Attachment 20170110120031-730.p

20170110120031-730.p

SUPPLEMENT

Supplement

2000-05-09

This document pretains to ITC-214-20000509-00294 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000050900294_1392539

Categories of Services for 214 Applications (Streamline/Non—streamline) o LIMITED/GLOBAL RESALE C LIMITED/GLOBAL FACILI! SE x LIMITED/GLOBAL FACILI! /RE g INDIVIDUAL FACILITIES—BA VICE o INTERCONNECTED PRIVATE L RESALE SERVIC o INMARSAT AND MOBILE SATE E SERVICE o INTERNATIONAL SPECIAL PR . C SWITCHED RESALE SERVICE TRANSFER OF CONTROL L— s o ASSIGNMENT OF LICENSE o PRO FORMA TRANSFER/ASSIGNMENT o SPECIAL TEMPORARY AUTHORITY C SUBMARINE CABLE LANDING LICENSE Description of Application:

C FEC/MELLON May 0 9 2008‘ , GosAEL db YA &A M a #am! O‘MELVENY &MYERS LP LOS ANGELES 555 13tl Street, 1I.V . TYSON‘S CORNER CENTURY CITY Washington, D.C. 2300 f—1109 HONC KONG s TELEPHONI (20::) 3 }3—! 300 LONPON NEWPORT BEACH FACSIMILI: (202) 3{ 3—5 {14 SHANGHAI NEW YORK INTERNET: www om m.. om TOkKyo SAN FRANCISCO May 9, 2000 OUR FILE NUMBER 313,484—001 BY HAND DELIVERY WRITER‘S DIRECT DIAL 202~383—5354 Federal Communications Commission V/RITER‘S E—MAIL ADDRESS IB Telecommunications Division irosenbergG@omm.com P.O. Box 358115 Pittsburgh, PA 15251—5115 Re: Section 214 Application Dear Sir/Madam: Submitted herewith is an original and five cop es of an ap ali sation requesting section 214 authorization from GNG Networks America I 1c. for glot al faciliies—based authority and global resale authority. A check in the amount of $780.00 is actached to c over the rejuisite filing fee. Alseo enclosed is a duplicate copy‘ of the application. Kindly di te—stamyj» th e duplicate as receive and return it in the envelope provided. Kindly direct any questions regarding this mater to the u1 idersigned. Very truly yours , Zocte P baa Todd D. Rosenberg for O‘MELVENY & MYERS LLP Enclosure ce: Dana Frix Hwan Kim Son I. Lee DC1:431980.1

APPROVED BY OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE PAGE NO. 1 OF 1 1) LockBox & 358115 name asit appears on your O‘Melveny & rs, LLP 555 13th Street, NW., Suite 500W Washington G. 20004—1109 (202)383—5300 name as appears on your GNG Networks America Inc. STREET HansolM.com Building 12th Floor 1321—11, Suh—Cho Dong, Suh—Cho Gu CODE Seoul 137—070 SERVICE, AYER TIN o0|9|5|1|0|6|6|5| 9| 7| ICANT TIN i _Todd Rosenberq , Certify under penalty of perjury that the foregoing and supporting information (PRINT NAME) true and correct to the best of my knowledge, infomation and belief. SIGNATURE > hereby authorize the FCC to charge my VISA or MASTERCARD herain described.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 vvvvfizvvvvvvvv In the Matter of GNG Networks America Inc. File No. ITC—214—2000—_____ Application for Global Authority Pursuant to Section 214 of the Communications Act of 1934, as Amended, to Operate as an International Facilities—Based and Resale Carrie Betweenthe United Statesand All International Points, Except Those on the Commission‘s Exclusion List APPLICATION GNG Networks America Inc. ("GNA" or "Applicant‘), by its undersigned counsel, hereby requests global facilities—based authority and global resale authority, under Section 214 of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18, to provide international telecommunications services between the United States and international points. 1. TheApplicant GNA is a corporation organized under the laws of the State of Delaware. While GNA is affiliated, within the meaning of Section 63.09(e) of the Commission‘s Rules, 47 C.F.R. § 63.09(e), with a foreign carrier, GNA is not affiliated with a carrier classified as "dominant" by the Commission. As described in greater detail below, given that GNA is not a monopoly provider of telecommunications services in a relevant market in a destination country, GNA lacks sufficient market power on the foreign end of any route to affect competition adversely in the U.S. telecommunications market. Accordingly, GNA qualifies for the presumption of non— DC1:430366.3

