Attachment 20161122110426-080.p

20161122110426-080.p

SUPPLEMENT

Supplement

2001-05-30

This document pretains to ITC-214-20010530-00333 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142001053000333_1370468

            .                                  '                                                    ...5 |   j
HECE,VED                                    Before the
                        FEDERAL COMMUNICATIONS COMMISSION
  JUNMN — 42001                     Washington, D.C. 20554
  Telecom Division
International Bureay                                                                             "Of
                                                                             aj      \"‘\}\\( 30 00
In the Matter of

                                                    Streamlined       ITC—214—20010530—00333
EASTERN WELL                                        EASTERN WELL TELECOMMUNICATIONS (USA), LLC
TELECOMMUNICATIONS (USA), LLC

Application for Authority Pursuant to
Section 214 of the Communications
Act of 1934, as Amended, to Offer
Facilities—Based Services as an
International Carrier


                        APPLICATION FOR SECTION 214 AUTHORITY

         Pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. §

214 and Section 63.18(e)(1) of the Cormmission‘s Rules, 47 C.F.R. § 63.18(e)(1), Eastern Well

Telecommunications (USA), LLC ("Eastern Well") hereby requests authority to provide global

international facilities—basedservices betweenthe Ijmted States and foreign points. Eastern Well

seeks streamlined processing for this application pursuant to Section 63.12 of the Commussion‘s

Rules.

         Eastern Well is a Delaware Limited Liability Corporation that is 60 percent owned by Mr.

Lo Ka Wo and 40 percent owned by Mr. Lee Tak Kuen, both citizens of Hong Kong. Eastern

Well plans to lease capacity on a trans—Pacific submarine cable and will serve business customers

on international routes. Accordihgly, this application requests Commission grant of international

Section 214 authority to enable Eastern Well to provide these pro—competitive services.




DC_DOC§333126.3 [W97]


L.       SECTION 63.18 INFORMATION

         Pursuant to Section 63.18 of the Commission‘s Rules, 47 CFR § 63.18, Eastern Well

provides the following information:

         (a)     Applicant‘s name, and address are as follows:

                          Eastern Well Telecommunications (USA), LLC
                          555 Ovington Avenue,
                          Suite C—23
                          Brooklyn, NY 11209

                 Telephone inquiries should be directed careof William S. Carnell, (202) 637—2200

         (b)     Eastern Well is a Delaware Limited Liability Corporation.

         (c)     Correspondence concerning this Application should be addressed to:

                          Eastern Well Telecommunications (USA), LLC
                          555 Ovington Avenue,
                          Suite C—23
                          Brooklyn, NY 11209

                 Telephone inquiries should be directed care of William S. Carnell, (202) 637—2200

                 with a copy addressed to:

                          William S$. Carnell
                          Latham & Watkins
                          555 Eleventh Street, NW
                          Suite 1000
                          Washington, DC 20004
                          {(202) 637—2200


         {(d)    Eastern Well has not previously applied for or received authority under

Section 214 of the Act.

         (e)      (1)     Eastern Well is applying for facilities—based authority to provide-

international telecommunications services pursuant to § 63.18(e)(1) of the Commission‘s

Rules.




 DC_DOCs\333126.3 [W97]


                (i1)     Global authority is sought.

                (iii)    Eastern Well certifies that it will comply with the terms and conditions

contained in §§ 63.21 and 63.22 of the Commission‘s Rules.

        (L)     The name, address, citizenship and principal bL;si‘hesses of the direct or

indirect holders of at least 10% of the equity of the applicant are as follows:


    Name and Address                           Citizenship            Principal         Percentage
                                                              |       Business
    Mr. Lo Ka Wo.                               Hong Kong         Telecommunications           60 %
    Suites 1908—9, 19/F, Tower One
    The Gateway, Harbour City
    25—27 Canton Road
    T.S.T. Kowloon,
    Hong Kong

    Mr. Lee Tak Kuen                            Hong Kong         Telecommunications           40 %
    Suites 1908—9, 19/F, Tower One
    The Gateway, Harbour City
    25—27 Canton Road
    T.S.T. Kowloon,
    Hong Kong



        Mr. Lo, Chairman and majority shareholder of Eastern Well, is also majority shareholder

and a director of Eastern Well Telecommunications, Ltd., a telecommunications company in Hong

Kong.

        (1)      Eastern Well certifies that it is not affiliated with any foreign carfie’r.

        0)       Eastern Well certifies that it seeks to provide international

telecommunications to a destination country (Hong Kong) in which Eastern Well

Telecommunications is a telecommunications carrier, and that Mr. Lo., who owns a |

controlling interest in Eastern Well, also holds a controlling interest in Eastern Well

Telecommunications.




DC_DOCs\333126.3 [W97]


        {k)      Hong Kong is a member of the World Trade Organization.

        (1)      As described in paragraph {m), below, Eastern Well is presumptively non—

dominant under section 63.10(a)(3) the Commission‘s rules, 47 CFR § 63.10(a)(3).

        {(m)     Although Eastern Well is controlled by an indi?iidual who also controls a

foreign carrier (Eastern Well Telecommunications), it is presumptively entitled to be

regulated as non—dominant under § 63.10(a)(3) of the Commission‘s Rules because

Eastern Well Telecommunications hélds less than a 50 percent share of the international

transport and local access markets on the foreign end of the US—Hong Kong route.

