Attachment 20170110101545-047.p

20170110101545-047.p

SUPPLEMENT

Supplement

2000-04-17

This document pretains to ITC-214-20000407-00268 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000040700268_1392460

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esA                                 —BASED/RESALE SERVICE
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                  APPLICATION OF EVEREST BROAYBAND NXCTWORKS                                                 *
                 TO PIiOVIDT INTERN.ATIONAL TEL °COMMUNICATIONS
                                 SERVICE S )N A RESAI E BASIS

                                             Before the
                         FEDERAL CCOMMIUJINICATIONS COMMISSION
                                  Vashit gton, D.C. 20 i5k.


In the Matter of
EVEREST BROaD3AND NETWOIK S
Application for autho>rity pursuant            F le No. L T.‘ S.—
to Section 214 of the Communication i
Act of1$34, as arnended, for global
authority to operate :is :in international
resale carrier




APPLICATION

                Everest 3roadband Ne work ; (° Everest Broac band") t ereby requests authority,
pursuant to Secticn 2 14 of the Communizations Act of 19 }4, as anmended, «7 U.S.C. §214 (the
"Act‘), and Section 03. 18 of the Com nissicn‘ ; Rules, 47 CIJ‘UR. § 63.1¢, to provide global
international resale ssrvices between the Ut ite1 States inc. in ternational po nts.

             Evsrest 3roadband is a U:it d !itates co ng any orgzinized to provide
telecommunications services, includir g inte mns tional telec m municat ons s :rvices on a resale
basis. Everest Broacba id has no fore gn af ilintions. Eve—est Broadbkand seeks to serve business
customers throughot t the United States.

               By granting this applic ation, the Commissi n will serve t ie jublic interest,
convenience and necessity by promotng competition it. th e internationa! services market.
Competition will benefit United State ; consumers by incre asing service pptions and lowering
prices. Thus, the public interest will be served by the grant of Section 214 authority to Everest
Broadband.

SECTION 63.18 INFORMATION

                 The information provided below is submitted, as required by Section 63.18 of the
Commission‘s Rules, in support of Everest Broadband‘s request for authorization. The
information is organized by the subsection of Section 63.18 to which it pertains.

§63.18(a)—       Everest Broadband Networks
                 One Executive Drive, Suite 170
                 Fort Lee, New Jersey 09024
                 (201) 944—6477

§63.18(b)—       Everest Broadband is incorporated under the laws of Delaware.


§63.18(c)—       Joseph Varello, Vice President
                 Everest Broadband Networks
                 One Executive Drive, Suite 170
                 Fort Lee, New Jersey 07024
                 (201) 944—6477
                 and


                 Dale E. Thomas
                 Sidley & Austin
                 Bank One Plaza
                 10 S. Dearborn
                 Chicago, Illinois 60603
                 (312) 853—7787

§ 63.18(d)—      Everest Broadband has not received previous authority under Section 214 of the
                 Act.        f

§ 63.18(q)(2)—   Everest Broadband is applying for authority to resell the international services of
                 authorized U.S. carriers subject to Section 63.23 of the Commission‘s Rules;
                 therefore Everest Broadband: (1) requests Section 214 authority to operate as a
                 resale carrier pursuant to Section 63.18(e)(2) of the Commission‘s Rules; (2)
                 requests authorization to resell to all countries; and (3) certifies that it will comply
                 with the terms and conditions contained in Sections 63.21 and 63.23 of the
                 Commission‘s Rules.

§63.18(g)
                                       <

                 Not-A.pplicable.

§ 63.18(h)—      The entities listed below are the only persons or entities that own at least ten
                 percent (10%) of Everest Broadband.                                   4

                 Pequot Capital Management Inc.—                  26.91% ownership through various
                 500 Nyala Farm Road                              holdings
                 Westport, Connecticut 06880

                 Softbank Technology Ventures V, L.P .—           17.42% ownership through various
                 200 West Evelyn Street, Suite 200                holdings
                 Mountain View, California 94043

                 Everest Broadband has no interlocking directorates with a foreign carrier."

§63.18G)         Everest Broadband certifies that it is not affiliated with any foreign carrier.


*         &                                                   &              &         B             «
    There is one member of Everest Broadband‘s board of directors who is also a director of Asia
Online, a foreign entity. However, Asia Online primarily provides internet service and related
data services, and is not a telecommunications carrier.


§ 63.18(G)   Everest Broadband certifies that:

             (1)        Everest Broadband is not a foreign carrier in any country;

             (2)        Everest Broadband does not control a foreign carrier in any country;.

             (3)        no entity that con ro‘ s, or owns more than 25% of, Everest B roadban|
                        contrc Is iiny ferei zn cairier; and

             (4)        no forsign cartier or co nbinstion of carr er: (ur parties that (ontrol fcreign
                        carrie s) jwn mors t iat: 25% of Everest Broac band.

§ 63.18(k)   Not ; pplicabl : 0 1 accour t of it formation provided pursuan:: to Section 63.18(j).