dominance under Section 63.10(a)(3) of the Commuission‘s Rules, 47 C.F.R. § 63.10(a)(3), and therefore this Application is eligible for streamlined processing. II. Public Interest Considerations GNA believes that the added competition its entry will bring to the market will benefit the consumers of United States—overseas services. These benefits include competitive pricing and increased availability ofa variety ofservice options. Therefore, a grant of this Application will further the public interest. III. Information Required by Section 63.18 GNA submits the following information, as required by Section 63.18 ofthe Commission‘s Rules, in support of its request for Section 214 authorization: (a) Name, address and telephone number of Applicant: GNG Networks America Inc. HansolM.com Building 12th Floor 1321—11, Suh—Cho Dong, Suh—Cho Gu, Seoul Korea, 137—070 (b) Applicant is incorporated under the laws of Delaware. (c) Correspondence concerning this Application should be sent to: Dana Frix, Esq. Todd D. Rosenberg, Esq. O‘Melveny & Myers LLP 555 13" Street, N.W. Suite 500 West Washington, DC 20004—1109 (202) 424—7500 (Telephone) (202) 424—7643 (Facsimile) with a copy to: Mr. Myung Hwan Suh Chairman of the Board, President and Chief Executive Officer GNG Networks America Inc. HansolM.com Building 12th Floor 1321—11, Suh—Cho Dong, Suh—Cho Gu, Seoul Korea, 137—070 DC1:430366.3 C 2

(d) GNA has not previously received authority under Section 214 of Act. Upon grant of this Application, GNA will become an authorized non—dominant facilities— based carrier and reseller with global authority, pursuant to Section 214 of the Act and the Commission‘s Rules. (e) (1) GNA requests Section 214 authority to operate as a facilities—based carrier pursuant to Section 63.18(e)(1) of the Commission‘s Rules. GNA requests such authorization for all international routes authorized by the Commission. GNA certifies that it will comply with the terms and conditions of Sections 63.21 and 63.22 of the Commission‘s Rules. (2) GNA 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. GNArequests such authorization for all international routes authorized by the Commission. GNA certifies that it will comply with the terms and conditions contained in Section 63.21 and 63.23 of the Commission‘s Rules. (£) GNA seeks the authority to provide only the services referenced under paragraph (e) of Section 63.18 of the Commussion‘s Rules. (g) Given that GNA is not seeking facilities—based authority pursuant to Section 63.18(e)(4) of the Commission‘s Rules, this Section is not applicable. (h) (1) Information regarding GNA‘s 10% or greater direct or indirect shareholders is as follows: Name: GNG Networks, Inc. Address: GNG Networks, Inc. HansolM.com Building 12th Floor 1321—11, Suh—Cho Dong, Suh—Cho Gu, Seoul Korea, 137—070 Percentage Held: 100% Jurisdiction of Incorporation: Republic of Korea Principal Business: Telecommunications (2) Information regarding GNG Networks, Inc.‘s 10% or greater direct or indirect shareholders is as follows: (a) Name: Network Investors (PAPE II) Ltd DC1:430366.3 3

