Attachment 20161220085648-717.p

20161220085648-717.p

SUPPLEMENT

Supplement

2000-09-06

This document pretains to ITC-214-20000829-00523 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142000082900523_1382571

Categories of S (Stream O LIMITED/GLOBAL RESALE O LIMITED/GLOBAL FACILIT ED SER O LIMITED/GLOBAL FACILIT ED/RES O INDIVIDUAL FACILITIES— ERVICE 0 INTERCONNECTED PRIVATE ESALE SER @ INMARSAT AND MOBILE SA SERVICE O INTERNATIONAL SPECIAL O SWITCHED RESALE SERVIC O TRANSFER OF CONTROL @ ASSIGNMENT OF LICENSE O PRO FORMA TRANSFER/ASSIGNMENT O SPECIAL TEMPORARY AUTHORITY § SUBMARINE CABLE LANDING LICENSE Description of Application:

READ INSTRUCTIONS CAREFULLY APPROVED BY OMB 3060—0589 BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION e SPECIAL USE REMITTANCE ADVICXE ko § 1imp 9| 0{]0 FCC USE onty (1)Locksox# 358115 FCL}’ME’&@E\.——OF-_AU‘J 2 9 2 ; sf uysyy 45 SECTION A — PAYER INFORMATION | t o test o (2) PAYER NAME (if paying by credlt card, enter name exactly as it appears on your card) (3) TOTAL AMOUNT PAID (dollars and cents) Gardner, Carton & Douglas s 780 .00 (4) STREET ADDRESS LINE NO. 1 1301 K Street, N.W. (5) STREET ADDRESS LINE NO. 2 Suite 900, East Tower (6) City (7) STATE (8) ZIP CODE Washington D.C. 20005 (9) DAYTIME TELEPHONE NUMBER (Include area code) (10) COUNTRY CODE (if not in U.S.A.) (202) 408 7100 _ IF PAYER NAMEAND THE APPL!L.ANT NAME AREDIFFERENT,COMPLETE SECTION 8. it ll-MORETH(AN ONE APPLICANT, USE CONTINUATION SHEETS(FORM 159-0) : es & $ ] SECTION B — APPLICANT INFORMATION l (11)APPLICANTNAME (fpaymg bycredit can:l enter name exactly as it appears on your card) Powernet Telcom, ple .—.r(‘.F\\’ED (12) STREET ADDRESS LINE NO. 1 \—\LV U World Trade Center L Asan (13) STREET ADDRESS LINE NO. 2 p Q 6 LVYY Exchange Quay St. (14) CY (15) STATE (16) ZIP CODE \'T\ DV\§\U“ Manchester MS _3ETe\eC0"_ygurea® (17) DAYTIME TELEPHONE NUMBER (Include area code) (18) COUNTRY CODE(if not in U.S.A.) infel! auo 011 42 8000 35888 United Kingdom COMPLETE SECTIONCFOR EACH SERVICE,IF MORE BOXES ARENE'EDED, USE CON'!lNlUA’\l'ICDN SHE ETS (FORM 15'9-C) e] es | SECTION C — PAYMENT INFORMATION | es ns . 559A (19A) FCC CALL SIGN/OTHER ID (20A) _PAYMENT TYPE CODE: (PTC) (21A) QUANTITY (22A) FEE DUE FOR (PTC) IN BLOCK 20AF(?C USE-ONLY |[°c | U | T s 780.00 M s (23A) FCC CODE 1 (24A) FCC CODE 2 (19B) FCC CALL SIGN/OTHER ID (20B) PAYMENTTYPT CODE: (PTC) (21B) QUANTITY (22B) FEE DUE FOR (PTC) IN BLOCK 20B F_cc,usr_s' _o‘NLYA w | } $ smiaaranee (23B) FCC CODE 1 (24B) FCC CODE 2 (19€) FCC CALL SIGN/OTHER ID (20C) PAYMENT TYPE CODE (PTC) (21c)quanmty (220) FeE pueFoR(PTC)iNBLock2oc |rceusEonty _ (23C) FCC CODE 1 (24C) FCC CODE 2 (19D) FCC CALL SIGN/OTHER ID (20D) PAYMENT TYPE CODE (PTC) (21D)QuaNmty (220) FEEDUEFOR(PTC)iINBLOck2oD |FecusEonty _ _ (23D) FCC CODE 1 (24D) FCC CODE 2 . _ SECTIOND—TAXPAYER INFORMATlON (REQUIRED) se (25) 4 (26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN B—11 IS DIFFERENT FROM PAYER Nave INA-Z) PAYER TIN 0|3 6| 1 |1 |1 7| s 4 o |__| APPLICANT TIN |0 SECTION E — CERTIFICATION [& on esmorsntnen" I, , Certify under penalty of perjury that the foregoing and supporting information (PRINT NAME) are true and correct to the best of my knowledge, infomation and belief. _SIGNATURE n oac $ § ns SECTION F — CREDIT CARD PAYMENT INFORMATION | ons (28) * MaASTERCARDNISA ACCOUNT NUMBER_ EXPIRATION DATE: MASTERCARD MONTH YEAR VigA I hereby authorize the FCC to charge myVISA or MASTERCARD AUTHORIEED SIGNATIURE pate for the service(s)/authorization(s) herein described. > SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

