Attachment 20161227132227-927.p

20161227132227-927.p

SUPPLEMENT

Supplement

1999-12-06

This document pretains to ITC-T/C-19991206-00752 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC1999120600752_1387253

Streamlined ITC-T/C-1 9991206-00752 PICKNET, INC. Categories of Services for 214 Applications (Stream]4i/Non- streamline) LIMITED/GLOBAL RESALE SERVICE LIMITED/GLOBAL FACILITIES-BASED SERVICE U LIMITED/GLOBAL FACILITIES-BASED/RESALE SERVICE U INDIVIDUAL FACILITIES-BASED SERVICE U INTERCONNECTED PRIVATE LINE RESALE SERVICE U INMARSAT AND MOBILE SATELLITE SERVICE INTERNATIONAL SPECIAL PROJECT SWITCHED RESALE SERVICE TRANSFER OF CONTROL ASSIGNMENT OF LICENSE U PRO FORMA TRANSFER/ASSIGNMENT U SPECIAL TEMPORARY AUTHORITY U SUBMARINE CABLE LANDING LICENSE

- __________ utC 061999 APPROVED BY 0MB FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE _r.:.i:i Lr. TI PICKNet, Inc. Wayne Interchange Plaza 3) $TT AMB$ 1MB NO.2 155 Route 46 West, Third Floor 4) CITY Wayne 07470 1) YTMC 7WOI N1 ,IU cCIJI1YCOB nsI N (973) 812-7425 - 'r SECTiON 3 FO AN sERVLV W MOR )XES A*E NEEOED U$ONThWAflONHT8 78O.OO ()!EE FOB YC) SI UOOB 2 4-0912121014101 PPLICANTTN SECTiON E- CERTiFICATiON ftL13141318171h13

THELEN REID & PRIEST LLP THE RIGGS NATIONAL 1525 BANK OF WASHINGTON, DC 701 PENNSYLVANIA AVENUE, NW., SUITE 800 WASHINGTON, DC 20074-6758 WASHINGTON, DC 20004 15-3/540 12/1/1999 Federal Communications Commission $ **78000 PAY TO THE ORDER OF Seven Hundred Eighty and 00/100********************************************************************************* DOLLAR Security featur areJuded. Detatis on bad FCC Sec. 214 Filing MEMO______________________________________ "-- '- .-'-- 'IUO 5 2 5" :o sLoooo do': L? ? 50 211'

THELEN REID & PRIEST LLP ATTORNEYS AT LAW MARKET SQUARE, SUITE 800 NEW YORK 701 PENNSYLVANIA AVENUE, NW. NANCYJ. ESKENAZI SAN FRANCISCO WASHINGTON, D.C. 20004-2608 202-508-4388 WASHINGTON, D.C. TEL (202) 5084000 FAX (202) 508-4321 neskenazi@thelenreid corn LOS ANGELES www.thelenreid.com SAN JOSE December 2, 1999 Ms. Magalie Roman Salas Secretary Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5115 Re: Application of PICKNet, Inc. and Lebow Investments Ltd. for Authority to Transfer Ownership and Control Pursuant to Section 214 of the Communications Act of 1934, as Amended Dear Ms. Salas: Enclosed please find an original and six (6) copies of the application of PICKNet, Inc. and Lebow Investments Ltd. for authority to transfer ownership and control of PICKNet, Inc. to Lebow Investments Ltd., pursuant to Section 214 of the Communications Act of 1934, as amended. As required by the Commission's Rules, a check in the amount of $780.00 is enclosed. Please date-stamp the extra copy of the application and return it in the enclosed self-addressed, stamped envelope. Any questions regarding the enclosed application may be directed to the undersigned. Sincerely, THELEN REID & PRIEsT LLP Nanc.skenazi a Counsel for Lebow Investments Ltd. Enclosures

