Attachment Americas Section 214 ITC-MOD-20190306-00086

Attachment Americas Section 214

This document pretains to ITC-MOD-20190306-00086 for Modification on a International Telecommunications filing.

IBFS_ITCMOD2019030600086_1634509

Before the
FEDERAL COMMUNICATIONS COMMISSION

In the Matter of )
)
American Telephone and Telegraph ) File No. ITC-214-19930103-00258
Company, et al., ) (Old File No. ITC-93-030)
)
The Americas I Submarine Cable System )

APPLICATION FOR MODIFICATION OF SECTION 214 AUTHORITY

The Americas I Consortium, pursuant to Section 63.18(e)(3) of the Commission’s Rules,

hereby requests the Commission to modify the Section 214 authority previously granted to

construct and operate the Americas I Cable System to include Atlantic Telecommunication

Operating Company Limited (“ATOC”) and TA Resources N.V. (“TA Resources”) as licensees.1

This application is submitted in connection with the concurrently filed cable landing license

application to authorize the continued operation of the Americas I Cable System after the existing

landing license for the cable expires on September 1, 2019.2 ATOC and Servicio di

Telecommunicacion di Aruba (SETAR) N.V., the 100% parent of TA Resources, are applicants

for the renewed cable landing license for Americas I. ATOC and TA Resources seek Section

63.18(e)(3) authority to own and operate this common carrier facility.

1
The Americas I Cable System commenced operation as a common carrier cable on September 1,
1994, pursuant to the cable landing license and section 214 authorization granted on July 13, 1993.
See American Telephone & Telegraph Company, et al., 8 FCC. Rcd. 5041 (1993) (Cable Landing
License) & id., 8 FCC Rcd. 5287 (1993) (Section 214 authorization). The international segments
of Americas I were retired in June 2009. See Public Notice, Actions Taken Under the Cable
Landing License Act, 24 FCC Rcd. 7051 (2009). Since that time, only the domestic segment of
Americas I, linking the U.S. Mainland and St. Thomas in the U.S. Virgin Islands, has continued in
operation. Id.
2
See The Americas I Submarine Cable System Operating between the United States Mainland
and St. Thomas in the U.S. Virgin Islands, File No. SCL-LIC-19921110-00002, filed March 6,
2019.

The continued operation of the Americas I Cable System will serve customers in the United

States by providing bandwidth capacity for broadband traffic between the U.S. Mainland and the

U.S. Virgin Islands with connections to international routes serving the Caribbean and Central and

South America. As stated in the application for the renewed cable landing license, the continued

operation of this cable is overwhelmingly in the public interest by continuing to help meet the

demand for voice, data and Internet traffic, provide important facilities-based competition, and

enhance service quality, increase resiliency, and decrease latency on the above routes. The same

reasons support the grant of this application.

Information requested by 47 C.F.R. § 63.18. The information requested by 47 C.F.R. §

63.18 of the Commission’s rules for each applicant can be found in the attached appendices as

follows:

APPENDIX A: TA Resources N.V.

APPENDIX B: Atlantic Telecommunication Operating Company Limited

U.S. Departments of State, Commerce, and Defense. A complete copy of this application

has been sent to the U.S. Departments of State, Commerce, and Defense. Such service is certified

in the certificate of service attached to this application.

2

APPENDIX A – TA RESOURCES N.V.

TA Resources N.V. (“TA Resources”) is a wholly-owned subsidiary of Servicio di

Telecomunicacion di Aruba (SETAR) N.V. (“SETAR”), the incumbent local exchange carrier in

Aruba. In turn, SETAR is wholly-owned by the Government of Aruba and overseen by the

Ministry of Telecommunications. TA Resources and SETAR provide a wide array of facilities-

based wireline and wireless telecommunications services to end-users in Aruba, including

residential and business customers.

