Responses to Letter

LETTER submitted by Toronto Asia Tele Access Telecom Inc.

International Section 214 Application

2011-02-11

This document pretains to ITC-214-20100907-00357 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142010090700357_868416

HELEIN & MARASHLIAN, us THE COMMLAW GROUP February 11, 2011 VIA IBFS James L. Ball Chief, Policy Division International Bureau Federal Communications Commission Re: International Section 214 Application, File No. ITC—214—20100907—00357 On behalf of Toronto Asia Tele Access Telecom Inc. ("Applicant"), enclosed please find its response to the January 28, 2011 letter from the International Bureau regarding Applicant‘s International Section 214 Application, File No. ITC—214—20100907—00357, filed by Mr. Manmohan Singh Thamber on behalif of Applicant on September 7, 2010. Should any questions arise, kindly contact the undersigned. Attorney for Applicant cc: Catherine Wang Danielle Burt Eliot J. Greenwald Bingham McCutchen LLP 2020 K Street, N.W., Washington, DC 20554 Counsel for Tata Communications (America) Inc., Tata Communications Services (America) Inc. HELEIN & MARASHLIAN, LLC TELEPHONE: (703) 714—1300 en eeonet } FACSIMILE: (703) 714—1330 1420 SPRING HILL ROAD EMAILI: MAIL@COMMLAWGROUF.COM SUITE 205 $ WEB: WWW.COMMLAWGROUR.COM MCLEAN, VIRGINIA 22102

Federal Communications Commission Washington, D.C. 20554 January 28, 2011 Mr. Manmohan Singh Thamber Tata Telecom INC 8108 Homby Road Hotnby, Ontario, Canada LOP 1E0 Mr. Charles H. Helein Helein & Marashlian, LLC The CommLaw Group 1420 Spring Hill Road, Suite 205 McLean, VA 22102 Re: File No. ITC—214—20100907—00357 Mr. Singh and Mr. Helein: The international section 214 application, File No. ITC—214—20100907—00357, filed by Mr. Manmohan Singh Thamber ("Mr. Singh") on September 7, 2010, on behalf of Tata Telecom Inc. ("Tata Telecom"), is being reviewed by Federal Communications Commission ("Commission") staff as well as by the Department of Homeland Security and Department of Justice pursuant to arrangements the Commission has with executive branch agencies for coordination of applications. As you are aware, Tata Communications (America) Inc. and Tata Communications Services {America) Inc. (collectively "Tata Communications") filed a Petition to Deny the application on September 25, 2010. Tata Telecom Inc. filed an Opposition to Petition to Deny on October 5, 2010 and Tata Communications filed a Reply to Opposition on October 13, 2010. Please confirm that you continue to seek Commission action on the application. If so, we request the following information for our review of the application: 1) Is "Tata Telecom Inc." the legal name of the applicant? If not, please provide the legal name as well as the place of incorporation and the government entity that authorized the incorporation. Applicant‘s legal name is "Toronto Asia Tele Access Telecom Inc." (hereinafter "Applicant"). Applicant incorporated in Canada in 2006. Canada‘s Ministry of Industry authorized the incorporation. In 2008, Applicant registered "TATA Telecom Inc." as a fictitious business name in Canada with the Ministry of Consumer and Business Services (now the Companies and Personal Property Security Branch ofthe Ministry of Government Services). 2) Is Mr. Singh a Canadian citizen? If not, please specify his citizenship.

Federal Communications Commission Mr. Singh is a Canadian citizen. 3) Is the applicant a foreign carrier within the meaning of the Commission‘s rules? See 47 C.F.R. § 63.09(d). Please specify each foreign country in which the applicant is a foreign carrier. We note that the web—site for Tata Telecom, http://www.tata—telecom.com/, states: "Founded in 2005, Toronto Asia Tele Access (Tata Telecom Inc.) is a global carrier‘s carrier and provider of high—quality international long distance services." Applicant is not a "foreign carrier" within the meaning ofthe Commission‘s rules. 4) Is the applicant "affiliated" with any foreign carriers within the meaning of the Commission‘s rules? See 47 C.FR. § 63.09(e). (Please note that the definition of "affiliated" is not limited to facilities—based carriers.) Please specify each foreign country in which the applicant is "affiliated" with a foreign carrier. Applicant is not "affiliated" with any foreign carrier within the meaning of the Commission‘s rules. 5) What is the status, or outcome if an order has been entered in the matter, of the civil lawsuit Toronto Asia Tele Access Telecom Inc. and Manmohan Singh Thamber v. Tata Sons Limited, No. CV 09—01356 RSM (U.S. District Court, W.D. Wash., Seattle)? If there is a final court order in this case, please provide a copy of that court order. The case remains pending, and no final court order has been entered. 6) Is the applicant currently providing telecommunications services in the United States? If so, please specify what services it is providing, in which locations [and for how long it has provided such services]. If the applicant has provided telecommunications services in the United States in the past, but is not now currently providing such services, please specify when such services were provided, what services the applicant provided, and in which locations it provided such services. Applicant is not currently providing, nor has Applicant ever provided telecommunications services in the United States within the meaning of the Commission‘s rules. The information listed above is being requested pursuant to section 63.51 of the Commission‘s rules. 47 C.EF.R. § 63.51.. We ask that you respond to this request no later than by close of business on February 11, 2011. Failure to respond to this information request will subject your application to dismissal without prejudice under sections 1.748(a) and 63.51(b) of the Commission‘s Rules, 47 CER. §§ 1.748(a), 63.51(b). Your response must be submitted in the same manner as was the original filing, he.. electronically via IBFS. See 47 C.F.R. §63.51(c). Please also note that you must email and send

Federal Communications Commission hard copies of all filings in this proceeding to counsel for Tata Communications (who are copied on this letter). If you have any questions, please feel free to contact either David Krech (202—418—7443) or Sumita Mukhoty (202—418—7165) of this office. Thank you. Sincerely, James L. Ball Chief, Policy Division International Bureau ce: Catherine Wang Danielle Burt Bingham McCutchen LLP 2020 K Street, N.W., Washington, DC 20554 Counsel for Tata Communications (America) Inc., Tata Communications Services (America) Inc.


Document Created: 2019-04-21 05:25:13
Document Modified: 2019-04-21 05:25:13
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