Attachment 20170105143227-730.p

20170105143227-730.p

SUPPLEMENT

Supplement

2000-04-19

This document pretains to ITC-214-20000419-00228 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000041900228_1391221

for 214 Applications g_LS;rgamEne/Nog_.-;streamllne) ILITIES—BASED/RESALE SERVICE S ES—BASED SERVICE C INE RESALE SERVICE 2.( MOBILE ut SPECIAL yelml RESALE __ } s—=fel se 41 ~f5]

apR 199 z00 PA ’\ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of N. Naner! Nee Nes Nes Ne Nss Nan! Nee eVulkan, Inc. d/b/a beMANY! Application for Authority Pursuant to File No. I—T—C—_____ Section 214 of the Communications Act of 1934, as Amended, for Global Authority to Operate as an International Facilities—Based and Resale Carrier APPLICATION Evulkan, Inc. d/b/a beMANY! ("beMANY!"), by the undersigned counsel, hereby requests authority, pursuant to Section 214 of the Communications Act of 1934;, as amended, 47 U.S.C. §214 (1982), and Section 63.18 of the Commission‘s Rules, 47 C.F.R. §63.18 (1996), to provide global international facilities—based and resale services between the United States and international points. beMANY! respectfully requests streamlined, expedited treatment of this application, pursuant to the Commission‘s Report and Order, released March 23, 1999, in CC Docket No. 98—118, 1998 Biennial Regulatory Review —— Review of International Common Carrier Regulations, 14 FCC Red. 4909 (1999), and Section 63.12 of the Commussion‘s Rules, 47 C.F.R. §63.12. Because grant of this Application will further enhance competition in the international services market, beMANY! submits that the public interest, convenience and necessity would be served by a grant of this Application.

INFORMATION REQUIRED BY SECTION 63.18 In support of beMANY!‘s request for Section 214 authority, the'following information is submitted pursuant to Section 63.18 of the Commissicn‘s Rules, 47 C.F.R. §63.18: (a) Name and Address o« Applicant beMANY! On: River Court, Suite 1408 Jersey City, NJ 07310 Telephore: (201) 714—9943 Facsiraile: (201) 714—9943 (b) beMANY! is a corporation organized tnder the laws of the State of Delaware:. (c) Correspondence concerning this application should be sent to: George Jankovic beMANY! One River Court, Suite 1408 Jersey City, NJ 07310 Telephone: (201) 714—9943 Facsimile: (201) 714—9943 with a copy to: Hunter Communications Law Group, P.C. 1620 I Street, N.W., Suite 701 Washington, D.C. 20006 Telephone: (202) 293—2500 Facsimile: (202) 293—2571 Attention: Catherine M. Hannan

(d) beMANY! has not previously received authority under Section 214. Following receipt of the Section 214 authority requested herein, beMANY! will provide international basic switched, private line, data, television and business services by acquiring and operating common carrier and non— common carrier facilities. will also provide international basic switched, private line, data, nd business services by reselling the international services of a .S. common carriers. Pursuant to Section 63.07 of the Comm ‘s, 47 C.F.R. §63.07, and the policies announced by the Commiss sond Report and Order in Policyand Rules Concerning Rates f ive Common Carrier Services and FacilitiesTherefor,‘ beMA orized to operate as a nondominant domestic interstate commo: (e) beMANY! is requesting Se hority to operate as a facilities—based carrier pursuant to the ten litions of Sections 63.18(e)(1) and 63.21, 47 C.F.R.§§63.18(e and to operate as a resale carrier pursuant to the terms and c ©§63.18(e)(2), 47 C.F.R. §63.18. In connection therewith, beM. .. . _ . ._.....es that it will comply with the terms and conditions contained in §§ 63.21, 63.22 and 63.23 of the Commuission‘s Rules. I 91 F.C.C.2d 187 (1982), recon. denied, 93 F.C.C.2d 54 (1983), Third Report and Order, 48 Fed. Reg. 46,791 (1983), Fourth Report and Order, 95 F.C.C.2d 554 (1983), rev‘d and remanded sub nom., American Tel. & Tel. v. FCC, 978 F.2d 7272 (D.C.Cir. 1992), cert. denied, S.Ct. Docket # 92— 1684,61 U.S.L.W. 3853 (June 21, 1993), Fifth Report and Order, 98 F.C.C.2d 1191 (1984), Sixth Report and Order, 99 F.C.C.2d 1020 (1985), rev‘d and remanded sub nom., MCI Telecommunications Corp. v. FCC, 765 F.2d 1186 (D.C.Cir. 1985). —~3§ —

(£) Applicant is applying for both global facilities—based and global resale authority. (g) Not applicable. (b) Ownership information regarding holders of ten percent (10%) or greater interests in beMAN‘Z! is . ittached hersto as Exhibit A. »1eMA 1as nC interlocking director ites w ith any fore: gn carrier. ) beMANY! certifies that it s not, and is not aifiliated witt , a fol arrier G) beMANY! certifiee that it does rmot seek to provide | tiona. telecommunications servic 2s to :ny destination country in whi it is & foreign carrier, (2) :t con rols ;. foreign carrier 1i that couni ) it is controlled or more than 25% owned 3y an entity that :sontrc reigt carrier in that countm, or (+ ) it is »wnec, in th: aggr sgate, more: 5% by two or more foreign carrie ‘s (or partie:; that contro . forei zn cat whick are parties to, or th: bene ficiar es of, a cortractual relition ( i joini venture or market alliance) affectirg the provision or m ag o1 international basic telecorm munication:: services in the Uiited & (k) Not applicable. (1) Not applicable. (m) Not applicable.