THELEN REID & PRIEST LLP ATTORNEYS AT LAW MARKET SQUARE, SUITE 800 NEW YORK 701 PENNSYLVANIA AVENUE, N.W. NANCY J. ESKENAZI SAN FRANCISCO WASHINGTON, D.C. 20004-2608 202-508-4388 WASHINGTON, D.C. TEL (202) 508-4000 FAX (202) 508-4321 neskenazi@thelenrcid.com LOS ANGELES www.thelenreid.com SAN JOSE December 3, 1999 Ms. Magalie Roman Salas Secretary Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 1525 1-5115 Re: Application of PICKNet. Inc. and Lebow Investments Ltd. for Authority to Transfer Ownership and Control Pursuant to Section 214 of the Communications Act of 1934. as Amended Dear Ms. Salas: Enclosed please find an original and six (6) copies of the application of PICKNet, Inc. and Lebow Investments Ltd. for authority to transfer ownership and control of PICKNet, Inc. to Lebow Investments Ltd., pursuant to Section 214 of the Communications Act of 1934, as amended. As required by the Commission's Rules, a check in the amount of $780.00 is enclosed. Please date-stamp the extra copy of the application and return it in the enclosed self-addressed, stamped envelope. Any questions regarding the enclosed application may be directed to the undersigned. Sincerely, THELEN REID & PRIEST LLP Nancy Jcenazi Counsel for Lebow Investments Ltd. Enclosures

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of PICKNet, Inc., Transferor, File No. ITC- and Lebow Investments Ltd., Transferee, Application for Authority to Transfer Ownership and Control Pursuant to Section 214 of the Communications Act of 1934, as Amended APPLICATION PICKNet, Inc. ("PICKNet") and Lebow Investments Ltd. ("Lebow") (hereinafter referred to as the "Applicants"), hereby request authority, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C. §214, and Section 63.18 of the Commission's Rules, 47 C.F.R. §63.18, to transfer ownership and control of PICKNet to Lebow, as described below. PICKNet is a non-dominant carrier holding Commission Section 214 authorization to provide international telecommunications services on a resold basis.' Lebow is a privately held company that is wholly-owned by Gulfsat Communications Company ("Gulfsat"), a corporation organized under the laws of Kuwait. Gulfsat is a backbone provider for internet services in Kuwait, See, Pro Forma Assignment of214 Authority for Global Resale Service from Pick Communications Corp. to its Wholly-Owned Subsidiary, PICKNet, Inc. (ITC-214-19970320-00157), November 2, 1999.

provides international data services between Kuwait and points outside Kuwait, and provides private line services outside of Kuwait. Grant of this application for transfer of ownership and control will serve the public interest, convenience and organized under the laws of Kuwait necessity by promoting competition in the international services market. The benefits of competition to U.S. consumers include lower prices, an increased availability of service options, and more efficient use of international facilities. Thus, the grant of this Application will serve the public interest, convenience and necessity. Applicants respectfully request streamlined processing of this Application in order to enable them to complete the proposed transfer of ownership and control as soon as possible. In furtherance of this application, Applicants respectfully submit the following information: I. Description of the Transaction The transaction for which approval is requested in this Application is will proceed as follows: Pick Communications Corp., a Nevada corporation ("Pick Communications"), will close a Stock Purchase Agreement between itself and Lebow Investments Ltd., a corporation formed under the laws of the British Virgin Islands, for the sale to Lebow of two of Pick Communications's subsidiaries, PICKNet, Inc., a New Jersey corporation, and PICKNet UK plc, a United Kingdom company. Simultaneous to that closing, Gulfsat, a corporation formed under the laws of Kuwait, will purchase one hundred percent of Lebow. 2

Specifically, the transaction will result in a change of ownership and control of PICKNet whereby Gulfsat will wholly-own Lebow, which will, in turn, wholly-own PICKNet and PICKNet UK plc. Upon approval of this Application, PICKNet will continue to hold the Section 214 authorization, but PICKNet will no longer be owned or controlled by Pick Communications. Because PICKNet will continue to provide international telecommunications services on a resold basis and will continue to hold the existing Section 214 authorization, the transaction will not affect any of PICKNet's existing customers. II. Section 63.18 Information (a) Names, addresses and telephone numbers of Applicants: PICKNet, Inc. Wayne Interchange Plaza 155 Route 46 West, Third Floor Wayne, NJ 07470 Tel: (973) 812-7425 Fax: (973) 812-4181 Lebow Investments Ltd. Trident Chambers Wickham Cay P.O. Box 146 Roadtown, Tortola British Virgin Islands Tel: (284) 494-2434 Fax: (284) 494-3754 (b) PICKNet is incorporated under the laws of the State of New Jersey. Lebow is incorporated under the laws of the British Virgin Islands. 3

