Attachment 20161213145246-567.p

20161213145246-567.p

SUPPLEMENT

Supplement

2000-07-25

This document pretains to ITC-214-20000720-00424 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000072000424_1381293



                                    Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                              Washington, D.C. 20554


                                               )            FRC/AMEDIf
In the Matter of                               )            FbEAMELLON          L 202000
                                               )
Eclipse PCS of Indianapolis, LLC               )                                     %
     §                   £                    i                             RECEIVED
                                              )           File No. ITC—
Application for Authority, Pursuant to        )                               JLL. 2 5 2000
Section 214 of the Communications Act          )                             Tel          o
of 1934, as Amended, For Global Resale         )                                   ecom Division
       J                                                                    Internatilonal Bureau
Authority                                      )
                                               )

          APPLICATION FOR AUTHORITY, PURSUANT TO SECTION 214
            OF THE COMMUNICATIONS ACT OF1934, AS AMENDED


         Pursuant to Section 214 of the Communications Act of 1934, as amended,

47 U.S.C. § 214, and Section 63.18(e)(2) of the Rules of the Federal Communications

Commission ("Commission"), 47 C.F.R. § 63.18(e)(2), Eclipse PCS of Indianapolis, LLC

("Applicant‘") hereby requests authority to provide global international resale services

between the contiguous United States, Hawaii, the Commonwealth of Puerto Rico ("Puerto

Rico") and the United States Virgin Islands and all international points.

         In support of this application, Applicant submits the following information.


I.       INTRODUCTION AND DESCRIPTION OF THE APPLICANT


         Applicant is a limited liability company organized under the laws of Delaware and is

an indirect wholly—owned subsidiary of SBC Communications Inc. ("SBC"). Applicant‘s

business consists primarily of the provision of wireless services in the State of Indiana. In

addition, Applicant provides international resale services to its wireless customers.


        SBC, Applicant‘s ultimate parent corporation, has ownership interests in several

foreign carriers. SBC‘s interest in carriers in South Africa, Switzerland, Hungary, Norway,

the Netherlands, Denmark, Germany, Canada, Lithuania and Belgiumrise to the level of a

foreign affiliation under the Commission‘s international section 214 r‘egulawtiofis. iSee 47

C.F.R. § 63.09(e).

IL.    PUBLIC INTEREST CONSIDERATIONS

       Grant of this application will serve the public interest, convenience and necessity by

enabling Applicant to provide international service through the resale of the international

services of authorized U.S. common carriers. Applicant‘s provision of international services

will benefit consumers by increasing competition, lowering prices and increasing the service

options available to the public. For these reasons, Applicant respectfully requests that the

Commuission grant this Application.

III.   OTHER INFORMATION PROVIDED PURSUANT TO SECTION 63.18
       OF THE COMMISSIONS RULES

        Applicant provides the following information in compliance with subsections (a)

 through (p) of Section 63.18 of the Commission‘s Rules, 47 C.F.R. §§ 63.18(a)—(p), and in

 support of Applicant‘s request.


       (a) The name, address and telephone number of Applicant are:

             Eclipse PCS of Indianapolis, LLC
             17330 Preston Road, Suite 100A¥
             Dallas, TX 75252
             (972) 733—2005

       (b) Applicant is a limited liability company organized under the laws of the State of

 Delaware.


        (c) The name, title, address and telephone number of each officer and other contact

 person to whom correspondence concerning this application is to be addressed is as

 follows:

            Eclipse PCS of Indianapolis, LLC
            Carol L. Tacker, Esq.
            17330 Preston Road, Suite 100A
            Dallas, TX 75252

            (972) 733—2005 (voice)
            (972) 733—2021 (facsimile)

       with a copy to

            Philip Horton
            Arnold & Porter
            555 12th Street, N.W.
            Washington, DC 20004

            (202) 942—5787 (voice)
            (202) 942—5999 (facsimile)


       (d) Applicant has not previously received authority under Section 214 of the

Communications Act, as amended, to provide international telecommunications services.

       (e) Applicant is applying for global resale authority under Section 63.18(e)(2) of the

Commission‘s Rules. Applicant requests Section 214 authority to operate as a resale carrier

pursuant to § 63.18(e)(2) and certifies that it will comply with the terms and conditions

contained in §§ 63.21 and 63.23 of the Commission‘s rules.

       (f) No response required.

       (g) Applicant is not seeking facilities—based authority under Section 63.18(e)(4) of

the Commission‘s Rules. Therefore, Section 63.18(g) requires no response from Applicant.

