Attachment 20161215143355-460.p

20161215143355-460.p

SUPPLEMENT

Supplement

2000-08-24

This document pretains to ITC-214-20000821-00499 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000082100499_1382470


PaAUL, HASTINGS, JANOFSKY & WALKER LLP COI' ' A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 600 PEACHTREE ST., N.E., STE. 2400 1299 PENNSYLVANIA AVENUE, N.W. ,,,«\(3\.’\_ 399 PARK AVENUE ATLANTA, GEORGIA 30308—2222 & «_/\ new york, new york icorz—4697 TELEPHONE (404) 8i5—2400 wWASHINGTON, D.C. 20004—2400 [ ifre£ o++ TELEPHONE (212) 318—6000 4 * 695 TOWN CENTER DRIVE TELEPHONE (202) sO8—9500 345 CALIFORNIA STREET CostA MESA, CALIFORNIA 92626—1924 SAN FRANCISCO, CALIFORNIA O4104—2635 TELEPHONE (714) 6e8—6200 FACsSIMILE (202) s50O8—9700 TELEPHONE (415) 835—1600 INTERNET www.phjw.com TOwER 42 1055 WASHINGTON BOULEVARD 25 OLD BROAD STREET sc STAMFORD, CONNECTICUT O6901—2217 LONDON EC2N IHQ nosiht is nastinus deio—isge! TELEPHONE (203) 961—7400 TELEPHONE 44 (171) §62—4000 counset LEE G. PAUL ARK MORI BUILDING 555 SOUTH FLOWER STREET LEONARD s. Janorsky ® AKkASARA |—CHOME —cH CHARLES M. WALKER lelss LOS ANGELES, CALIFORNIA ©0071—2371 MINATO—KU, TOKYO 107, JAPAN TELEPHONE (213) 683—6000 TELEPHONE (03) 3586—4711 August 21, 2000 wWRITER‘s DIRECT Access OUR FILE NO. (202) 508—9520 32887.00001 klcalderazzi@phjw.com R‘E‘CIEI VED BY MESSENGER AUE 2 4 >o0p Federal Communications Commission Te/@CO & m D: e International Bureau — Telecommunications Interrlationg| P. 0. Box 35§ 115 Pittsburgh, PA 15251—5115 Re: Application of Phoenix Communication, Inc. for Authority Pursuant to Section 214 of the Communications Act of 1934, as amended, for Global Facilities—Based and Global Resale Authority Dear Sir or Madame: We represent Phoenix Communication, Inc. ("Phoenix"), which requests authority pursuant to Section 214 of the Communications Act, 47 U.S.C. § 214, and Section 63.18 ofthe Commission‘s Rules, 47 C.F.R. § 63.18, for global facilities—based and global resale authority to provide international telecommunications services. On behalf of Phoenix, we respectfully submit herewith for filing with the Commission one original and six (6) copies of an application pursuant to Section 214 and the Commission‘s Rules. In addition, Phoenix requests streamlined treatment of this application pursuant to 47 C.F.R. § 63.12. A completed FCC Form 159 ("Remittance Advice") is also enclosed. On behalf of Phoenix, there is also enclosed with this letter a check made payable to the order of the Commission in the amount of Seven Hundred Eighty Dollars and No Cents ($780.00). The check constitutes payment in full of the processing fee for the application herewith submitted for filing. WDC/155491.1

PaAuL. HASTINGS, JANOFSKY & WALKER LLP Federal Communications Commission August 21, 2000 Page 2 Please date stamp the extra copy of this application as having been received by the Commission‘s application processing fee payment facility at the Mellon Bank in Pittsburgh, Pennsylvania as of the date of such receipt, and return the date— stamped "File Copy" of this letter to our messenger. In the event that the Commission or its staff should have any questions concermng the application herewith submitted for filing, kindly refer them to Phoenix‘s undersigned counsel. Very truly yours, AhrrsoPOlious Kathrine L. Calderazzi for PAUL, HASTINGS, JANOFSKY & WALKER LLP Enclosures WDC/155491.1