(n) beMANY! certifies that it has not agreed to acc‘ept special concessions directly or indirestly from any foreign carrier with respect to any U.S. international route whet : the foreign carrier possesses market power on the foreign end of the :oute : ind will not enter into such agreements in the future. (0) In accordance wit 1 the . inti—Drug Abuse Act of 1988, see 21 U.S.C. §853a, the certification 0| beM.«NY! is attached hereto in Exhibit B. See 47 C.F.R. §1.2001, et seq. (P) This application q 1alifics for : treamlined processing pursuant to § 63.12 of the Commission‘s Rule ; because Applicant is neither a foreign cartier nor affiliated with s foreign carrier and accordingly, is presumptively nondominant undr § 6: .10(a(1). 1 L. Public I itercst Statement The public interest, con enier ce and necessity will be sarved 3y a grant of tkis Ap »lication. Clear Commiss: on po icies javor competition in generzl® and intern ational competition in particular.® The Comm ssion has long recognized that faciliti ss—based and > Resale and Shared Use of Common Carrier Services, 60 F.C.C.2d 261 (1976), recon. 62 F.C.C.2d 588 (1977), affd sub nom. American Tel. & Tel. Co. v. FCC, 572 F.2d 17 (2d Cir.), cert. denied, 439 U.S. 875 (1978); Resale and Shared Use of Common Carrier Services, 83 F.C.C.2d 167 (1980), recon. 86 F.C.C.2d 820 (1981). > Regulation of International Accounting Rates, Phase II, 7 FCC Red. 559 (1990). Bs

resold telecommunications services generate additional competition in the international te! ommunications marketplace and that such increased competition benefits U.S. rai ayers.* The Commission has held that authority to provide these services will serve the pu_ c interest by aiding the "efficient and rapid provision of international servic_es."5 It is fo. his reason that the Commussion routinely grants applications for Section 214 au orization to provide facilities—based and resold international services. Indeed, in fw srance ofits international pro—competitive goals, the Commussion has streamlined the ap cation process for unopposed applications for Section 214 resale authority.© Grant of thi wpplication is consistent with the Commuission‘s ongoing efforts to increase competition in : international telecommunications marketplace. II. CONCLUSION j By reason of the foregoing, beMANY! submits that the public interest, co. :nience and necessity would be served by grant of this Application for authority, pu ant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. C Via USA, Ltd. and Telegroup, Inc., FCC 94—86, File Nos. I—F—C—93—031 & I—T—C—93—050 (May 11, 1994), recon., 10 FCC Red. 9540, released June 15, 1995. 8 Direct Net Telecommunications Application for Authorization Pursuant to Section 214 of the Communications Act of 1934, as Amended, to Provide Facilities—Based and Resold Switched and Private Line Services Between the united States and All International Points ("Order, Authorization and Certificate"), ITC—97—094, DA 97—938 (released May 6, 1997). 7 See 47 C.F.R. § 63.12.

§214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. §63.18, to provide global | facilities—based and resale services between the United States and international points. Respectfully submitted, eVulkan, Inc. d/b/a beMANY! Catherine M. Hannan Hunter Communications Law Group, P.C. 1620 I Street, N.W., Suite 701 Washington, D.C. 20006 (202) 293—2500 April 19, 2000 Its Attorneys

EXHIBIT A Ownership Information of eVulkan, Inc. d/b/a beMANY!

Holders of Ten Percent or Greater Ownership Interests in eVulkan, Inc. d/b/a beMANY! Ownership Interest Name: George Jankovic 100% Common Stock Address: One River Court, Suite 1408 Jersey City, NJ 07310 Citifjcenship: USA Principal j ;. _____ z ~Telecommunications BuSIHCSS —10 —

EXHIBIT B Drug Certification and Verification of eVulkan, Inc. d/b/a beMANY!

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 SECTION 1.2001 CERTIFICAIION On behalf of eVulkan, Inc., d/b/a beMANY! and in ace »rdance witl: Section 1.2001 — 1.2003 of the Commussion‘s Rules, 47 C.F.R. §§ 1.20( ;1 — 1.2003, I hereby certify that neither @Vulkan, Inc., d/b/a beMANY!, Inc., nor an y party to this appicaticn is subject to a denicl of Federal benefits taat includes Federal C ommunicat ons Commission benefits pursuant to Section 5301 of the Anti—Druz Abuse Ac:of 1988. Sze 21 U.S.C. § 5539. eVulkan, Inc.. d/b/a beMAN¥! By: w * //\W\&Q¥ George Iankovit President and Chief Executive Officer Date: 4 "O( 90

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 STATE OF PENNSYLVANIA ) ) ss. COUNTY OF BUCKS ) VERIFICATION I, George Jankovic, President and Chief Executive Officer of eVulkan, Inc., d/b/a beMANY!, am authorized to make this verification on behalf ofthe corporation. The statements made in the foregoing document are true, complete, and correct to the best of my knowledge and are made in good faith. eVulkan, Inc., d/b/a beMANY! s Apuf Jb Gemlge Jankovic V President and Chief Executive Officer ’\“J\” Subscribed and sworn to before me, in and for the State and County named above this \C day of APtHL , 2000. Lo /?/Qotélvaublic My Commission expires NOTaRy KAMINI ManHag PUBLIC My 8 2 OF NEw jereey Expires June 15, 20 04


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Document Modified: 2019-04-18 21:18:24
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