Attachment 20161220090927-877.p

20161220090927-877.p

SUPPLEMENT

Supplement

2000-09-13

This document pretains to ITC-T/C-20000908-00526 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2000090800526_1382581

                                                                                         Streamlined          ITC—TZC—20000908—00526
                                                                                         A.R.C. NETWORKS, INC.



_ShawPittman
 A Law Partnership Including Professional Corporations




                                                                                                  SEP 08 2000
                                                             September 8§:%%9‘Q\E1.LG>N



 DELIVERY VIA COURIER TO MELLON BANK
                                                                                                RECEIVED
 Ms. Magalie Roman Salas, Secretary
 Federal Communications Commission                                                                sEP 18 ?0008
 The Portals                                                                                        "ans
 445 Twelfth Street, S.W.                                                                         Telecom Division
 Washington, D.C. 20554                                                                         International Bureau

                           Re:          A.R.C. Networks, Inc., InfoHighway Communications
                                         Corporation, GTCR Fund VII, L.P. and
                                         GTCR Co—Invest, L.P. Section 214 Application
                                         for Approval of[ransfers of Control and Mergers

 Dear Ms. Salas:

         On behalf of A.R.C. Networks, Inc., InfoHighway Communications Corporation, GTCR Fund
 VII, L.P., and GTCR Co—Invest, L.P. we hereby submit for filing an original and five copies of a
 Section 214 Application for approval of transfers of control and mergers.

        Pursuant to Section 63.12 of the Commission‘s Rules, the applicants request streamlined
 processing of the enclosed Application.

              An FCC Form 159 and a $780.00 check to cover the required filing fee are attached hereto.

              Please refer all questions and correspondence regarding this filing directly to the undersigned.

                                                                  Very truly yours,


                                                                       a & j y m E 1lk;
                                                                     ;
                                                                  Glenn S. Richards
                                                                  Susan M. Hafeli
                                                                  Counsel for A.R.C. Networks, Inc.
                                                                  InfoHighway Communications Corporation
                                                                  GTCR Fund VII, L.P.
                                                                  GTCR Co—Invest, L.P.

 Enclosures


                                                                                                                        Washington, DC
                                                                                                                        Northern Virginia
                                                                                                                        New York
                                                         |                                                              Los Angeles
                                                         |
2300 N Street, NW Washington, DC 20037—1128              |   202.663.8000 Fax: 202.663.8007      www.shawpittman.com     London
                                                         |
                                                         |
                                                         |


                                  Before the
                   FEDERAL COMMUNICATIONS COMMISSION
                            Washington, D.C. 20554


In the Matter of




                                           N) N NY N N Nt N) Nt Nt Nt Nt Nt Nt Nt N) Nt Nt Nt Nt Nut No) Nt N) Nt
A.R.C. Networks, Inc.

       Transferor,
                                                                                                                    File No. I—T—C—00—
InfoHighway Communications
Corporation,

       Transferor,

GTCR Fund VII, LP.                                                                                                      RECEIVED
       Transferee,                                                                                                        SEP 1 3 2090
                                                                                                                         Telecom Divigion
GTCR Co—Invest, L.P.                                                                                                    International Bureay

       Transferee,



Application for Authority Pursuant to
Section 214 of the Communications Act
of 1934, as amended, for Approval of
Transfers of Control and Mergers


                           APPLICATION FOR APPROVAL OF
                        TRANSFERS OF CONTROL AND MERGERS


       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, A.R.C. Networks, Inc.,

("ARC"), InfoHighway Communications Corporation ("ICC"), GTCR Fund VII, L.P. ("GTCR

VII") and GTCR Co—Invest, L.P. ("GTCR Co—Invest" and, collectively with GTCR VII,


"GTCR"), by their attorneys, hereby request authority for the following i) the acquisition by

GTCR of approximately 71 percent ofthe outstanding common stock of ICC and; ii) the

acquisition of Info—Highway International, Inc. ("IHI") by ICC.

       ARC currently holds Section 214 authority to operate as an international facilities—based

and/or resale carrier between the United States and all foreign points. See File No. ITC—96—032.

ARC is a wholly—owned subsidiary of Arc Networks, Inc., a Delaware corporation ("ARC—

Parent"). ARC—Parent is a wholly—owned subsidiary of ICC. ICC thus currently holds indirect

Section 214 authority.

       Approval of the proposed transfer will serve the public interest. The acquisition of ICC

will promote competition by enabling ARC to have access to additional capital so that it may

expand its facilities and international service offerings. In short, ARC will be positioned to

become a more effective competitor inthe international telecommunications market.

I.     Description of the Transaction

       The parties propose a multi—step transaction under which GTCR will invest a minimum of

$45 million of capital in ICC in exchange for a majority of ICC‘s outstanding common stock.

       The transaction proposes, first, the merger of a newly—formed company wholly—owned by

ICC management into ICC, with ICC being the surviving entity. ICC management and non—

management ICC shareholders will receive stock in the surviving corporation.

