Attachment 20170103163217-040.p

20170103163217-040.p

SUPPLEMENT

Supplement

2001-03-07

This document pretains to ITC-214-20010302-00114 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142001030200114_1390904

-f‘{ ./ ¢ iss . T gfl’i\\ \g E %%';‘"‘C @ Before the M,d/? 02 2@?}, — 9 " fibERAL COMMUNICATIONS COMMISSION / abe w00 Washington, D.C. 20554 oNE gu? qy ,# 5\ ‘[; gfi; f 1e\ecfz,z\g(\a\ e In theMatter of COMindico US Inc. 14 —2 4— 2 0010302— 00114 ITC—21 Streamlined Application for authority pursuant to COMINDICO US INC. Section 214 of the Communications Act of 1934, as amended, for global authority to operate as an international facilities—based and resale carrier Application COMindico US Inc. ("COMindico"), hereby requests authority, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. 2 214, and Section 63.18 of the Commission‘s Rules, to provide global international facilities—based and resale services between the United States and international points. COMindico is a new U.S. company organized to provide, among other things, international telecommunications services. COMindico is a wholly owned subsidiary of COMindico International Pty Ltd., a corporation organized under the laws of Australia. COMindicointends to serve business customers throughout the United States by providing competitively priced international telecommunications services. 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 COMindico. Section 63.18 Information The following information is submitted, as required by Section 63.18 of the Commission‘s Rules, in support of COMindico‘s request for authorization. (a) The name, address and telephone number of the applicant is: COMindico US Inc. SYD3_635152_3 (W97)

Level 15 201 Kent Street Sydney NSW 2000 AUSTRALIA +61 (0)2 8220 6000 (b) COMindico is a corporation organized under the laws of the State of Delaware. (c) Correspondence concerning this application should be sent to: Karmen Bennett Regulatory COMindico US Inc. Level 15 201 Kent Street Sydney NSW 2000 AUSTRALIA voice: +61 (0)2 8220 6000 fax: +61 (0)2 9252 6864 with a copy to: Warren Lavey, Esq. Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker Dr. Suite 2300 Chicago, IL 60606 voice: (312) 407—0830 fax: (312) 407—0411 (d) COMindico has not received authority previously under Section 214 of the Communications Act. (e) COMindico 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 Commuission‘s Rules. COMindico certifies that it shall comply with the terms and conditions contained in Sections 63.21, 63.22 and 63.23 of the Commission‘s Rules. (8) At this time, COMindico seeks no other authorization available under Section 63.18(e). (g) Not applicable. SYD3_635152_3 (W97) 3

(h) The name, address, citizenship and principal business of the sole shareholder that controls 100 percent of COMindico US, Inc. is as follows: COMindico International Pty Ltd. Level 15 201 Kent Street Sydney NSW 2000 AUSTRALIA Principal Business: Communications Citizenship: Australian corporation The name, address, citizenship and principal business of the sole shareholder that controls 100 percent of COMindico International Pty Ltd. is as follows: ' COMindico Holdings Pty Ltd. Level 15 201 Kent Street Sydney NSW 2000 AUSTRALIA Principal Business: Holding Company Citizenship: Australian corporation The name, address, citizenship and principal business of the shareholders that control at least 10 percent of COMindico Holdings Pty Ltd. are as follows: Wayne Passlow — 21% 49 The Esplanade Balmoral NSW 2088 AUSTRALIA Principal Business: Company Director Citizenship: Australian J.P. Morgan Capital Corporation (and its related bodies corporate) JP Morgan Capital Corporation — 18% 60 Wall Street New York NY 10260—0060 Principal Business: Investing Citizenship: Delaware corporation J.P. Morgan Chase & Co. Inc. SYD3_635152_3 (W97) 3

270 Park Avenue New York, NY 10017—2070 Principal Business: Financial Services Citizenship: Delaware corporation JPMCC Luxembourg Corporation 60 Wall Street New York, NY 100260—0060 Principal Business: Investing Citizenship: Delaware corporation J.P. Morgan Capital Management Company L.L.C. 60 Wall Street New York, NY 10260—0060 Principal Business: Investing Citizenship: Delaware limited liability company J.P. Morgan Investment Partners, L.P. 60 Wall Street New York, NY 10260—0060 Principal Business: Investing Citizenship: Delaware limited partnership J.P. Morgan Capital Management Company, L.P. 60 Wall Street New York, NY 10260—0060 Principal Business: Investing Citizenship: Delaware limited partnership J.P. Morgan Capital, L.P. 60 Wall Street New York, NY 10260—0060 Principal Business: Investing Citizenship: Delaware limited partnership J.P. Morgan Funds Bahamas Ltd. c/o Morgan Trust Company of the Bahamas Limited CIBC Building, Shirley Street Nassau, Bahamas Principal Business: Investing Citizenship: Bahamas corporation JPMCC Belgium SPRL Avenue de Cortenbergh 75 SYD3_635152_3 (W97) 4

