Attachment 20161201160120-290.p

20161201160120-290.p

SUPPLEMENT

Supplement

2001-04-10

This document pretains to ITC-214-20010404-00235 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142001040400235_1372944

SqutrE. SanpErs & DempsEey LL.P. RECE:.\V EE) 1201 Pennsylvania Avenue, N.W. j 4 P.O. Box 407 SQLHR.E LEGAL PR 1 0 2001 sss8t Washington, D.C. 20044—0407 Office: +1.202.626.6600 SANDE% coUNsEL wORLDwIDE pivision y §3 " ~ as Q* Fax:1362 the e7a +1.202.626.6780 \Bureau ‘\'e\eCC‘l"f(;‘n‘a . Internat?‘" emf oC Streamlined ITC—214—20010404—00235 hy EASTERN BROADBAND TELECOM (U.S.A.) CO., LTD. April 4, 2001 Ms. Magalie Roman Salas Secretary Federal Communications Commission International Bureau — Telecommunications P.O. Box 3581153 Pittsburgh, PA 15251—5115 Re: Application for Section 214 Authority Streamlined Processing Requested Dear Ms. Salas: Transmitted herewith on behalf of Eastern Broadband Telecom (U.S.A.) Co., Ltd. ("Eastern Broadband USA"), please find an original and four copies of an application seeking authority under Section 214 of the Communications Act of 1934, as amended, to provide global facilities based and resale services. Enclosed please find an Application for Authority, FCC Form 1539 and a check in the amount of $8153.00 made payable to the Commission for the appropriate filing fee. Please date stamp and return the extra copy of this filing in the enclosed envelope. Should you have any questions regarding this application, please contact the undersigned at (202) 626—6717. Resp7tfully submitted, J Stepht/n, . Counsel to Eastern Broadband USA www.ssd.com

READ INSTRUCTIONS CAREFULLY APPROVED 8t OmB Feo.osss BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSICN REMITTANCE ADVICE SPECIAL USE 1 FCC USE ONLY eace no _1_ or (1) LockBox 4 358115 SECTION A _ PAYER_iNFEoORNMaATion _--- (2) PAYER NAMEL paying by credit card, enter nams exactly as it appears on your card) (3) TOTAL AMOUNT PAID (dollars and cents) Squire, Sanders & Dempsey LLP s £15.00 4) STREET ADORESS LINE NO, 1 1201 Pennsylvania Ave., NW 5) STREET ADDRESS LINE NO. 2 6) CITy (7) state (6) z1P cone Washington DC 20004 9) DAYTIME TELEPHONE NUMBER (Include area code} (10) COUNTRY CODE (if not in U.S—A.) (202) 626—6600 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) BRSEcToN s —_APPCIEANT INFOFMATION *_-_.-. [11) APPLICANT NAME(if paying by credit card, entar name exactly asit appears onyour card) Eastern Broadband Telecorn (U.S.A.) Co., Ltd. [12) sTREET ADORESS LiN@ NO. 1 277 Sun Jen Road > 13) STREET ADORESS LINE NO. 2 14) CITY (15) STATE (16) ar coog Taipei _ Taiwan 110 17) DAYTIME TELEPHONE NUMBER (Include area code) (18) COUNTRY CODE (if not in U.S.A.) 886—2—87808777 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEETS (FORM 159—C) mm "SECTION C°— PAyMENTmmnneeNFoRmarione 19A) 2CC CALL SIGNIOTHER ID (20A) PAYMENT TYPE CODE (PTC) Tiaravacmry (224) Fee DuE OR (2TC; iN BLOCK 20A FCC USE ONLY New c _|u Tt 11 8 15.00 23A) FCC CODE 1 24a) CC COOE 2 198) RCC CALL SIGNIOTHER iD (208) PAYMENT TYPE CODE (PTC) (218) auawnty (228) REE OuE ROR (PTC) iN BLOCK 208 FCC USE ONLY 238) RCC CODE 1 248) FCC CODE 2 19€) FCC CALL SIGN/OTHER ID (20C) PAYMENT TYPE CODE (PTC) (2ic) quantity (22C) FEE OuE ROR (®TC) in BLOCK 23C FCC USE ONLY 23C) FCC CODE 1 1 | | : 24C) £CC CODE 2 190) CC CALL SIGN/OTHER ID (200) PAYMENT TYPE CODE (PTC) Teroravannn (220) #e€ ue FOR (PTC) in BLOCK 200 FCC USE ONLY [230) £c cooé 1 [ [ | : 240) FCC CODE 2 rommmumm armme (25) SECTION_D — TAXPAYER INFORMATION (REQUIRED) 201 CompLETE imls LOCX OnLY ‘F APPLICANT namin 6—11 15 OIPFERENT FROM PAYER Name in A2) paver TN o|s|4|0|6|4|s|1]9|9| |appucant tn |o|o|s|o|s|s|a|7|6|6 SECTION E — CERTIFICATION [27) C§ATIFICATIOY_ STATEMENT . & FQY M“fi — ]dkw Certify under penalty of perjury that th regoing and supporting information 4 (PRINT NAME) /f f are true and correct to the best of my knowledge, infomation and belief. SIGNATURE C ‘ E% /%/W\ _7 SECTION F — CREDIT CARD PAYMENT INFORMATION _~ 26 rey ARGIVISA AC 3 2 N OArE: MASTERCARD i ' MONTH YEAR [AUTHORIZED SIGNATURE OATE VISA 1 nereay autnariza tne FCC to enarge my ViSA ar MASTERCARD tor me service(svaumerttavens(s) nereaencrisec. p> mvemmonne SEE PUBLIC BUROEN ESTIMATE ON REVERSE FCC FORM 159. JULy 1997 (REVISED)