Contemporaneously, GTCR will make an initial investment in ICC of $45 million, structured to

include $43.5 million of Class A cumulative, redeemable preferred stock with an eight percent

accruing, compounding dividend and $1.5 million of common stock. The common stock being

acquired by GTCR will consist of 1,512,662 shares of Class A voting common stock of ICC and


 19,850,086 shares of Class B non—voting commonstock of ICC. The shares of Class B non—

voting stock are convertible into shares of Class A voting common stock upon the receipt of the

requisite regulatory approvals for GTCR‘s acquisition of control of ICC. The Class A preferred

stock will be redeemable upon the earlier to occur of an initial public offering or a subsequent

change in control of ICC. The transaction then proposes the merger of a newly—formed

subsidiary of ICCinto Info—Highway International, a Texas corporation, with IHI being the

surviving entity. One IHI executive will exchange his current shares in IHI for common stock in

ICC, while the other IHI executive and non—management IHI shareholders will receive cashin

exchange for their shares.‘

       At the close of the transaction, the existing management of ICC and IHI will hold

approximmately 13 percent (with an additional 2 percent received for issuance to new

management) of the fully—diluted common stock of ICC, GTCR will hold approximately 71

percent of the fully—diluted common stock of ICC (assumning the conversion of the shares of

Class B common stock into shares of Class A common stock), and the original ICC non—

management stockholders will own approximately 12.5% of the fully diluted common stock of

ICC.

       Although the transaction will result in a change in control of ICC, ARC‘s ultimate parent,

it will not involve any change in ARC or in the manner in which services are provided to ARC‘s

customers. After the transaction, ARC will continue to operate under its current name, providing


1     To minimize the risk that receipt of the preferred stock would be taxable to the recipients,
ICC agreed that its stockholders would receive a new class of preferred stock, the Class B
Preferred Stock, in lieu of the Class A Preferred Stock. The Class B Preferred Stock is identical
to the Class A Preferred Stock except that in certain instances holders of Class B Preferred Stock
are denied redemption rights granted to holders of Class A Preferred Stock.


service under its existing tariffs." In effect, the transaction will be transparent to ARC‘s

customers.

II.     Information Required by Section 63.18

        Pursuant to Section 63.18(e)(5) of the Commission‘s Rules, the parties submit the

following:

        (a)    Name and Address of Applicants:

               A.R.C. Networks, Inc.
               1333 Broadway, Suite 1001
               New York, New York 10018

               InfoHighway Communications Corporation
               1333 Broadway, Suite 1001
               New York, New York 10018

               GTCR Fund VII, L.P.
               6100 Sears Tower
               Chicago, Illinois 60606—6402

               GTCR Co—Invest, L.P.
               6100 Sears Tower
               Chicago, Illinois 60606—6402

       (b)     A.R.C. Networks, Inc. is a corporation organized under the laws of the state of

New York. InfoHighway Communications Corporation is a corporation organized under the

laws of the state of Delaware. Both GTCR Fund VII, L.P. and GTCR Co—Invest, L.P. are limited

partnerships organized under the laws of Delaware.

       GTCR Fund VII, L.P. and GTCR Co—Invest, L.P. are managed by GTCR Golder Rauner,

LLC, a leading private equity investment firm and long—term strategic partner for outstanding


2       At such time as ARC cancels its interstate, domestic, interexchange tariff pursuant to 47
C.F.R. § 61.19, ARC will make information regarding the rates, terms, and conditions of its
services publicly available in compliance with 47 C.F.R. §§ 42.10.


management teams. It pioneered the investment strategy of identifying and partnering with

exceptional executives to acquire companies in fragmented and growing industries. GTCR

Golder Rauner LLCcurrently manages more than $4 billion in equity capital invested in a wide

range of companies and industries. Its primary industry focus includes information technology

services, marketing services, healthcare services, outsourced business services, transaction

processing and logistics. Additional information about GTCR Golder Rauner LLC is available

on its website, <<www.gtcr.com>>.

       (c)     Correspondence concerning this applicationshould be sent to Counsel for the

Applicants:

               Glenn S. Richards, Esq.
               ShawPittman
               2300 N Street, N.W.
               Washington, D.C. 20037
               Telephone: (202) 663—8000
               Facsimile: (202) 663—8007

               The designated contact for the continuing operations of ARC is:

               Joseph Gregori, Executive Vice President
               A.R.C. Networks, Inc.
               1333 Broadway, Suite 1001
              New York, New York 10018
              Telephone: (212) 566—2100
              Facsimile: (212) 566—2136

       (d)    ICC‘s subsidiary, ARC, is authorized to operate as an international facilities—

based and resale carrier in accordance with Section 63.18 of the Commission‘s Rules. See File

No. ITC—96—032; see also Attachment 1. No other party to the transaction currently possesses a

Section 214 authorization.


       (e)    Pursuant to this Application, ICC seeks Commission authorization for the


following i) the acquisition by GTCR of approximately 71 percent of the outstanding common

stock of ICC and; ii) the acquisition of IHI by ICC.

        (£)     Not applicable.

