Attachment 20161208152645-820.p

20161208152645-820.p

SUPPLEMENT

Supplement

2000-05-25

This document pretains to ITC-214-20000525-00327 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000052500327_1380625

Categories of Services for 214 Applications i Non—streamline [] _LIMITED/GLOBALRESALESERVICE FACILITIES—BASED SERVICE ED/RESALE SERVICE FACILITIES—BASED SERVICE igle] f ult *AG c m m +5 ut HORITY

APPROVED BY OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE s ONLY PAGE NO. 1) LockBox # 358115 e —~+5 NLOf name as appears on your Paul, Weiss, Rifkind, Wharton & Garrison STREET ADDRESS LINE NO. 1 1615 L. Street, N.W. STREET ADDRESS NO. 2 Suite 1300 City STATE ZIP CODE Washington DC 20036 DAYTIMETELEPHONE NUMBER (Include area code) COUNTRY CODE (if not in U.S.A.) (202) 223—7300 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE: APPLICANT, USE CONTINUATION SHEETS (FORM 159—C name as appears on your NDNT, Inc. STREET ADDRESS LINE NO. 1 4400 MacArthur Blvd. STREET ADDRESS LINE NO. 2 Suite 410 CiTy 5) STATE ZIP CODE Newport Beach CA 92660 DAYTIME TELEPHONE NUMBER (Include area code) COUNTRY CODE (if not (949) 474—1001 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS New Sec. 214 C 1 780.00 1 PAYMENT TYPE CODE PAYMENT CODE AYER TIN 0|113 ]1]6]6]|2]1]|0| 5| LICANT TIN 0|3]|3|0|9|0|9|5]|3]|8 , 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 service(s)fauthorizations(s) herein described.

PAUL. WYEISS. RIFKIND., WYHARTON 8 CGARR1ISON 1285 AvENUE oF THE AMERIcAs NEW YORK, NY 100 19—6064 W A S H 1N G T O N , DC 20036—5 6964 TELEPHONE (212) 373—3000 1615 L STREET, NW EACEIMILE ibos E82—7azo FACSIMILE (212) 757—3990 TELEPHONE (202) 223—7300 62. RUE DU FAUBOURG SAINT—HONORE 75008 PARIS, FRANCE TELEPHONE (33 1) 53 43 14 14 WRITER‘S DIRECT DIAL NUMBER FACSIMILE (33 1) 53 43 00 23 FUKOKU SEIMEI BUILDING (2020 223—7327 2—2, UCHISAIWAICHO 2—CHOME WRITER‘S DIRECT E—MAIL ADDRESS CHIYODA—KU, TOKYO 100—0011, JAPAN TELEPHONE (81—3) 3597—8 10 1 & + FACSIMILE (81—3) 3597—8 120 kmerski@paulweiss.com 2918 CHINA WORLD TOWER i1 NO. 1 JIANGUOMENWAI DAUIE BEWWING, 100004 PEOPLE‘S REPUBLIC OF CHINA TELEPHONE (8e—10) esos—es22 FACSIMILE (ee—10) eso5s—e830 ]\/Iay 2’44‘, 2000 1 ZTH FLOOR, HONG KONG CLUB BUILDING 3A CHATER ROAD, CENTRAL HONG KONG TELEPHONE (852) 2536—9033 FACSIMILE (@52) 2536—90622 VIA BARRY BEST Magalie Roman Salas Secretary Federal Cornmunications Commission The Portals 445 12th Street, S.W., Room TW—B204 Washington, D.C. 20554 Re: NDNT, Inc. Application for Sectio_n 214 Authorization Dear Ms. Salas: On behalf of NDNT, Inc., please find enclosed an original and five copies of the above—captioned application. We have also attached the requisite FCC Form 159 and an application filing fee of $780. Please date—stamp the extra copy of this application and return it in the enclosed self—addressed, stamped envelope. Any questions regarding the enclosed application should be addressed to the undersigned. Respectfully submitted, Kira A. Merski Attorney for NDNT, Inc. Enclosures Doc#: DC1: 104719.1