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Macst Ssd Nes( Meust Nuus Nust Nuit EASTERN BROADBAND TELECOM (U.S.A.) CO., LTD. Application for Global Facilities—Based and Resale Section 214 Authority Pursuant to the File No. _ Terms and Conditions of Sections 63.18(e)(1) Sss Miuie and (e)(2) of the Commission‘s Rules. and to Provide International Basic Switched Services Nw Suve Mss‘ Muce Mc) Over Private Lines to ISR—approved Countries Consistent with Section 63.16 of the Commission‘s Rules Application for Authority Streamlined Processing Requested Eastern Broadband Telecom (U.S.A.) Co.. Ltd. ("Eastern Broadband USA"), hereby requests authority pursuant to section 214 of the Communications Act of 1934, as amended, 47 U.S.C. § 214, and section 63.18(e)(1) and (e)(2) of the Commission‘s rules, 47 C.FR. §§ 63.18(e)(1) and (e)(2), to provide global facilities—based and resale services between the United States and international points, including the provision of international basic switched services over private lines to ISR—approved countries consistent with section 63.16 of the Commission‘s rules, 47 C.F.R § 63.16. Because Eastern Broadband USA and its parent company, Eastern Broadband Telecom Co.. Ltd. (~EBTC}, lack market power in all destination markets, streamlined processing of this Application is appropriate. Eastern Broadband USA is a Delaware company organized to provide international telecommunications services between the United States and international points. It is 100% owned by EBT, a Taiwanese company. EBT is a new market entrant approved by Taiwan‘s

Ministry of Transportation and Communication in March 2000 to operate a fixed network in Taiwan in competition with the incumbent telephone operator. In addition to local, long— distance, and international telephone services, EBT will provide broadband multi—media and data services by means of an integrated CATV and fiber—optic high—speed network. Eastern Broadband USA requests global facilities—based and international resale section 214 authority pursuant to the terms and conditions of sections 63.18(e)(1) and (e)(2) ofthe Commission‘s rules. In addition, Eastern Broadband USA seeks authority to provide switched services over private lines, consistent with section 63.16 of the Commission‘s rules, to destination countries appearing on the Commission‘s list of approved ISR—countries.‘ Although Eastern Broadband USA is affiliated with a foreign carrier, streamlined processing of this Applicationis appropriate because it qualifies for a presumption of non—dominance under section 63.10(a)(3) of the Commussion‘s rules. See 47 C.F.R. § 63.12(c)(1)(ii). 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 sérved by the grant of section 214 authority to Eastern Broadband USA. Section 63.18 Information The following information is submitted, as required by section 63.18 of the Commission‘s rules, in support of Eastem Broadband USA‘s Application for section 214 authority. ‘ Eastem Broadband USA recognizes that Taiwan is not currently on the Commission‘s list of approved [ISR— countries, and that a separate application will be necessary before switched services over private lines can be provided between the U.S. and Taiwan. 1J

