Attachment 20170105085025-877.p

20170105085025-877.p

SUPPLEMENT

Supplement

2001-03-06

This document pretains to ITC-214-20010301-00126 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142001030100126_1390944

REQE\\; ED mpcion , \ .«Ofl\ D\\H‘:’:' Beforethe :;\zncma\g gas FEDERAL COMMUNICATI(‘)NS COMMISSION Washington, D.C. 20554 In the Matter of Nus? Nee Nee Never! Nn Nt Ned Nes Nust! Nut! Nus! Streamiined ITC—214—20010301—00126 TELERGY MIDATLANTIC, LLC TELERGY MIDATLANTIC, LLC Application for Authority Under Section 214 of the Communications Act of 1934, as Amended, to Operate As a Facilities—Based Carrier and as a Resale Carrier for the Provision of International Switched and Private Line Services to Various Points APPLICATION Telergy MidAtlantic, LLC ("TMA" or "Applicant"), hereby requests authority, pursuant to Section 214 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. § 214, to (1) operate as a facilities—based carrier pursuant to the terms and conditions of Section 63.18(e)(1) of the Commission‘s Rules, and (2) operate as a resale carrier pursuant to the terms and éonditions of Section 63.18(e)(2) of the Commission‘s Rules.‘ TMA has no affiliation with any foreign carrier in any of the destination countries for which authority is requested, nor is TMA affiliated with any dominant U.S. carrier whose services TMA may resell. Thus, pursuant to Section 63.10(a)(1) of the Commission‘s Rules, TMA should be classified as a nondominant carrier in its provision of international service on all routes. Furthermore, this Application is entitled to streamlined processing under Section 63.12 of the Commission‘s Rules. I With respect to the provision of switched services over private lines, Telergy MidAtlantic, LLC. seeks authority in this Application to provide such services only to those particular locations specifically approved by the Commission for the provision of such services. DCO1/GRIFJ/75691.1

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 granting Section 214 authority to TMA. SECTION 63.18 INFORMATION Pursuant to Section 63.18 of the Commission‘s Rules, TMA sets forth the following information in support of this Application: (a) The name, address, and telephone number of the Applicant is: Telergy MidAtlantic, LLC One Telergy Parkway East Syracuse, NY 13057 (315) 362—2000 (b) Telergy MidAtlantic is a limited liability company organized under the laws of the State of New Jersey. (c) Correspondence concerning this Application should be sent to: Theresa Atkins, Esq. Assistant General Counsel Telergy MidAtlantic, LLC. One Telergy Parkway East Syracuse, New York 13057 (315) 362—2882 (d) TMA has not previously received Section 214 authority from the Commission. (e) TMA is applying for 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 and as a resale carrier pursuant to the terms and conditions of Section 63.18(e)(2) of the Commission‘s Rules. (f) At this time, TMA seeks no other authorization available under Section 63.18(e). (g) TMA will use previously authorized facilities to provide its facilities—based services and thus this Application is categorically excluded from environmental assessment pursuant to Section 1.1306 of the Commission‘s Rules. DCOL/GRIFJ/75691 .1 —2 —

(h) (1) As evidenced by the certification provided in Attachment A, TMA is not affiliated with any foreign carrier. (2) Telergy Network Services, Inc "TNSI") holds 51 percent r ority ownership interest in TMA. TNSI is a Ne York corporation whose addt is One Telergy Parkway, East Syracuse, New Y k 13057. The principal busir ; of TNSI is the ownership and operation of tel »mmunications businesses. _ ergy Operating, Inc., TNSI‘s parent company, o ; 100% interest in TNSI Th )fficers of TNSI are Brian P. Kelly, J. Patrick Ba tt, Kevin J. Kelly, William M :elly, Jr., Steven Rubin and Nicholas Merrick. T Directors of TNSI are Brian ly, Kevin Kelly and William Kelly, Jr. The pr pal business of the Officers : Directors, each individually, is the operation ani anagement of TNSI and its af ated companies. The Officers and Directors of ~ SI can be reached at the East Tacuse office at the address given above. GPU Telcom Services, Inc. ("G Telcom") holds the remainin 9 percent ofthe ownership interest in TMA. GP Telcom is a Delaware corpora 1. One hundred percent (100%) interest in GPU l[com is owned by its parent c pany, GPU, Inc. The principal business of GP Telecom is the ownership d operation of telecommunications services. It ddress is 300 Madison Aveni P.O. Box 1911, Morristown, New Jersey, 07962— L 1. (3) As evidenced by the certificatior ‘ovided in Attachment A, TM. ias no affiliation with any dominant U.S. carrier v ise facilities—based services TA may resell. (i) As evidenced by the certification prc led in Attachment A, TMAhs ot agreedto accept special concessions directly o idirectly from any foreign carr with respect to any U.S. international route where tk oreign carrier possesses suffic t market power on the foreign end of the route to affi competition adversely in the I . market and will not enter into such agreements i 1e future. (J) As evidenced by the certification provided in Attachment A, no party .. this Application is subject to a denial of federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. TMA requests streamlined processing pursuant to Section 63.12 of the Commission‘s Rules. This Application is eligible for streamlined processing because TMA is not affiliated with foreign carriers on any route for which authority is sought nor is TMA requesting authority to provide switched services over private lines to countries not previously authorized for this service. DCO1/GRIFJ/75691.1