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Wa ‘hing on, 1.C. 2055 | In thl e Matter cf NDITT, INC. File : To. I— T—C—__— App icaticn pursuani to S ctior 214 of th Con muniations Ac of 1034, is ax snde, for {lobal auth>rity o acc uire ind 0 »erat: U.S com non carrie : and non— :omn on ci rrier facil ties for the prov ision of it terna ional com non carrier serv ice b twee 1 the Unit :d Sti tes and al. pern issib e for ‘ign joints and :o previde such service via resal :. API LIC, TIO N NDN‘ ‘, Inc. ("NDNT‘ or ‘ the C omp:i ny") here by ay plies for auth »rity, pursuant t ) Sec ion i 14 0: the ‘‘omr unic: tions Act of 19 }4, as ame: ided (the "Act"‘, and Sect on 6. .18 cf the Com nissi>n‘s | l:ules and Regulation s (the "Rules"), to: (1) ac juire and c perat : U.S . cor imon carrier and non—comn on carrier facili ies ; revio isly : nd si bseqi ently auth »rizec. by the Commissi m to prov de te econ muni :ations ser ices setween the Un ted States and all permissible foreign poirts, and (2) resell the international services of authorized U.S. common carriers —— excluding the resale of private line services for the provision of international basic switched services to countries that have not been found by the Commission to provide equivalent resale opportunities —— to all international points. In accordance with Section 63.18 of the Rules, the Company submits the following information in support of its application: (a) The applicant is NDNT, Inc. The address of the Company‘s principal place of business is: 4400 MacArthur Blvd., Suite 410, Doc#: DC1:; 104476.2 <aAd 399 °ON 8401 PAF 6FP6 + PZPA SSI3M 7098 PI:9T AB—AZ2Z2~5D

Newport Beach, California 92660. The phone number at that address is (949) 474—1001. (b) NDNT is a California corporation. (c) Correspondence concerning this Application should be directed to: Mr. Dan Gee President and C.E.O. NDNT, Inc. 4400 MacArthur Blvd., Suite 410 Newport Beach, California 92660 (949) 474—1001 With a copy to: Jeffrey H. Olson, Esq. Paul, Weiss, Rifkind, Wharton & Garrison 1615 L Street, N.W., Suite 1300 Washington, D.C. 20036 (202) 223—7300 (d) NDNT has not received authority previously under Section 214 of the Act. NDNT is a wholly—owned subsidiary of DirectNet Telecommunications, a Limited Liability Co. ("DirectNet"). DirectNetis presently authorized under Section 214 of the Act to provide facilities—based and resold switched and private lines services between the United States and all international points." In addition, DirectNet holds Section 214 certificates authorizing DirectNet to resell other carriers‘ public—switched services*‘ and 4 See DirectNet Telecommunications, A Limited Liability Company, File No. ITC—97—094, DA 97—938 (International Bureau, May 6, 1997) ("DirectNet Section 214 Authorization"). # DirectNet received a Section 214 certification to resell international switched telecommunications between the U.S. and various international points on January 23, 1994. See File No. I—T—C—94—053, 1—6917 (Common Carrier Bur., (continued...) Doc#: DC1: 104476.2 £A0Ad 237 *ON 8401 PAFf 6GP6 + PZPAL SSI3M TNYd SI:9T @0225A