§ 63.18()    Ever ‘st Broa ba id is not a joreign carr er and is nct affiliated with ;. foreign
             carrior.

§63.18(m)    Not : pplicabl : bscause Everest Broadband is not a foreign carrier at d is not
             affili ited with a ‘oreign carrier

§63.18(n)    Ever:st Broa: ba 1d certif es th:t:

             (1)        it has 10t entered nt> ary agree ments to accert special
                        conce: sic ns direcly or indirect!; from any ‘orsign carrier with respec t to
                        any U S. internati »nill route where the foreij;n carrier posses: es markt
                        powe:t on the fore gn erd of the route; and

             (2)        it will no: enter in :o ainy agreeme2nts refered to in part (1) ab ave in th s
                        future

§63.18(0)    Evercst Broac ba 1d certif es, pirsuant to Sections 1 2001 through 1.::003 of t 1e
             Com nission‘ ; Riles, tha no pirty to tkis applic ition is subject to a lenial of
             Fedeal benefits jursuant to Section 5301 of the Arti—Drug Abuse Act of 1988, 21
             U.S.C. § 853a.

§ 63.18(p)   Everest Broadband requests streamlined processing of this application pursuant to
             Section 63.12 of the Commission‘s Rules. Everest Broadband qualifies for
             streamlined processing because:

             (1)        Everest Broadband is not affiliated with a foreign carrier in a destination
                        market;

             (2)        Everest Broadband has no affiliation with a dominant U.S. carrier; and

             (3)        Everest Broadband seeks authority to provide service as a resale carrier,
                        and therefore does not seek authority to provide switched basic services
                        over private lines.


CONCLUSION

                In conclusion, Everest Broadband certifies that all of the information in this
application is current and correct.

                For these reasons, Everest Broadband respectfully requests that the Commission
grant this application.

Respectfully submitted,

EVEREST /\DBA\/‘NETWORKS
        B

                 ty                   [Jenome—   _
  T‘“er Fritiefl: lleAeoagbent"
                        o
Everest Broadband Networks
One Executive Drive, Suite 170
Fort Lee, New Jersey 07024

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CHICAGO4 110291 1vl   April 12, 2000 (05:18pm)


Sidley & Austin                5/3/ 0G           9:;:19:     PAGE Q02/3            RightFAX



                                     SIDL EY & AUSTIN
                                   A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS



         DaLLtas                                 BAaANK ONE PLAZA                      ‘          Horns Konc
       Los AnNGELESs                          10 S. DEARBORN STREET                                 Lonpox

        NEw York                            CHICAGO, ILLINOIS 60603                                SHANGHA1
    wWasHINGToN, D.C.                        TELEPHONE 312 853 7000                                Sincarors
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                                                   FOUNDED 1866

    WRITER‘S DIRECT NUMBER                                                                 WRITER‘S E—MAIL ADDRESS
        (312) 853—7346                                                                      bmcaleen@sidley .com



                                                   May 2, 2000


    ViA FACSIMILE

    Ms. Fran Eisenstein
    Federal Communications Commission
    International Bureau
    445 12"" St., S.W.
    Washington, D.C. 20554

                       Re:   Everest Broadband Networks Section 214 Applic;ation

    Dear Ms. Eisenstein:

                       Provided below is the additional information requested regarding the
    Section 214 application of Everest Broadband Networks (Everest Broadband) with
    respect to the entities that possess a greater than 10% ownership interest in Everest
    Broadband.

                       1)    Everest Broadband indicated on its Section 214 application that
    Pequot Capital Management, Inc. owns 26.91% of Everest Broadband. Masco Capital,
    an investment company, is the only entity with a greater than 10% ownership interest in
    Pequot Capital Management, Inc. Masco Capital is a wholly owned subsidiary of Masco
    Corporation, a home improvement products company located at 21001 Van Born Road,
    Taylor, MI} 48180.

                       2)    Everest Broadband indicated on its Section 214 application that
    Softbank Technology Ventures V, L.P. owns 17.42% of Everest Broadband. SB
    Sweden AB, an investment company, is the only entity with a greater than 10%
    ownership interest in Softbank Technology Ventures V, L.P. SB Sweden AB is a wholly
    owned subsidiary of Softbank Corporation, a Japanese Internet investment company
    located at 24—1, Nihonbashi—hakozaki—ch Chuo—ku, Tokyo 103, Japan.

                       Neither Masco Corporation nor Softbank Corporation is a
    telecommunications carrier.


viuigy     & Ausolill          o1 3/ UV       giiIy:   PAQGE   003/3      RightFAX



     SIDLEY & AUSTIN                                                                    CHICAG O

     Ms. Fran Eisenstein
     May 2, 2000
     Page 2




                        It is my understanding that upon your receipt of this information, the
     required notice with respect to Everest Broadband‘s Section 214 will be published at the
     next available time.      Please call me if you have any questions or need additional
     information.

                                                       Sincerely yours,



                                                       Brian A. McA¥leenan

     So:       Dale E. Thomas



Document Created: 2019-04-18 01:53:40
Document Modified: 2019-04-18 01:53:40

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