Attachment 20161222152756-437.p

20161222152756-437.p

SUPPLEMENT

Supplement

2000-03-14

This document pretains to ITC-T/C-20000314-00154 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2000031400154_1385677

Categories of Servi (Streamline © LIMITED/GLOBAL RESALE SE BE O LIMITED/GLOBAL FACILI‘TIES—B2.SED SE 19, LIMITED/GLOBAL FACILI‘TIE{}—B2.SED/RE O INDIVIDUAL FACILITIES —BASED SERVICE C INTERCONNECTED PR¢IVATS L]NE RESALE SE C INMARSAT AND MOBILE S.ATEILLITE SERVICE C INTERNATIONAL SPECIAL PROJECT C3 SWITCHED RESALE SERVICE § TRANSFER OF CONTROL ASSIGNMENT OF LICENSE C PRO FORMA TRANSFER/ASSIGNMENT C SPECIAL TEMPORARY AUTHORITY O —SUBMARINE CABLE LANDING LICENSE Description of Application:

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of AT&T LATIN AMERICA CORP. FIRSTCOM CORPORATION Application for Transfer of Control of ITC—_ Authority Pursuant to Section 214 of the Communications Act of 1934, as amended. AT&T CORP. ) ) CONCERT GLOBAL NETWORKS ) USA LL.C. ) ) CONCERT GLOBAL ) NETWORK SERVICES ) ) Notification of Proposed Acquisition of ) FCN— Foreign Affiliations Pursuant to ) Section 63.11(a) of the Commission‘s Rules ) APPLICATION TO TRANSFER CONTROL OF SECTION 214 AUTHORITY AND FOREIGN CARRIER AFFILIATION NOTICES Pursuant to Section 214 of the Communications Act of 1934;, as amended, 47 U.S.C. § 214, and Section 63.18(e)(3) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(3), AT&T Latin America Corp. ("AT&T Latin America") and FirstCom Corporation ("FirstCom") (together "Applicants"), hereby request authorization to

transfe rol of the international Section 214 authorization held by FirstCom to a wholly :d subsidiary of AT&T Latin America. Applicants also request streamlined proces: E this application pursuant to Section 63.12(c) of the Commission‘s rules, 47 CFR. l12(c). Additionally, AT&T Corp. ("AT&T"), Concert Global Networks USA L ("Concert USA") and Concert Global Network Services ("Concert Global") give no is required under Section 63.11(a) of the FCC‘s rules, 47 C.F.R. § 63.11(a), of the a ions with foreign carriers in Chile, Colombia and Peru that will result from the proj transaction. The proposed transaction will promote competition in Chile, Colombia and Per idding AT&T‘s brand and other resources to FirstCom‘s competitive telecom cations operations in those countries. The transaction will have no adverse effect 0 ipetition in the U.S. market because FirstCom has held section 214 authority only sin 98, provided no services in the U.S. market before November 1999, and provide ervices to U.S. end—users. Since November 1999, FirstCom‘s only activities in the U arket have been the provision of transit services for de minimis volumes of traffic suu. uctween Chile and third countries and the provision of wholesale and resale services for de minimis volumes of U.S.—Chile traffic. II. Description of the Transaction The transaction is governed by an Agreement and Plan of Merger, dated as of November 1, 1999, (the "Merger Agreement"), between AT&T, FirstCom, Kiri, Inc. (now renamed AT&T Latin America), an indirect majority—owned subsidiary of AT&T, and Frantis, Inc. ("‘Frantis"), a direct wholly—owned subsidiary of AT&T Latin America.