to own and operate facilities to provide a full range of internati onal telecom nunication:: services on 50 h a private line an i public—switched basis.:‘ (e€) NDNT rereby reque:ts global Szction 214 authority: (1} to operate is a fuci itics—Dased incernational carrier betveen the Unied States and al. parraissible points, pursuant to the t:rras and conditions cf Section 63.18(e)(1) of the Rules, as well is to :iny and all other provisions of the Rules appicibli: hareto; and 2 (...cont nusd) Jan. 26, 199 4). Under ‘Zile Mo. I—T—C—94—14))—mulLTirectMet received in authorization to estat lis a and operate up to 90 circuits via Infersputnaik r‘or the provision of privite—line servic:s setween the Unitec. Sates iinc. the So‘viet Union and to estat lis 1 and operate up to 60 circuits via Infersputnik r‘or ths provision of publ: c s witched services betvyreen the United Stetes and the Rusiian Federation by assignraeint froin DJirectN=ct Ltc, wwhich had 1eccived such authorization by assignm ent frori Miralite Comnunications, Inc., uncler File Nc. I—T—C—93—119— AL. Nirslit: bad recseived tieve autio1nizsticns urder File No. I—T—C—91—056, estat lis 1 and operate up to 90 circuiis via Infersputnik jor ths provision of privite—line services setween the Unitec Siates :inc. the Soviet Union) and FCC Red 2658 (199;;) (authori:at: on to estat lis 1 ind —c;perate up to 60 circuits via Intersputnik for the provisiuon of public swit:hed services between the United States and the Russian Federation). Under File No. I—T—C—95—132, DirectNet received an authorization to establish and operate three E—1 circuits in the CANUS—1 cable system between the United States and Canada, and a one—half interest in three E—1 circuits in the CANTAT—III Cable System between Canada and Denmark, for the provision of authorized services —— on both a public—switched and private line basis —— between the United States and various points in Europe and Asia. DirectNet Telecommunications, a Limited Liability Company, 10 FCC Red 6560 (1995). Under File No. I—T—C—95—478, DirectNet received an authorization to lease and operate a one—half interest in one E—1 circuit in the HGPT, APC and TPC—4 Cable Systems, for the provision of authorized services —— on both a public— switched and private line basis —— between the United States and the Philippines. DirectNet Telecommunications, a Limited Liability Company, 10 FCC Red 12604 (1995). Doc#: DCI1: 104476.2 39 °ON BLOT tAat 6F6 + PEA SSI9M TNUd SI:9T @2250 LD LCl

(2) to resell international services, between the United States and all permissible points pursuant to the terms and conditions of Section 63.18(e)(2) of the Rules, as well as any and all other provisions of the Rules applicable hereto. The authorization sought in this application will be used to piovide a full range of telccommunications services, including svritched voice and data and private line services, between the Unitsd State: and all permissible foreign points. (£) Not applicable. (g) Not applicabe. (b) NDNT is a vholly—owned subsidiary of: DirectNet Telecommunications, a Litaited Liability C o. 4400 MacAr hur Elvd., Suite 410 Nswport Besch, CA 92660 Nvada Limited Liability Company Piincipal Business: Telecommunications DirectNet Telecommunications, a Liraited Liability Co. is a wholly—owne 1 subsidiary of: DirectNet Telecommunications, Inc. , 4400 MacAr hur Blvd., Suite 410 Newport Beach, CA 92660 Nevada Corporation Principal Business: Telecommunications The 10% or greater direct or indirect equity owners of DirectNet Telecommunications, Inc. are as follows: Sector Capital Fund Limited c/o International Private Equity Services Ltd. P.O. Box 431 13—15 Victoria Road St. Peter Port Guernsey Channel Islands CY1 3 ZD United Kingdom Principal Business: Investments 29% ownership of DirectNet Telecommunications, Inc. Doc#: DC1: 104476.2 5AAd 299 °ON 840T PAFP 6P6 + rZPA SS1I3M 7N¥ ST:9T ADd—Z2Z2~50

Andresen Family Trust Frederick R. Andresen and Betty R. Andresen, Trustees of the Andresen Family Trust dated January 9, 1995 541 Hazel Drive Corona del Mar, CA 92625 Citizenship: USA Principal Business: . tments 15% ownership of D Net Telecommunications, Inc. _ Fourcher Family Tr Fredric J. Fourcher : driana Fourcher, Trustees, Fourcher Family Tr ‘D/T October 29, 1998 507 Larkspur Corona del Mar, CA 125 Citizenship: USA Principal Business: _ tments 20% ownership of D Net Telecommunications, Inc. Telecom Investment p, LLC 25200 La Paz Road, :210 Laguna Hills, CA 9 Citizenship: USA Principal Business: | tments 17% ownership of D Net Telecommunications, Inc. (1) NDNT hereby certifi nder penalty of perjury, that —— with the exception of DirectN ZAO Russian Joint Stock Company ("DirectNet — ZAO"), an entity incorporated in the Russian Federation and fully—owned by DirectNet* —— NDNT has no affiliations with foreign carriers. NDNT has no interlocking directorates with foreign carriers, except those with DirectNet — ZAO. DirectNet — ZAO holds licenses from the Russian Federation permitting it to (1) operate as an "overlay carrier," i.e., to terminate traffic to, and to originate traffic from, licensed *‘DirectNet is in the process of transferring ownership of DirectNet — ZAO to NDNT. Such transfer will not materially affect this application or the proposed operations of NDNT. Doc#: DC1: 104476.2 3004 999 °ON 8401 PALF 6FP6 + rZerA SSI3M 7089J SI:9T AB—~Z2Z2—5A

