Attachment 20170103154130-260.p

20170103154130-260.p

SUPPLEMENT

Supplement

2001-02-27

This document pretains to ITC-214-20010221-00098 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142001022100098_1390832

é;\\\ Before the ?gC, %%\ FEDERAL COMMUNICATIONS (‘OM\Q( ?()NO\\,\S> sa® Washington, D.C. 20554 e0\\0(\3’\% ra 2. Lust j (\\!5((\9' 6 \ AMY In the Matter of ) . ) Streamlined ITC— 214—200 5 ipulsys USA Inc. ) ipulsys usainc. fstoces ) Global Blanket Application Pursuant to ) Section 214 of the Communications Act of 1934, ) as Amended, for Authority to Operate as an ) International Facilities—Based and Resale Carrier ) GLOBAL BLANKET APPLICATION FOR SECTION 214 AUTHORITY ipulsys USA Inc. ( "Applicant") hereby requests authority, pursuant to section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, and section 63.18 of the Commission‘s rules, to provide international facilities—based and resale services between the United States and all international points except countries listed on the Commission‘s exclusion list.‘ As discussed below, Applicant is affiliated with foreign carriers in only The Netherlands, France, and the United Kingdom, and eachof these carriers has far less than a 50% market share in the international transport and local access markets in its respective country. Accordingly, Applicant is entitled to a presumption of non—dominance on all routes for which it is seeking authority, pursuant to sections 63.10(a)(1) and (a)(3) of the Commiuission‘s rules. See 47 U.S.C. § 63.10(a)(1), (a)(3). | Applicant also agrees not to use facilities listed on the Commission‘s exclusion list.

Apy licant is affiliated with pulsy.. B.V., whic 1 is a foreign carr er in ‘ ‘he Netherli nds undet the C mmission‘ ; deftmition: of "a ‘filiated" an 1 "for ign carrier.‘ See 17 C.~.R. § 63.( 9(d), ‘e). Fowevy », ipilsys E .V. his far less th in a 5 1% market share i 1 the interns tional trans; ort ar 1 locel access ma kets 11 The Netherlands. Ace »rdingly, Applica it sho ild be presu nptiv: ly cla ssifiec. as non—dor iinant for the prov ision of internatic nal cc mmunicatic ns servic 2s on he U. S.—Ne herla 1ds ro ite. App icant is affi iated with i aulsy: France SA;}, whi :h is a forei m car ier in Franc» undr the Commi: sion‘: defin itions of "aifiliate 1" anc "foreign cz mier." See .7 C.L.R. §4 63.0¢(d), (e). F owevy », ipi Isys France SAS ias fai less tian a 30% t iarket share in the intemiation; 1 transf ort an 1 loca. acce is maikets i France. Ac:cordiagly, \pplicant st ould ie presumpt vely classi ied as non—comin int for the povision of intern: tional communicitions services on he U.S.—1 rance route App icant s affi iated with ijulsys UK Ltd., w aich i1 a foreign carrier n the United Kingc m ui der tk e Cor imission‘s c efinit ons of "affi iated‘ and "foreign cart er." See 47 C.FE.EP . §§ 63 19(d) (e). HMHowerer, ipulsys JK Lt1. has far less thar a 50% mar cet sh ire in the intern itiona trans »ort a id local access mirkets in the United Kingdom. Acec ‘dingly, Applican should be presumptively classified as non—dominant for the provision of international communications services on the U.S.—United Kingdom route. Moreover, because The Netherlands, France, and the United Kingdom are all Members of the World Trade Organization ("WTO"), and because Applicant is entitled to a presumption of non—dominant treatment on all international routes, Applicant requests streamlined processing of this section 214 application pursuant to section 63.12(a) and (c)(1)(ii) of the Commission‘s rules. See 47 U.S.C. § 63.12(a), (0)(1)(ii).