Pursuant to the Merger Agreement, FirstCom will be merged with and into Frantis (the | "Merger"), with Frantis surviving. In the Merger, the shareholders of FirstCom will receive, collectively, shares representing approximately 34 percent ofthe issued and outstanding capital stock of AT&TLatin America on a fully—diluted basis. The remaining capital stock of AT&T Latin America will be owneci by AT&T (approximately 60 percent) and SL Participacoes S.A., a holding company affiliate of a Brazilian construction and engineering company (approximately 6 percent).‘ AT&T Latin America‘s operating subsidiaries will provide state—of—the—art data and voice connectivity and a full range of business communications services in major Latin American countries. III. Section 63.18 Showing Pursuant to Section 63.18(e) (3) of the FCC‘s rules, Applicants request such Section 214 authority, or modification of existing authority, as may be appropriate and necessary to implement the proposed Merger. A. Public Interest The Commission‘s approval of the proposed transaction and grant of authority pursuant to these sections will serve the public interest, convenience and necessity by advancing the market—opening principles of the WTO Agreement on Basic * AT&T Latin America has announced that it has agreed to acquire Keytech LD S.A. ("‘Keytech"), a carrier in Argentina, and will shortly file a notification of this proposed foreign affiliation with the Commission. Following consummation of this proposed transaction, AT&T would hold approximately 58 percent of the stock of AT&T Latin America and the shareholders of Keytech would hold approximately 1 percent. The shareholders of FirstCom would continue to hold approximately 34 percent and SL Participacoes S.A. would continue to hold approximately 6 percent.

Telecommunicatic d promoting competition in Chile, Colombia and Peru, where FirstCom‘s affiliat engaged in competitive telecommunications operations, and thus reducing the mark: rer of the dominant incumbent carriers in those countries. FirstCom‘s affiliat ~hile (FirstCom Networks, S.A., FirstCom Wireless, S.A., First Com Long Distanc .. and FirstCom Telephony, S.A.), Colombia (FirstCom Colombia, S.A.) at u (FirstCom, S.A.) have established advanced IP—based networks and operations in f yjor economic centers in those countries. The Merger will strengthen these ne npetitors by providing AT&T‘s brand and other resources to enhance their deliv ‘advanced communications services to customers across South America‘s busines: »rs. The Merger will also benefit U.S. customers by promoting increased competit: )st—based pricing and improved quality of service at the foreign— end of the U.S.—Chi S$.—Colombia and U.S.—Peru routes. The ised transaction furthers FCC and other U.S. government policies promoting active p{ ation by U.S. companies in Latin American telecommunications markets and promo > marketing—opening principles of the WTO Agreement, which plays a key role in the Commission‘s regulation of telecommunications in the public interest. See Market Entry and Regulation of Foreign—Affiliated Entities, 11 FCC Red. 3873 (1995), [ 105—106 (noting that investment by U.S. carriers in foreign carriers benefits domestic consumers, fosters liberalization, and is consistent with the long— standing policy favoring investment abroad). The Merger will have no adverse effects on competition in the U.S. market. FirstCom obtained Section 214 authority only in 1998, provided no services in the U.S. market before November 1999, and has provided no services to U.S. end—users.

Since November 1999, FirstCom‘s only activities in the U.S. market have been the provision of transit services for de minimis volumes of traffic sent between Chile and third countries and the provision of wholesale and resale services for de minimis volumes of U.S.—Chile traffic. Just as the transaction will have no negative effect on competition in the U.S. international market, it will create no bottlenecks and confer no market power on any affiliate in Chile, Colombia and Peru. To the contrary, the Merger will stimulate competition and reduce the market power of incumbent carriers in those countries by strengthening the competitive position of FirstCom‘s affiliates. B. Impact on Non—Dominant Status As a result of the proposed transaction, AT&T Latin America should be regulated as non—dominant, and AT&T, Concert USA and Concert Global should continue to be regulated as non—dominant, on all international routes, including the U.S.— Chile, U.S.—Colombia and U.S.—Peru routes. FirstCom‘s affiliates provide the following services: In Chile, FirstCom Networks, S.A., FirstCom Wireless, S.A., First Com Long Distance, S.A., and FirstCom Telephony, S.A. operate as one functional entity and provide public switched local and domestic and international long distance services, domestic private line services, internet access and other value—added services. In Peru, FirstCom, S.A. has provided public switched international services since August 1999, is authorized to provide public switched local and long— distance services, and also provides domestic private line services. In Colombia, FirstCom Colombia has provided domestic private line services since February 1999.