GARDNER, CARTON & DOUGLAsS 1301 K STREET, N.W. sUITE 900, EAST TOWER WRITER‘S DIRECT DIAL NUMBER wWASHINGTON, Dp.C. 20005 CHICAGO, ILLINOIS Francis E. Fletcher, Jr. (202) 408—7100 (202)408—7111 + 2 — ffletcher@ged.com Fax: tzo2) zep— 1904 INTERNET: gedlawdc@ged.com August 29, 2000 VIA COURIER Federal Communications Commission Mass Media Bureau P.O. Box 358115 Pittsburgh, Pennsylvania 15251—5115 Ladies and Gentlemen: Transmitted herewith, on behalf of Powernet Telecom, ple are an original and five copies of an application under Section 214 of the Communications Act of 1934, as amended, for authority to provide international facilities—based and resale telecommunications services between the United States and international points. This application is eligible for streamlined processing pursuant to Section 63.12(c)(1)(ii) of the Commission‘s Rules. Also enclosed are FCC Form 159 and a check made payable to the Federal Communications Commission in the amount of $780.00 to cover the filing fee for this application. Should any questions arise in connection with this application, kindly contact the undersigned. Sincerely, M %3% Francis E. Fletcher, Jr. FEF/eaf Enclosures 82875—1 DCO1/342442.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) P\ECE\\” zD ) y ( POWERNET TELECOM PLC ) sep 0 g 1008 . °e ) OMEL. Application for Authority Pursuant to Section 214 T‘e\eco{\ona\ gured. ) of the Communications Act of 1934 and Sections ) \nten? 63.18(e)(1), (2) and (4) of the Commission‘s Rules ) to Provide Global Facilities— Based and Resale, ) File No. I—T—C—__— Switched, Private Line, Voice, Data, Video And ) Internet Transmission Services Between The United ) States and Various International Points ) STREAMLINED SECTION 214 APPLICATION Powernet Telecom, plc ("Applicant") hereby requests authority under Section 214 of the Communications Act of 1934, as amended (the "Act"), to provide switched, private line, voice, data, video, and Internet transmission services between the Unite‘d States and all international points, operating: (i) as a facilities—based carrier pursuant to the terms and conditions of Section 63.18(e)(1) of the Commission‘s Rules; and/or (ii) as a reseller pursuant to the terms and conditions of Section 63.18(e)(2). This application also requests authority pursuant to Section 63.18(e)(4) for Applicant to provide service as a non—dominant carrier between the United States and the United Kingdom. The following information is provided in response to the corresponding subsections of Section 63.18: (a) Name, address and telephone number: Powernet Telecom ple World Trade Centre Exchange Quay Manchester MS 3EJ

United Kingdom 011 42 8000 35888 (b) Powernet Telecom plc is a public company organized under the Companies Act of 1985 of the United Kingdom. (c) Correspondence should be directed to: Derek J. Abbass Head of Global Infrastructure Services Powernet Telecom plc World Trade Centre Exchange Quay Manchester MS 3EJ United Kingdom With a copy to: Thomas J. Dougherty Gardner, Carton & Douglas Suite 900 East Tower 1301 K Street NW. Washington, D.C. 20005 (d) The Applicant has not previously applied for or been granted authority under Section 214 of the Act. (e) Powernet Telecom plc 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); and as a resale carrier pursuant to the terms and conditions of Section 63.18(e)(2). In addition, Applicant requests authority under Section 63.18(e)(4) to provide facilities—based and resale services betweenthe U.S. and the U.K., and requests to be regulated as a non—dominant carrier on that route. For provision of such facilities—based services, Applicant will lease submarine fiber optic cable capacity from Global Crossing and/or other unaffiliated carriers or owners of such cable capacity. The Applicant certifies that it will comply with the terms and conditions contained in §63.21 and §63.22 and/or §63.23 of Part 63 of the Commission‘s Rules, as appropriate. 8 Applicant requests authority in this application (i) to provide global facilities—based and resale authority to provide service between the U.S. and all international points where Applicant is not, and is not affiliated with, a foreign carrier and (ii) to operate as a non—dominant facilities—based and resale carrier between the U.S. and the U.K. where Applicant is a foreign carrier without market power.

