Attachment Attachment 1 ITC-STA-20110728-00213

Attachment Attachment 1

This document pretains to ITC-STA-20110728-00213 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2011072800213_908148

Application
for

Special
Temporary
Authority

Under
Section
214
of
the
Act

Attachment
1,
Page
1
of
2

ONWAV
INC.

Response
to
Question
10

OnWav
Inc.
(“OnWav”)
respectfully
seeks
Special
Temporary
Authorization
(“STA”)

for
the
provision
of
resold
international
services
pending
grant
of
its
application
for

permanent
Section
63.18(e)(2)
authorization,
filed
simultaneously
herewith.

OnWav
has
only
recently
come
to
understand
that,
unlike
the
“blanket”
authority
to

provide
domestic
interstate
services
that
arises
under
Section
63.01(a)
of
the

Commission’s
Rules,
specific
application
for
and
grant
of
international
authorization

is
required
to
provide
international
services.

Prompt
grant
of
the
STA
request

would
serve
the
public
interest
by
allowing
OnWav
to
continue
uninterrupted

international
service
to
its
small
business
customers.

OnWav
only
recently
became
aware
that
it
was
operating
without
international

authorization.

In
the
course
of
a
due
diligence
review
in
contemplation
of
a

proposed
transfer
of
OnWav
corporate
control,
no
Section
214
International

Authorization
could
be
located,
and
further
research
indicated
that
international

operations
began
in
2008
based
on
the
good
faith
but
unfortunately
mistaken
belief

that
no
prior
authorization
was
required.

International
service
is
provided
as
a

convenience
to
OnWav
customers,
and
constitutes,
on
average,
less
than
2
percent

of
revenues.

Until
the
proposed
transaction
initiated
an
independent
regulatory
review,
OnWav

had
believed
that
it
was
operating
in
compliance
with
all
regulatory
obligations.

Promptly
upon
confirming
the
fact
of
non-‐compliance,
OnWav
initiated
the

preparation
of
this
application
and
its
companion
application
for
permanent

authorization.
OnWav acknowledges that the grant of this STA will not prejudice any
action the Commission may take on the underlying application for permanent
authorization, or the contemplated subsequent application seeking Commission consent
to transfer of the authorization. OnWav further acknowledges that this STA can be
revoked by the Commission on its own motion without a hearing.

Good
cause
exists
for
grant
of
the
instant
request.

Grant
would
ensure
that

OnWav’s
customers
would
not
suffer
inconvenience
or
loss
of
service,
or
otherwise

be
affected
adversely.

Having
become
aware
of
its
oversight,
OnWav
is
voluntarily

attempting
to
take
all
steps
necessary
to
rectify
the
situation
as
promptly
as

Application
for

Special
Temporary
Authority

Under
Section
214
of
the
Act

Attachment
1,
Page
2
of
2

PUBLIC
INTEREST
NETWORK
SERVICES,
INC.

Response
to
Question
10
(continued)

possible.

Accordingly,
OnWav
submits
that
the
public
interest
would
be
served
by

prompt
grant
of
this
request
for
STA.

Response
to
Question
16

Applicant
OnWav
has
not
previously
been
granted
international
Section
214

authority.

Applicant
seeks
authorization
to
operate
as
a
resale
carrier
pursuant
to

the
terms
and
conditions
of
Section
63.18(e)(2)
to
resell
the
international
services

of
authorized
US
common
carriers
for
the
provision
of
international
switched,

private
line,
data,
television
and
business
services
to
all
international
points,
and
to

resell
private
lines
for
the
purpose
of
providing
international
basic
switched

services
to
countries
found
to
offer
equivalent
resale
opportunities.

Accordingly,

Sections

63.18(e)(3)
and
63.18(g)
are
not
applicable.

Document Created: 0410-10-15 00:00:00
Document Modified: 0410-10-15 00:00:00

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