Attachment 20170105130059-513.p

20170105130059-513.p

SUPPLEMENT

Supplement

2000-03-30

This document pretains to ITC-214-20000330-00209 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000033000209_1391131



                                          KELLEY DRYE & WARREN cur
                                                    A LIMITED LIABILITY PARTNERSHIP



                                                 1200 I9QTS STREET, N.W.

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         TAMFORD,   CT                                                         ~ {WB
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    PARSIPPANY, NJ

                                                                                                        DIRECT LINE (202) 955—1771
  BRUSSELS, BELGIUM

         HONG KONG                                                                                             i   *
                                                                                                                        E—MAIL:
                                                                                                         Apisciotta@kelleydrye.com

    AFFILIATE OFFICES

  BANGKOK, THAILAND                                      March 30, 2000
 JAKARTA, INDONESIA
MANILA, THE PHILIPPINES
     MUMBAI, INDIA
     TOKYO, JAPAN




         VIA COURIER

         Federal Communications Commission
         IB—Telecommunications Division
         P.O. Box 358115
         Pittsburgh, PA 15251—5115

                          Re:     Application of WCI Cable, Inc. for Global Authority Pursuant
                                  to Section 214 of the Communications Act of 1934, As Amended, To
                                  Operate as an International Facilities—Based and Resale Carrier.

         Dear Sir or Madam:

              Enclosed for filing with the Commission are original and six (6) copies of the application of WCI
         Cable, Inc. requesting global authority to operate as an international facilities—based and resale carrier
         between the United States and various international points pursuant to Section 214 of the
         Communications Act of 1934, as amended.

             As required by the Commission‘s Rules, a check in the amount of $780.00 is enclosed. Please date—
         stamp the extra copy of this application andreturn it in the enclosed self—addressed, stamped envelope.
         Any questions regarding the enclosed application should be addressed to the undersigned.

                                                                     Respectfully Submitted,

                                                                         %/U/‘v Ff: cl'l/%‘-' by «4

                                                                    Aileen A. Pisciotta
                                                                    Counsel for WCI Cable, Inc.
         AAP:rf)

         Enclosures




         DCOI/BAHEL/108844.1


                                                                                                                                       APPROVED BY OMB              3060—0589
    BEFORE PROCEEDING                                                              FEDERAL COMMUNICATIONS COMMISSION
                                                                                       REMITTANCE ADVICE
                                                                                                                  1
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                                                   name                as   appears on your

Kelley       D          & Warren, LLP
    STREET

    1200 19th Street, NW
    Suite 500

Washington                                                                                            DC                       20036—2423

(202) 955—9600
f                      YER     E AND THE             NAME ARE          7                                                                                       B
                      IF MORE THAN ONE: APPI_ICANT, USE CONTINUATION SHEETS                                                                        159—C
                                                          name              as    appears on your

WCI Cable, Inc.

    5289 NE Elam Young Parkway
 Suite D 100
                                                                                                                                ZIP CODE

    Hillsboro                                                                                         Oregon                   97124
(503) 844—2774
COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS

                                             C                __[U          {I.                              780.00




    AYER TIN                          119(513 131511                                      O 7              PLICANT TIN            9|8]|0|1]|7]7]9|3

                                                                                   Certify under penalty of perjury that the               supporting information
                             (PRINT NAME)
     true and correct to the best of my knowledge, infomation and belief. SIGNATURE




                 heraby authorize the FCC to charge my VISA or MASTERCARD

                      service(s)/authorizations(s) herein dexcribed.


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                                     Before the
                      FEDERAL COMMUNICATIONS COMMISSION
                               Washington, D.C. 20554




In the Matter of

WCI CABLE, INC.

Application Under Section 214                                 File No. ITC
of the Communications Act of 1934,
as Amended, for Global Authority
for the Provision of Resold and Facilities—Based
International Switched and Private Line
Services Between the U.S. and Various
International Points



                                          APPLICATION

               WCI Cable, Inc. ("WCIC" or "Applicant‘"), by its attorneys and pursuant to

Section 214 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. § 214,

hereby requests global authority to (1) operate as a facilities—based carrier pursuant to the terms

and conditions of Section 63.18(e)(1) of the Commission‘s Rules, 47 C.F.R § 63.18(e)(1), to all

foreign points as authorized by the Commission and (2) operate as a resale carrier pursuant to the

terms and conditions of Section 63.18(e)(2) of the Commission‘s Rules to all foreign points as

authorized by the Commission.‘ 47 C.F.R. § 63.18(e)(2). WCIC has no affiliation with any

foreign carrier in any of the destination countries for which authority is requested nor is WCIC



       With respect to the provision of switched services over private lines, WCIC seeks
       authority in this Application to provide such services only to (1) those locations
       specifically approved by the Commission for the provision of such services, or (2) as
       specified in Section 63.22(e)(2) and 63.23(d)(2) of the Commission‘s Rules,
       47 C.F.R. §§ 63.22(e)(2), 63.23(d)(2), which permit the use of future lines to provide
       switched access services where the carrier is exchanging traffic with a foreign carrier that
       lacks market power at the foreign end.