CONCLUSION In conclusion, TMA certifies that all of the information contained in this Application is accurate and correct. For the reasons expressed herein, TMA respectfully requests that the Commission grant this Application. Respectfully Submitted, TELERGY MIDATLANTIC, LLC. By:/b»% Theresa Atkins, Esq. Assistant General Counsel TELERGY MIDATLANTIC, LLC. One Telergy Parkway East Syracuse, New York 13057 Telephone: (315) 362—2882 Facsimile: (315) 362—2635 Date: February 23, 2001 DCOL/GRIFJ/75691.1 — 4 —

Attachment A CERTIFICATION The undersigned hereby certifies, on behalf of Telergy MidAtlantic, LLC ("TMA") with respect to the foregoing Application for authority to provide in aational service, that 1. TMA is not affiliated (as that term is define in Section 63.18(h)(1)(¥A) and (B) of the Commission‘s Ru ;) with any dominant U.S. carrier whose facilities—based se ce Telergy Central may resell. 2. TMA is not affiliated with any foreign carrier (as t se terms are defined in Section 63.18(h)(1)(A) and (B) of the mmission‘s Rules) in any of the countries to which TMA propc s to provide service in the foregoing Application. 3. TMA has not agreed to accept special concessio directly or indirectly from any foreign carrier with respect > any U.S. international route where the foreign carrier posse :s sufficient market power on the foreign end of the route to affe competition adversely in the U.S. market and will not en into such agreements in the future. 4. No party to this application is subject to a deni for Federal benefits pursuant to Section 5301 of the Anti—Drug buse Act of 1988, 21 U.S.C. § 853(a). /{7//_‘ By: %» 7(¢/Z (, Brian P. Kelly Title: President of Telergy Network Services, Inc. As Member of Telergy MidAtlantic, LLC. Date: February 23, 2001 DCOL/GRIFJ/75691.1

MAR—12—2001 MON 11:16 AM FAX NO. P: B} March 12, 2001 Federal Communications Comnaission Secretary, IB Telecommunicati ns Division amn P.O. Box 358115 mm epremunapeon: Piitsburgh, PA 15251—5115 Re: Telergy MidAtlantic, |.LC. _ Application for Autho ‘ity Under Section 21:} 0: the Communications Aet of 1934, As Amended . Response to George L‘s Facec Inquiry Dear Sir or Madam: This letter is in response to Mr. George Li‘s faxed ingiiry to TV eresa Atkins, Esq., datsd 3/06/01, in which Mr. Li requeted tt c nanics, address»s : ind cilizenthip of owners wh o own at least ten percent (10%) sF Tclergy Operating, T1c. and GPIU, nc. Please be advised that Telergy Dperating, Inc. is 100% oimned ‘3y Te ergy, Inc. The. mxjority interest of Telergy, In. is h :ld bythe following indiv.duals: Name — Address Citizenship Brian P. Kelly 8407 Prostwick Dr., Manlins, NY 13102 U.S. Kevin J. Kelly . 7868 E. Ridge Pointe Dr., Fayetteville, NY : 3066 _ U.S. William M. Kelly, Jr.7420 Highbridge Terrace, Fayctteville, NY 13066 U.S. Please be further advised that GPU, Inc. has no owners with at least 10% ownership of the corporation. Very truly yours, Aef ; s \yi%u___,\m 77 * éw"é‘r"”——b } Karen M. Hawkins Paralegal. Telergy MidAtlantic, LLC. ca: Nir. George Li via fax number (202) 418—2824 _______ _ _ s_1 000 l2 iec oP cis Theresa Atkins, Esq. One Telorpy Purkway + East Syracuse, New York 130357 315.362.2000 + K77,.TELRRGY + (315.835,3749) — FAX: 31 5.362.5309 wan.relorgry.mnet _ Power in Telecon


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Document Modified: 2019-04-21 19:50:25
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