other shareholder directly or indirectly owns or votes mort. 10% of the outstanding stock of Optus and Optus has no interlocking directors. (i) Optus certifies that it is a foreign carrier in Australia and New Zealand and that it is affiliated, as defined by Section 63.09, with foreign carriers in the countries listed on Attachment B to this application. (j) Optus is a foreign carrier in the countries noted above in paragraph (i). Optus further certifies that its ultimate parent, Cable & Wireless plc, owns more than 25% of Optus, and Cable & Wireless plc controls foreign carriers in the countries listed in Attachment C. (k) The list of countries (i.e. the destination foreign countries) in which Optus is or is affiliated with a foreign carrier and for which authority is requested is provided in Attachment C. With the exception of Bermuda and Russia, every country for which authority is requested in this Application and in which Optus is a foreign carrier or has a foreign affiliate is a member of the WTO. (1) Attachment C lists the destination countries in which Optus has a foreign affiliate and seeks consent to resell the international switched services of an 5

/ unaffihiated U.S. carrier. Optus will file lytr ic reports to the extent required by the Commission for the following countries: Antigua Macau Barbados Maldives Bermuda Panama Dominica Solomon Islands Fiji St. Kitts and Nevis Grenada St. Lucia Hong Kong St. Vincent and the Grenadines Jamaica Trinidad and Tobago As demonstrated by (m) below and Attachment C, Optus is not required to file traffic reports for the remainder of the countries listed on Attachment C. (m) Optus agrees to be regulated as a dominant carrier on all of the routes identified in paragraph (1) above. Optus requests to be regulated as a non-dominant carrier to all other destination foreign countries listed on Attachment C because Optus' affiliates in these destination markets lack sufficient market power to affect competition adversely in the Uited Statesark\et (i.e. the foreign affiliates lack 50% market share in the international transport and local access markets).' For each of the destination countries listed in Attachment C where Optus requests non-dominant status, the Commission has either (1) already made a determination that the affiliate lacks market power in the destination country with respect to a similarly situated Optus affiliate, or (2) Optus has provided information sufficient to demonstrate that its affiliate lacks sufficient market power in the international transport and local access markets of the destina- tion country. 6

(n) Optus certifies that it has not agreed to accept, and will not accept in the future, any special concessions directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows between the U.S. and any foreign country for which Optus may be authorized to serve, except such concessions as may be permitted by the Commissionts rules. (o) Neither Optus nor any other party to this application is subject to a denial of federal benefits, including FCC benefits, pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862. (p) This application is subject to streamlined processing pursuant to Section 63.12 because in each instance: (1) the Commission has already found that the foreign affiliate lacks market power; or (2) Optus qualifies for a presumption of non-dominance pursuant to Section 63.10(a)(3); or (3) The proposed destination country is a member of the World Trade Organization ('WTO') and Optus agrees to dominant carrier treat- ment; or (4) An entity with the same ultimate ownership as Optus has been autho- rized to provide the applied-for services on the affiliated destination 7

route, and Optus agrees to be regulated under the same conditions as the authorized carrier for its provision of service on that route. CONCLUSION The provision of international telecommunications services by Optus would increase competition in the international marketplace and benefit U.S. ratepayers. Accordingly, the grant of this application would serve the public interest, convenience, and necessity. 8

Respectfully submitted, Mr Barbar Mennah Manager, International Relations Date: '/ C 254137.08-D.C. Seiver2A 9

ATTACHMENT A Countries for which NO AUTHORITY is requested: Anguilla Ascension Island British Virgin Islands Cayman Islands Diego Garcia Falkiand Islands Montserrat Seychelles St. Helena Tonga Turks & Caicos Vanuatu Yemen Countries on the Exclusion List, as may be amended an updated by the Commission from time to time. 10

