Attachment 20170829094916-290.p

20170829094916-290.p

SUPPLEMENT

Supplement

2006-10-16

This document pretains to ITC-MOD-20061016-00567 for Modification on a International Telecommunications filing.

IBFS_ITCMOD2006101600567_1621340

Streamiingd ITC—MOD—20061016—00567 TELUS Corporation RECEIVED & INSPECTED OCT 1 6 2006 Before The FCC — MAILROOM FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Application of TELUS Corporation File No. _ For Modification of a Section 214 Authorization from Dominant to Non— Dominant Status on the U.S. — Dominican Republic Route, the U.S. — Gibraltar Route, and U.S. — Venezuela Route. APPLUICATION Pursuant to Section 63.13 of the Rules of the Federal Communications Commission ("Commission"),‘ TELUS Corporation ("TELUS" or "Applicant") hereby submits this application and requests modification to its regulatory classification inits current Section 214 authorization (the "Application"). Specifically, by this Application, TELUS requests that the Commission remove its dominant status and reclassify TELUS as non—dominant on the following three routes: (1) U.S. — Dominican Republic; (2) U.S. — Gibraltar; and (3) U.S. — Venezuela (the "Routes"). TELUS submits that it meets the requirements for classification as non—dominant on the above—identified Routes. TELUS is not a foreign carrier on the foreign end of the Routes nor is it affiliated with a foreign carrier on these Routes. As such, under Section 63.10 of the Commission‘s Rules," there is a presumption of non—dominant status on the Routes. 1 47 C.F.R. § 63.13. 2 47 C.F.R. § 63.10.

I. APPLICANT®S CONTACT INFORMATION Please direct all inquiries regarding this Application to TELUS at the following addresses: Erin Emmott Senior Regulatory Legal Counsel—US/Offshore Telecom Policy & Regulatory Affairs TELUS 21 10020 100" Street, NW Edmonton, AB CANADA TSJ ONS 780.628.4662 (Canada) 202.536.3160 (U.S.) 202.536.5199 (Fax) Erin.Emmott@TELUS.com and David L. Rice Miller Nash LLP 4400 Two Union Square 601 Union Street Seattle, WA 98101 206.777.7424 (direct) 206.622.7485 (fax) david.rice@millernash.com IL BACKGROUND REGARDING THIS APPLICATION TELUS is a holding company with interests in telecommunications companies that provide local and long distance service in Canada." TELUS currently holds a Section 214 authority to provide global facilities—based and resold services and switched and private line services in the United States.* TELUS does not provide telecommunications service under the 5 See www.TELUS.com for additional information. * See FCC File No. ITC—214—20030718—00362, Report No. TEL—00700, DA 03—2650 (rel. Aug. 14, 2003). TELUS also holds two additional active Section 214 authorizations. See FCC File Nos. ITC—214—19980921—00660 and ITC—214—20000417—00267. Concurrent with this filing, TELUS is requesting permission to surrender two additional active Section 214 authorizations.

Section 214 authority directly. Rather, pursuant to Section 63.21(i) of the Commission‘s Rules," TELUS provides all U.S. international and interstate services under its Section 214 authority through its subsidiaries." On all routes except the three above identified Routes, the Commission regulates TELUS as non—dominant due to a lack of market power in the relevant foreign markets. In 2003 when TELUS obtained its current Section 214 authority, Verizon Communications Inc. ("Verizon") indirectly held 25.4% of TELUS® voting stock, exceeding the Commission‘s 25% threshold for affiliation under Section 63.09 of the Commission‘s Rules.‘ Verizon has an interest in several foreign carriers, including interests in the following carriers with market power on the foreign endof the Routes: CODETEL, C.POR A., which provides domestic and international telecommunications services in the Dominican Republic; Gibraltar Telecommunications International Limited, the monopoly provider of international telecommunications services in Gibraltar; Gibraltar NYNEX Communications Ltd.; and Companiia Anonima Nacional Telefonos de Venezuela, which provides domestic and international telecommunications services in Venezuela; (collectively the "Verizon Foreign Affiliates"). Based on this affiliation with Verizon andthe Verizon Foreign Affiliates, the Commission classified TELUS as dominant on the Routes.‘ Subsequently, on December 14, 2004, Verizon sold all of its ownership interest in TELUS voting stock, eliminating any affiliation with Verizon or with the Verizon Foreign * 47 C.F.R. § 63.21(i). $ The subsidiaries include the following entities: TELUS Services Inc., TELUS Enterprises Inc., TELUS Communications (Quebec) Inc., TELUS Solutions (Quebec) Inc., and TELUS Communications Company G.P. 4 47 C.F.R. § 63.09 (noting that "[t)wo entities are affi/iated with each other if one of them, or an entity that controls one of them, directly or indirectly owns more than 25 percent of the capital stock of, or controls, the other one.") 8 See Public Notice, Report No. TEL—00700, DA No. 03—2650 (rel. Aug. 14, 2003). s3=