       (h) Applicant is wholly—owned by Ameritech Wireless Communecations, Inc.

("AWCI"), a corporation organized under the laws of the state of Delaware whose address is


17330 Preston Road, Suite 100A, Dallas, TX 75252. AWCI‘s business consists primarily of

the provision of wireless services in the States of Indiana and Ohio. AWCI is wholly owned

by Ameritech Corporation ("Ameritech"), a corporation organized under the laws of the

state of Delaware whose address is 606 S. Wacker Dr., Chicago, IL 60606. Ameritech‘s

principal businesses consist oflocal exchange, wireless anddirectory publishing services

provided by the operating subsidiaries of Ameritech. Ameritech is wholly—owned by SBC, a

corporation organized under the laws of the state of Delaware. SBC‘s principal businesses

consist of local exchange, wireless and directory publishing services provided by the

operating subsidiaries of SBC. No entity beneficially owns more than 10 percent of SBC.

SBC‘s address is as follows:

       SBC Communications Inc.
       175 East Houston Street
       San Antonio, TX 78205

       (i) Applicant herebycertifies that it is affiliated, as that term is defined in

Section 63.09(e) of the Commission‘s Rules, with the following foreign carriers:

           1. Telkom SouthAfrica Ltd.("Telkom S.A.") (South Africa). A consortium
           formed between Telekom Malaysia Berhad and SBC owns 30 percent of Telkom
           S.A. SBC owns 60% of the consortium. Before the acquisition by this
           consortium, Telkom S.A. was a completely state—owned company. Telkom S.A.
           is the incumbent telecommunications carrier in South Africa.

              diAx Holding AG ("diAx") (Switzerland). SBC, through a joint venture, owns
           an indirect 40 percent interest in diAx, a relatively new, full—service Swiss
           telecommunications carrier, with far less than 50 percent market share in the
           international transport and local access markets in Switzerland. In the
           Commission decision approving the merger of SBC and Ameritech,‘ the
           Commission determined that diAx lacks market power in Switzerland, and that




‘ In re Ameritech   Corp. and SBC    Communications Inc., 14 FCC Red. 14,712 (Oct. 8, 1999)
("SBC/Ameritech Order").


            SBC and its subsidiaries are entitled to non—dominant carrier treatment on the
            U.S.—Switzerland route."

            3. MATAVRt(Hungary). MagyarCom, a consortium formed indirectly
            between Ameritech, a wholly—owned subsidiary of SBC, and Deutsche Telekom
            owns approximately 60 percent of MATAV Rt., the incumbent
            telecommunications operator in Hungary. Through its interest in MagyarCom,
            Ameritech, and therefore SBC, holds a non—controlling, 29.8 percent interest in
            MATAV.


            interests in Tele Danmark and Belgacom S.A., Ameritech owns an indirect, non—
            controlling interest in BEN Netherland. BEN Netherland provides GSM 1800
            wireless services in the Netherlands, and hasfar less than a 50 percent market
            share in the international transport and local access markets in the Netherlands.
            In the SBC/Ameritech Order, the Commission held that BEN Netherland does
            not possess market power in the Netherlands, and that SBC subsidiaries are
            entitled to non—dominantregulation on the U.S.—Netherlands route."


            an indirect subsidiary a 41.6 percent, defacto controlling interest in Tele
            Danmark. Tele Danmark is a full service telecommunications carrier in
            Denmark authorized to provide, among other services, local exchange and
            international telecommunications services to the public.

            6. NetCom GSM (‘NetCom*") (Norway). Ameritech owns a 19.6 percent
            interest in NetCom. Tele Danmark owns 20.4 percent of NetCom. Therefore,
            Ameritech has an effective interest of approximately 28.1 percent in NetCom.
            NetCom is a wireless carrier with less than 50 percent market share ofthe local
            access and transport markets in Norway.

            7. Talkline GmbH ("Talkline") (Germany and the Netherlands). Talkline is
            wholly—owned by Tele Danmark. Consequently, Ameritech holds an indirect
            controlling interest in Talkline. Talkline is authorized to provide mobile
            communications services in Germany and resold cellular service in the
            Netherlands. Talkline has far less than a 50 percent market share of the
            international transport and local access markets in Germany and the Netherlands.
            In the SBC/Ameritech Order, the Commission held that Talkline lacks market
            power in Germany and the Netherlands, and that SBC subsidiaries are entitled to




2 Id. at [ 533.
* Id. at 4 537.


             regulation as non—dominant carriers along the U.S.—Germany and U.S.—
             Netherlands routes."