(c) Correspondence concerning this Application should be addressed to: Lawrence M. Fuccella, Jr. President PICKNet, Inc. Wayne Interchange Plaza 155 Route 46 West, Third Floor Wayne, NJ 07470 Tel: (973) 812-7425 Fax: (973) 812-4181 and Robert Sams Director Lebow Investments Ltd. Perryman's Lane Burwash, East Sussex TN19 7DN United Kingdom Tel: '(011) (44) (143) 588-2812 Fax: (011) (44) (143) 588-3443 With a copy to: Nancy Eskenazi Thelen Reid & Priest LLP 701 Pennsylvania Avenue, Suite 800 Washington, DC 20004-2608 Fax: (202) 508-4321 (d) Neither Lebow nor Gulfsat have previously received authority under Section 214 of the Communications Act. PICKNet received Section 214 authority to provide global resale service following aproforma assignment of Section 214 authority from Pick Communications Corp. to PICKNet, Inc. on November 2, 1999. See File No. ITC-214- 19970320-00157. (e)(3) Applicants seek authority to transfer ownership and control of PICKNet's non-dominant Section 214 global resale authorization to Lebow, a corporation which does not currently hold Section 214 authority. (f) At this time, Lebow does not seek any other authorization under Section 63.18(e). (g) Not applicable. 4

(h) The names, addresses, citizenship, and principal businesses of persons or entities that directly or indirectly own at least ten percent of the equity of Lebow, and the percentage of equity owned by each of those entities (to the nearest one percent), is as follows: Name/Address % Held Citizenship PrinciDal Business Gulfsat Communications Company 100% Kuwait Telecommunications P.O. Box 2400 Services Safat, Kuwait Direct or Indirect Ownership in Gulfsat: Kuwait Investments Projects Co. 34% Kuwait Investment Company P.O. Box 23882 13100 Safat, Kuwait Al-Morabitoon International General 12% Kuwait General Trading, Trading and Contracting Group Contracting & P.O. Box 24994 Investment Company Safat, Kuwait Burgan Bank 10% Kuwait Banking P.O. Box 5389 13054 Safat, Kuwait Interlocking Directorates: Fuad Dashti, Chairman of Gulfsat will serve as a Director of Lebow. Mr. Dashti is not an officer or director of any other telecommunications service provider. (i) Lebow certifies that it is affiliated with a foreign carrier within the meaning of Section 63.09 of the Commission's Rules, 47 C.F.R. §63.09. Lebow is affiliated with Gulfsat, a Kuwaiti carrier. Lebow is wholly-owned by Gulfsat. This is the only affiliation Lebow has with a foreign carrier. Gulfsat is a backbone provider of internet services in Kuwait, provides international data services between Kuwait and points outside Kuwait, and provides private line services outside of Kuwait. (j) Lebow certifies that it does not seek to provide international telecommunications services to any destination country where: (1) Lebow is a foreign carrier in that country; or (2) Lebow controls a foreign carrier in that country; or S

