Attachment 20170110141628-173.p

20170110141628-173.p

SUPPLEMENT

Supplement

2000-05-10

This document pretains to ITC-AMD-20000510-00307 for Amended Filing on a International Telecommunications filing.

IBFS_ITCAMD2000051000307_1392601

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                                  Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                                      Washington, D.C. 20554


 In the Matter of

 Southwestern Bell Communications Services, Inc.
                                                                      File No. ITC—214—20000127—
Application for Authority Pursuant to Section 214                     00027
Of the Communications Act of 1934, as amended,
For Authority to Operate as an International
Facilities—Based and Resale Carrier

     AMENDMENT TO APPLICATION FOR AUTHORITY UNDER SECTION
        214 OF THE COMMUNICATIONS ACT OF 1934, AS AMENDED

         Southwestern Bell Communications Services, Inc. d/b/a Southwestern Bell Long

Distance, ("SBCS" or "Applicant") hereby amends its application for section 214

authority to provide international facilities—based and resale services between all points in

Texas and all international points except countries listed on the Commission‘s exclusion

list.‘ In its 214 Application, SBCSinadvertently omitted NetCom ASA ("NetCom")

fromthe list of foreign carriers with which it is affiliated, as the terms "foreign carrier"

and "affiliate" are defined in section 63.09 of the Commission‘s rules, 47 C.F.R. § 63.09.*

As discussed in more detail below, NetCom is a competitive wireless carrier authorized

to provide GSM mobile telecommunications services in Norway, and has less than 50


 ‘ Application ofSouthwestern Bell Communications Services, Inc. d/b/a Southwestern Bell Long Distance
for Authority Pursuant to Section 214 ofthe Communications Act of 1934, as Amended, for Authority to
Operate as an International Facilities—Based and Resale Carrier, File No. ITC—214—2000127—00027 (filed
Jan. 27, 2000) ("214 Application").

* Ameritech Communications, Inc. ("ACI") and Ameritech Mobile Communications, Inc. ("AMCI"),
which, like SBCS, are wholly—owned subsidiaries of SBC Communications Inc. ("SBC"), previously
notified the Commission of their affiliation with NetCom. See Ameritech Communications, Inc.
Notification ofForeign Affiliation Pursuant to Section 63.11 ofthe Commission‘s Rules and Ameritech
Mobile Communications Inc. Notification ofForeign Affiliation Pursuant to Section 63.11 ofthe
Commission‘s Rules (Filed Sept. 1, 1999) (attached hereto as Attachment A).


percent market share of the international transport, intercity facilities and services, and

local access markets in Norway. As such, NetCom is entitled to a presumption thatit

lacks market power in Norway, and SBCS is entitled to non—dominant carrier regulation

onthe U.S.—Norway route.

         As SBCSpreviously stated, its 214 Applicationis a companion to the application

of SBC Communications Inc. (SBC), Southwestern Bell Telephone Companyand SBCS

for authorization pursuant to section 271 ofthe Communications Act, 47 U.S.C. § 271, to

provide in—region, interLATA services in the State of Texas. On April 5, 2000, SBC

requested the Commission torestart the clock on its January Texas 271 Application, or,

in the alternative to treat its request as a new application. On April 6, 2000, the

Commission granted SRBC‘s alternative request to treat SBC‘s April 5 filing as a new

application," and opened a new docket to consider SBC‘s section 271 application, as

amended, for authority to provide in—region, interLATA service in the State of Texa,s.5

The Commission must decide the April Texas 271 Application by July 6, 2000. As SBCS

explained in its 214 Application, it must obtain authority to provide international services

at the same time it receives 271 authority for Texas to offer its customers a full




* Application at 1, citing Application ofSBC Communications Inc., Southwestern Bell Telephone Company,
and Southwestern Bell Communications Services, Inc. d/b/a Southwestern Bell Long Distance Pursuant to
Section 271 ofthe Telecommunications Act of 1996 to Provide In—Region, InterLATA Services in Texas, CC
Docket No. 00—4 (filed Jan. 10, 2000) ("January Texas 271 Application").

* Application ofSBC Communications Inc., Southwestern Bell Telephone Company, and Southwestern Bell
Communications Services, Inc. d/b/a Southwestern Bell Long Distance Pursuant to Section 271 ofthe
Telecommunications Act of 1996 to Provide In—Region, InterLATA Services in Texas, Order, CC Docket
No. 00—4, FCC 00—124 (rel. Apr. 6, 2000).

