Attachment 20161213090338-163.p

20161213090338-163.p

SUPPLEMENT

Supplement

2000-06-07

This document pretains to ITC-214-20000607-00351 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000060700351_1380743


O‘MELVENY & MYERS LLP LOS ANGELES 555 13th Street, N.W. TYSONS CORNER CENTURY CITY Washington, D.C. 20004—1109 HONG KONG 1BMNE TELEPHONE (202) 383—5300 LONDON NEWPORT BEACH FACSIMILE (202) 383—5414 SHANGHAI NEW YORK INTERNET: www.omm.com Tokyo SAN FRANCISCO June 7, 2000 OUR FILE NUMBER 351,960—001 BY HAND DELIVERY wRITER‘S DIRECT DIAL 202—383—5354 Federal Communications Commission y s A is WRITER‘S E—MAIL ADDRESS IB Telecommunications Division (Wosembstagermen P.QO. Box 358115 Pittsburgh, PA 15251—5115 Re: Section 214 Application Dear Sir/Madam: Submitted herewith is an original and five copies of an application requesting section 214 authorization from Hanaro Telecom America, Inc. for global facilities—based authority and global resale authority. A check in the amount of $780.00 is attached to cover the requisite filing fee. Also enclosed is a duplicate copy of the application. Kindly date—stamp the duplicate as received and return it in the envelope provided. Kindly direct any questions regarding this matter to the undersigned. Very truly yours, Todd D. Rosenberg for O‘MELVENY & MYERS LLP Enclosure ce: Dana Frix Hwan Kim Gyu—gn Si DC1:435050.1

APPROVED BY OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE 1 or pace no.__1__ 1 LockBox & 358115 name as appears on your O‘Melveny & LLEP 555 13th Street, NW., Suite 500W STATE Washi D.C. 20004—1109 area code) (202) 383—5300 AP [F MORE ONE APPLICANT, USE name as appears on your Hanaro Telecom America, Inc LINE NO. 1 Kukje Electronics Bldg., 21F 1445—3, Seocho—dong, Seocho—ku city ZIP CODE Seoul 137—728 KR SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE SHEETS C U Lf 4 780.00 AYER TIN 0 |9|5|1|0O|6]|6|5| 9| 7 PLICANT TIN 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 MONTH YEAR hersby authorize the FCC to charge my VISA or MASTERCARD service(e}authorizations(s) herein described.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Hanaro Telecom 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 Carrier Between the United States and All International Points, Except Those on the Commussion‘s Exclusion List APPLICATION Hanaro Telecom America Inc. ("HTA" 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. I. TheApplicant HTA is a corporation organized under the laws of the State of Delaware. While HTA 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, HTA is not affiliated with a carrier classified as "dominant" by the Commission. As described in greater detail below, given that HTA is not a monopoly provider of telecommunications services in a relevant market in a destination country, HTA lacks sufficient market power on the foreign end of any route to affect competition adversely in the U.S. telecommunications market. Accordingly, HTA qualifies for the presumption of non— DC1:431040.1

dominance under Section 63.10(a)(3) of the Commission‘s Rules, 47 C.F.R. § 63.10(a)(3), and therefore this Application is eligible for streamlined processing. II. Public Interest Considerations HTA beli¢ 1at the added competition its entry will bring to the market will benefit the consumers of Uni ates—overseas services. These benefits include competitive pricing and increased availabi f a variety of service options. Therefore, a grant of this Application will further the public interest. III. Information Required by Section 63.18 HTA 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: Hanaro Telecom America Inc. Kukje Electronics Bldg., 21F 1445—3, Seocho—dong, Seocho—ku, Seoul, Korea 137—728 (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: Jae—Dong Jang Chairman of the Board, President and Chief Executive Officer Hanaro Telecom America Inc. Kukje Electronics Bldg., 21F 1445—3, Seocho—dong, Seocho—ku, Seoul, Korea 137—728 DC1:431040.1