DESCRIE TIO! OF .\PPLICANT A »plica it is a corporation organized un der th : laws of the State of Delaware. Aplica it is 1 )0‘%4 cirectl owned by ipulsys B.V., whict , in tu m, is :00% 1irectly owned b Ipul iys Holiit gs B.V. ip ilsys 3.V. is licensed as a telecommu aications carrier i1\ The Netherlend ; and qualif es is a "fore gn ca Tier" as that term is defined in he Commission‘s rules. Sze 47 U.3.C. & 6:.07(d . :pu sys B.V. is a private com»any © vith li nited liabili :y under the lzws of The NMetierlanis. ipulsys B.V. has ownership intert sts in two foreign carriers: e ijulsys France SAS is liceased is a telscomnunic itions caier in France ipul:ys B.V. directly owns a 100%, inter sst in pulsys UK _td. * ijulsys UK Ltd. is licensed as a :eleco nmuricatio is cartie~ in the U nited Flingdom. ipulsys B.V. in lirect y owr s a 1(00% ir terest in ipulsys |JK L11. A; plicant is therefore affiliated w th thr:e for :ign carriers ipulsys B.V , if ulsys Franc: SAS and ipulsy: UK Ltid.2 Each of these foreig n carr ers his far 1 :ss than a 50% it arket share n the ntern; tiona transport and local access mar:ets ir its respective country. Acco dingly, Apr lic int shoul 14 be presumptively classined a: non— lominant on the U.S —Netherl ands, U.S.— France ar d U.S.—United Kingdom routes, as w l1 as on all other i iternational route s. 3 Prior to February 6, 2001, these three companies were known as Mannesmann ipulsys B.V., Mannesmann ipulsys France SAS, and Mannesmann ipulsys UK Ltd., respectively. The names of all of the subsidiaries of Ipulsys Holdings B.V., including these three companies, were legally changed on February 6,2001 to remove the word "Mannesmann." These name changes reflect the independence of the ipulsys companies from Mannesmann AG following the November 14, 2000 divestiture of ipulsys B.V. and its subsidiaries. See infra p.4.

Applicant is not iffilia ed with Mannesmann AG, V odafore AirTouch PLC or ar y affiliates of those compinies. Prior o November 14, 2000, Manr esmann ipulsys B.V. (w hich changed its name to ipulsys B. V. on February 6, 2001) was a whelly—ovined subsid: ary 0‘ Mannesmann Investmer t B.V., whic h, in turn, was a wholl: —own d sut sidiary of M‘anne: mann AG. On November 14, :000, UMann ‘smann Investment B.\‘. tran sferred its entire o wners 1ip interest in Mannes mann ipulsys B.V to Ipulsys Holdings B.V. Ipulsys Holdings B V. is 10t affiliated with Mannesm ann A G, Vc dafone AirTouch PLC, or an y affil ates of thos: com »anie:s. Consequently, since Novembe : 14, 2 000, Mannesmann ipu sys B V. (now ipulsys E.V.) ind its subsidiaries have c perated ind‘pendntly of Mannesmann £.G, Vodafor e AirTouch PLC, and their affiliates. On February 6, 2 )01, t.ie nar ies of all of the subsidi aries ¢f Ipulsys Holdings B.V were legally changed to removve the word ‘Mannesmann." These name chanjzes reflect the independence of the ipul sys co npan: es from Mannesmann .\G fo lowir g the Nover aber 14, 20( 0 divestiture. PUBLIC INTEREST Grant of this application will serve the public interest, convenience and necessity by enabling Applicant to enter the international services market and thereby benefit consumers by increasing competition, lowering prices, and increasing the service options available to the public. Consequently, the public interest will be served by grant of this application.