° Comments Requested on the Application by SBC Communications Inc. for Authorization Under Section
271 ofthe Communications Act to Provide In—Region, InterLATA Service in Texas, Public Notice, CC
Docket No. 00—65, DA 00—750 (rel. Apr. 6, 2000) ("April Texas 271 Application").


complement of interLATA services in Texas." Accordingly, SBCS reiterates its request

that the Commission grant its 214 Application to provide in—region international services

in Texas at the samme time that SBCS is legally permitted to provide in—region, interLATA

services in the State of Texas.‘

Supplemental Section 63.18 Information

         SBCS provides the following additional informationregarding NetCom in

accordance with section 63.18 of the Commission‘s rules, 47 C.F.R. § 63.18®:

(i1)     SBCS certifies that it is affiliated, as that term is defined in section 63.09 of the

Commission‘s rules, 47 C.F.R. § 63.09, with NetCom. Ameritech Corporation

("Ameritech"), a wholly—owned subsidiary of SBC Communications Inc. ("SBC"), holds

a 19.6 percentinterest in NetCom. Ameritech, through an indirect subsidiary, also holds

a 41.6 percent defacto controlling interest in Tele Danmark, which, in turn, holds a 20.39

percent interest in NetCom. Consequently, Ameritech, and therefore SBC, owns

indirectly 8.48 percent of NetCom through Tele Danmark (41.6% x 20.39% = 8.48%). In

sum, Ameritech (and therefore SBC) owns a 28.08 percent, non—controlling equity

interest in NetCom(8.48% + 19.6% = 28.08%). NetCom is a competitive wireless



6 214 Application at 1—2.

‘ SBCS anticipates that this amendment to its 214 Application to add NetCom to the list of foreign carriers
with which it is affiliated will not delay Commission action on the application because NetCom is a mobile
wireless carrier entitled to a presumption of non—dominance. The Commission itself has recognized that
affiliations with such a carrier generally does not raise any competitive issue, and therefore has accorded
streamlined processing to 214 applications where, among other things: (1) the applicant is affiliated with a
foreign carrier that owns only mobile wireless facilities in the destination market, or (2) the applicant
qualifies for a presumption of non—dominance under § 63.10(a)(3). 47 C.F.R. §§ 63.12(c)(1)(ii) and
63.12(c)(1)(iii). Both these conditions apply here.

8 SBCS notes that, since it filed its 214 Application, it has been granted authority to operate as a facilities—
based carrier in accordance with the provisions of Section 63.18(e)(1) of the Commission‘s rules and also to
provide resale service in accordance with the provisions of section 63.18(e)(2) of the rules between all out—
of—region points and Chile, South Africa and Switzerland. International Authorizations Granted, DA No.
00—768 (Apr. 6, 2000); FCC File No. ITC—214—200003—01—00125.


carrier authorized to provide GSM mobile telecommunications services in Norway.

NetCom has less than 50 percent market share ofthe international transport, intercity

facilities and services, and local access markets in Norway, and therefore lacks the ability

to affect competition adversely in the U.S. market.

(J)    Pursuant to section 63.18(j) of the Commission‘s rules, 47 C.F.R. § 63.18(j),

SBCS certifies that: (1) it is not a foreign carrier in Norway, (2) neither SBCS nor SBC,

its corporate parent, controls NetCom, and (3) no foreign carriers own more than 25

percent of SBCS.

(1) & (m)      NetCom has less than 50 percent market share in the international

transport, intercity facilities and services, and local access markets in Norway, which is a

member of the WTO. Accordingly, pursuant to section 63.10(a)(3) of the Commission‘s

rules, 47 C.F.R. § 63.10(a)(3), SBCS is entitled to a presumption of non—dominant

treatment on the U.S.—Norway route.

(n)    SBCS certifies that it has not agreed to accept special concessions, as defined in

section 63.14(b) of the Commission‘s rules, 47 C.F.R. § 63.14(b), 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, except as permitted by section 63.14.


       Conclusion

       For the foregoing reasons, SBCS respectfully requests the Commission to grant its

214 Application at the same time that SBCS is legally permitted to provide interLATA

services in the State of Texas under section 271 of the Communications Act, 47 U.S.C.

section 271.

