Application Form ITC-214-20090715-00332

Application Form

This document pretains to ITC-214-20090715-00332 for International Global Resale Authority on a International Telecommunications filing.

Approved by OMB
3060-0686

INTERNATIONAL SECTION 214 APPLICATION
FCC FORM 214
FOR OFFICIAL USE ONLY

APPLICANT INFORMATION

Enter a description of this application to identify it on the main menu:
214 Application

1. Applicant

Name:	Michael D. Lansky, LLC d/b/a Avid Telecom	Phone Number:	520-370-1514
DBA Name:		Fax Number:	520-795-7888
Street:	2830 N. Swan Rd	E-Mail:	[email protected]
	Suite 160
City:	Tucson	State:	AZ
Country:	USA	Zipcode:	85712 -
Attention:	Mr. Michael D Lansky

2. Contact

Name:	Neil S. Ende, Esq.	Phone Number:	202-895-1707
Company:	Technology Law Group, LLC	Fax Number:	202-478-5074
Street:	5335 Wisconsin Ave., NW	E-Mail:	[email protected]
	Suite 440
City:	Washington	State:	DC
Country:	USA	Zipcode:	20015 -
Attention:	Neil S. Ende, Esq.	Relationship:	Legal Counsel

3. Place of Incorporation of Applicant Arizona

4. Other Company(ies) and Place(s) of Incorporation

5. Service Type(s) (check all that apply)

Global or Limited Global Facilities-Based Authority (Section 63.18(e)(1))

Global or Limited Global Resale Authority (Section 63.18(e)(2))

Individual Facilities-Based Service (Section 63.18(e)(3))

Individual Switched Resale Service (Section 63.18(e)(3))

Individual Facilities-Based and Resale Service (Section 63.18(e)(3))

Switched Services over Private Lines (ISR) (Section 63.16 and/or 63.18 (e)(3))

Inmarsat and Mobile Satellite Service (Section 63.18(e)(3))

Overseas Cable Construction (Section 63.18(e)(3))

Individual Non-Interconnected Private Line Resale Service (Section 63.18(e)(3))

Other (Section 63.18(e)(3))

6a. Is a fee submitted with this application?

If Yes, complete and attach FCC Form 159.

If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
Governmental Entity Noncommercial educational licensee
Other(please explain):

6b. Fee Classification

CUT - Section 214 Authority

7. Destination Country(ies) (e.g., "Country X", "All international points", "All international points except Country X and Country Y" or "Countries X, Y, and Z only".) All international points

8. Caption (description of authority requested, e.g., Application for Authority to Provide International Facilities-Based and Resold Services to All International Points Except Country X)
Michael D. Lansky, LLC d/b/a Avid Telecom, LLC. ('Avid' or 'Applicant'), by its attorneys and pursuant to Section 214 of the Communications Act of 1934, as amended ('the Act'), 47 U.S.C. 214, hereby requests global authority 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, 47 C.F.R. 63.18 (e)(1), to all foreign points as authorized by the Commission and (2) operates as a resale carrier pursuant to the terms and conditions of Section 63.18 (e)(2) of the Commission's Rules to all foreign points as authorized by the Commission. 47 C.F.R. 63.18 (e)(2). Avid has no affiliation with any foreign carrier in any of the destination countries for which authority is requested nor is Avid affiliated with any dominant U.S. carrier whose services Avid may resell. Thus, pursuant to Section 63.10 (a)(1) of the Commission's Rules, 47 C.F.R. 63.10 (a)(1), Avid should be classified as a non-dominant carrier in its provision of international service on all routes. Furthermore, as explained herein, this Application is entitled to streamlined processing under Section 63.12 of the Commission's Rules. 47 C.F.R. 63.12. According to the FCC's fee schedule, Fee Code CUT, a check in the amount of (applicable fee) is attached hereto.

9. Does the applicant request streamlined processing pursuant to 47 C.F.R. Section 63.12? If yes, include in Attachment 1 a statement of how the application qualifies for streamlined processing.

Yes

10. If applying for authority to provide switched services over private lines pursuant to Section 63.16, provide the required showing in Attachment 1.

Applicant certifies that its responses to questions 11 through 17 are true:

11. If the applicant is a foreign carrier, or is affiliated (as defined in 47 C.F.R. Section 63.09(e)) with a foreign carrier, provide in Attachment 1 the information and certifications required by Section 63.18(i) through (m).

12. Does the applicant seek authority to provide service to any destination described in paragraphs (1) through (4)of Section 63.18(j)? If yes, list those destinations in Attachment 1 as a response to question 12.

Yes

13. Does the applicant seek authority to provide service to any destinations other than those listed in response to question 12 where it has an affiliation with a foreign carrier? If yes, list those destinations in Attachment 1 as a response to question 13.

Yes

14. [Section 63.18(h)] In Attachment 2, provide the name, address, citizenship and principal business of the applicant's ten percent or greater direct and indirect shareholders or other equity holders, and identify any interlocking directorates.

15. In Attachment 2, respond to paragraphs (d), (e)(3) and (g) of Section 63.18.

16. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes.

Yes

17. By checking Yes, the applicant certifies that it has not agreed to accept special concessions directly or indirectly from a foreign carrier with respect to any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market and will not enter into such agreements in the future.

Yes

CERTIFICATION

18. Typed Name of Person Signing (Must be a Corporate Officer)
Michael D. Lansky

19. Title of Person Signing
Manager

WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
(U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
(U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

20. 1:

2: 214_App_Attach2

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT

The public reporting for this collection of information is estimated to average 2.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0686), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to [email protected]. PLEASE DO NOT SEND YOUR RESPONSE TO THIS ADDRESS.

Remember - You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0686.

THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.