INFORMATION REQUIRED BY 47 C.F.R. § 63.18, 47 C.F.R. § 63.18

(1) Information requested by Section 63.10(a):

The name, address and telephone number of the applicant:

TA Resources N.V.
Seroe Blanco 29-A
Oranjestad, Aruba
Tel: +297 (525) 1000

(2) Information requested by Section 63.10(a):

The Government, State, or Territory under the laws of which each corporate or

partnership applicant is organized:

TA Resources is organized under the laws of Aruba.

(3) Information requested by Section 63.10(a):

The name, title, post office address, and telephone number of the officer and any other

contact point, such as legal counsel, to whom correspondence concerning the application is to be

addressed:

Alvin Boekhoudt
Legal Counselor
TA Resources N.V.

Seroe Blanco 29-A
Oranjestad, Aruba
Tel: +297 (525) 1405
alvin.boekhoudt@setar.aw

With a copy to:

Ulises Pin
Patricia Cave
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue, NW
Washington, D.C. 20004
Tel: (202) 739-3000
Fax: (202) 739-3001
ulises.pin@morganlewis.com
patricia.cave@morganlewis.com

(4) Information requested by Section 63.18(e)(3)

A statement as to whether the applicant has previously received authority under Section

214 of the Act and, if so, a general description of the categories of facilities and services

authorized:

TA Resources holds international Section 214 authority to provide global facilities-based

and resale services, including services between the U.S. and Aruba. See TA Resources N.V., 26

FCC Rcd. 15978 (2011).

(5) Certification and Information requested by Section 63.18(e)(3)

A description of the facilities for which the applicant seeks authorization:

TA Resources requests Section 214 authority to construct, own, and operate capacity in

the Americas I Cable System and to exercise all other authority granted to the Joint Applicants in

American Telephone and Telegraph Co. et al., 8 FCC Rcd. 5287 (1993), and subsequent orders.

TA Resources certifies pursuant to Section 63.18(e)(3), 47 C.F.R. § 63.18(e)(3), that it

will comply with the terms and conditions contained in Sections 63.21 and 63.22 of the

Commission’s rules, 47 C.F.R. §§ 63.21 & 63.22.

2

(6) Information Requested by Section 63.18(h)

Each person or entity that directly or indirectly owns 10% or more of the equity of the

applicant:

Name Address Citizenship Principal Business Percentage of
or Country Equity Held
Servicio di Seroe Blanco 29-A Aruba Telecommunications 100%
Telecomunicacion Oranjestad, Aruba
di Aruba (SETAR)
N.V.
Government of Smith Boulevard Kingdom Government 100% of
Aruba 72 of the SETAR
Oranjestad, Aruba Netherlands

Except as stated above, no other person or entity holds a 10% or greater ownership or

voting interest in TA Resources.

Interlocking directorates: Z. Roland Croes, a Director of TA Resources, is also a

Director of Servicio di Telecomunicacion di Aruba (SETAR) N.V., which is authorized to

provide telecommunications services to the public in Aruba.

(7) Certification Requested by Section 63.18(i)

TA Resources certifies pursuant to Section 63.18(i), 47 C.F.R. § 63.18(i), that it is

affiliated with Servicio di Telecomunicacion di Aruba (SETAR) N.V., which is authorized to

provide telecommunications services to the public in Aruba.

(8) Certification Requested by Section 63.18(j)

Based on its understanding that the certification requested by 47 C.F.R. Sect. § 63.18(j)

refers only to applications to land or operate a submarine cable connecting the United States to a

foreign country, and because this application seeks to renew the cable landing license for a cable

connecting only U.S. points, TA Resources certifies that it does not seek to land or operate a

submarine cable connecting the United States to any country for which any of the statements

3

listed in 47 C.F.R. § 63.18(j) (1)-(4) is true. If TA Resources is mistaken in its understanding of

the scope of this certification, it will amend this certification to any extent that may be necessary

to reflect that different scope.

(9) Certification requested in Section 63.18(n)

TA Resources certifies pursuant to Section 63.18(n), 47 C.F.R. § 63.18(n), that it has not

agreed to accept special concessions 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.