1000 Brfissels, Belgium Principal Business: Investing Citizenship: Belgium company JPMCC Belgium (SCA) Avenue de Cortenbergh 75 1000 Brussels, Belgium Principal Business: Investing Citizenship: Belgium limited partnership (SCA) J.P. Morgan Capital Luxembourg S.a.r.l. 33 Boulevard Prince Hennri L—1724 Luxembourg p.o. box, L—2010 Luxembourg, Grand Duchy of Luxembourg Principal Business: Investing Citizenship: Luxembourg company The AGL Company (and its related bodies corporate) AGL Comindico Pty Limited — 21% AGL Centre Car Pacific Highway and Walker Street North Sydney NSW 2060 AUSTRALIA Principal Business: Special purpose subsidiary of The AGL Company to hold its investment in Comindico Holdings Pty Ltd). Citizenship: Australian incorporated company AGL Technology Commerce Pty Limited AGL Centre Car Pacific Highway and Walker Street North Sydney NSW 2060 AUSTRALIA Principal Business: Utilities Citizenship: Australian incorporated company Porta Gas Pty Limited AGL Centre Car Pacific Highway and Walker Street North Sydney NSW 2060 AUSTRALIA Principal Business: Utilities SYD3_635152_3 (W97) 5

Citizenship: Australian incorporated company The AGL Company AGL Centre Cnr Pacific Highway and Walker Street North Sydney NSW 2060 AUSTRALIA Principal Business: Holding company Citizenship: Australian incorporated company AMP Limited (and its related bodies corporate) AMP Investment Services Pty Limited — 16% Level 22 AMP Building _ 33 Alfred Street Sydney NSW 2000 AUSTRALIA Principal Business: Investing Citizenship: Australian incorporated company AMP Asset Management Holdings Limited Level 22 AMP Building 33 Alfred Street Sydney NSW 2000 AUSTRALIA Principal Business: Holding company Citizenship: Australian incorporated company AMP Holdings Limited Level 24 AMP Building 33 Alfred Street Sydney NSW 2000 AUSTRALIA Principal Business: Holding company Citizenship: Australian incorporated company AMP Group Holdings Limited Level 24 AMP Building 33 Alfred Street Sydney NSW 2000 SYD3_635152_3 (W97)

AUSTRALIA Principal Business: Holding company Citizenship: Australian incorporated company AMP Limited Level 24 AMP Building 33 Alfred Street Sydney NSW 2000 AUSTRALIA Principal Business: Publicly listed holding company Citizenship: Australian incorporated company COMindicoidentifies the following interlocking directorate with a foreign carrier: Steve Demetriou serves on the board of COMindico and on the boards of COMindico International Pty Ltd. and COMindico Holdings Pty Ltd. Michael Downy serves on the board of COMindico and on the board of COMindico International Pty Ltd. i) COMindico certifies that it is controlled by or under cormmmon control with and therefore affiliated with COMindico Australia Pty Ltd, a foreign carrier, as defined in Section 63.09(d) of the Commission‘s Rules, in Australia. (G) COMindico certifies that it is indirectly controlled by COMindico Holdings Pty Ltd, which also controls COMindico Australia Pty Ltd, a foreign carrier in Australia and COMindico seeks to provide international telecommunications services to Australia. (k) Australia is a member of the World Trade Organization. See KDD America, ® Inc., 5 DA 00—2587, 2000 FCC LEXIS 6083, & 10, (November 15, 2000); see also, MFS International, Inc., 14 FCC Red 13912, 13914 (1999). (1) COMindico‘s affiliate, COMindico Australia Pty Ltd lacks sufficient market power in Australia to affect competition adversely in the U.S. market. COMindico certifies that COMindico Australia Pty Ltd lacks fifty percent (50%) market share in the international transport and the SYD3_635152_3 (W97) 7

local access markets in Australia. COMindico satisfies Section 63.10(a)(3) of the Commission‘s Rules. (m) As set forth above in (1), COMindico Australia Pty Ltd lacks sufficient market power in Australia to affect competition adversely in the U.S. market and COMindico should be classified as a non—dominant carrier pursuant to Section 63.10(a)(3) of the Commission‘s Rules. (n) COMindico certifies that it has not agreed and will not agree in the future to accept any direct or indirect special concessions froma foreign carrier or administration with regard to traffic or revenue flows betweenthe United States and any foreign countries the company is authorized to serve. (0) COMindico certifies that no party to this application has been denied federal benefits pursuant to Section 530 of the Anti—Drug Abuse Act of 1988. (P) COMindico desires streamlined application processing pursuant to Section 63.12 of the Commission‘s Rules. As set forth in (k) above, the relevant destination market (Australia) is a WTO member country. As set forth in (1) above, COMindico qualifies for a presumption of non— dominance under Section 63.10(a)(3) of the Commission‘s Rules. COMindico therefore qualifies for streamlined processing under to Section 63.12(c)(1)(ii) and (iv) of the Commission‘s Rules. Conclusion In conclusion, COMindico certifies that all of the information in this application is accurate and correct. SYD3_635152_3 (W97) 8

For these reasons, COMindico respectfully requests that the Commission grant this application. Respectfully submitted, COMINDICO US INC. By: /4@ M Steve Demetriou President Level 15 Kent Street Sydney AUSTRALIA 2000 voice: +61 (0)2 8220 6033 fax: +61 (0)2 9252 6864 Date:_ /4 jOmL/,;z/vL,/ 200| J SYD3_635152_3 (W97) o


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Document Modified: 2019-04-19 14:33:26
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