S;CTI )N 62.18 INFORMATION In supr ort of this a »plica ion, . .pplic int subomits ‘he fo lowing iiformatic n in accordance with section 6: .18 of the C omm ssion s Rul‘s: (a) The naine, address, and t ‘lephc ne nu nber of Apry licant ar: as follows: ipulsys USA Inc. 111 8tk Avenue, S ite 3( 7 New York, NY 10)17 (212) 3 52—1197 (b) Applic: nt is organi :ed ui1 der th 2 law: of th: State of Delaware. (c) Corresr ondence co icerni 1g thi ; appl catior shou d be addressed to: Carl R. Frank, Esq. Wiley, tein & Fiel ling 1776 K Street, N.W. Washin ston, D.C. 20006 (202) 7 9—7269 (d) Applics nt has not receive 1 any jrior iiectio1 214 authorizations. (e)(1), (e©)(2) & (1) Purs 1ant t ) sectijns 6. .18(e(1), 63.18(e)(2), and 63.18(f) of the Commission‘s ‘ules, Applicant r: quest ; auth »rization to operate as a global facilities—based and global resale carrier between the UJnite . States and all international destinations, except countries listed on the Commussion‘s exclusion list. Applicant 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. (g) Not applicable. (h) The following persons or entities directly own a ten percent or greater interest in the equity of Applicant:

ipulsys B.V. Bordewiklaan 18 2591 XR The Hague The Netherlands Citizenship: The Netherlands Principal Business: Te ecommunications Ownership Intsrest: 100% of Applicant The following persons or entities indirzctly own a ten perce it or greater interest :n tae equity of Applicant: Ipulsys Holdings B.V. Frederik Roeskestraat 123 1076 EE Amsterdam The Netherlands Citizenship: The Netherlands Principal Business: Holding company Ownership Interest: 100% of Applicant (through a 100% ownersh1;) interest in ipulsys B.V.) Warburg Pincus International Partners, L.P. Cedar House 41 Cedar Avenue Hamilton HM12 Bermuda Citizenship: Brmuda Principal Busiress: Investment Ownership Interest: 50% of Applicant (through a 50% ownership nterest in Ipulsys Holdings B.V.) Warburg, Pincus Equity Partners, L.P. 466 Lexington Avenue New York, NY 10017—3147 Citizenship: United States Principal Business: Investment Ownership Interest: 50% of Applicant (through a 50% ownership interest in Ipulsys Holdings B.V.)

Mi. Pete: Glasbeek is a director of Applican:. Mr. Glast sek is also & director of pulsys B.V ., ipul: ys Fraince SAS, and ipulsys UK Ltd., the three "oreig1. carriers affiliated with Applicant. Mr. [an Viilk is :i director of Applicant and ipulsys LK Ltd. (1) Ap plicar t certifies t at it is not a foreign carrier. Applic: nt further certifies that t is affil:i ated, is thai term is def ned in section 63.99(e) of the Comriission‘s rules, with the following "oreig 1 carr ers: (1) irulsys B.V.: ipulsys B.\‘. dire :stly owns a 100% intere :t in Applicant. i ulsys B.V. is licnsed as a telecom munication: carricr in The Netherla 1ds, a WTO member co intry. ipulsys B.‘7. has far less than a 50% mar cet sh are in the internati »nal tiansport and local acces: mark ets in The Mether ands. (2) ir ulsys France SAS; ipulsys France SAS is a wholly—ovwned subsidiary 0 ‘ipuls ys B.V. ipulsys Frince S AS is licensed as ;. telec ommunications ca Tier i11 France. a WTO nember country. ipulsys France SAS has fiar less than 1 50% market share in th e international trenspor and local a scess markets in France. (3) ipulsys UK Ltd.: ipulsys 3.V. indirectly owns a 100% interest in ipulsys JK Ltd. ipulsys UK . Ltd. is lice ised as a telecomununications carrier in th : Unit :d Kingdom, a W O member country. ipulsys UK Ltd. has far less than a 50% market share in the international transport and local access markets in the United Kingdom. 0 Pursuant to section 63.18(j) of the Commission‘s rules, Applicant certifies that it seeks to provide international telecommunications service to two destination countries where: (1) Applicant is a foreign carrier; (2) Applicant controls a foreign carrier; (3) any entity that owns more than 25% of Applicant, or that controls Applicant, controls a foreign carrier in that country;