None of FirstCom‘s affiliates in Chile, Colombia and Peru own or control bottleneck facilities, have market shares above 50 percent in the international transport or local access markets in their home countries or possess any market power. Therefore, FirstCom qualifies for a presumption of non—dominance and is regulated as non—dominant on those U.S. routes. See InterAmericas Communications Corp., ITC—98—612 (rel. Aug. 21, 1998); Letter dated Oct. 1, 1999 to Ms. Magalie Roman Salas, Secretary, Federal Communications Commission, from Robert E. Conn Esq., Attorney for FirstCom (advising Commission of change of name to FirstCom Corporation); Letter dated Nov. 30, 1999 to Ms. Magalie Roman Salas, Secretary, Federal Communications Commission, from Robert E. Conn Esq., Attorney for FirstCom, File No. FCN—NEW—19991130—00052 (Section 63.11 Notification). Pursuant to the same presumption, AT&T Latin America should be regulated as non—dominant on all routes, and AT&T, Concert USA and Concert Global should continue to be regulated as non—dominant on these three routes. AT&T has no affiliates in Colombia and Peru, and combining the market share in Chile of the current affiliate of AT&T, Concert USA and Concert Global, VLT Chile S.A., with those of their proposed new Chilean affiliates, FirstCom Networks, S.A., FirstCom Wireless, S.A., FirstCom Long Distance, S.A., and FirstCom Telephony, S.A., will result in total market shares still well below 50 percent in the international transport and local access markets in that country. Therefore, AT&T Latin America will qualify, and AT&T, Concert USA and Concert Global will continue to qualify, for a presumption of non—dominance on these three routes pursuant to Section 63.10(a)(3) of the Commission‘s rules.

C. Streamlined Processing Applicants request streamlined processing of this Application pursuant to Section 63.12 of the Commission‘s rules. As demonstrated in Part IIL.B of this Application, Applicants qualify for a presumption of non—dominance on all routes. Consequently, streamlined processing is not barred by the restrictions of Section 63.12(c). D. Other Required Information Thespecific responses to the provisions of Sections 63.18 are set forth in Attachment A. IV. Notification of Foreign Affiliations AT&T and its controlled affiliates Concert USA and Concert Global also give notice, as required under section 63.11(a) of the FCC‘s rules, 47 C.F.R. § 63.11(a), of the affiliations with the following foreign carriers that may result from the proposed transactions: FirstCom Networks, S.A., FirstCom Wireless, S.A., FirstCom Long Distance, S.A., and FirstCom Telephony, S.A., all located in Chile; FirstCom Colombia, S.A., located in Colombia; and FirstCom, S.A., located in Peru. AT&T, Concert USA and Concert Global also request that the 60—day waiting period of Section 63.11(a) be waived. The purpose of the 60 day waiting period is to provide the Commission the opportunity to require the filing of a Section 63.18 application prior to consummation of a transaction if it determines that "the investment raises a substantial and material question of fact as to whether the investment serves the public interest, convenience and necessity." 47 C.F.R. § 63.11(e)(2). No waiting period is necessary here because Applicants have filed the above—captioned Application for Section 214 authority describing the proposed investments and transaction.

v. Conclusion Accordingly, Applicants respectfully request that the Commission expeditiously grant this Section 214 application, and accept this notification filed by AT&T, Concert USA and Concert Global, without further action. Respectfully submitted, /s/ John Haigh /s/ Patricio E.Northland John Haigh, President Patricio E. Northland, President AT&T Latin America FirstCom Corporation February 29, 2000