(g) Undersea cable systems for which Applicant seeks facilities—based Section 214 authorization pursuant to Section 63.18(e)(4) have already been constructed. Accordingly, authorization of the facilities is categorically excluded as defined by §1.1306 of the Commission‘s Rules. (h) Following are the names, addresses, citizenship and principal businesses of Applicant‘s ten percent or greater direct or indirect shareholders or other equity holders as required under Section 63.18(h)(2): NameandAddress Citizenship Ownership Principal Business The Marquis of Huntly FFA First CM British 16.95% Chairman, Granville Charles Gordon Huntly Powernet Telecom Aboyne Castle Aberdeenshire AB34 5JP Tan Carey F Inst SMM British 48.03% CEO 148 Manchester Road Powernet Telecom Wilmslow Cheshire SK9 2JW (1) Powernet Telecom ple certifies that it is not, and has no affiliation with, a foreign carrier as defined under Section 63.09(d)—(€e) of the Commission‘s Rules except that Powernet Telecomplc operates as a telecommunications carrier in the U.K. under an ISVR license from the Department of Trade and Industry. ()) Powernet Telecom ple certifies that, except for authority to provide service betweenthe U.S. and the U.K. as requested herein pursuant to Section 63.18(e)(4), it does not seek to provide international telecommunications services to any destination country for which anyofthe following are true: (1) Applicant is a foreign carrier in that country; or (2) Applicant controls a foreign carrier in that country; or (3) any entity that owns more than25 percent of Applicant, or that controls Applicant, controls a foreign carrier in that country; or (4) two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, morethan 25 percent of the applicant and are parties to, or the beneficiaries of, a contractual relation (e.g., a joint venture or market alliance) affecting the provision or marketing of international basic telecommunications services in the United States. (k) Pursuant to Section 63.18(k)(1) of the Rules, the Applicant represents that the United Kingdom is a Member of the World Trade Organization.

(1) Except with respect to service between the U.S. and the U.K., authority for which is separately requested in this application, Applicant does not propose to resell the international switched services of an unaffiliated U.S. carrier for the purpose of providing international telecommunications services to a country where it is a foreign carrier or is affiliated with a foreign carrier. With respect to its telecommunications carrier operations in the U.K., Applicant hereby certifies that it lacks sufficient market power onthe foreign end of the route to affect competition adversely in the U.S. market. Powernet Telecom started offering Internet and telecom services in the U.K. in July 1999. As a recent entrant into the highly competitive U.K. telecommunications market, Applicant certifies that it holds far less than a 50 percent market share in the international transport and the local access markets in the U.K. Specifically, Powernet Telecom provides backbone Internet services with dial access through non—geographic numbers, having a market share in this service currently below 10%. Therefore, Applicant should be presumptively classified as non—dominant for service between the U.S and the U.K. pursuant to Section 63.10(a)(3) of the Rules. (m) The Applicant desires to be regulatedas non—dominant for the provision of services between the United States and the United Kingdom and qualifies for non— dominant treatment under §63.10(a)(3) because, as shownin response to Section 63.18(1), above, the Applicant is a non—monopoly carrier that lacks market power in the foreign market (the U.K.) sufficient to affect competition adversely in the U.S. market. (a) Powernet Telecom ple certifies that it has not agreed to accept special concessions directly or indirectly fromany 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) Powernet Telecom plecertifies pursuant to §§ 1.2001 through 1.2003 ofthe Commission‘s Rules that noparty to this applicationis subject to denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1998. (p) The Applicant qualifies for streamlined processing under §63.12(c)(1)(ii) because, as a non—monopoly foreign carrier in the U.K., it lacks market power and therefore qualifies for a presumption of non—dominance under §63.10(a)(3). The public interest will be served by grant of this application because it will allow Powernet Telecom ple to enhance and expand its services through the provision of facilities—based and resale services between the United States and foreign points. Thus, grant of this application will promote competition in the provision of international telecommunications services, with the

attendant benefits to consumers in the form of more choices and lower prices. Further, this application is eligible for streamlined processing procedures because, except for its carrier operations in the U.K., Applicant is not affiliated with any foreign carrier and is filing only for such authority as permitted under the terms and conditions of Sections 63.18(e)(1) and (2) of the Commission‘s Rules; and, insofar as authority to provide service between the U.S. and the U.K. as requested herein under Section 63.18(e)(4) is concerned, Applicant represents that it is a foreign carrier, or is affiliated with a foreign carrier, only in the U.K., where it lacks market and has less than 50% of the market share in the international transport and local access markets, thereby qualifying Applicant for a presumption of non—dominance under §63.10(a)(3) and for streamlined processing under §63.12(c)(1)(ii) of the Commission‘s Rules. Accordingly, Powernet Telecom ple requests the Commission to approve this application on a streamlined basis. Respectfully submitted, POWERNET TELECOM PLC n e ineen ND a Te C e _> Défek.].Abbass Head of Global Infrastructure Services. August 22, 2000 DCO1/340652.1

Gardner, Carton & Douglas The Northern Trust Company 410100 Chicago, IIlinois QUAKER TOWER 321 NORTH CLARK STREET 215 Date: August 22, 2000 CHICAGO, IL 60610—4795 7140 ies Pay: Seven h u ndred eighty and 00/1 00******************************************************************************** sB ***780 '00*** Void after 90 days GARDNER, CARTON & DOUGLAS TO THE Federal Communications 6 %g Lz % , ORDER Commission 5 C fé‘f OF: " 273 i8A8® 12074000 452130 480549 L4n® GARDNER, CARTON & DOUGLAS Check #: 273188 Payee: Federal Communications Check Date: Aug 22/00 Inv # Inv Date Narrative 7 Inv Total FEF8—22—00 8/22/00 Filing fee: Steamlined Section 214 Application $780.00 Jan 01/00 Check Amount $780.00


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Document Modified: 2019-04-22 14:25:43
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