(a) The name, addtess, a1d tel:sphone number of the Applicant is: Easiern B :oadband Teleco n (U.S.A.) To., Ltd. 277 Sun—Jen Read 110 Taipei, Tai van +88 53—2—8"‘808777 —""eleplione (b) Eastern B oadb ind U SA is a corsoration organized uncer the laws of the state of Dels.ware. (c) Conespor dence: concernin ; this Application should be sent to: iyir: Efic Vibh Director of Inte mnational B isiness East :m Broadb ind T :rlecoin Co.. Ltd. 277 Sung—Jen Road 110 Taipe., Tarvan +880—2—87 808777 — ~eleplione Cop: es of corre::pondence should be sent to: Jonathan Jacob Nadler Step ien J. Dual| Squire, Sanders & Dempsey L.L.P. 1201 Pennsylvania Avenue, N.W. P.O. Box 407 Was iington, D.T. 20004—0407 (202) 626—6600 — Telephone (202) 626—6780 — Facsimil: (d) Neither Eastern Broadband USA, nor its parent, EBT, have previously received authority under section 214 of the Communications Act. (e) Eastern Broadband USA requests global facilities—based and resale section 214 authority pursuant to the terms and conditions ofsections 63.18(e)(1) and (e)(2) of the Commission‘s rules. In addition, Eastern Broadband USA seeks authority to provide switched services over private lines. consistent with section 63.16 of the Commission‘s rules, to destination countries appearing on the Commission‘s list of approved I[SR— countries.

(£) Not applicable. Not applicable. (h) Eastern Broadband USA is 100% owned by Eastern Broadband Telecom Co., Ltd. ("EBT"), a Taiwanese company. EBT is a new market entrant approved by Taiwan‘s Ministry of Transportation and Communication in March 2000 to operate a fixed network in Taiwan in competition with the incumbent telephone operator. Theonly entity directly holding at least ten percent of the shares of EBT is the Taiwan Railroad Administration ("TRA"), which controls approximately tweI\{e percent of the equity of EBT. In addition, the China Rebar Co., Ltd. ("China Rebar") indirectly controls approximately thirty percent of the equity of EBT through its collective holdings in several affiliated companies, none of which individually controls ten percent or greater of the shares of EBT. The relevant information for EBT. TRA. and China Rebaris as follows: Name Percent Ownership Eastern Broadband Telecom Co., Ltd. ............2... 100% 277 Sung—Jen Road 110 Taipei, Taiwan Citizenship: Taiwan Principal Business: Telecommunications Tarwan Railroad Administration........................ 12°%%5 (of EBT} Citizenship: Taiwan Principal Business: Railway Transportation Chinga Rebar Group CO., Lt .....0....ssamrrna d zna m 30% {of EBT) SF, 219 Chung—Hsiao E. Road Sec. 4 106 Taipei, Taiwan Citizenship: Taiwan Principal Business: Holding Company

