Attachment 20161215145737-933.p

20161215145737-933.p

SUPPLEMENT

Supplement

2000-08-24

This document pretains to ITC-214-20000821-00501 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000082100501_1382479



                                                                                                                    FCC/MELLON                AUG 2 1 2000
                                                                                                                     APPROVED BY OMB
 BEFORE PROCEEDING                                                     FEDERAL COMMUNICATIONS COMMISSION
                                                                               REMITTANCE ADVICE
                                                                                        PAGE NO.   __ OF
1) LOCKBOX #


                                        name                as   appears on your

Octet Communications, Inc.

clo FondElec Group
333 Ludlow Street

Stamford                                                                                     Connecticut
                                     area                                                                  not

(+1) (203) 326—4570
               4F MC
                                                                 as   appears on your


Octet Group, Inc.
 STREET

c/o FondElec Group
333 Ludlow Street
Stamford                                                                                      Connecticut        06902
                                                                                                           not

(+1) (203) 326—4570




AYER TIN                     0|6]1|5|7]| 5| 4| 4| 5                                                PLICANT TIN


l,_flfluws_____, Certify under penalty of perjury that the                                                                        information
                      (PRINT NAME)

  true and correct to the best of my knowledge, infomation and belief. SIGNATURE




                                                                  T4
           hereby authorize the FCC to charge myVISA or MASTERCARD

                                        herein described.


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




                                                      m tX RL NC 8t Ni Kst Nes Nt
In the Matter of
Octet Coramunications Inc.
Application for Authority Pursuant                                                  File No. LT.C. 00—
to Section 214 of the Coramunications Act
of 1934, as amended, for Global Authority
to Operate as an International
Facilities—Based and Resale Carrier
                                                                                             AUr;
                                                                                                    *4ing
                                                                                             SlecoM Divic;
                                                                                          lntematlona/ g’sloh
I. Application                                                                                           ureay


    Octet Communications, Inc. ("Octet") hereby requests authority, pursuant to Section

214 of the Communications Act of 1934, as amended, 47 U.S.C. Section 214 (1982), and to

Section 63.18 of the Commission‘s Rules, 47 C.F.R. Section 63.18, to provide global

international facilities—based and resale services between the United States and international

points.



    Octet is a Cayman Islands corporation, and a wholly—owned subsidiary of Octet Group,

LLC, a Delaware corporation. Octet Group is controlled 100% by the FondElec Essential

Services Fund, LP., a Cayman Corporation. Octet was organized to provide international

telecommunications services.     Octet intends to serve business customers throughout the

United States.



    By granting this application, the Commission will serve the public interest, convenience

and necessity by promoting competition in the international services market. Competition


will benefit U.S. consumers by increasing service options and lowering prices. Thus, the

public interest will be served by the grant of Section 214 authority to Octet.



II. Section 63.18 Information



   The following information is submitted, as required by Section 63.18 of the

Commission‘s Rules, in support of Octet‘s request for authorization.



    (a) The name, address, and telephone number ofthe applicant are as follows:

         Octet Communications, Inc.
         c/o FondElec Group
         333 Ludlow Street
         Stamford, Ct. 06902 USA
         Tel: (+1) (203) 326—4570


    (b) Octet is a corporation organized under the laws of the Cayman Islands.


    (c) Correspondence concerning this application should be sent to:

         Dennis L. Gundy, President
         or
         Thomas G. Cauchois, Chairman
         Octet Group LLC
         c/o FondElec Group
         333 Ludlow Street
         Stamford, Ct. 06902 USA
         (+1) (203) 326—4570


   and


         Lawrence J. Spiwak, Esq.
         The Pareto Group, Inc.
         5335 Wisconsin Avenue, NW
         Suite 440
         Washington, D.C. 20015
         +1 (202) 274—0217


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

Communications Act.



    (e) Octet requests global facilities—based and resale Section 214 authority pursuant to the

terms and conditions of Section 63.18(e)(1) and (e)(2) of the Commission‘s Rules. Octet

certifies that it will comply with the terms and conditions contained in Sections 63.21, 63.22

and 63.23 of the Commission‘s Rules.