                             Respectfully submitted,



                             ay       %M.p\
                                    Chrthopher M. Heimann
                                    Counsel for
                                    Southwestern Bell Communications Services, Inc.
                                    1401 I Street, N.W., Suite 400
                                    Washington, D.C. 20005
                                    (202) 326—8909

May 10, 2000


                                                                           ORIGINAL
                                           Before the                         RECE/
                   Fe lera‘ Communication: Coinmi: sion                                       VEU
                                  Washing on, C C. 20554                         Ep 0 1 1

Amcritech Commun catioi s, Inc.                   )                       %%%
Notification of                                   )                                %m wee,
Foreigr Affiliation                               )         ITC —96—2. 3
Pursua t to Section (3.11                         \_    Non—Stre imline      |‘CN—N wW—195:90901—00040
o4 e tCommission‘s Rule:                                A) ERITE 3%H CO| IMUNICATION S. INC



                NOTH |CATIUN OF AFFIL ATIO; WIIF FORE |GN C wRRIEE S

                 Amer tech ) fdobil :Communi ation , Inc. ("AM 2I"), Jursu; nt to

Sect or 63.11 of the Zomr ussioi‘s rulis, 47 C.F.R § 63 11, nc tifies the C ommission

that it } as acquired a new ; ffiliation wth an »ntity that i: a "fo eign carrier" as

defiiec by Section 64.09(c¢ ). AMCI is authc ized o res¢ll, on i non—domi iant

carrier »asis, the inte matio ial sv itched servi :es of unaff liated U.S. intern itional

carriers for the provi ion o ‘ inter aational sw :ched servic s ori. inating froin certain

U.S. pc ints and term natin, ; at al internation il poi its.‘

                As pr ‘viously rep arted to the Tomt iission, Ameritech Luxembourg

S.ar.l ("ALS"), an indirect subsidiary of Ameritech Corporation ("Aineritech"),

AMCI‘s parent corporation, acquired a minority interest in Tele Danmark A/S ("Tele




*              AMCI is authorized to provide international services originating from
        U.S. points except for the in—region states served by the Ameritech telephone
        operating companies.


 Danmark") and subsequently acquired de facto control of Tele Danmark.* Through

 ALS‘s acquisition of de facto control of Tele Danmark, AMCI became affiliated with

 Tele Danmark, a foreign carrier providing telecommunications services to the public

 in Denmark. Tele Danmark recently has acquired a 19.6 percent interest in NetCom

 ASA ("NetCom"). Ameritech, which holds a 41.6 percent interest in Tele Danmark,

 also has a 19.6 percent interest in NetCom. Accordingly, in compliance with Section

 63.11, AMCI certifies the following.

 1.        Identity of Foreign Carriers. Through ALS and Tele Danmark, AMCI

 became affiliated with NetCom, a wireless carrier authorized to provide wireless

 services in Norway, which is a WTO member country.* NetCom has approximately

 700,000 subscribers, which comprise about 30 percent ofthe Norwegian wireless

 market.

                   AMCI is authorized to resell the international switched services of

unaffiliated U.S. international carriers terminating at all international points,

 including Norway. See File No. ITC—96—243.




           See Ameritech Mobile Communications, Inc. Notification of Foreign
to




           Affiliation Pursuant to Section 63.11 of the Commission‘s Rules, filed Feb. 6,
           1998.

*          See Fourth Protocol to the General Agreement on Trade in Services
           ("GATS"), April 30, 1996, 36 LL.M. 366 (1997).

                                              2


2.      AMCI Ownership. AMCI is a Delaware Corporation with headquarters at

2000 West Ameritech Center Drive, Hoffman Estates, II             60196. AMCI is

wholly owned by Ameritech, a publicly traded Delaware            ration with

headquarters at 30 South Wacker Drive, Chicago, Illinoi          06. Through its

subsidiaries, Ameritech provides local exchange telepho          vices and other

communications services to the public. No individual or          r directly or indire

holds 10% or more of the stock of Ameritech. There are           arlocking director:

between AMCI and Tele Danmark or NetCom.

3.      Special Concessions. AMCI has not agreed to a            special concession

directly or indirectly from any foreign carrier or adminis{      . with respect to tr:

or revenue flows between the U.S. and any foreign count          1 AMCI will not er

into any such agreements in the future except, as permitt!       Section 63.14 of tt

Commission‘s rules, where such foreign carrier does not          is market power

sufficient to affect competition adversely in the U.S. mar

4.      Regulatory Status.

       (a)     Resale. Because AMCI provides its inter           al resale services

solely through the resale of unaffiliated U.S. carriers, pursuant to Section

63.10(a)(4), AMCI is entitled to a presumption of non—dominance with regard to its

resale operations.
                                           VJ


       (b)      Norway. Because NetCom is a wireless carrier with less than 50

percent market share of the local access and transport markets in Norway. it does not

have the ability to affect competition adversely in the U.S. market. Accoidinglv,

pursuant to Sections 63.11(d) and 63.10(a)(3), AMCI is entitled to a presumptic n of

non—dominant status on routes between the U.S. and Norway.