         (n)     Eastern Well certifies that it has not agreed to accept special concessions

directly or indirectly from any foreign carrier with respect to any US 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 Well certifies, pursuant to Sections 1.2001 through 1.2003 of the

Commission‘s Rules, that no party to the applicatio‘n is subject to a denial of Federal

benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 853a.

        (p)       This Application qualifies for streamlined processing pursuant to

§ 63.12(c)(1)(1) because it is entitled to a presumption of non—dominance under

§ 63.10(a)(3).

L.      GRANT OF THIS APPLICATION WILL SERVE THE
        PUBLIC INTEREST, CONYVENIENCE AND NECESSITY

        Prompt grant of this Application will greatly serve the public interest in the efficient and

competitive provision of international telecommunications services to the public. Authorizing

Eastern Well to provide global facilities—based services will provide US businesses with greater




DC_DoCs\333126.3 {(W97]


choices for their international telecommunications needs, and will foster the goals of the WTO

Agreement on Basic Telecommunications Services. The Commission should therefore streamline

the processing of this application and grant the requested authorization.

IHI.    CONCLUSION

        For the foregoing reasons, the Commussion should grant a facilities—based international

Section 214 authorization to Eastern Well Telecommunications (USA), LLC, under the

Commuission‘s streamlinéd processing procedures.

                                              Respectfully submitted,

                                              EASTERN WELL TELECOMMUNICATIONS
                                              (USA), LLC

                                                           ue




                                                  Les Tak Kuen
                                                  Managing Director




Dated: May 24, 2001




DC_DOCS\333126.3 {(W97]


READ INSTRUCTIONS CAREFULLY
BEFORE PROCEEDING                                                                                                                                      Approved by OMB
                                                           FEDERAL COMMUNICATIONS COMMISSION                                                                        3060—0589
                                                                REMITTANCE ADVICE                                                                  Page No 1__ of__
 (1) LOCKBOX #                                                                                                                 SPECIAL USE

                                                                                                                               ECC USE ONLY
358115
                                                             SECTION A— PAYER INFORMATION
     (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card)                               (3) TOTAL AMOUNT PAID (U.S. Dollars and cents)
Eastern Well Telecommunications (USA), LLC                                                                                  $15.00
     (4)   STREET ADDRESS LINE NO. 1
555 Ovington Avenue, Suite C—23                                                                           «
     (5)   STREET ADDRESS LINE NO. 2


     (6) CITY                                                                                                               (7) STATE      (8) ZIP CODE
Brooklyn                                                                                                                    NY                                  L
     (9) DAYTIME TELEPHONE NUMBER (include areacode)                   (10) COUNTRY CODE (if not in U.S.A.)

                        FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED
(11) PAYER (FRN)                                                       (12) PAYER (TIN)
00049286—10                                                            Being Applied For
                  IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B
                       IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C)
(13) APPLICANT NAME

(14) STREET ADDRESS LINENO. 1

(15) STREET ADDRESS LINE NO. 2

(16 CITY                                                                                                                    (17) STATE| (13) ZIP CODE

(19) DAYTIME TELEPHONE NUMBER (include area code)                      (20) COUNTRY CODE (if not in U.S.A.)

                        FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED
(21) APPLICANT (FRN)                                                   (22) APPLICANT (TIN)

                  COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET
(23A) CALL SIGN/OTHER ID                                                  (24A) PAYMENT TYPE CODE                   (25A) QUANTITY
214 Application                                                           CUT                                       1
(26A) FEE DUE FOR (PTC)                              (27A) TOTAL FEE                               FCC USE— ONLY
                                      $15.00                                        $15.00
(28A) FCC CODE 1                                        (29A) FCC CODE 2


(23B) CALL SIGN/OTHER ID                                                  (24B) PAYMENT TYPE CODE                   (25B) QUANTITY


(26B) FEE DUE FOR (PTC)                              (27B) TOTAL FEE                               ECC USE ONLY

(28B) FCC CODE 1                                        (29B) FCC CODE 2


                                                       —        SECTION D — CERTIFICATION
(30)       CERTIFICATION STATEMENT
1.                                                                        , certify under penalty of perjury that the foregoing and supporting information is true and correct to

the best of my knowledge, information and belief.            SIGNATURE                                                             DATE

                                                    SECTION E — CREDIT CARD PAYMENT INFORMATION
                                MASTERCARD/VISA ACCOUNT NUMBER:                                                                              '           EXPIRATION
(31)
  [C] mastercarp                   [ _L_L L L L L L L L L                                                                                                   L 1 [ |
  5                   I hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s)/authorization herein described.
           VISA
                      SIGNATURE                                                                                         DATE

                                           SEE PUBLIC BURDEN ON REVERSE                                          FCC FORM 159               FEBRUARY 2000 (REVISED)


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                                                     ONLY: Eight Hundred Fifteen and 00/100 DOLLAR                        y ~voOID 6 MC:1HS AFTER ISSUE DATE


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                                                     TO THE         FEDERAL COMMUNICATION
                                                     ORDER OF:
                                                                  . COMMISSION
                                    FORM NO. 48621




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Document Created: 2019-04-19 17:30:37
Document Modified: 2019-04-19 17:30:37

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