Attachment Petition To Deny

Petition To Deny

PETITION TO DENY submitted by Thomas K. Crowe

Petition to Deny dtd 12.3.08

2008-12-03

This document pretains to ITC-214-20081107-00492 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142008110700492_681218

LAW GFFICES OF THOMAS K. CROWE, P.C. 1250 24th STREET, N.W. SUITE 300 WwASHINGTON, D.C. 20037 TELEPHONE (202) 263—3640 FAX (202) 263—3641 E—MAIL firm@tkerowe.com FiLep/actep?tEp *°*°° BY HAND DEC —3 2008 Marlene H. Dortcih, Secretary 8 Federal Comma;nicafi@m Commisgion Federal Communications Commission imce of the Secratgry Office of the Secretary c/o Natek, Inc. 236 Massachusetts Avenue, N.E. Suite 110 Washington, DC 20002 Re: Petition to Deny; File No. ITC—214—2008§1107—00492 Dear Secretary Dortch: Enclosed for filing herewith is an original plus four (4) copies of a Petition to Denythe application in the above referenced proceeding. Please acknowledge receipt of this filing by file—stamping and returning the extra copy of this filing in the envelope provided for this purpose. Please contact the undersigned should you bave any questions. Respectfully submitted, //>/fw\/;7§f’ Thomas K. Crowe Cheng—yi Lin, Counsel for Telwise Corporation Enclosures co: David Krech {via email) JoAnn Sutton (via email) Janeese Parker {via email) Raul Magallanes (via ernail)

Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of } ) FILEONEK CORPORATION ) ) Application for Authority ) File No. ITC—214—20081107—00492 Pursuant to Section 214 of the ) Communications Act of 1934, as amended ) To Provide Global or Limited ) Resale Authority ) PETTTION TO DBENY Telwise Corporation ("Telwise"), by its attorneys and pursuant to Section 63.20(d) of the Federal Communication Commission‘s ("PCC‘s") Rules, 47 CFR. § 63.20(d), respectfully petitions that the FCC International Bureau ("Bureau") deny FILKONEK CORPORATION‘s {("FILKONEE‘s" or "Applicant‘s") International Section 214 Application ("Application") which :H was acceptedfor filing on November 21, 2008 L. BACKCGROUND elwise is a private carrier that provides wholesale international telecommunications to other carriers on a contractual basis. Telwise‘s principal business address is located at 73 Radford Street, Yonkers, NY 10705. On Qctober 20, 2008 Telwise entered into a Carmier Services Agreement ("Agreement") to provide wholesale telecommunications to Filkonsk, Incorporated ("FIL INC"), a foreign telecommunications carrier organized under the laws of the Philippines with its principal offices located at 18"" Floor Strata 200 Building, Emerald Avenue, Ortigas Center, Pasig City, Philippines 1600. The Agreement was executed by Alex Hawak, President and owner of FIL INC. The Application in question represents that Alex Hawak is the ‘ See File No. ITC—214—20081107—00492; see also Streamlined International Applications Acceptedfor Filing, Public Notice, Report No. TEL—Q13288 (November 21, 2008). 4 1 L

100% owner of FILEKONEK, and states that its business address is located at 73 Radford Street, Yonkers, NY 10705. FILKONEK‘s Application also states that the Applicant has no foreign affiliations or interlocking directorates. The facts and assertions contained herein are supported by the attached Declaration of an authorized officer of Telwise. H THE APPLICATION SHOULD BE DENIED FOR FAMLURE TO DMSCLOSE FOREIGN CARRIER AFFILUATIONS AND INTERLOCKING DIRECTORATES FILKONEKE‘s Application should be denied because it contains apparent misrepresentations about the Applicant‘s interlocking directorates and foreign carrier affiliations in violation of Sections 63.18(h) and (i), respectively, of the FCC‘s rules." As described above, Alex Hawak, the sole owner of FILKONEK, is also the President and owner of FIL INC, a carrier based in the Philippines. According to the signature line of the Application, Question 18, Alex Hawak is also an "Officer"? of FILKONEK. Thus, FLEONEE is affiliated with FIL NC through the common ownership by Alex Hawak, and the two companies also have interlocking directorates since Hawak also serves as an officer of both. ‘ILKONEK clearly misrepresented its foreign affiliations and failed to disclose its interlocking directorates in the Application. In the first paragraph of Attachment 1 (labeled "Cover Letter") to the Application, FILKONEK states that "FILKONEK has no foreign affiliations."" In Paragraph (i) of Attachment 1 Applicant states that "FILKONEK certifies that it is not affiliated with any foreign or U.S. facilities—based carrier." Further, in Paragraph (}), Applicant certifies that it does not seek to provide telecommunications services to any destination for which an entity that owns more than 25% of FILKONEKalso controls a foreign carrier in that country, and in Paragraph (p), Applicant requests streamlined processing on the 2 47 CFER. $§ 63.18() & (i). * See Cover Leiter, Attachment 1 to File No. ITC—214—20081107—00492. 2