                Questions regarding this notification should be addressed to AMCI‘s

communications counsel: Antoinette Cook Bush, at Skadden, Arps, Slate, Meazher

& Flom LLP, 1440 New York Avenue, NW., Washington, D.C. 20005; »shone

202—371—7000.

                                            Respectffilly submitted,


                                                (7       )}/(/\y"         y
                                              hr
                                               istppher Heimann                         \
                                            Coinsel for Ameritech Mobil :
                                            Conmunications, Inc.



September 1, 1999


                                                                               INAL 41
                                                                     OlinedRIGFCN—N
                                                            Non—Stream              EW—19990901—000
                                            Before the      AMERMTECH COMMUNICATIONS. INC
                    Federal To mur icat »
                                   Wa hingtw i D.C.
                                                                                  ~    0j
Amer tec h Communications Inc.                                       Fay




                                                   N
Notifi :at on of                                             [ITC—95—44"  4 cnelne.,        00




                                                   N/A
                                                                         %o;"m?ms
Forei; n . iffiliation                                       [TC—95—27.




                                                   N/ NNA
                                                                               %m              "aigs,
Pursu int to Section 63.11                                   [TC— 7—288
of the C¢ mmission‘s Rules




                 NOTIFICATIO® OF A FILIL NION_ ATH] OREIK NCA RIERS


                 Ameritech C¢© mmu iicati ns, I1 s. ("#4 CI"), sursu nt to Sectic n 63. 1

of the C¢ mmission‘s rules, 47 C.F R. § (3.11, iotifi s the Zomr issi0oi1 that t has

acqui: ed a new affiliation with an ‘ntity :hat 1: a "fc eign sarriel ‘ as d »fined by

Secticn ¢€3.09(d). ACI is authoriz d to: i) res ‘I1, or a nor —dom rant carrier basis,

the in en ational switched service: of ur iffilia ed U . int rnatic aal cerriers for th :

provicior of international switche serv zes of ginat ag frc m ce ain UL.S. pc nts ai d

termii ati ig at all international poi its; (i ) prov ide 1i rited zlobal resali: servi :es,

excluding Hungary; and (i1) opera > as a facili ies—b; sed c rrier for conmun cations

terminating at international points excluding Hungary.‘




1
        ACI is authorized to provide international services originating from U.S.
        points except for the in—region states served by the Ameritech telephone
        operating companies.


                  As previously reported to the Commission, Ameritech Luxembourg

 S.ar.1 ("ALS"), an indirect subsidiary of Ameritech Corporation("Ameritech"), ACTI‘s

 parent corporation, acquired a minority interest in Tele Danmark A/S ("Tele

 Danmark") and subsequently acquired de facto control of Tele Danmark.* Through

 ALS‘s acquisition of de facto control of Tele Danmark, ACI became affiliated with

 Tele Danmark, a foreign carrier providing telecommunications services to the public

 in Denmark. Tele Danmark recently has acquired a 19.6 percent interest in NetCom

 ASA (‘NetCom"). Ameritech, which holds a 41.6 percent interest in Tele Danmark,

 also has a 19.6 percent interest in NetCom. Accordingly, in compliance with Section

 63.11, ACI certifies the following.

 L.        Identity of Foreign Carriers. Through ALS and Tele Danmark, ACI

became affiliated with NetCom, a wireless carrier authorized to provide wireless

 services in Norway, which is a WTO membercountry." NetCom has approximately

 700,000 subscribers, which comprise about 30 percent of the Norwegian wireless

 market.




           See Ameritech Communications, Inc. Notification of Foreign Affiliation
ty




           Pursuant to Section 63.11 of the Commission‘s Rules, filed Feb. 6, 1998.

           See Fourth Protocol to the General Agreement on Trade in Services
           ("GATS"), April 30, 1996, 36 LL.M. 366 (1997).

                                             2


                ACTI is authorized to resell the international switched services of

unaffiliated U.S. international carriers terminating at all international points,


including Norway. See File No. ITC—96—272. ACI is also authorized to resell

private line services for the provision of international basic switched services to

permitted countries and non—interconnected private line services to all foreign

destinations except Hungary. See File No. ITC—96—441. In addition, ACI is

authorized to operate as a facilities—based carrier for communications terminating in

Norway and other international points, excluding Hungary. See File No. ITC—97—289.