(3) Two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, more than twenty-five percent of Lebow and are parties to, or the beneficiaries of, a contractual relation (e.g. joint venture or market alliance) affecting the provision of marketing of international basic telecommunications services in the United States. Lebow further certifies that Gulfsat, a Kuwaiti carrier, is a foreign carrier owning more than twenty-five percent of Lebow. As part of its global resale authority, PICKNet is currently authorized to provide resold international telecommunications services to Kuwait. Lebow seeks to continue use of the PICKNet Section 214 authorization to provide resold international telecommunications services to Kuwait. (k) Kuwait, the destination foreign country, is a Member of the World Trade Organization. (1) Gulfsat, the foreign carrier with which Lebow is affiliated, lacks sufficient market power on the Kuwaiti end of the route to adversely affect competition in the U.S. market. Gulfsat is a backbone provider of internet services in Kuwait, provides international data services between Kuwait and points outside Kuwait, and provides private line services outside of Kuwait. As a small international reseller of data services and internet backbone provider lacking control of international transport capacity or local access in Kuwait, Gulfsat does not have a fifty percent market share in the international transport and local access markets on the Kuwaiti end of the route. Gulfsat does not have the ability to discriminate against unaffiliated U.S. international carriers through control of bottleneck services or facilities in Kuwait. The international transport and local access markets in Kuwait are dominated by the monopoly PTT, Kuwait Tel. Accordingly, following the transfer of ownership and control of PICKNet to Lebow, there should be a presumptive non-dominant classification. (m) For the reasons outlined in (1) above, Lebow desires PICKNet, following approval of the transfer of ownership and control, to be regulated as non-dominant for the provision of international telecommunications services provided to Kuwait on a resold basis. Further, pursuant to Section 63.10(4) of the Commission's Rules, 47 C.F.R. §63.10(4), service will continue to be provided solely through the resale of an unaffiliated U.S. facilities- based carrier's international switched services (either directly or indirectly through the resale of another U.S. resale carrier's international switched services), thus, strengthening the qualification for the presumptive non-dominant classification. (n) See attached Certification. (o) See attached Certification. (p) The Applicants request streamlined processing pursuant to Section 63.12 of the Commission's Rules. Lebow is affiliated with a foreign carrier, Gulfsat, a Kuwaiti company. However, given that the affiliated destination market is Kuwait, given Kuwait's status as a World Trade Organization member country, and understanding that service will be provided solely through resale of an unaffiliated U.S. facilities-based 6

carrier's international switched services, the Applicant qualifies for the presumption of non-dominance under Section 63. 1O(a)(4), 47 C.F.R. §63.1O(a)(4), and the Applicant also qualifies for a presumption of non-dominance under Section 63.1O(a)(3), 47 C.F.R. §63. 1O(a)(3), this Application qualifies for streamlined processing. III. Conclusion The Applicants certif' that all information in this Application is accurate and correct. For the reasons stated herein, PICKNet and Lebow respectflully request that the Commission grant this Application to consummate the proposed transfer of ownership and control as soon as possible, and grant all other relief as necessary and appropriate to effectuate the transaction described herein. Respectfully submitted, IL4 Nancy J. enazi Thelen Reid & Priest LL1 701 Pennsylvania Avenue, NW, Suite 800 Washington, D.C. 20004-2608 (202) 508-4000 Counsel to Lebow Investments Ltd. Dated: December 3, 1999 7

CERTIFICATION OF APPLICANT Lebow Investments certifies that it has not agreed and will not agree in the future to accept any direct or indirect special concessions from a foreign carrier or administration with regard to traffic or revenue flows between the United States and any foreign countries the company is authorized to serve. On behalf of Lebow Investments, and in accordance with Sections 1.2001 through 1.2003 of the Commission's Rules, 47 C.F.R. §1.200l through 1.2003, I hereby certify that no party to this transfer application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. See 21 U.S.C. §853a. I also hereby certify that the statements in the foregoing are true, complete and correct to the best of my knowledge and are made in good faith. LEBOW INVESTMENTS By: Name: Title: 01 ft 1°(7 Date: lL// /Y3

CERTIFICATION OF APPLICANT PICKNet, Inc. certifies that it has not agreed and will not agree in the future to accept any direct or indirect special concessions from a foreign carrier or administration with regard to traffic or revenue flows between the United States and any foreign countries the company is authorized to serve. On behalf of PICKNet, Inc., and in accordance with Sections 1.200 1 through 1.2003 of the Commission's Rules, 47 C.F.R. §S1.2001 through 1.2003, Thereby certify that no party to this transfer application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. See 21 U.S.C. §853a. I also hereby certify that the statements in the foregoing application are true, complete and correct to the best of my knowledge and are made in good faith. Date: __________ \\REID-DC\USER 1\NJE\picknetcertificatiori.doc


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