Attachment 20170110091749-703.p

20170110091749-703.p

SUPPLEMENT

Supplement

2000-05-03

This document pretains to ITC-214-20000503-00258 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000050300258_1392451


SWIDLER BERLIN SHEREFF FRIEDMAN, LLP COPY 3000 K STREET, NW, SUITE 300 zn AARE WaASHINGTON, DC 20007—5116 FCO/MELLON ME 0 3 2000} TELEPHONE (202) 424—7500 NEW YORK OFFICE FacsimiLe (202) 424—7643 CHRISTOPHER R. Day 919 THIRD AVENUE WWW.SWIDLAW.COM DirECt Diat (202) 424—7865 NEW YORK, NY 10022—9998 CRDAY@SWIDLAW.COM (212) 758—9500 rax (212) 758—9526 May 3, 2000 VIA COURIER Magalie Roman Salas, Secretary Federal Communications Commussion International Bureau, Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251—5115 Re: Application ofPF.Net Network Services Corp. for Global Authority Pursuant to Section 214 ofthe Communications Act of 1934, as amended, to Operate as an International Facilities— Based and Resale Carrier Betweenthe United States andAll AuthorizedInternational Points Dear Ms. Salas: Enclosed for filing with the Commission are an original and six (6) copies of the application of PF.Net Network Services Corp. ("PF.Net") requesting global authority, pursuant to Section 214 of the Communications Act of 1934, as amended, to operate as an international facilities—based and resale carrier between the United States and all authorized international points. Concurrent with this filing, PF.Net is filing an electronic version of this application utilizing The International Bureau Electronic Filing System. 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 and return it in the enclosed self—addressed, stamped envelope. Should you have any questions, please do not hesitate to contact me. Respectfullysubmitted, (24 ' xk *x ut ooommromatne ChristopherKX. Day Counsel for PF.Net Network Services Corp. Enclosures co: George Li (FCC) Breck Blaylock (FCC) 331108.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of PF.Net Network Services Corp. File No. ITC — 214 — 2000 ____ C Application for Authority Pursuant to Section 214 of the Communications Act of 1934, as amended, for Global Authority to Operate as an International Facilities—Based and Resale Carrier Between the United States and Various International Points APPLICATION PF.Net Network Services Corp. ("PF.Net" or "Applicant"), by its undersigned counsel, hereby requests global facilities—based authority and global resale authority, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18, to provide international facilities—based and resale telecommunications services between the United States andinternational points. Applicant requests streamlined processing pursuant to Section 63.12 of the Commission‘s Rules because Section 63.12(c)(1)—(3) of the Commussion‘s Rules do not apply to Applicant. I. Information Required by Section 63.18 PF.Net submits the following information, as required by Section 63.18 of the Commission‘s Rules, in support of its request for Section 214 authorization:

(a) Name, address and telephone number of Applicant: PF.Net Network Services Corp. 1625 B Street Washougal, WA 98671 (360) §35—4700 (Telephone) (360) §35—4799 (Facsimile) (b) Applicant is a corporation organized under the laws of the State of Delaware. (c) Correspondence concerning this application should be sent to: Christopher R. Day SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, NW, Suite 300 Washington, DC 20007—5116 (202) 424—7865 (Telephone) (202) 424—7643 (Facsimile) With a copy to: Philip D. Wright, Esquire Vice President, Legal PF.Net Network Services Corp. 4133 Jasmine Court Wichita, KS 67226 (316) 315—0032 (Telephone) (316) 315—0032 (Facsimile) PF.Net has not previously received authority under Section 214 of the Act. Upon grant of this Application, PF.Net will become an authorized non—dominant facilities— based carrier andreseller with global authority, pursuant to Section 214 of the Act and the Commuission‘s Rules. (e) (1) PF.Net requests Section 214 authority to operate as a facilities—based carrier pursuant to Section 63.18(e)(1) of the Commission‘s Rules. PF.Net requests such authorization for all international routes authorized by the Commission. PF.Net certifies that it will comply with the terms and conditions of Sections 63.21 and 63.22 of the Commission‘s Rules. (2) PF.Net also requests Section 214 authority to resell the international services of authorized U.S. common carriers pursuant to Section 63.18(e)(2) of the Commission‘s Rules. PF.Net requests such authorization for all international routes 2

authorized by the Commission. PF.Net certifies that it will comply with the terms and conditions contained in Section 63.21 and 63.23 of the Commission‘s Rules. (£) PF.Net seeks the authority to provide only the services referenced under paragraph (e) of Section 63.18 of the Commission‘s Rules. (g) PF.Net is not seeking facilities—based authority pursuant to Section 63.18(e)(4) of the Commussion‘s Rules, so this Section is not applicable. (b) The following persons or entities hold a ten percent or greater direct or indirect ownership interest in the Applicant: Name/Address % Held Citizenship Principal Business PF.Net Corp. 100% USA Telecommunications 1625 B Street Washougal, WA 98671 The following persons or entities hold a ten percent or greater, direct or indirect, ownership interest in PF.Net Corp.: Name/Address % Held Citizenship Principal Business PF.Net Communications, Inc. 100% USA Telecommunications 1625 B Street Washougal, WA 98671 The following persons or entities hold a ten percent or greater, direct or indirect, ownership interest in PF.Net Communications, Inc.: Name/Address % Held Citizenship Principal Business PF Telecom Holdings, LLC 32% USA Telecommunications 1625 B Street Washougal, WA 98671 Odyssey Investment Partners 36% USA Investment 280 Park Avenue West Tower, 38" Floor New York, NY 10017 Koch Telecom Ventures, Inc. 32% USA Telecommunications 4111 East 37"" Street North Wichita, KS 67220