ATTACHMENTA Pursuant to Section 63.18, Applicants submit the foll »wing information: (a) The name, address and telephone nuraber ¢f AT&T Latin America is: AT&T Latin America Corporation c/o Lawrence J. Lafaro Room 1142M1 295 North Maple Avenue Basking Ridge, NJ C7920 (908) 221—8410 Upon consummatio:1 of the transacticn, Fir tC om will be merged into Fran is, a vwholly—owned subsidiary 0f AT&T ‘Latin America, wth Frantis continuin z as the surviving corporation. The name, address and telephone nuniber of F rstCom is: FirstCom Corporation 2600 Douglas Road, Suite 501 Miami, Florida 33134 (305) 448—4422 (b) AT&T Latin America is a corporation organized i nder the laws of the state of Delaware. FirstCom is a corporation organized ur der the laws of the state of T :xis. (c) Correspondence concerning this application shoul 1 be sent to: Lawrence J. Lafaro AT&T Latin America Corporation Room 1142M1 295 North Maple Avenue Basking Ridge, NJ 07920 (908) 221— 8410 with a copy to: James J. R. Talbot AT&T Corp. Room 1122M1 295 North Maple Avenue Basking Ridge, NJ 07920 (908) 221—8023 (Telephone) (908) 221—4490 (Facsimile)

10 and Patricio E. Northland, Pres ident FirstCom Corporation 2600 Douglas Road, Suite 501 Miami, Florida 33134 (305) 448—4422 with a copy to: Robert E. Conn ShawPittman 2300 N Street, N.W. Washington, D.C. 20037— 112.8 (202) 663—8000 (Telephore) (202) 663—8007 (Facsimile) (d) AT&T Latin America does not currently 10ld Secion 214 authority. FirstCom has previcusly received zlobal authority under Sectio i 214 and is authorized to operate as a facilities—based anc! resale carrier bei we en the: U.S. and various points, including Chile, Colombia and Petu. (See InterAmericas Comnunications Corp., ITC—98—612, rel. Aug. 21, 1298. See also Le‘ter datec. Oct. 1, 1999 to Ms. Magalie Roman Salas, Secretary, FCC, from Robeit Conn, Es(., Attorr ey for FirstCom (advising of change of name).) (e) Pursuant to Section 63. 8(e)(3) of the Cemmissicn‘s rules, Applicants seek approval of the transfer of control of the FirstCom section 214 authotiz; ticn listed in subsection /s/ John Haigh /s/ Patricio E. Northland John Haigh Patricio E. Northland President AT&T Latin America FirstCom Corporation February 29, 2000

11 T ACIHHN [ENT B Pursuant to Section 63.18, A"T&T Latia America submi s the following i fo mition: (f) AT&T Latin Amsrica is not ieekir g any au hority b sycend the scoge cf the i}ection 214 authorization held by FirstC »m. (g) The suthority sought herein :s cate gorically exclt de 1 froni environme nt: 1 processin ; pursuant :o Section 1.1306 of the Com mission‘ s rules and no snvironraer tal as essment is require 1. (h) The "ollowing persons or enities lirectly cr indirectly ovu n at least 1 ) p »rc :nt or more of the equity of AT&T Latin Am srica: AT&T Corp. »was 90 pe: cent of the qi ity of AT&T Latin Ameri:a. AT&T Corp. is a corporatior. organized ind e: isting u1 de: the ) aws of the Staie cf NMlev: York and prims rily provide s domestic ind it ternatiot al :elecc mraunications se: vices in the U.S. The address of AT&T Corf . is: 225 Nortk Maple .ivenus, Basking li(ge New Jersey 07.:90. SIL, Participacoes S.A. ("SL Par icipacoes") ovns 10 percent of the ec uity of AT&T Latin America Corp. SL I artici »coes is a cor:o ation organize 1 a 1d 2xsting under the laws of Brazil and is a ioldir g compa 1y affiliste of lPromon ‘"ecno ogia S.A., which is rrincipally engaged in tl e pro ision of integr‘ate d engineering souti>n: and constructi on management service s in th e telecor am un ica :i0ns, power, pet1 le un , petrochemicals and manufacturin z indi stries. 1 he ad Iress of |SL Participico :s :s: Av. Pres. Juscelino Kubitschek 1830, 04543—900 Sa ) Paulo P, Brazil. AT&T Latin America has no interlocking direct »rate ‘with any foreign can iet. (i) AT&T Latin America has affiliations with the following foreign carriers in the following countries: Canada AT&T Canada Corp. AT&T Canada Telecom Service Company Chile VLT Chile, S.A. El Salvador AT&T Communications Services El Salvador S.A. de C.V. Guatemala VLT Guatemala, S.A. Japan Concert Japan Y.K.