             8. UABMobilios Telekomunikacijos("Bite")(Lithuania). Bite is a wholly—
             owned subsidiary of Tele Danmark. Consequently, Ameritech holds an indirect,
             controlling interest in Bite. Bite is authorized to provide wireless services in
             Lithuania, andhas far less than a 50 percent market share in the international
             transport and local access markets in Lithuania. In the SBC/AmeritechOrder,
             the Commission held that Bite lacks market powerin Lithuania, and that SBC
             subsidiaries are entitled to regulation as non—dominant carriers on the U.S.—
             Lithuania route."

             9. Ameritech CommunicationsInternational,Inc.("CACIT")(Canada). ACI is
             an indirect, wholly owned subsidiary of Ameritech. As a consequence, SBC
             holds a controlling interest in ACII. Last year, ACII receivedauthorization to
             provide international telecommunications servicesin Canada, and therefore
             became a foreign carrier, as that term is definedin Section 63.09(d). ACII has a
             minuscule share of the international transport and local access market in Canada.
             OnJune 30, 1999, Ameritech Communications, Inc. and Ameritech Mobile
             Communications, Inc. (subsidiaries of SBC) notified the Commussion that: (1)
             ACII (a wholly—owned subsidiary of Ameritech Communications, Inc.) had
             becorme a foreign carrier in Canada, (2) ACII lacks market power in Canada, and
             (3) ACI and AMCI therefore are entitled to non—dominant treatment along the
               .S.—Canada route.° The Commission apparently agrees that ACII lacks market
             power in Canada because the Commission has not imposed dominant carrier
             status on ACI and AMCI along the U.S.—Canada route."

             10. EITele Ost ("ETO") (Norway). Tele Danmark owns a 51 percent interest in
             ETO, which provides competitive fixed network, broadband andinternet services
             in Norway. ETO currently serves a minuscule share of the Norwegian market.
             SBC recently notified the Commissionof its affiliation with ETO.°

414.

° Id. at 4| 538.
° Ameritech Communications, Inc. Certification of Status of its Affiliate, Ameritech
Communications International, Inc. as a Forei    arrier in Canada, FCC File Nos. ITC—96—
441, ITC—96—272, ITC—97—298 (filed June 30, 1999); Ameritech Mobile Communications,
Inc. Certification of Status of its Affiliate, Ameritech Communications International, Inc. as
a Foreign     Carrier in   Canada, FCC File No. ITC—96—243 (filed June 30, 1999).
‘ Foreign Participation Order, 12 FCC Red. 23891, $ 161—162 (1997).
8 Southwestern Bell Communications Services, Inc., et. al, Notification of Foreign
Affiliation, FCC File No. FCN—NEW—20000120—00002 (public notice of notification, Report
No. FCN—00014, Feb. 11, 2000).


                Consequently, the Commission has not yet considered whether ETO possesses
                market power in Norway. Nevertheless, as SBC pointed out in its notification,
                due to its low share of the Norwegian market, ETO does not have market power
                and S]93C is entitledto a presumption of non—dominance along the U.S.—Norway
                route.

                11. Belgacom S.A. ("Belgacom") (Belgium). SBC, throughits subsidiary
                Ameritech, indirectly has an affiliation with Belgacom.‘" RBelgacom is the
                incumbent telecommunications carrier in Belgium.




                Applicant hereby certifies that it is not a foreign carrier in any country.

         (j) Pursuant to section 63.18(j) of the Commission‘s rules, 47 C.F.R. § 63.18(j),

Applicant hereby certifies that: (1) it does not seek to provide international

telecommunications services to any destination country in which Applicant is a foreign

carrier or controls a foreign carrier, and (2) no foreign carriers own more than 25 percent of

Applicant. Applicant further certifies that it seeks to serve certain destination countries in

which SBC, an entity which owns greater than 25 percent of Applicant, controls foreign

carriers. These foreign carriers and destination countries are:

         1.        Denmark (Tele Danmark);

        PA         Germany (Talkline);

        3.         Netherlands (Talkline);

        4.         Lithuania (Bite);

        5.         Canada (ACII);

        6.         Norway (ETO)#




° Id. at 4—5.
‘ In The Matter of Southwestern Bell Communications Services, Inc., DA 00—1474 (June
30, 2000) [ 21.