users on a private—line basis, (2) operate point—to—point data channels, (3) interconnect with the Public—Switched Telephone Network, (4) provide frame relay services, and (5) provide Internet and voice over IP services. The Commission has previously determined that a predecessor companyto DirectNet — ZAO lacks the ability to discriminate against unaffiliated U.S. carriers.* 0) NDNT seeks to provide international telecommunications services to the Russian Federation. NDNTis affiliated with DirectNet — ZAO, a carrier in the Russian Federation. (k) NDNT hereby certifies, under penalty of perjury, that the only foreign carrier with which it is affiliated, DirectNet — ZAO, does | not own or control any telecommunications facilities in any country, including the Russian Federation, the one country in which it holds a license to provide international services. DirectNet — ZAO does not have the ability to discriminate against unaffiliated U.S. international carriers through control of bottleneck services or facilities in the Russian Federation. (1) NDNT hereby certifies, under penalty of perjury, that it has no affiliation with any U.S. carriers —— other than its parent company, DirectNet —— whose facilities—based services it proposes to resell. & See DirectNet Section 214 Authorization, ( 8. The entity that the Commission determined lacked the ability to discriminate against unaffiliated U.S. carriers — — DirectNet Russian Joint Stock Company —— has since changed its name to DirectNet — ZAO Russian Joint Stock Company. As stated above, DirectNet — ZAO Russian Joint Stock Company is NDNT‘s current foreign affiliate. Doc#: DC1: 104476.2 00d 399 °ON 8401 PALF 6F6 + FPZEFA SS1I3M 70¥ 9I:9T 002250

(m) NDNT seeks to operate as a non—dominant U.S. facilities—based and resale international carrier between the United States and the lussian Federation, the only destination country in which NDNT is affiliated with a foreign carrier. Because, as noted above, the Commission has previously determined that DirectNet — ZAO lacks the ability to discriminate against unaffiliated U.S. carriers in the Russian Federation, NDNT should be considered non— dominant. (a) NDNT hereby certifies, under penalty of perjury, that it has not agreed to accept —— nor will it agree to accept —— special concessions directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows between the U.S. and any foreign country that NDNT may serve under the authority granted pursuant to Part 47 of the Rules. (0) Pursuant to Sections 1.2001 through 1.2003 of the Rules, by certification attached hereto, NDNT certifies that no party to this application is subject to a denial of Federal benefits that includes FCC benefits pursuant to section 5301 of the Anti—Drug Abuse Act of 1988. (p) Under Section 63.12 of the Rules, this application is subject to the Commission‘s streamlined processing rules because NDNT is a non—dominant carrier pursuant to Section 63.10 of the Rules, and because the Commission has previously determined that the only foreign carrier with which NDNT is affiliated —— DirectNet — Doc#: DC1: 104476.2 Sadad 999 °ON 8401 FAF 6P6 + rEerA SSI3M T1NYd ST:9T @a—22—/50A

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of 2 a x wi_3 s NDNT, Inc. File No. [—T—C—__—__ 3 5 Application pursuant to Section 214 of the Ne Auon ww un Riust Coouh & ul & Communications Act of 1934, as amended, for global authority to acquire and operate U.S. common carrier and non—common carrier facilities for the provision of international common carrier service between the United States and all permissil>le foreign points and to provide such service via resale. CERTIFICATION OF APPLICA NT I hereby certify, under penalty of perjury, that neith=r the applicant nor any party to this application is subject to a deni;l of l‘ederal benefits that includss [FCC benefits pursuant to section 5301 cof the Anti—Drug Abuse Act of 1988, 21 U.S.C. Section 853a. Executed on this Z7. day of May, 2000. NDNT, INC. By: @ML/ Dan Gee C President and C.E.O. NDNT, Inc. 4400 MacArthur Blyvd., Suite 410 Newport Beach, California 92660 (949) 474—1001 Doc#: DC1: 104476.2 AfIAd 999 °ON BL0T PAF 6FP6 + PZPAL SSI3M TNYd 9TI:9T DD—/Z2Z2~5A


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Document Modified: 2019-05-22 20:41:09
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