The following persons or entities hold a ten percent or greater, direct or indirect, ownership interest in PF Telecom Holdings, LLC: Name/Address % Held Citizenship Principal Business John Warta 51% USA Telecommunications 1625 B Street Washougal, WA 98671 No other persons or entities hold a ten percent or greater, direct or indirect, ownership interest in PF Telecom Holdings, LLC. No persons or entities hold a ten percent or greater, direct or indirect, ownership interest in Odyssey Investment Partners. The following persons or entities hold a ten percent or greater, direct or indirect, ownership interest in Koch Telecom Ventures, Inc. Name/Address % Held Citizenship Principal Business Koch Ventures, Inc. 100% USA Venture Capital 4111 East 37"" Street North Investments Wichita, KS 67220 The following persons or entities hold a ten percent or greater, direct or indirect, ownership interest in Koch Ventures, Inc. Name/Address % Held Citizenship Principal Business Koch Capital Services, Inc. 100% USA Investments 4111 East 37"" Street North Wichita, KS 67220 The following persons or entities hold a ten percent or greater, direct or indirect, ownership interest in Koch Capital Services, Inc.: Name/Address % Held Citizenship Principal Business Koch Industries, Inc. 100% USA Oil and Gas 4111 East 37"" Street North Wichita, KS 67220

The following persons or entities hold a ten percent or greater, direct or indirect, ownership interest in Koch Industries, Inc.: Name/Address % Held Citizenship Principal Business Charles Koch 39.507% USA Oil and Gas 4111 East 37" Street North Wichita, KS 67220 David Koch 39.954% USA Oil and Gas 4111 East 37"" Street North Wichita, KS 67220 Trof, Inc. 14.617% USA Investment 4111 East 37"" Street North Wichita, KS 67220 No other persons or entities hold a ten percent or greater, direct or indirect interest in Koch Industries, Inc. | No other persons or entities hold a ten percent or greater, direct or indirect interest in Trof, Inc. PF.Net does not have any interlocking directorates with a foreign carrier. i) PF.Net certifies that it is not a foreign carrier and that it is not currently affiliated with any foreign carriers. (0) Applicant certifies that it does not seek to provide international telecommunications service to any destination country where: (1) Applicantis a foreign carrier in that country; or (2) Applicant controls a foreign carrier in that country; or (3) Any entity that owns more than 25 percent of Applicant; or that controls Applicant, controls a foreign carrier; or (4) Two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, more than 25 percent of Applicant and are parties to, or the beneficiaries of, a contractual relation affecting the provision or marketing of international basic telecommunications services in the United States. (k) Applicant has not listed any countries in response to paragraph (j). Therefore, the requirements of paragraph (k) do not apply to the Applicant.

(1) For the reasons set forth in paragraph (i), the requirements of paragraph (1) do not apply to the Applicant. (m) For the reasons set forth in paragraph (1), the requirements of paragraph (m) do not apply to the Applicant. (n) PF.Net certifies that it has not agreed, and will not ag in the future, to acc special concessions directly or indirectly from any forei; carrier where the fore carrier possesses market power on the foreign end ofthe mute, and it will not e into such agreements in the future. (0) PF.Net certifies, pursuant to Sections 1.2001 through 1. 03 of the Commissic Rules (implementing the Anti—Drug Abuse Act of 1988, U.S.C. § 3301), that party to its application is subject to a denial of Federal t efits pursuant to Sect 5301 of the Anti—Drug Abuse Act of 1988. (p) PF.Net qualifies for streamlined processing pursuan! ) Section 63.12 of ow Commission‘s Rules. This application qualifies for stre: ined processing beca ww Applicant has no foreign affiliations, has no affiliation v i a dorninant U.S. car onp whose international switched or private line services A licant seeks authorit ow resell, and does not seek authority to provide switched sic services over pri1 ww lines to a country for which the Commussion has not eviously authorized ww provision of such services. IL. Public Interest Considerations By granting this application, the Commuission will serve the publi aterest, convenience, . necessity by promoting competition in the international services marke Competition will ben U.S. consumers by increasing service options and lowering prices. Thu he public interest wil. served by the grant of Section 214 authority to PF.Net.

III. CONCLUSION For the reasons stated above, PF.Net Network Services Corp. respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, D.C. 20007—5116 (202) 945—7500 (Tel.) (202) 424—7643 (Fax) Counsel for PF.Net Network Services Corp. Dated: May 3, 2000

CERTIFICATION OF APPLICANT On behalf of PF.Net Network Services Corp., I hereby certify that the statements in the foregoing Application for Section 214 authority are true, complete, and correct to the best of my knowledge and belief and are made in good faith. PF.Net Network Serviges Corp. By: Name: Philip D. Wright Title: Vice President, Legal Date: May 2, 2000


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Document Modified: 2019-05-22 22:46:43
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