                                                                          503.533.5552      WCI Cable, Inc. — Oregon
                                                                          503.533.0933fax   5289 NE. Elam Young Parkway
                                                                                            Suite D100
                                                                                            Hillsboro, OR 97124


affiliated with any dominant U.S. carrier whose services WCIC may resell. Thus, pursuant to

Section 63.10(a)(1) of the Commission‘s Rules, 47 C.F.R. § 63.10(a)(1), WCIC should be

classified as a non—dominant carrier in its provision of international service on all routes.

Furthermore, as explained herein, this Application is entitled to streamlined processing under

Section 63.12 of the Commission‘s Rules. 47 C.F.R. § 63.12. According to the FCC‘s fee

schedule, Fee Code CUT, a check in the amount of $780.00 is attached hereto.

               In support of its request for authority, WCIC submits the following information

pursuant to Section 63.18 of the Commission‘s Rules, 47 C.F.R. 63.18:

       (a)     The name, address and telephone numberof the Applicant is:

               WCI Cable, Inc.
               5289 NE Elam Young Parkway
               Suite D 100
               Hillsboro, Oregon 97124
               (503) 8§44—2774

       (b)     WCIC is a corporation organized under the laws of the State of Delaware.

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

               Aileen Pisciotta
               KELLEY DRYE & WARREN LLP
               1200 19°" Street, N.W.
               Suite 500
               Washington, D.C. 20036
               (202) 955—9600
       with copies to:

               Patrick T. Estenes
               Vice President, Marketing and Sales
               WCI CaABLE, INC.
               5289 NE Elam Young Parkway
               Suite D 100
               Hillsboro, Oregon 97124
               (503) 439—1581




                                                                          503.533.5552      WCI Cable, Inc. — Oregon
                                                                          503.533.0933fax   5289 NE. Elam Young Parkway
                                                                                            Suite D100
                                                                                            Hillsboro, OR 97124


(d)   WCIC has not previously received Section 214 authority from the Commission.

      WCIC is applying for authority to operate as a facilities—based carrier pursuant to
      the terms and conditions of Section 63.18(e)(1), of the Commussion‘s Rules 47
      C.FE.R. § 63.18(e)(1) and as a resale carrier pursuant to the term and conditions of
      Section 63.18(e)(2) of the Commission‘s Rules. 47 C.F.R. § 63.18(e)(2). WCIC
      requests authority to serve all countries permitted under a grant of global
      authority. As evidenced by the certification provided in Attachment A, WCIC
      will comply with the terms and conditions contained in Sections 63.21, 63.22 and
      63.23 of the Commission‘s Rules. 47 C.F.R. §§ 63.21—.23.

(£)   At this time, Applicant does not seek authority to provide service not referenced
      under paragraph (e) of Section 63.18 of the Commission‘s Rules. 47 C.F.R. §
      63.18(e).

(g)   WCIC will use previously authorized facilities to provide the services requested
      by this Application. Consequently, WCICis categorically excluded from
      environmental assessment pursuant to Section 1.1306 of the Commission‘s Rules.
      47 C.F.R. § 1. 1306.

(h)   WCIC is 90 percent owned by AMP Life Limited ("AMP"), a large Australian
      financial institution, and two other non—telecommunications Australian—based
      entities and individuals. Noentity or individual other than AMP has 10 percent or
      more ownership interest in WCIC. The address of AMP Life Limited is Level 20,
      33 Alfred Street, Sydney, NSW, 2000 AUSTRALIA, or P.O. Box R227, Royal
      Exchange NSW 1225 AUSTRALIA.

)     As evidenced bythe certification attached hereto as Attachment A, WCIC is not
      affiliated with a foreign carrier.

(G)   As evidenced bythe certification attached hereto as Attachment A, WCIC does
      not seek to provide international telecommunications service to any destination
      where: (1) WCIC is a foreign carrierin that country; (2) WCIC controls a foreign
      carrier in that country; (3) any entity that owns more than a 25% interest in
      WCIC, or controls WCIC, controls a foreign carrier in that country; or (4) two or
      more parties own, in the aggregate, more than 25% of WCIC and are parties to, or
      the beneficiaries of, a contractual relationship that affects the provision or
      marketing of international basic telecommunications services in the United States.

