Application Form [pdf]

This document pretains to ITC-STA-20060713-00347 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2006071300347_509848

                                                                                                             Approved by OMB
                                                                                                                    3060−0686


                       INTERNATIONAL SECTION 214 SPECIAL TEMPORARY AUTHORITY APPLICATION
                                              FOR OFFICIAL USE ONLY

             APPLICANT INFORMATION Enter a description of this application to identify it on the main menu:
 Pursuant to Section 63.25 of the Commission’s rules, Babcock & Brown Capital Limited (’BCM’) and eircom Group, plc (’eircom’)
seek special temporary authorization for sixty (60) days, commencing July 19, 2006, to transfer control over North American
Communications Limited, which holds two international Section 214 authorizations (ITC−214−19981001−00862 and
ITC−214−19981015−00711), from eircom to BCM. BCM and eircom already have jointly filed an application seeking Commission
approval of the transfer of control. See FCC File No. ITC−T/C−20060613−00311.
1. Applicant

         Name:          Babcock & Brown Capital Limited Phone Number:                  061 (0) 2 9229 1800
         DBA Name:                                       Fax Number:                   061 (0) 2 9231 5619
         Street:        Level 39, The Chifley Tower, 2   E−Mail:                       robert.topfer@babcockbrown.com
                        Chifley Square
                        Sydney
         City:                                           State:
         Country:       Australia                        Zipcode:                      −
         Attention:     Mr. Robert Topfer




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2. Contact

          Name:            Raymond G. Bender, Jr.               Phone Number:         202−776−2758
          Company:         Dow Lohnes PLLC                      Fax Number:           202−776−2222
          Street:          1200 New Hampshire Ave., NW          E−Mail:               rbender@dowlohnes.com
                           Suite 800
          City:            Washington                           State:                DC
          Country:         USA                                  Zipcode:              20036   −
          Contact Title:                                        Relationship:         Legal Counsel


    3. Place of Incorporation of ApplicantAustralia
 4. Other Company(ies) and Place(s) of Incorporation
eircom Group, plc is incorporated in the United Kingdom
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))




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     TYPE OF REQUEST
     6.       New Request          Extend STA Date           Other              7. Date Authorization Needed:07/19/2006


8.            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):

9. Description of Special Temporary Authority Requested.
(If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.)
                         Pursuant to Section 63.25 of the Commission’s rules, Babcock & Brown
                         Capital Limited (’BCM’) and eircom Group, plc (’eircom’) seek special
                         temporary authorization for sixty (60) days, commencing July 19, 2006,
                         to transfer control over North American Communications Limited, which


10. In Attachment 1, provide justification of need for special temporary authority requested.


11. If this request for Special Temporary Authority is associated with any pending applications filed with the Commission, enter either the file
number [e.g., ITC−214−19930101−23412] or the IB Submission ID of the pending application [e.g., IB200311111] AND go to question 16.)
File Number ITCT/C2006061300311 or Submission ID
Applicant certifies that its responses to questions 11 through 17 are true:

    12. 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).




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13. Does the applicant seek authority to provide service to any destination described in paragraphs (1) through (4)          Yes            No
of Section 63.18(j)? If yes, list those destinations in Attachment 1 as a response to question 12.



14. Does the applicant seek authority to provide service to any destinations other than those listed in response to          Yes            No
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.



    15. [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.



    16. In Attachment 1, respond to paragraphs (d), (e)(3) and (g) of Section 63.18.



17. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is              Yes            No
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.



18. By checking Yes, the applicant certifies that it has not agreed to accept special concessions directly or                Yes            No
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.




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    CERTIFICATION
19. Typed Name of Person Signing                                          20. Title of Person Signing
Robert Topfer                                                             Executive Director, Babcock & Brown Capital Ltd.
          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).



        21.1:     Attachment 1                      2:    Attachment 2                          3:     Attachment 3




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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.




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9. Description of Special Temporary Authority Requested.

Pursuant to Section 63.25 of the Commission’s rules, Babcock & Brown Capital Limited (’BCM’) and
eircom Group, plc (’eircom’) seek special temporary authorization for sixty (60) days, commencing
July 19, 2006, to transfer control over North American Communications Limited, which holds two
international Section 214 authorizations (ITC−214−19981001−00862 and ITC−214−19981015−00711), from
eircom to BCM. BCM and eircom already have jointly filed an application seeking Commission
approval of the transfer of control. See FCC File No. ITC−T/C−20060613−00311.




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Document Created: 2019-04-27 06:42:45
Document Modified: 2019-04-27 06:42:45

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