          (k) Pursuant to section 63.18(k) of the Commission‘s rules, for each of the

destination countries listed in subsection (j) of this application, Applicant provides the

following information:

          (1)       Tele Danmark (Denmark). Dem            rk is a member of the World Trade
                    Organization.

          (2)       Talkline (Germany and the Neth         ands). Both Germany andthe Netherlands
                    are members of the World Trade         rganization. Talkline has far less than 50
                    percent market share of the inter      10nal transport and local access markets in
                    Germany and the Netherlands, a         therefore is presumed not to have market
                    power in Germany and the Neth:         inds."" Additionally, as noted above, the
                    Commuissionhas already conclu«         . that Talkline lacks market power in
                    Germany and the Netherlands."

         (3)        Bite (Lithuania). Lithuania is nc       member of the World Trade
                    Organization. However, Bite ha         air less than a 50 percent market share in
                    the international transport and lo     .access markets in Lithuania, and
                    therefore is presummed not to pos:     s market power in any relevant market on
                    the U.S.—Lithuania route."" For t      reason, the Commission has already
                    concluded that Bite lacks suffici       market power to affect competition
                    adversely in the United States.

         (4)        ACIH(Canada). Canada is a me           er of the World Trade Organization. ACII
                    is a nascent carrier with far less i   n 50 percent ofthe international transport
                    and local access markets in Can:       , and therefore is presumed not to possess
                    market power in any relevant m;        »t on the U.S.—Canada route."* In addition,
                    as noted in section (1)(8) of this :   ilication, the Commission apparently
                    already has concluded that ACH         ks market power in Canada.

         (5)        ETO (Norway). Norway is a memuer of the World Trade Organization.
                    ETO is a nascent carrier with a miniscule share of the international transport
                    and local access markets in Norway, and therefore is presumed not to possess
                                                                                     15
                    market power in any relevant market on the U.S.—Norway route.



‘ Foreign Participation Order, 12 FCC Red 23891, 23955—65, [ 150—70 (1997).
 SBC/Ameritech Order, at             537.
} Forei         Participation   Order, 12 FCC Red 23891, 23955—65, [« 150—70 (1997).
4 1d,
15 Id.


        (T) Applicant proposes to resell the international switched services of unaffiliated

U.S. carriers for the purpose of providing global international communications services. In

ten countries — South Africa, Switzerland, Hungary, Norway, the Netherlands, Denmark,

Germany, Canada, Lithuania and Belgium —— Applicant has a foreign affiliation as defined

by Section 63.09(e) of the Commission‘s Rules. Pursuant to Section 63.18(1) of those Rules,

Applicant provides the following information with respect to the foreign carriers with Which

it has an affiliation and as to which it either satisfies Section 63.10(a)(3) of the

Commission‘s Rules orfiles the quarterly traffic reports required by Section 43.61(c) of the

Commission‘s Rules.

        On all international routes Applicant will provide service solely via resale of the

international switched services of an unaffiliated U.S. carrier. Since all of Applicant‘s

foreign affiliated carriers, except Telkom S.A., Tele Danmark, MATAV Rt and Belgacom

lack 50 percent market share in the international transport and the local access markets on

the foreign end ofthe route, Applicant will satisfy Section 63.10(a)(3) ofthe rules for all

international— communications services covered by this application, other thafi those to South

Africa, Denmark, Hungary and Belgium. With respect to those four countries, Applicant

will file the quarterly traffic reports required by Section 43.61(c) of the rules.


        (m) Pursuant to Section 63.18(m) of the Commission‘s Rules, and in accord with the

standards set forth in Section 63.10 of those Rules, Applicant requests that it be treated as

non—dominant for the provision of the international communications services to South

Africa, Switzerland, Hungary, Norway, the Netherlands, Denmark, Germany, Canada,

Lithuania and Belgium, for the following reasons:


1. Applicant would satisfy Section 63.10(a)(4) for the provision of international
communications service to South Africa through the resale of an unaffiliated U.S
facilities—based carriers‘ international switched services.

2. diAx lacks 50 percent market share in the international transport and local
access markets in Switzerland and thus Applicant would satisfy Section
63.10(a)(3) of the Commission‘s Rules for all international communications
services which are covered by this application.