(k)   Not applicable; WCIC is not affiliated or otherwise related to any foreign carrier
      on any of the routes which WCIC proposes to provide service in this Application.

(1)   Not applicable; WCIC is not a foreign carrier and is not affiliated with a foreign
      carrier on any of the routes it proposes to resell international telecommunications
      service.


                                                               503.533.5552       WCI Cable, Inc. — Oregon
                                                               503.533.0933 fax   5289 NE. Elam Young Parkway
                                                                                  Suite D100
                                        3                                         Hillsboro, OR 97124


(m)   Not applicable; WCIC is not affiliated with any foreign carrier on any of the
      routes it proposes to provide service.

(n)   As evidenced by the certification provided in Attachment A, WCIC has not
      agreed to 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 agreementsin the future.

(0)   As evidenced by the certification provided in Attachment A, no party to this
      application is subject to a denial of Federal benefits pursuant to Section 5301 of
      the Anti—Drug Abuse Act of 1988.

(P)   WCIC respectfully requests streamlined processing of this Application pursuant
      to Section 63.12 of the Commission‘s Rules. 47 C.F.R. § 63.12 This Application
      qualifies for streamlined processing for the following reasons: (1) WCIC is not
      affiliated with a foreign carrier on any route for which authority is sought;
      (2) WCIC is not affiliated with any dominant U.S. carrier whose international
      switched or private lines services it seeks to resell; and (3) WCICis not
      requesting authority to provide switched service over private lines to countries not
      previously authorized for service by the Commission.




                                                               503.533.5552       WCI Cable, Inc. — Oregon
                                                               503.533.0933 fax   5289 NE. Elam Young Parkway
                                                                                  Suite D100
                                        4                                         Hillsboro, OR 97124


               WHEREFORE, WCIC respectfully requests that the Commission grant it

authority to provide international telecommunication services on a facilities and resale basis

pursuant to Section 214 of the Communications Act of 1934, as amended.


                                             Respectfully submitted,




                                      By:    ~frdvts
                                                 7




                                             Patrick T. Estenes
                                             Vice President, Marketing and Sales
                                             WCI CaBLE, INC.
                                             5289 NE Elam Young Parkway
                                             Suite D 100
                                             Hillsboro, Oregon 97124
                                             (503) 439—1581




Aileen Pisciotta
KELLEY DRYE & WARREN LLP
1200 19°" Street, N.W.
Suite 500
Washington, D.C. 20036
(202) 955—9600

Its Attorney

Dated: March 28, 2000




                                                                         503.533.5552      WCI Cable, Inc. — Oregon
                                                                         503.533.0933fax   5289 NE. Elam Young Parkway
                                                                                           Suite D100
                                                 3                                         Hillsboro, OR 97124


                                        CERTIFICATE


                The undersigned hereby certifies, on behalf of WCI Cable, Inc. ("WCIC") with
respect to the foregoing application for authority to provide international service, that:

       1.      WCIC is not affiliated with any foreign carrier in any of the countries to which
WCI proposes to provide service in the foregoing application.

       #4     WCIC will comply with the terms and conditions contained in Sections 63.21,
63.22, and 63.23 of the Commission‘s Rules. 47 C.F .R. §§ 63.21—23.

        3;       WCIC does not seek to provide international telecommunications service to any
destination where: (1) WCIC is a foreign carrier in that country; (2) WCIC controls a foreign
carrier in that country; (3) any entity that owns more than a 25% interest in WCIC, or controls
WCIC, controls a foreign carrier in that country; or (4) two or more parties own, in the
aggregate, more than 25% of WCIC and are parties to, or the beneficiaries of, a contractual
relationship that affects the provision or marketing of international basic telecommunications
services in the United States.

       4.      WCIC has not agreed to 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.

       3.     No party to this application is subject to a denial for Federal benefits pursuant to
Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 853(a).




                                     By:       755:/ 7. [g §
                                     Title:    _|// /7744//4/0:} f-fl-,,é,/
                                     Date:          3//92 00//2200




                                                                       503.533.5552       WCI Cable, Inc. — Oregon
                                                                       503.533.0933 fax   5289 N. Elam Young Parkway
                                                                                          Suite D100
                                                                                          Hillsboro, OR 97124



Document Created: 2019-04-09 02:14:25
Document Modified: 2019-04-09 02:14:25

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