(10) Certification requested by Section 63.18(o)

TA Resources certifies pursuant to sections 1.2001 through 1.2003 of the Commission’s

rules, 47 C.F.R. §§ 1.2001-1.2003, that it is not subject to a denial of Federal benefits pursuant to

Section 5301 of the Anti-Drug Abuse Act of 1988.

4

APPENDIX B – ATLANTIC TELECONNECTION OPERATING COMPANY LIMITED

ATOC (Atlantic Teleconnection Operating Company Limited) is a 100% indirectly owned

subsidiary of GTT (Guyana Telephone and Telegraph Ltd). GTT provides wireless and wireline

telecommunications to the nation of Guyana.

INFORMATION REQUIRED BY 47 C.F.R. § 63.18, 47 C.F.R. § 63.18

(1) Information requested by Section 63.10(a):

The name, address and telephone number of the applicant:

Atlantic Teleconnection Operating Company Limited
Commerce House, Wickhams Cay 1, POB 3140, Road Town
Tortola, British Virgin Islands
VG111TBC

(2) Information requested by Section 63.10(a):

The Government, State, or Territory under the laws of which each corporate or

partnership applicant is organized:

British Virgin Islands

(3) Information requested by Section 63.10(a):

The name, title, post office address, and telephone number of the officer and any other

contact point, such as legal counsel, to whom correspondence concerning the application is to be

addressed:

Christopher Pepper
c/o ATOC
500 Cummings Center, Suite 2450
Beverly, MA 01915
(561) 414-5543

With a copy to:

ATN International, Inc.

Attn: Mary Mabey, General Counsel
500 Cummings Center, Suite 2450
Beverly, MA 01915
(978) 619-1300

(4) Information requested by Section 63.18(e)(3)

A statement as to whether the applicant has previously received authority under

Section 214 of the Act and, if so, a general description of the categories of facilities and

services authorized:

ATOC Affiliates That Type of Section 214
IBFS File No.
Hold 214 Authorizations Authorization
Choice Communications, ITC-214-19971201-00749 global resale international
LLC telecommunications services
Choice Communications, ITC-214-20021219-00604 global facilities-based and
LLC global resale international
telecommunications services
Commnet Wireless, LLC ITC-214-20081113-00496 global facilities-based and
global resale international
telecommunications services
EssexTel, Inc. ITC-214-20110303-00065 global facilities-based and
global resale international
telecommunications services
SAL Spectrum, LLC ITC-214-20091123-00501 global facilities-based and
global resale international
telecommunications services
DTR Holdings, LLC ITC-214-19990330-00206 global facilities-based and
global resale international
telecommunications services
Vitelcom Cellular, Inc. ITC-214-19930312-00048 switched resale international
d/b/a Innovative Wireless telecommunications services
Vitelcom Cellular, Inc. ITC-214-19990330-00207 global facilities-based and
d/b/a Innovative Wireless global resale international
telecommunications services
Innovative Long N/A blanket domestic Section 214
Distance, Inc. authority
under 47 C.F.R. § 63.01
Virgin Islands Telephone N/A blanket domestic Section 214
Corporation d/b/a authority
Innovative Telephone under 47 C.F.R. § 63.01

2

(5) Certification and Information requested by Section 63.18(e)(3)

A description of the facilities for which the applicant seeks authorization:

ATOC requests Section 214 authority to construct, own, and operate capacity in the

Americas I Cable System and to exercise all other authority granted to the Joint Applicants in

American Telephone and Telegraph Co. et al., 8 FCC Rcd. 5287 (1993), and subsequent orders.

ATOC certifies pursuant to Section 63.18(e)(3), 47 C.F.R. § 63.18(e)(3), that it will

comply with the terms and conditions contained in Sections 63.21 and 63.22 of the

Commission’s rules, 47 C.F.R. §§ 63.21 & 63.22.