or (4) two cr mor : foreign carriers (or parties that control fureign carriers) own, in the aggregate, more than 2 5% 0: Appicant and are parties to, or beneficia ies of a contractral relation (e.g., a joint ventur : or m arket alliance) affecting the provision or t rarket ng of interr ational basic telecommuiicatic ns services n the United States. These foreign carriers and destination countries ar :: (1) ipi Isys France SAS France). ipulsys B.V., which directly owis a 100%% it terest in Applicant, directlv owns a 100% interest in ipul ys France SAS. ipu sy: Fri nce SAS is licensed as a telecommunications c;rrier in Frarce. (2) ipt Isys UK Ltc!. (United Kingdo:mn). ipulsys B.V., vhich direc:ly ow ns a 1)0% int :rest 11 Applicant indirectly cowns a 100%, interst in pulsy s UK ‘_td. ipulsys UE Ltd. is liceased is a telecommunications carrie : in the United Kingcon .. In acditiotr , as discussid abeve, Applicant is affiliated witl. ipulsys B.‘/., whick is licensed as ;. telec »mmunicati ons cirrier in The Netherland: . (k) Purs 1ant to section 63. 18(k) of the Commission‘s rules, A )plicant pro‘vides the followin ; information with 1 egard to the three destination countries listed in response to parag aph (;) above: (1) Th : Netherlanc s is a Member of the WTO. (2) Fre nce is a Member of the WTO. (3) Th: United Kingdom is a Member of the WTO. (1) & (m) Applicant‘s affiliated foreign carriers are relatively recent entrants in their markets. Each has far less than 50% market share in the international tranéport and local access markets the relevant foreign destination markets. Accordingly, pursuant to section 63.10(a)(3) of the Commission‘s rules, Applicant is entitled to non—dominant status on the U.S.—Netherlands, U.S.—France, and U.S.—United Kingdom routes.

(n) App icant certifi :s that it has not agreec to acept special :once isions as defined in section 63.1 (b) 0‘ the Commssion‘s rules, directly or indiectly from iny fc eign :arrier with respect to ar y U.S. inter iatior al route where the fore gn carier possess :s ma ket power on the foreign end of the route ind w 11 not enter into such a sreem 2nts i1: the f iture, »xcep : as permitted by section 6 }.14. (0) App icant sertifi‘s pur uant to sections 1.200 throwugh 1.::003 c¢f the Comuirission‘s rules, that no party to this applicatio:i is subject to a denial of Fed :ral benefits pursi ant to section 5301 of the Anti—] )rug + .buse Act 0: 1988, 21 U.S.C. § 852 a. (p) This application qualif es for streamlined processing unde: secti>n 63 12(a) and 63.12(c)(1)( i) of t ie Co nmission‘s Rules. As discus sed at ove, .iupplic ant is iffilia:ed with a foreign carri ‘r in e ach 0; three countries (The Netherl inds, "rance and t1e Ur ted K ingdom), bi t is entitled to a pre: umpt: on of 10n—dominant treatmer t for t ie U.© .—Netierlan is, U. s.—France ar d U.S.—United <Tingc om rc utes under section 63.10(a)(?) of th e Cor imission‘s 1 iles. Accordingly, pursuant to : »ctior 63.1% (a) ar d (c)(ii), Applicant is e aititlec to stt samliied pt »cessiag of this application. CONCLUSION For the foregoing reasons, Applicant respectfully requests that the Commussion grant it section 214 authorization to provide international facilities—based and resale services between the United States and all international points. Further, Applicant respectfully requests streamlined processing of this section 214 authorization pursuant to section 63.12 of the Commission‘s rules.

Respectfully submitted, IPULSYS USA INC. \ Peter A. Glasbgek \ Nirectorinulsys USA Inc, February 21 2001


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Document Modified: 2019-04-23 01:12:16
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