    (f) At this time, Octet seeks no other authorization available under Section 63.18(e).



    (g) Not applicable.



    (b) Pursuant to Section 47 C.F.R. § 63.18(b), the name, address, citizenship and principal

businesses of any person that directly or indirectly owns at least ten percent of the equity of

Octet, and the percentage owned by each of those entities (to the nearest one percent), are as

follows:



   CMS Electric & Gas Company
   320 Town Center Drive, Suite 1100
   Dearborn MI 48126
   Equity Ownership: 37.28%
   Principal Business: Electric utility
   Citizenship: United States
    CMS Electric & Gas Company is a wholly—owned subsidiarty of CMS Enterprises
    Company.    CMS Enterprises Company is a wholly—owned subsidiary of CMS Energy
    Corporation. CMS Enterprises Company and CMS Energy Corporation are also U.S.
    corporations.


    Istituto Nazionale delle Assicurazioni S.p.A (INA)
   Via Sallustiana, 51
   01187 Rome, ITALY
   Equity Ownership: 10.65%
   Principal Business: Insurance
   Citizenship: Italy
   The Chuo Mitsui Trust and Banking Company, Limited (formerly Mitsui Trust
   and Banking Company Limited)
   2—1—1, Nihonbashi—Muromachi
   Equity Ownership: 10.65%
   Chuo—ku, Tokyo Japan 103 8323
   Principal Business: Investment Banking
    Citizenship: Japan

   TPC Capital, Inc.
   c/o Tomen America Inc.
   1285 Avenue of the Americas
   New York NY 10019
   Equity Ownership: 10.65%
   Principal Business: Investment Banking
   Citizenship: TPC Capital, Inc., is a Delaware corporation.           TPC Capital is a 100%
    subsidiary of Tomen Power Corporation, a California corporation. Tomen Power
    Corporation is a 100% subsidiary of Tomen Corporation, a Japanese corporation.

    i) Octet certifies that the only foreign cartier it is affiliated with is Octet Brasil Ltda., a

Brazilian corporation. Octet Brasil Ltda. is currently seeking, but has not yet obtained, a

Specialized Network Service License from Anatel, the Brazilian regulator.



    ) Octet seeks to provide international telecommunications services to Brazil via Octet

Brasil Ltda.   Octet Group, which owns 100% of Octet, also owns 100% of Octet Brasil

Ltda.



    (k) Pursuant to 47 C.F.R. § 63.18(k), Octet points out that Brazil is a Member of the

WTO.       Moreover, Octet Brasil Ltda. is a non—dominant foreign cartiet under the


Commission‘s Rules. Octet Brasil Ltda. is a new entrant in the Brazilian market, and it lacks

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

foreign end of the US—Brazilian route.      In addition, Octet Brasil Ltda. neither owns notr

controls any bottleneck facilities in Brazil. As such, Octet Brasil Ltda. lacks market power in

both the Brazilian destination market and on the Brazilian—U.S. route.



    ()   Octet certifies that it has not agreed and will not agree in the future to accept any


direct or indirect special concessions from a foreign cartier or administration with regards to

traffic or revenue flows between the United States and any foreign countries the company is


authorized to serve.



    (m) Octet certifies that no party to this application has been denied federal benefits

pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988.



III. Request for Streamlined Proce.ssing


    Octet respectfully requests that the Commission streamline the processing of its

application. Octet is not affiliated with a foreign facilities—based carrier who is dominant in a

destination market, and Brazil is a Member State of the WTO.


IV. Conclusion



    In conclusion, Octet certifies that all of the information in this application is accurate

and correct.



   For these reasons, Octet respectfully requests that the Commission grant this application

on a streamlined basis.



   Respectfully submitted,



   Octet Communications, Inc.




   . (DsVGa.
       Thomas G. Cauchois
       Director
       Octet Communications, Inc.
       c/o FondElec Group
       333 Ludlow Street
       Stamford, Ct. 06902 USA
       Tel: 203—326—4570




   Date:       % k}oo



Document Created: 2019-04-25 14:58:37
Document Modified: 2019-04-25 14:58:37

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