Affiliates. Due to this change, TELUS no longer aolds any dominent po :ition on the Routes. As such, classi iciaticn of TELUS as dominant on the Routes is no longer rec uired III, TEJI.USMEET‘S THE PEQUIREMMEN]‘S FC R REMOVAL |)F N JN—DO UINZL.NT Modific ation of a Section 214 autharity irom cominant to non—c omiran status on specified routes i: appr opriate if the applicant can demonstrat : that it qu: lifies for non— doinit ant classific:ticn under Section 63.1 ) of the Co:nmiscion‘s Rules." Specificilly, Section 63.10 states: A U S. carrier that has no affiliation with, ind that itself is not, a : oreig i carrtier in a pa ticulir cou itry to which it provides service (i.e., :. destination| coutry) sha 1 pres imptively te considered non—do:ninant for t 1e prc vision of it terna ional com munication ; services on that rou:e.‘" As such, a carrtier is sntitled to a aresuumptio 1 that it is non—do ninant on ; spec fic route sc long as (1) it is not :i fore: gn carrier o1 the foreignn end of tha: route and (2) ha ; no a filiatior with a foreign carr er on thiit route. Because Verizon ias divestec itsel! of its ownership intert st, TLLUS is no lor ger affiliated with sither Verizon or the Verizon Forei zn Afiliates. TELUS s entiled to a presumption: tk at t i; non—domin int because it is r ot a foreigr carrier anc does not have an affiliation with a ‘oreign carrier in the Dominican Republic, C ibraltar or Venezuela (the destination countries). Accordingly, TELUS meets the requirements for presumption of non— dominant classification on the Routes. TELUS respectfully requests that the Commission modify 9 See 47 C.F.R. § 63.13. See also In the Matter of Application of IDB Mobile, Inc. for Modification of Regulatory Status from Dominant to Non—Dominant for International Communications Services on all Routes except Canada, Order, DA 96—1469, 11 FCC Red 10161 (1996)(holding that the Commission will reclassify a carrier from dominant to non—dominant on a particular route under the Commission‘s streamlined procedures if the carrier has no affiliation with a foreign carrier on that route). 10 47 C.F.R. § 63.10(a)(1). 4.

its current Section 214 authority to reflect the change in status from dominant to non—dominant on the Routes. IV. CERTIFICATION The Applicant‘s Anti—Drug Abuse Act certification, as required under section 63.18(0) of the Commission‘s Rules‘‘ is attached as Exhibit A. The Applicant‘s certification of the facts contained in this application is attached as Exhibit B. ¥. CONCLUSION For the foregoing reasons, TELUS respectfully requests that the Commission grant this Application. Respectfully submitted, MILLER NALxSHZ:Qfi David L. Rice Miller Nash LLP 4400 Two Union Square 601 Union Street Seattle, Washington 98101—2352 o. 19/vjod Counsel for TELUS Corporation N 47 C.F.R. § 63.18(0).

EXHIBIT A ANTI—DRUG ABUS!! ACT CERTIFICATION Answer YES if all parties to the application are in compliance with Sectio 1 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. Section 862, the federal law which ; ro ids federal and state court judges the discretion to deny federal benefits to indivicua‘ s convictec of offenses consisting of the distribution of controlled substances. For a definiticn of "paty"‘ for these purposes, see 47 C.F.R. Section 1.2002(b). See also Amendment ofPart 1 of‘he Commission‘s Rules to Implement Section 5301 ofthe Anti—Drug Abuse Act 0, 1984 , 6 FCC Red 7551, 57 Fed. Reg. 00186 (1991). X YES NO By checking yes, the applicant certifies that, in the case of an individual applizar t, he or she is not subject to a denial of federal benefits that includes FCC benefits pursuant to Secticn {3C1 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. 862, or, in the case of a non—indivicua. appl ca it (e.g., corporation, partnership or other unincorporated association), no party to th e :pplication is subject to a denial of federal benefits that includes FCC benefits pursuant to that secticn. Fo : the definition of a party for these purposes, see 47 C.F.R. Section 1.2002(b). TELUS Corporation Name of Applicant card¥lton Signature and Pat CJjJamet 7nC Printed Name of Person Signing Execa_tmwe Vice ez aAcc—t, C« essertes. Ext Een t, Title

EXHIBIT B CERTIFICATION On behalf of TELUS Corporation, I certify that the statements made in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. indLt Signature U sJAmETt e 15 Printed Name of Person Signing E)(EC'-L/\ y t \/“(.,/c", : (?'C'“>\ c{“:‘\+ 3 (U xt« te. stt Cenm~ Title 1 se 1(3 _ LexcAL.s Date


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