12 Mexico Alestra S. de R.L. de C.V. Netherlands VLT Nederland B.V. Philippines Subic Telecommunications Company, Inc. UK AT&T Communications (UK) LTD Concert Communications Company. (j) AT&T Latin America certifies that it seeks to provide international telecommunications services to the destination countries and foreign carriers listed in response to subsection (i) above. (k) All the destination countries listed in (j) are members of the World Trade Organization. (I) AT&T Latin America qualifies for a presumption of non—dominance on all affiliated routes and therefore satisfies Section 63.10. (m) AT&T Latin America certifies thatit qualifies for a presumption of non—dominance on all affiliated routes pursuant to Section 63.10 because all its foreign affiliates have less than 50 percent market share in the international transport and local access markets in their home countries and therefore lack any market power. (n) AT&T Latin America certifies 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. (0) AT&T Latin America certifies that no party to this 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.

13 (p) AT&T Latin America requests streamlined processing pursuant to Section 53.12 of the Commission‘s rules. Applicants qualify for a presumption of non—dominance on all routes pursuant to Section 63.10(a)(3). Consequently, streamlined processing is not barred by the restrictions of Section 63.12(c). /s/ John Haigh John Haigh, President AT&T Latin America February 28, 2000

14 ATTAC] [V E (T C —— Se tion 63.11(a) Information fo: A T&:T Pursuant to Secti n 63 11 of the C ormmissior ‘s Rules, A T&T "ie1 sby certifies the following: (a) As a result of the proposed t :ar sacticn, AT&T viill acquire indirect controll ng interests in FirstCom Networks, S.. \., FustCom ‘Vieless, S.A. First Com Lo ng Dista nc S.A., and FirstCom Telephony, 5.4 .., i l : ocated in Chi e; FirstCom Colomibit,, .A , located in Colombia; and FirstC m , S A., locétec in Peru. (c) AT&T certifies that FirstCo: n 1 let works, S.A ., I irs tConx Wireless, is.A.., l"ir it Cori Long Distance, S.A., and FirstCom Telef hony, S A., a e aut iotized to pro‘vid: telecommunication services in C hils, ‘vh:ch is a NVIO nember that FirstConi C olc mlia S.A., is authorized to provide tel :scom nuanication se vices in Colombia, which is a NTO member; and FirstCom, S.A., is aut ho ized to prc vice t slecomrunication ser ic :s in Peru, which is a WTO member. The Coramissio:i has »reviously authorized .\T &1‘ tc provide facilities—based and resa e ssm ices to Chile, Celombia :ind Peru. See, e. ;., [TC— 96—467 (authorization to provide gl »bi 1 fucilities— ba: ed service:); ITC—95—558 (authorization to lease and operae : atelli‘e voice— gr:; de bearer circuits to all oveiseis points). (c)(1) AT&T does not provide : er ic :s : olely th ‘ot gh the resa‘e of the interr ati onl switched services of an unaffilia ed U.S. "acilities —bi sel carrier (c)(2)(i) AT&T certifies that it coe i n ot have a 1() p c »nt or grsater sh:rehol le1 or other equity holder. AT&T has interlc ck ng diectorates v itt AT&T Canada ZTorp. an 1 4.T&&T Canada Telecom Services Comp im a: J¢hn Zegl s, 1d rector of AT&T , also seives as a director of these companies. (c)(2)(ii) AT&T certifies that it : ias nc t a sreed to acer t special concessions dire ctl y or indirectly from any foreign carrier vitl. respect to an ; U .S. international route wl ere the foreign carrier possesses sufficieut ina.kec power »n t‘he foreign end of the route to affect competition adversely in the U.S. market and will not enter into such agreements in the future.

