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_1381294


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


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