READ INSTRUCTIONS CAREFULLY APPROVED BY OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION SPECIAL USE REMITTANCE ADVICE FCC USE ONLY PAGE NO. _1‘__ OF ____1 ()rocksox# 358115 | SECTION A — PAYER INFORMATION | (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card) (3) TOTAL AMOUNT PAID (dollars and cents) Paul, Hastings, Janofsky & Walker LLP s 780.00 (4) STREET ADDRESS LINE NO. 1 1299 Pennsylvania Avenue, N.W. (5) STREET ADDRESS LINE NO. 2 Tenth Floor (6) CITY (7) STATE (8) ZIP CODE Washington DC 20004—2400 (9) DAYTIME TELEPHONE NUMBER (Include area code) (10) COUNTRY CODE:(if not in U.S.A.) (202)508—9572 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) | SECTION B — APPLICANT INFORMATION BE (11) APPLICANT NAME (if paying by credit card, enter name exactly as it appears on your card) l Phoenix Communication,Inc. (12) STREET ADDRESS LINE NO. 1 AUG 2 4 Waechtersbacher Strasse 83 ‘ 000 (13) STREET ADDRESS LINE No. 2 "re,ecOm 5; Internas; ‘ViSsion (14) ciy (i5) SAte Tfi")az‘mueu,eau Frankfurt am Main 60386 (17) DAYTIME TELEPHONE NUMBER (include area code) (18) COUNTRY CODE (if not in U.S.A.) +49 (0) 69 4 20 94 100 DE COMPLETE SECTION C FOR EACHSERVICE, IF MORE BOXES ARE NEEDED, USE CGONTINUATION SHEETS (FORM 159—C) | SECTION C — PAYMENT INFORMATION | (19A) FCC CALL SIGN/OTHER ID (20A) PAYMENT TYPE CODE (PTC) (21A) QUANTITY (22A) FEE DUE FOR (PTC) IN BLOCK 20A FCC USE ONLY |C__|U__| T 1 |s 780.00 (23A) FCC CODE 1 (24A) FCC CODE 2 (198B) FCC CALL SIGN/OTHER ID (20B) PAYMENT TYPE CODE (PTC) (21B) QUANTITY (22B) FEE DUE FOR (PTC) IN BLOCK 20B FCC USE ONLY | | | s (23B) FCC CODE 1 (24B) FCC CODE 2 (19C) FCC CALL SIGN/OTHER ID (20C) PAYMENT TYPE CODE (PTC) (21C)QUANTITY (22C) FEE DUE FOR (PTC) IN BLOCK 20C FCC USE ONLY | | | s (23C) FCC CODE 1 (24C) FCC CODE 2 (19D) FCC CALL SIGN/OTHER ID (20D) PAYMENT TYPE CODE (PTC) (21D)QUANTITY (22D) FEE DUE FOR (PTC) IN BLOCK 20D FCC USE ONLY | | | s (23D) FCC CODE 1 (24D) FCC CODE 2 SECTION D — TAXPAYER INFORMATION (REQUIRED) (25) (26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN B—11 IS DIFFERENT FROM PAYER NAME IN A—2) PAYER TIN 0|o |s |2 |2 |o |9 |6 |7 s APPLICANT TIN |0|rlrEin[plt1 Inla SECTION E — CERTIFICATION I (27) CERTIFICATION STATEMENT 1, Kathrine L. Calderazzi , Certify under penalty of perjury that the foregoing:;?su&ortézz/information (PRINT NAME) l & are true and correct to the best of my knowledge, infomation and belief. SIGNATUR 8 = (d Mb( SECTION F — CREDIT CARD PAYMENT INFORMATION _| e (28) MASTERCARDNISA ACCOUNT NUMBER: EXPIRATION DATE: MASTERCARD ' MONTH YEAR viga I hereby authorize the FCC to charge my VISA or MASTERCARD AUTHORIZED SIGNATURE DaTE for the service(s)/authorization(s) herein described. > SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of No No Nt Ne Nt Nt N) N) Nt N/ PHOENIX COMMUNICATION, INC. File No. ITC—214— Sureg, Application for Authority & Under Section 214 of the Communications Act, as amended, for Global Facilities—Based and Global Resale Authority APPLICATION PHOENIX COMMUNICATION, INC., ("PHOENIX") hereby requests authority pursuant to Section 214 of the Communications Act of 1934, as amended (the "Communications Act"), 47 U.S.C. § 214, and Section 63.18 of the Commission‘s Rules, 47 C.F.R. § 63.18, for global facilities—based and global resale authority. PHOENIX is a new entrant in the U.S. telecommunications business and intends to provide various international telecommunications services. PHOENIX requests streamlined treatment of this application pursuant to 47 C.F.R. § 63.12 because PHOENIX is not affiliated with any dominant foreign carriers. By granting this application, the Commission will serve the public interest, convenience and necessity by promoting competition in the international services market.