3. Applicant would satisfy Section 63.10(a)(4) for the provision of international
communications service to Hungary through the resale of an unaffiliated U.S.
facilities—basedcarriers‘ international switched services

4. BEN lacks 50 percent market share in the international transport andlocal
access market in the Netherlands and thus Applicant would satisfy Section
63.10(a)(3) of the Commission‘s Rules for all international communications
services which are covered by this application.                   '

5. NetComis a wireless carrier which lacks 50 percent market share in the
international transport and local access market in Norway and thus Applicant
would satisfy Section 63.10(a)(3) of the Commission‘s Rules for all international
communications services which are covered by this application.

6. Applicant would satisfy Section 63.10(a)(4) for the provision of international
communications service to Denmark through the resale ofan unaffiliated U.S.
facilities—basedcarriers‘ international switchedservices.

7. Talkline provides mobile communications services by connecting customers
to different mobile operators‘ networks, and has far below 50 percent ofthe
market share of the international transport and local access markets in Germany
and the Netherlands and thus Applicant would satisfy Section 63.10(a)(3) of the
Commission‘s Rules for all international communications services which are
covered by this application.

8. Bite provides only mobile wireless communications services and lacks 50
percent market share in the international transport and local access markets in
Lithuania and thus Applicant would satisfy Section 63.10(a)(3) of the
Commuission‘s Rules for all international communications services which are
covered by this application.

9. ACII received authorization to provide international telecommunications
services in Canada last year, and therefore became a foreign carrier, as that term
is defined in Section 63.09. ACII has a minuscule share of the international
transport and local access market in Canada and lacks 50 percent market share in
the international transport and local access markets in Canada and thus Applicant




                                   10


           would satisfy Section 63.10(a)(3) of the Commission‘s Rules for all international
           communications services which are covered by this application.

           10. ETO, which provides competitive fixed network, broadband and internet
           services in Norway, has far below 50 percent of the market share of the
           international transport and local access markets in Norway and thus Applicant
           would satisfy Section 63.10(a)(3) of the Commission‘s Rules for all international
           communications services which are covered bythis application.

           11. Applicant would satisfy Section 63.10(a)(4) for the provision of international
           communications service to Belgiumthrough the resale of an unaffiliated U.S.
           facilities—based carriers‘ international switched services.

        (n) Applicant hereby certifies that it has not agreed to accept special concessions

directly or indirectly from any foreign carrier with respect to any U.S. international route

where the foreign carrier possesses market power onthe foreign end of the route and will

not enter into such agreements in the future.


       (0) Applicant is not subject to a denial of Federal benefits pursuant to Section 5301

of the Anti—Drug Abuse Act of 1988. Attached hereto is a certification, 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. § 862), of Applicant.


       (p) Applicant requests streamlined processing of this application. This application

qualifies for streamlined processing pursuant to Section 63.12 of the Commission‘s Rules

because, although Applicant is affiliated with foreign carriers within the meaning of Section

63.09(e) in South Affrica, Switzerland, Hungary, Norway, the Netherlands, Denmark,

Canada, Germany and Belgium, these affiliated destination markets are World Trade

Organization member countries and Applicant qualifies for a presumption of non—dominance

under Section 63.10(a)(4) of the Commission‘s Rules as the international service which is

the subject of this application would be provided solely through the resale of an unaffiliated


                                                11


U.S. facilities—based carrier‘s international switched services (either directly or indirectly

through resale of another U.S. resale carrier‘s international switched services).

        In addition, although Applicant is affiliated with a foreign carrier within the meaning

of Section 63.09(e) in Lithuania, the Commission has previously found that Bite lacks

market power in the destination market.""




 1d. at T 534—538.




                                                12


IV.     CONCLUSION

        In view of the foregoing, Applicant respectfully requests that the Commission

grant this application.


                Respectfully submitted,




               Eclipse PCS of Indianapolis, LLC




               o us ¢&4


                      CERTIFICATION PURSUANT TO
            SECTIONS 1.2001—1.2003 OF THE COMMISSIONS RULES

       Pursuant to Sections 1.2001—1.2003 of the Commission‘s Rules, 47 C.F.R.

§§ 1.2001—1.2003, Eclipse PCS of Indianapolis, LLC hereby certifies that neither it, nor

any of its officers or directors, nor any of the shareholders holding 5 percent or more of

the outstanding stock or shares (voting and/or non—voting) of Eclipse PCS of

Indianapolis, LLC is subject to a denial of federal benefits that include FCC benefits

pursuant to Section 5301 of the Federal Anti—Drug Abuse Act of 1988, 21 U.S.C. § 862.



               Eclipse PCS of Indianapolis, LLC



Document Created: 2019-04-20 15:42:24
Document Modified: 2019-04-20 15:42:24

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