15 (d) As described in Part III.B of the Application, AT&T contirues to qualify for non— dominant classification pursuant to Section 63.10. [s/ James Talbot Mark C. Rosenblum Lawrence J. Lafaro James J. R. Talbot Attorneys for AT&T Corp. Room 1122M1 295 N. Maple Avenue Basking Ridge, NJ 07920 (908) 221—8023 March 1, 2000

16 ATTACHMENI_D Pursvan to Section 63 11 of the Comunission‘s Riules, Concert L S2. iere y certifies the follow ng: ‘a) _3 a result of the propsed trar saction, Corceit USZA‘s co itr lling parent A T&:T will uegi e indirect cont olin;; interests in FirstCorn Netvorks S.A. First o n‘ Vi eloss i.A Sirst CoriLon,; C ist ince, S.11., and FirstCori Telephonys, L.A , a 1 l)citec. it Caile; l‘irs omm Colomtia, S..\., located :n Colomtia: and HirstCom, S A. lozcated in Pe: u. (c) 0_ ncert USA ser ifics that FirstCom Netwwoi‘ks, S. A., FirstCon \Vireless, S. A., Fi‘st Con ong is :ancze, S.. \., and Firs:Com Telephony, i}.A., are au ho ized o provics tsle nmuricstion s srvices in Chils, ‘wwhich is a WTC membe:; t iat FistCorna Col m bia, C.A —s auttorized tc pr ov. de telecom nunicaticn ssrvices in Colomliia waiich i; a W TO men 2r; an 1 Firs: Com, S. \., is autho ized to provide telecom nt nicati on senvices in ler wvhich is i VITO® mrietiber. The Commission aas praviously auhoriz :d Co acert USZ o provide ficil ties—t ased anc. resale se vices to Ckile, Colc mtia amlP stt . {ee + T& Corp., brit sh Te ec imnunications, plz, VL" C o. LL.C , Violet iic me Co. L1 C, cnd YV [Bahumas] Linii »d, Mex oriindum Opinion and Crder, B Dock tllo. 96 —2 2, (el. ct. 29, 1099), T‘C(: 92—213; Lett:r dated Feb. 2, 2000 to Ms. V agali: Ron an Sz las, Seet ary, FCC, from Li wisnce J. Lafaro, Es1., Geneial Attorrey AT&T nc tif ca ion of cons amation and cliar ge of 1ame of VLT C o. LLC 10 Corce t Cilo»al Nitw onl :s JS A I .L. ); Letter lat2d Fel». 2, 2300 to VMIs. Magalie Foriar. Siilas, Secietery, FCC from Law ce J. Lafaro, lisq , Ciengral Attorney, AT&T (pro forma assigamen oi a ith zation from. T.NV [F ah imas] Limited io Conce t (iHlobal N stworl: S srvices lLim d). (:)(1 Concert USA does iot provide services solely through he resale oi th: iuter...tional svitched services of an unaffiliated U.S. facilities —bi sed carrier. (c)(2)(i) AT&T and British Telecommunications plc ("BT") each own 50 percent (1 percent directly and 49 percent indirectly), and share control, of Concert USA, which is 98 percent owned by Concert B.V. (formerly TNV [Netherlands] B.V.). AT&T‘s 49 percent indirect interest in Concert B.V. is held through its wholly owned subsidiaries, VLTH Company LL.C. (formerly VLT Corp.) and VLT US Holdco LL.C. BT‘s 49 percent indirect interest in Concert B.V. is held through its wholly—owned subsidiaries BT Netherlands Holding B.V., and BT Fifty—Three Ltd. AT&T Corp. is a corporation organized and existing under the laws of the State of New York and primarily provides domestic and international telecommunications services in the U.S. The address of AT&T Corp. is: 295 North Maple Avenue, Basking Ridge, New Jersey 07290.