2.      ACI Ownership. ACI is a Delaware Corporation with headquarters at 9525

West Bryn Mawr, Rosemont, Illinois 60018. ACI is wholly owned by Ameritech, a

publicly traded Delaware corporation with headquarters at 30 South Wacker Drive,

Chicago, Illinois 60606. Through its subsidiaries, Ameritech provides local

exchange telephone services and other communications services to the public. No

individual or entity directly or indirectly holds 10% or more of the stock of

Ameritech. There are no interlocking directorates between ACI and Tele Danmark

or Netcom.

3.     Special Concessions. ACI has not agreed to accept special concessions

directly or indirectly from any foreign carrier or administration with respect to traffic

or revenue flows between the U.S. and any foreign country and ACI will not enter

into any such agreements in the future except, as permitted by Section 63.14 of the
                                           uJ


Commission‘s rules, where such foreign carrier does not possess market power

sufficient to affect competition adversely in the U.S. market.

4.     Regulatory Status.

       (a)     Resale. Because ACI provides its interna ional resale services solely

through the resale of unaffiliated U.S. carriers, pursuant to Section 6: .10(a(4), ACI

is entitled to a presumption of non—dominance with regar 1i to its resals operations.

       (b)     Norway. Because NetCom is a wireless carrier with l2ss thain 50

percent market share of the local access and transport ma kets in Norway, i: does not

have the ability to affect competition adversely in the U.S. market. Accordingly,

pursuant to Sections 63.11(d) and 63.10(a)(3), ACI is ent tled to a presump ion 01

non—dominant status on routes between the U.S. and Nonvay.


                Questions regarding this notification should be addressed to ACI‘s

communications counsel: Antoinette Cook Bush, at Skadden, Arps, Slate, Meagher

& Flom LLP, 1440 New York Avenue, NW., Washington, D.C. 20005; phone:

202—371—7000.




                                               Viobe to
                                             Respegtfully submitted,




                                            Christogher Heimann
                                            Counsel for Ameritech Communications, Inc.

September 1, 1999


                             CERTIFICATE OF SERVICE

       I, Claudia L. Lucas, do hereby certify that a copy of SBC‘s Amendment to _
Application for Authority Under Section 214 of the Communications Act of 1934, as
Amended, has been served onthe parties below via hand delivery on this 10°" day of May
2000.

J. Beck Blalock, Chief                        Margaret Egler, Assistant Chief
Policy & Facilities Branch                    Policy and Program Division
International Bureau                          Common Carrier Bureau
Federal Communications Commission             Federal Communications Commission
445 12"" Street, SW, 6 Floor                  445 12" Street, SW, 5°" Floor
Washington, D.C. 20554                        Washington, D.C. 20554

Justin Connor                                 Carol Ann Bishoff
Policy & Facilities Branch                    Competitive Telecommunications
International Bureau                          Association
Federal Communications Commission              1900 M Street, NW, Suite 800
445 12"" Street, SW, 6 Floor                  Washington, D.C. 20036
Washington, D.C. 20554
                                              Robert J. Aamoth
Susan O‘Connell                               Todd D. Daubert
Policy & Facilities Branch                    Kelley Drye & Warren LLP
International Bureau                           1200 19" Street, NW, Suite 500
Federal Communications Commission             Washington, D.C. 20036
445 12"" Street, SW, 6°" Floor
Washington, D.C. 20554

Michele Carey, Chief
Policy and Program Division
Common Carrier Bureau
Federal Communications Commission
445 12" Street, SW, 5 Floor
Washington, D.C. 20554




                                                      Claudia L. Lucas


                                                                 ue unrevun is uincsry


WILEY, REIN & FIELDING                                                                                                         No.                  126356
             1776 K Street, N.W.
         Washington, DC 20006                                                                                  Date                              Amount
            Operating Account                                                                          05/10/2000                    |***********780.00

            Pay            __Seven Hundred Eighty and No/100 Dollars ONLY

   To the
 Order of                  FcC


                                                                     cucsu, Peap 4css
                                                                    Washington, DC 20008
                                                                         r;s;_‘:nm/w                 (TwoS%g)‘mRoquimd For‘or Amounts Amounts Over $1,000.00)
                                                                                                                                                      $1,000.


                                 " 4263561‘ ©05400 42046                           ©#00000370 2987




Nfamnmimansananin.t"                                                                                                          No.                  126356
   FCC                                                                                                                         Check Date            _O05/10/2000

   Description                                        Date         Invoice No.             Amount of Invoice                Discount                    _ Net
   FORM 214                                       05/10/2000                                        780.00                          & 00                780.00

                                                                                                                           Total                        780.00




lt >                                          WILEY, REIN & FIELDING
Detach before depositing
                                                     Operating Account



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