Two of the directors of Eastern Broadband USA — Messrs. L. T. Wang and Mark Chen — are also directors of EBT. (1) Eastern Broadband USA certifies that it is 100% owned by EBT, which is a carrier in Taiwan. () Eastern Broadband USA certifies that it seeks to provide global international telecommunications services to international points, including Taiwan — a destination market in which its parent company, EBT, is a carrier. (k) Eastern Broadband USA certifies that EBT Iaqk:s market power in Taiwan because EBT lacks 50 percent market share in the international transport and the local access markets in Taiwan. See 47 C.F.R. § 63.10(a)(3). (1) To the extent that Eastern Broadband USAproposes to resell the international switched services of an unaffiliated U.S. carrier for the purposeof providing international telecommunications services to a country where it is a foreign carrier, or is affiliated with a foreign carrier, Eastern Broadband USA certifies that it either lacks 50 percent market share in the international transport and local access markets pursuant to section 63.10(a)(3) of the Commiuission‘s rules, or that it will file the quarterly traffic reports required by section 43.61 of the Commission‘s rules. (m) Eastern Broadband USA desires to be classified as non—dominant for the provision of international communications services between the United States and all international points. Eastern Broadband USA certifies that its foreign affiliate, EBT, is not a monopoly provider of communications services in a relevant market in any destination country. Eastern Broadband USA further certifies, pursuant to section 63.10(a)(3) of the Commission‘s rules, that EBT — as a new entrant in the Taiwanese market — lacks 50

percent market share in the international transport and the local access markets in any destination country. (n) Eastern Broadband USA certifies that it has not agreed to accept special concessions directly or indirectly from any 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) Eastern Broadband USA certifies that no party to this application has been denied federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (P) Eastern Broadband USA requests streamlined processing of this Application pursuant to section 63.12(c)(1)(ii) of the Commission‘s rules. Although Eastern Broadband USA is affiliated with a foreign carrier in a destination market, it qualifies for a presumption of non—dominance under section 63. lO(a)(S) because it lacks market power on the foreign end of all routes for whi.ch Eastern Broadband USA seeks section 214 authorization.

Conclusion For these reasons, Eastern Broadband USA respectfully requests that the Commission grant this Application and process this request under its streamlined processing rules. Respectfully submitted, EASTERN BROADBAND TELECOM (U.S.A) CO:, LTD. 5y 7/ &é_c Mark Chen Director Apr}/ 4, Z2COI Date: Febraarmy—23—200+

01/25/01 09: 21 FAX 202 626 6780 SS&D Goo1 SQUIRE, SANDERS & DEMPSEY L.L.P. 0Z: 0T W52 ddt 1201 Pennsylvania Avenue, N.W. P.O. Box 407 SQUIRE 4s Washington, D.C. 20044—0407 SANDERS wortrpwip: COUNSEL Fax: +1.202.626.6780 If Problems: +1.202.626.6748 April 25, 2001 PLEASE DELIVER THESE PAGES IMMEDIATELY No. of Pages (including cover): 1 To: Fran Hisenstein Facsimile No: (202) 418—2824 ‘ederal Communicat ~ormmmissi F Compapy,; {frefo Communic—qens Commusnei Tnternatonal Bureau Confirmation No: (202) 418—1460 From: Stephen J. Duall Direct Dial No: (202) 626—6717 E—mail: —sduall@ssd.com Re: Application of Eastern Broadband Telecom (U.S.A.) Co., 1Ltd. Mcessage: Dear Ms. Eisenstein: Per your request, Eastern Broadband Telecom (C.S.A.) Co., Ltd. confirms that the Taiwan Railroad Administranon is 100% owned/controlled by the Tatwanese government, but that the China Rebar Group is 100% privately owned and controlled. If you have anyfurther questions or need additional clarification, please do not hesitate to contact me. CONFIDENTIALITY NOTICE: The attached information is LEGALLY PRIYVITT.EGED AND CONFILDENTIAL and is intended only for the use of the addressee named above. Tf the reader of this message is not the intended recipicnt or the employee or agent responsible for Jelivering the message to the intended recipient, please be aware that aoy dissemination, distrbution or duplication of this communication is stnetly prohibited. If you have received this communication in crror, please notify us immediatecly by telephone and return the original message to us at the address above via the postal service. Thank you. Srnuder No.: 05663 35574.00003 514 Account No. Returm 10 Office [ob No: www.ssd.com


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Document Modified: 2019-04-22 02:41:39
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