basis that it has no affiliations with foreign cartiers in a destination market in which it seeks authority to serve. Finally, Applicant fails to disclose in the Application or Attachment 1 its interlocking directorates as required by Question 14 and Section 63.18(h) of the FCC‘s rules. It would be prima facie inconsistent with the public interest, convenience and necessity for the Bureau to grant the Application when FILEKEONEK has demonstrated a clear propensity to make blatant misrepresentations and false certifications to the FCC. . THE APPLICATION SHOULD BE DENIED BECAUSE IT UTILIZES TELWISE‘S BUSINESS ADDRESS AND CAUSES CONFUSION IN THE MARKETPLACE The Application should be denied because FILKONEK‘s use of Telwise‘s business address has already caused confusion in the marketplace to the detriment of Telwise. As of December 2, 2008, Telwiss has directed FILKONEK to immediately cease using Telwise‘s business address. FILKEONEK‘s continued use of the address for purposes of the Application will cause further harm to Telwiss and create further marketplace confusion which will negatively irapact the public interest, convenience and necessity. Telwise initially allowed, through a verbal arrangement, Applicant‘s sole owner, Alex Hawak, to use Telwise‘s 73 Radford Street business address to receive mail for the purpose of setting up Hawak‘s U.S. based business, PILKONEK. Alex Hawak, also a citizen and current resident of the Philippines, indicated that he did not have a current U.S. address to use for business purposes but would obtain a U.S. address for FILEKONEK in the near future. However, Telwise did not anticipate that there would be confusion and detriment to the company as a result of FILKONEEK using the 73 Radford Street address for filing the Application. FILKONEK‘s use of Telwise‘s address has already created confusion and uncertainty in the marketplace, resulting in a lawsuit {alleging fraud and misrepresentation} against FILKONEK that also implicates Telwise as a defendant based upon an inaccurate belief by the plaintiff that the two companies

are affiliated because of the common 73 Radford Street address." This inaccurate association with FILKONEK has already impeded Telwise‘s ability to conduct business, and has interfered with Telwise‘s business relationships with its customers. Telwise has directed FILKONEK to immediately cease using the address to avoid further confusion. Consequently, FILKONEK does not currently have a legitimate business address listed in its Application, and continued use of Telwise‘s address will constitute a misrepresentation to the FCC. Further, should the Application be granted, the continued use of Telwise‘s address will be an ongoing misrepresentation to the public and inconsistent with the public interest, convenience and necessity by creating further confusion in the marketplace. IV. CONCLUSION For the foregoing reasons, Telwise respectfully requests that the Bureau deny the grant of the Application. Respectfully submitted, L> //_ Thomas K. Crowe Cheng—yi Liu LAW OFFICES OF THOMAS K. CROWE, P.C. 1250 24in Street, N.W. Suite 300 Washington, D.C. 20037 (202) 263—3640 firm@tkerowe.com COUNSEL FOR TELWISE CORPORATION December 3, 2008 * See Case Number CGC—08—481422, Superior Court of California, County of San Francisco. 4

20127 91484813274 TELWISE PAGE 91 DECLARATION OF JOSE MALLARI Pursuant to 47 CFR. § 1.16, I hereby deciare as follows: 1 am Vice President of Operations for Telwiss Corporation ("Telwise"), and 1 am authorized to make these declarations for Telwise. 1 have personal knowledge of the information provided in the declarations below, Telwise‘s principal business address is located at 73 Radford Street, Yonkers, NY 10705. bJ On October 20, 2008 Telwiss entered into a Carrier Services Agreemenat ("Agreement") L2 to provide wholesale telecommunications to Filkonek, Incorporated ("FIL INC®"). FIL INC is a foreign based telecommunications carier with its principal business address, as stated in the Agreement, of 18"" Floor Strata 200 Building, Emerald Avenue, Ortigas Center, Pasig City, Philippines 1600. The Agreement was exsouted by Alex Hawak, President of FIL INC. t Alex Hawak is also an owner of FIL INC. Alex Hawak is also a citizen of the Philippines, and currently resides thore. Telwise miftially allowed, through a verbal arrangement, Alex Hawak to use Telwise‘s business address to receive mail for the purpose of setting up Mawak‘s U.S. based business, FILKONEEK CORPORATTION ("FILKONEK").

C C > N p—s RJ N C C NJ NJ G NJ ~J 1O s L. es 4s 4) —a C N TELWISE PaAGE —go Is 9. As of December 2, 2008, Telwise has directed Alex Hawak and FILKONMEK to immediately cease using Telwise‘s business address. I hereby certify that to the best of my knowledge and belief, under penalty of perjury, the foregoing statements are true and corect. Executed on this S day of Decemiber, 2008 L. pe Z74C Jose Mallari Telwise Corporation

CERTIFICATE OF SERVICE I, Conor Hanlon, a legal assistant at the Law Offices of Thomas K. Crowe, P.C., do hereby certify that on this 3rd day of December, 2008, a copy of the foregoing Petition to Deny was served via email upon the following: David Krech JoAnn Sutton Policy Division Policy Division International Bureau International Bureau Federal Communications Commussion Federal Communications Commission 445 12th Street, SW 445 12th Street, SW Washington, DC 20554 Washington, DC 20554 David. Krech@fee.gov JoAnn.Sutton@fcee.gov Janeese Parker Raul Magallanes Policy Division The Law Office of Raul Magallanes, PLLC International Bureau Counsel for Filkonek Corporation Federal Communications Commission PO Box 1213 445 12th Street, SW Houston, TX 77549 Washington, DC 20554 raul@rmtelecomiaw.com Janeese.Parker@fec.gov T [ Unz ~ Conor Hanlon


Document Created: 2008-12-03 17:18:38
Document Modified: 2008-12-03 17:18:38
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