(6) Information Requested by Section 63.18(h)

Each person or entity that directly or indirectly owns 10% or more of the equity of the

applicant:

Name Address Citizenship Principal Percentage of
or Country Business Equity Held
Atlantic Commerce House, British Telecom 100% of
Teleconnection Wickhams Cay 1, Virgin ATOC
Holdings POB 3140, Road Islands
Company Limited Town, Tortola,
(“ATHC”) British Virgin
Islands, VG111TBC
GTT International 79 Brickdam Barbados Telecom 100% of
Service SRL Georgetown, ATHC
(“GTT SRL”) Guyana

Guyana 79 Brickdam Guyana Telecom 100% of
Telephone and Georgetown, GTT SRL
Telegraph Ltd Guyana

Hong Kong Room 2801A, Lippo Hong Kong Telecom 20% of GTT
Golden Telecom Centre, Tower 1, 89
Company Limited Queensway, Hong
(“HKGT”)* Kong

3

ATN 500 Cummings USA Telecom 80% of GTT
International, Inc. Center, Suite 2450,
(“ATNI”) Beverly, MA 01915
Cornelius B. Prior P.O. Box 12030 USA Retired 27.4% of
Jr. St. Thomas, ATNI
U.S. Virgin Islands
00801
*ATOC was informed by representatives of HKGT in May 2018 that HKGT is 100% owned by Datang
Telecom International Technology (Hong Kong) Co., Ltd. (“DTIT”) and that DTIT is indirectly
controlled, but not wholly owned, by China Academy of Telecommunications Technology. ATOC does
not have any additional information about HKGT’s ultimate ownership.

Except as stated above, no other person or entity holds a 10% or greater ownership or voting

interest in ATOC.

Interlocking directorates: See below.

Director or Officer Role w ATOC Role w Other Foreign Carrier
Director, Guyana Telephone & Telegraph
Brad Martin Director & CEO Company, Ltd. (“GTT”)
Vice President, One Communications, Ltd.
Director & Assistant Director & Secretary, GTT
Mary Mabey
Secretary
Director, GTT
John Audet Director

Justin Nedd CFO & Treasurer President & CEO, GTT
Vice President & Asst. Vice President & Asst Treasurer, GTT
Domenic Micale
Treasurer
Vice President& Asst. Vice President & Asst Treasurer, GTT
Michele Satrowsky
Treasurer

(7) Certification Requested by Section 63.18(i)

ATOC certifies pursuant to Section 63.18(i), 47 C.F.R. § 63.18(i), that it is affiliated with

the following foreign carriers:

Countries in which carrier is authorized
Name of the affiliated carrier
to provide telecommunications services to

4

the public
Bermuda Digital Communications Ltd. Bermuda
Cable Co. Ltd. Bermuda
Cedar Cable Ltd. Bermuda
Guyana Telephone and Telegraph Ltd. Guyana
One Communications Ltd. Bermuda
WestTel Limited, d/b/a Logic Cayman Islands

(8) Certification Requested by Section 63.18(j)

Based on its understanding that the certification requested by 47 C.F.R. Sect. § 63.18(j)

refers only to applications to land or operate a submarine cable connecting the United States to a

foreign country, and because this application seeks to renew the cable landing license for a cable

connecting only U.S. points, ATOC certifies that it does not seek to land or operate a submarine

cable connecting the United States to any country for which any of the statements listed in 47

C.F.R. § 63.18(j) (1)-(4) is true. If ATOC is mistaken in its understanding of the scope of this

certification, it will amend this certification to any extent that may be necessary to reflect that

different scope.

(9) Certification requested in Section 63.18(n)

ATOC certifies pursuant to Section 63.18(n), 47 C.F.R. § 63.18(n), that it has not agreed

to accept special concessions 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.

(10) Certification requested by Section 63.18(o)

ATOC certifies pursuant to sections 1.2001 through 1.2003 of the Commission’s rules, 47

C.F.R. §§ 1.2001-1.2003, that it is not subject to a denial of Federal benefits pursuant to Section

5301 of the Anti-Drug Abuse Act of 1988.

5

Document Created: 2019-03-06 16:18:33
Document Modified: 2019-03-06 16:18:33

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