Address: Lot 2&3, Level 3, Wisma Lazenda, Jalan Kremanjuan PO Box 81479,87024 Wilayah Persekutuan Labuan, East Malaysia Percentage Held: 18.8% Jurisdiction of Incorporation: Malaysia Principal Business: Investments (b) Name: KGRF Korea Investment Co., Ltd. c/o Shearn Skinner Trust Co. Sdn Bhd Lot 2&3, Level 3, Wisma Lazenda, Jalan Kremanjuan PO Box 81479,87024 Wilayah Persekutuan Labuan, East Malaysia Percentage Held: 11.68% Jurisdiction of Incorporation: Malaysia Principal Business: Investments Network Investors (Pape II) Ltd. is, in turn, 100% owned by Prudential Asset Management Asia, Ltd. and KGRF Korea Investment Co., Ltd. is, in turn, 100% owned by H&Q Asia Pacific (H.K.), Ltd. (3) (GNA has no interlocking officers or directors to report. (i) GNA certifies that it is not a foreign carrier. GNA is affiliated with GNG Networks, Inc. ("GNG Networks"), a telecommunications carrier licensed in the Republic of Korea. GNG Networks has less than 50 percent of the market share of the international transport and local access telecommunications markets in Korea, and thus can be classified as non—dominant under the Commission‘s Rules. ) GNA seeks to provide international telecommunications services to all global points, except those points on the Commission‘s Exclusion List. In particular, GNA seeks authority to provide international telecommunications services to the Republic of Korea, where it is affiliated with GNG Networks, a foreign carrier. Specifically, GNA is a wholly—owned subsidiary of GNG Networks. DC1:430366.3 4

(k) GNA makes the following showings: (1) The Republic of Korea is a member of the World Trade Organization ("WTO"). (2) GNG Networks lacks market powerinthe destination country. As noted above, GNG Networks has less than 50 percent of the market share of the international transport and local access telecommunications markets in Korea, and thus can be classified as non—dominant under the Commission‘s Rules. (1) As noted above, GNG Networks has less than 50 percent of the market share of the international transport and local access telecommunications markets in Korea, and thus can be classified as presumptively non—dominant under Section 63.10(a)(3) if the Commuission‘s Rules. (m) As described above, GNA and GNG Networks presumptively qualify for nondominant treatment for the provision of all international telecommunications services. (n) GNA certifies that it has not agreed to accept special concessions directly or indirectly from any foreign carrier where the foreign carrier possesses market power on the foreign end ofthe route and will not enter into such agreements in the future. (0) GNA certifies, pursuant to Sections 1.2001 through 1.2003 of the Commission‘s Rules (implementing the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 3301), that no party to its Application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (P) GNA qualifies for streamlined processing pursuant to Section 63.12(c)(1)(ii) of the Commission‘s Rules because, as set forth above in Section (1), GNA qualifies for a presumption of nondominance under Section 63.10(a)(3) of the Commission‘s Rules. DC1:430366.3

IV. Conclusion For the reasons stated above, GNG Networks America Inc. respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, By: %/ é%, Dana Frix, Esq. —<—— Todd D. Rosenberg, Esq. O‘Melveny & Myers LLP 555 13" Street, N.W. Suite 500 West Washington, DC 20004—1109 (202) 383—5354 (tel) (202) 383—5414 (fax) Counsel for GNG Networks AmericaInc. Dated: May 4 _, 2000 DC1:430366.3

MAY @9 ‘00@ @1:48PM G%G6 TELECOM P.Z CERTIFICATION OF APPLICANT On behalf of GNG Networks America Inc. and in accordance with Section | ;20 )1— .2( 03 of the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, 1 hereby certify that 110 party to his Application is subject to a denial of Federal benefits that includes FCC benefits puw sua it to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853a. I alsc he eby ce tif» that the statements in the foregoing Application for Section 214 authority are trie, :om ple e, a 1d correct to the best of my knowledge and are made in good faith. To the extent required by the Commission‘s Rules, GNG Networks Am ic i In :. h is r ot agreed to accept any special concessions directly or indirectly from any foreign car ier or administration with respect to traffic or revenue flow between the United State: am| va i0 s international points under the authority granted under Section 214 of the Comur uni ‘ations Act of _ 1934, as amended, and the Commission‘s Rules, and has not agreed 10 enter int > su sh agreements in the future. GNG Networks America nc. / By: jfil % l _/ Name: Myung AHwan Suh . Title: Chairman of the Bcard Prosid mt and Chie}‘ Executive Of ce Date: May 7, 2000 DC1:430306.3


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Document Modified: 2019-04-17 21:39:23
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