(d) HTA has not previously received authority under Section 214 of Act. Upon grant of this Application, HTA 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) HTA requests Section 214 authority to operate as a facilities—based carrier pursuant to Section 63.18(e)(1) of the Commission‘s Rules. HTA requests such authorizationfor all international routes authorized by the Commission. HTA certifies that it will comply with the terms and conditions of Sections 63.21 and 63.22 of the Commission‘s Rules. (2) HTA 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. HTA requests such authorization for all international routes authorized by the Commission. HTA certifies that it will comply with the terms and conditions containedin Section 63.21 and 63.23 of the Commission‘s Rules. 6@ HTA seeks the authority to provide only the services referenced under paragraph (e) of Section 63.18 of the Commission‘s Rules. (g) Given that HTA is not seeking facilities—based authority pursuant to Section 63.18(e)(4) of the Commission‘s Rules, this Section is not applicable. (b) (1) Information regarding HTA‘s 10% or greater direct or indirect shareholders is as follows: Name: Hanaro Telecom, Inc. Address: Kukje Electronics Bldg., 21F 1445—3, Seocho—dong, Seocho—ku, Seoul, Korea 137—728 Percentage Held: 100% Citizenship: Republic of Korea Principal Business: Telecommunications Information regarding Hanaro Telecom, Inc.‘s 10% or greater direct or indirect shareholders is as follows: Name: Dacom Corporation Address: 706—1, Yoksam—dong Kangnam—gu, Seoul, 135—080 Korea DC1:431040.1

Percentage Held: 15.14%! Citizenship: Korea Principal Business: Telecommunications, Information Technologies Name: Samsung Electronics Co. Ltd.2 416 Maetan3—dong Paidal—gu, Suwon, 442—742 Korea Percentage Held: 9.89% Citizenship: Korea Principal Business: Electricity and Electronics Equipment (2) HTA has no interlocking officers or directors to report. (1) HTA certifies that it is not a foreign carrier. HTA is affiliated with Hanaro Telecom, Inc. ("‘Hanaro"), a telecommunicationscarrier licensed in the Republic of Korea and Dacom, a telecommunications carrier licensed in the Republic of Korea. Both Hanaro and Dacom have 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.3 (J) HTA seeks to provide international telecommunications services to all global points, except those points on the Commussion‘s Exclusion List. In particular, HTA seeks authority to provide international telecommunications services to the Republic of Korea, where it is affiliated with Hanaro, a foreign carrier. Specifically, HTA is a wholly—owned subsidiary of Hanaro. (k) HTA makes the following showings: (1) The Republic of Korea is a member of the World Trade Organization (GGWTO”). (2) Hanaro lacks market power in the destination country. As noted above, Hanaro has less than 50 percent of the market share of the international transport 1 Dacom Corporation‘s shareholdings include shares directly held by LG Electronics Inc., LG Telecom Co., Ltd. and LG Information & Communications Co., Ltd. 2 Samsung Electronics Co.‘s shareholdings include shares directly held by Seoul Commtech Co., Ltd. 3 Korea Telecom is the dominant provider of domestic and international services in the Republic of Korea. See Korea Telecom America Application for Authority Under Section 214 of t he Communications Act of 1934, as amended, to Provide Non—Interconnected Private Line Service Between the United States and the Republic of Korea and Resale of Switched Services Between the United States and the Republic of Korea, Application, File No. ITC—98—160. DC1:431040.1

and local access telecommunications markets in Korea, and thus can be classified as non—dominant under the Commission‘s Rules. (1) As noted above, Hanaro 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 Sectic 53.10(a)(3) if the Commission‘s Rules. (m) As described above, HTA and Hanaro presumptively qualify for n lominant treatment for the provision of all international telecommunications rvices. (n) HTA certifies that it has not agreed to accept special concessions c ctly or indirectly from any foreign carrier where the foreign carrier posses ; market power on the foreign end of the route and will not enter into such: sements in the future. (0) HTA certifies, pursuant to Sections 1.2001 through 1.2003 of the ( nmission‘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 irsuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (p) HTA qualifies for streamlined processing pursuant to Section 63.1 )(1)(11) of the Commission‘s Rules because, as set forth abovein Section (1). TA qualifies for a presumption of nondominance under Section 63.10(a)(3) of t Commission‘s Rules. DC1:431040.1

IV. Conclusion For the reasons stated above, Hanaro Telecom 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: _Ztit [ brze Dana Frix, Esq. l 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 Hanaro Telecom America Inc. Dated: June 5, 2000 DC1:431040.1

CERTIFICATION OF APPLICANT On behalf of Hanaro Telecom America Inc. and in accordance with Section 1.2001— 1.2003 of the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, 1 hereby certify 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. See 21 U.S.C. § §853a. I also 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 are made in good faith. To the extent required by the Commission‘s Rules, Hanaro Telecom America Inc. has not agreed to accept any special concessions directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flow between the United States and various international points under the authority granted under Section 214 of the Communications Act of 1934, as amended, and the Commission‘s Rules, and has not agreed to enter into such agreements in the future. Hanaro Telecom America Inc. By: /Qae‘ y2. ,Dcmfi Ofi'w/? Name: Ja;f-}Dong Jang 4 i/ [ Title: Chairman of the Board, President and Chief Executive Officer Date: June 5, 2000 DC1:431040.1


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Document Modified: 2019-04-20 00:59:24
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