ATTACHMENT B Countries in which Optus is or is affiliated with a foreign carrier. Anguilla Macau Antigua Maldives Ascension Is land Montserrat Australia Netherlands Barbados New Zealand ' Belgium Pakistan Bermuda Panama British Virgin Islands Philippines Bulgaria Russia Cayman Islands Seychelles Canada Solomon Islands China Spain Diego Garcia St. Helena Dominica St. Kitts & Nevis Falkiand Islands St. Lucia Fiji St. Vincent France Switzerland Germany Thailand Grenada Tonga Hong Kong Trinidad & Tobago Indonesia Turks & Caicos Ireland United Kingdom Italy Vanuatu Jamaica Yemen Japan 11

ATTACHMENT C The following are countries in which Cable & Wireless plc (Applicant's ultimate parent) controls a foreign carrier: Antigua Japan Australia Macau Barbados Maldives Belgium Netherlands Bermuda Pakistan Bulgaria Panama Canada Philippines China Russia Dominica Solomon Islands Fiji Spain France St. Kills & Nevis Germany St. Lucia Grenada St. Vincent Hong Kong Switzerland Indonesia Thailand Ireland Trinidad & Tobago Italy United Kingdom Jamaica With the exception of Bermuda and Russia, all of the countries listed above are members of the World Trade Organization. / I. Non-Dominant Classification Requested With respect to the countries of Belgium, France, Germany, Ireland, Italy, the Netherlands, Spain, and Switzerland, Optus' affiliated carriers in these destination countries lack sufficient market power in the international transport and local access markets to adversely effect competition in the United States. In each case Optus affiliate is competing with the incumbent operator in the destination market and has less than a 50% market share in the international transport and local access markets in the destination country (See Chart below). Accordingly, Optus qualifies for a presumption of non-dominance pursuant to Section 63.10(a)(3). 12

Country Optus Affiliate Dominant Carrier Belgium Cable & Wireless (Belgium) SA/N.V. Belgacom France Cable & Wireless France France Telecom Germany Cable & Wireless Germany Deutsche Telekom Ireland Cable & Wireless (Ireland) Eircom (formally Telecom Eireann) Italy Cable & Wireless (Italy) Telecom Italia Netherlands Cable & Wireless Netherlands Royal KPN Spain Cable & Wireless Spain S.A. Telefonica Switzerland Cable & Wireless Switzerland AG Swisscom With respect to the countries of Australia, Bulgaria, Canada, China, Indone- sia, Japan, Pakistan, Philippines, Thailand, Russia, and the United Kingdom, the Commission has previously granted Cable & Wireless, Inc. (C&W USA) (a similarly situated C&W affiliate) authority to provide service to these destination countries and, in each case, C&W USA was classified as a non-dominant carrier (i.e. the foreign affiliate lacks 50% market share in the international transport and local access markets on each of these destination routes). The Commission found C&W USA and its foreign affiliates to lack market power in the following decisions which accorded non-dominant treatment to C&W USA: Australia: Cable & Wireless, Inc., Memorandum Opinion, Order and Certificate, File No. ITC-93-328, DA 97-25 54, released Dec. 17, 1997. • Australia, Canada: Cable & Wireless, Inc., 9 FCC Rcd 7283 (1994). • United Kingdom: Cable & Wireless, Inc., 11 FCC Rcd 16486 (1996). • Japan: Cable & Wireless, Inc., 11 FCC Rcd 21027 (1996). 13

With respect to Bermuda (a non-WTO country) C&W USA, has previously been granted authority to provide service to Bermuda.4 C&W USA has been classified as a dominant carrier in its provision of authorized services to Bermuda. Optus and C&W USA are similarly situated vis-a-vis its affiliation with the foreign carrier in this destination market and Optus agrees to be regulated under the same conditions as C&W USA for its provision of service on this route. 4 Cable & Wireless, Inc., Non-Streamlined 214 Application Granted, File No. ITC-2 14-1999-0709-00412, released July 23, 1999. 15


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