Section 63.18 Information In support of PHOENIX‘s application, it submits the following information pursuant to Section 63.18 of the Commission‘s Rules: (a) Name, address and telephone number of Applicant: PHOENIX COMMUNICATION, INC. Waechtersbacher Strasse 83 D—60386 Frankfurt am Main Germany +49 (0) 69 4 20 94 100 (telephone) (b) PHOENIXis a corporation organized under the laws of the state of New York. (c) Correspondence concerning this application should besent to: PHOENIX COMMUNICATION, INC. Waechtersbacher Strasse 83 D—60386 Frankfurt am Main Germany Attention: Joachim Piper, President +49 (0) 69 4 20 94 100 (telephone) with a copy to: Paul, Hastings, Janofsky & Walker LLP 1299 Pennsylvania Avenue, NW 10th Floor Washington, D.C. 20004 Attention: Michelle W. Cohen, Esq. (202) 508—9530 (telephone) (202) 508—9700 (facsimile)

(d) PHOENIX has not previously applied for nor been granted authority under Section 214 of the Communications Act. (e)(i) PHOENIX is requesting global Section 214 authority to operate as a facilities—based carrier pursuant to the terms and conditions of Section 63.18(e)(1) of the Commission‘s Rules. There are no countries for which the applicant does not request authorization. PHOENIX certifies that it will comply with the conditions contained in Sections 63.21 and 63.22 of the Commuission‘s Rules. (i1i) PHOENIXis also requesting global Section 214 authority to resell the international services of authorized U.S. common carriers pursuant to the terms and conditions of Section 63.18(e)(2) of the Commission‘s Rules. There are no countries for which the applicant does not request authorization. PHOENIX certifies that it will comply with the conditions contained in Sections 63.21 and 63.23 of the Commission‘s Rules. (£) As set forth above, applicant is applying for global authority under Sections 63.18(e)(1) and 63.18(e)(2) of the Commuission‘s Rules. (g) Not applicable. (h) The name, address, citizenship, and principal businesses of PHOENIX‘s ten percent or greater direct and indirect shareholders or other equity holders, and the percentage of equity owned by each shareholder are as follows:

Name: Joachim Piper Address: Waechtersbacher Strasse 83, D—60386, Frankfurt am Main Citizenship: German Principal Business: Telecommunications Percentage Equity: 100% There are no interlocking directorates with foreign carriers. (i) By this certification, PHOENIX certifies that it is affiliated with the following non—dominant foreign carrier: Phoenix Communication AG, Waechtersbacher Strasse 83, D— 60386, Frankfurt am Main, Germany. (j) PHOENIX seeks to provide international telecommunications services to the following destination in which PHOENIX is affiliated with a foreign carrier: Germany. (k) The named foreign country in paragraph (j) above, is a Member of the World Trade Organization. In addition, the applicant‘s affiliated foreign carrier lacks market powerin the named foreign country. (1) PHOENIX may resell the international switched services of unaffiliated U.S. carriers for the purpose of providing international telecommunications services to Germany, where it is affiliated with a non—dominant foreign carrier. However, pursuant to Section 63.10(a)(3) of the Commission‘s Rules, the affiliated foreign carrier is not a monopoly provider of communications services in the relevant market in the destination country.

(m) PHOENIX seeks to be classified as non—dominant on all routes, as it is affiliated with a non—dominant foreign carrier and meets the standard set forth in Section 63.10(a)(3) of the Commuission‘s Rules. | (n) PHOENIX certifies that it has not agreed to accept special concessions (as defined in Section 63.14(b) of the Commission‘s Rules) directly or indirectly, from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market . power on the foreign end of the route and will not enter into such agreements in the future. (0) Pursuant to Sections 1.2001 through 1.2003 of the Commission‘s Rules, this certifies that no partyto this application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (p) The applicant qualifies for streamlined treatmentof this application pursuant to Section 63.12 in that there are no affiliations with dominant foreign carriers. CONCLUSION The Commission has recognized that increased competition in international markets is beneficial and that those markets will support additional carriers. Additional market entry will promote lower prices, innovative services, increased customer choice, and efficient utilization of telecommunications resources. PHOENIX expects to support these goals through the provision of high—quality, competitive international communications services. A grant of PHOENIX‘s application, therefore, will serve the public interest, convenience and necessity.

Respectfully submitted, PHOENIX COMMUNICATIONS, Inc., e m Rolf SBoper Stepper Title: V :s e ()\-c_c'. of tw—*% Vice President Dated: August _Ié, 2000

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