17 BT is a public limited company org inized and existing uncer the laws of England an 1 Wales. BT primarily provides dom sst c ind international tsle commur ications ser vic 2s in the U.K. The address of BT is: BT Centrs, 1 Newgate Stiee , London EZ1A ""A. England. VLTH Company LL.C. is a corpori ticn org inizec. and exisitit g under ‘he laws of Delaware and is a holding company. The address of VLTE: C ompany LL,.C. is 412 14t. Kemble Avenue, Morristown, New Jersey 0 960. VLT US Holdco L.L.C. is a corporatio 1 org: nized and existin z under the laws of Delaware and is a holding company The ad Iress of VLT US Holdco _.L.C. is 41 2 It. Kemble Avenue, Morristown, New Tersey 0‘‘960. BT Fifty—Three Ltd. is a corporation or zatized and existing ut der the 1 iw.; of the Unied Kingdom and is a holding company. The address of BT Filty— Three L1 1. is BT Ce itr:, 81 Newgate Street, London EC1A 7AJ Englind. BT (Netherlands) Holdings B.V. is :. corppration organized an 1 existin z under the layv‘s of the Netherlands and is a holding coripiny. The address of 37 (Netker ands) Hold ngs B.V. is Overschiestraat 65, 1062XD Ainsterc am, The Netherl: nds. Concert B.V. (formerly TNV [Netherland:] B.V.) is a corpcraion orga iz :d and e:is ing under the laws of the Netherlands ar d is a holding sompany. ‘he addnss of Conc t B.V is Overschiestraat 65, 1062XD Ams erdari, ""he N stherlandcs. Concert USA has an interlocking ditectorite with Concert Jap: in Y.K. (c)(2)(ii) Concert USA certifies that it has no: agreed to accispt special concessions directly or indirectly from any foreign cartier with respect to aiiy U.S. i ite: national ro ite where the foreign carrier possesses sufficiicnt market power on the fore: gn end of t ie route to affect competition adversely in th:: U.S. market and w 11 not encer into sucl : agreements in the future.

18 (d) As described in Part III.B of the Application, Concert USA continues to qualify for non—dominant classification pursuant to Section 63.10. /s/ James Talbot Mark C. Rosenblum Lawrence J. Lafaro James J. R. Talbot Attorneys for Concert Global Networks USA L.L.C. Room 1122M1 295 N. Maple Avenue Basking Ridge, NJ 07920 (908) 221—8023 March 1, 2000

19 7 |—3 ~ 342. head [3 liee n 63.11(a) Infor nation for Concert slobsI Niet o ck Sevices ("Co ne xt (slo iI" Pur: ant to Section 63. 11 of the Commission‘s Rues Concert G.obal mersby‘ ce rtifies the joll ing: (a) _3 a result of the proposed trar saction, Conceit Clobal s con rollit g parent A"&T will quire indirect contrclling intarests in FirstCom Networks, s.4.., FirstC on Wireless, S.A —Tirst Coni Lon;s C istaince, S..\., and FiustConi Telephony‘, S.A., all locitec. it Caile; Firs om Colomtia, S..\., located n Colomtia; and FirstCom S.A., lccated in ?eiu. (3) C_ ncert Global certifies that FistCom Ne twork s, .s.4.., "irutCom: VWireless, i i.4.., l‘irst Con ong Dis ance, S..\., and FirstCom Teleptkony, 5.A., ire authoriz sd :o provice tc:lee nmunicatioa s :rvices in Chile, which is a WTC mzmbe; that FistCorna Colombia, S.A. s authorizec tc provide telecommunicstion s »rvices in Colom»ia, which i; a WTO en 2r; and FirsiCom, S..\., is au horized to prov de telecom nunication sei vices in Fert vhich is 1 VTO riember. The Commission aas praviously authcrized Cc neert Cilot to provide facilities based a id resale serviees to Chie, Colotabia and Peu. See AT& —Corp., Brit sh Te‘lecomnunications, plz:, VL." Co. LL.C, Vioiet Licen: e Co. LLC, and IV [Bahomas] Liinit»d, Memorandum Opinion and Crder, B Deck:t1lo. 98 —2 .2, (rel. st. 29, 1099), CC 92—213; L etter dated Fieb. 2, 20)0 to ‘VMs. Magalis R on an Szlas, Seer ary, FCC, from Liuwrence J. lafaro, Esq., Geaetal Attorrt ey. AT&:T (nc tif caion of cons amation and change of aame of VLT Co. LLC 10 Corce:t CGilobal Nistw or:s JS A L.L. ); Letter latsd Fel). 2, 29300 to Ms. Magalie Foriar Sailas, Secretiry FCC from Law —ice J. Lalaro, Tsq., Cieneral attorney, AT&T (pro forma assignmen: o aith zation from TNV [Fahamas] Limited :o Conce t (ilobal Networ : Sem ices Limi d). (c)(1 Concert Global coes not provide services sclely throug)i the res:ile of ‘he ititer..@tional sv itched services of an unaffiliated U.S. facilities —besed carrier. (c)(2)(i) AT&T and British Telecommunications ple ("BT") each own 50 percent (1 percent directly and 49 percent indirectly), and share control, of Concert Global, which is 98 percent owned by Concert B.V. (formerly TNV [Netherlands] B.V.). AT&T‘s 49 percent indirect interest in Concert B.V. is held through its wholly owned subsidiaries, VLTH Company L.L.C. (formerly VLT Corp.) and VLT US Holdco LL.C. BT‘s 49 percent indirect interest in Concert B.V. is held through its wholly—owned subsidiaries BT Netherlands Holding B.V., and BT Fifty—Three Ltd. AT&T Corp. is a corporation organized and existing under the laws of the State of New York and primarily provides domestic and international telecommunications services in the U.S. The address of AT&T Corp. is: 295 North Maple Avenue, Basking Ridge, New Jersey 07290.

20 BT is a public limited company org:ini.zec at d exi:siting under "he laws of AInglaad and Wales. BT primarily provides domestic a 1d intert ational t:le :ommun ca ons servicecs in the U.K. The address of BT is: BT Zentrc, &1 Newgate Strset, Londor EC1A 7AJ England. VLTH Company LL.C. is a corporstion crg:imized and existing under the laws of Delaware and is a holding company The ad Iress of VLTH Company |L .C. is 412 Mt. Kemble Avenue, Morristown, New Tersey 0%, 960. VLT US Holdco L.L.C. is a corpora ion o ‘ganized and exis in;; under tie aws of Delaware and is a holding company. The address of VLT US Holdco L.L C. is 41. MHt. Kemble Avenue, Morristown, New .!ersey 07 960. BT Fifty—Three Ltd. is a corporation orjar ize d and existing un der the l:iw: of the Uniied Kingdom and is a holding company. Te idiress of BT Fifty— Three Ltd. is BT Centre:, 81 Newgate Street, London EC1A 7AJ Engla ad BT (Netherlands) Holdings B.V. is a ccrpora ion o ganized and exisiin;; uider the aw‘s of the Netherlands and is a holding conipany The ad Iress of 13T (Netherlands) Holding: B.V. is Overschiestraat 65, 1062XD Arast :rdam, T he Netherlands. Concert B.V. (formerly TNV [Netherlaids ] E.V.) is a corpcration organiized and es isting under the laws of the Netherlands and i;; a ho ding company. The address of Concert B.V. is Overschiestraat 65, 1062XD Arist ‘rdam, The Netherlands. Concert Global has no interlocking cirectc rat3 with any foreig1i carrier. (c)(2)(ii) Concert Global certifies thet it hss not agreed to accept specia. cencessior s directly or indirectly from any foreig i carr er with respect to ary U.S. it teinational route where the foreign carrier possesses suff cic nt market power on the forei zn end of tke route to affect competition adversely in the U.S. market and will not enter into suck agreements in the future.

21 (d) As described in Part ILB of the Application, Concert Global continues to qualify for non—dominant classification pursuant to Section 63.10. 1s/ James Talbot Mark C. Rosenblum Lawrence J. Lafaro James J. R. Talbot Attorneys for Concert Global Network Services Room 1122M1 295 N. Maple Avenue Basking Ridge, NJ 07920 (908) 221—8023 March 1, 2000


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