        (g)     Not applicable.

        (h)      GTCR Fund VII, L.P. certifies that it has no affiliation with a foreign carrier as

defined in Section 63.18(h)(1) of the Commission‘s Rules. GTCR Fund VII, L.P. further

certifies that it has no affiliation with any U.S. facilities—basedinternational carrier. GTCR Fund

VII, L.P. has no direct or indirect shareholders that hold a ten percent or greaterinterest.

        GTCR Co—Invest, L.P. certifies that it has no affiliation with a foreign carrier as defined

in Section 63.18(h)(1) of the Commission‘s Rules. GTCR Co—Invest, L.P. further certifies that it

has no affiliation with any U.S. facilities—based international carrier. GTCR Co—Invest, L.P. has

no direct or indirect shareholders that hold aten percent or greater interest

        (i)     GTCR Fund VII, L.P. has not agreed to accept special concessions directly or

indirectly from any foreign carrier or administration with respect to traffic or revenue flows

between the U.S. and any foreign country the company is authorized to serve. (GTCR Fund VII,

L.P. further certifies it will not enter into such agreements in the future.

        GTCR Co—Invest, L.P. has not agreed to accept special concessions directly or indirectly

from any foreign carrier or administration with respect to traffic or revenue flows between the

U.S. and any foreign country the company is authority to serve. GTCR Co—Invest, L.P. further

certifies it will not enter into such agreements in the future.

       (J)      See attached certifications.


                                            Conclusion

       A grant of this Application will serve the public interest, convenience, and necessity

because it will promote competition in the provision of international telecommunications

services and thereby advance the goals of the Commission‘s international telecommunications

policies. Accordingly, for the reasons stated above, it is respectfully requested that the

Commission grant this Application.

                                                      Respectfully submitted,

                                                      A.R.C. Networks, Inc.
                                                      InfoHighway Communications
                                                      Corporation
                                                      GTCR Fun.l VITT       T   D


                                                      GTCR Co—


                                                        ¢
                                                         \’/«’ ' ) /,\_,/



                                                      a:nn S. E
                                                      Susan M. H;
                                                      Shaw Pittm:
                                                      2300 N Street, N.W.
                                                      Washington, D.C. 20037

                                                      Their Attorneys




Dated: September 8, 2000


                             SECTION 1.2001 CERTIFICATION


       On behalf of GTCR Fund VII, L.P. and in accordance with Sections 1.2001—1.2003 of the

Commission‘s Rules, 47 C.FE.R. "1.2001—1.2003, I hereby certify that GTCR Fund VII, L.P. is not

subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the

Anti—Drug Abuse Act of 1988. See 21 U.S.C.J} 853(a).




                                      By:    GTCR Fund VII, LP.

                                             By:     GTCR Partners VII, LP.
                                             Its:    General Partner

                                                     By:     GTCR Golder Rauner, LLC.
                                                     Its:    General Partner

                                                            By: '{fl }‘-’CL ,/(,- Q/L—:*v
                                                            Name: David A. Donnini
                                                             Title:   Principal

Dated: 4


                             SECTION 1.2001 CERTIFICATION


       On behalf of GTCR Co—Invest, L.P., and in accordance with Sections 1.2001—1.2003 of

the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby certify that GTCR Co—Invest,

L.P. is not subject to a denial of Federal benefits that includes FCC benefits pursuant to Section

5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853(a).


                                              By:       GTCR CO—INVEST, LP.

                                              By:       GTCR Golder Rauner, LLC
                                              Its:      General Partner


                                              By:         K\)/v»C’ /4,    t3 —-\_
                                                     Name: David A. Donnini
                                                     Title: Principal
                                                     Date:   _4 {/::/54 & &


                                               VERIFICATION


            I am authorized to represent A.R.C. Networks, Inc. and to make this verification on its

   behalf. The statements in the foregoin;z document are true of my own knowledge, except as to

   matters which are therein stated on information and belief, a 1d as to those matters, I believe them

   to be true. I declare under penalty of perjury that the forego ng is true and correct.



                                                                 By: {z)/é» ‘Z%

                                                                 Name:        Peter Parrinello

                                                                 Title:       President

                                                                 Date:              7{” 3 /O C




                                                     ya—
   Sworn and subscribed to before me this / 7

   day of          _J           , 2000.

        /c;z;;,ilg,f\
   ~ZlZIh
                                                 oWiinee
                                           Notary LPU“'\”L’”S:EQ’FEQT
L/N(Z(}{YVPUbHC                                 y Pusiic; o
                                                  No 4881434       ew York
                                          %ua!ified in Nassau
                                                             & Now York Co.
               .        $   *               ommissio;
   My Commussion expires                            n Expires June 9, 189°> o>


                                             VERIFICATION


        I am authorized to represent InfoHighway Communications Corporation and to make this

verification on its behalf. The statements in the foregoing document are true of my own

knowledge, except as to matters which are therein stated on information and belief, and as to

those matters, I believe them to be true. I declare under penalty of perjury that the foregoing is

true and correct.



                                                                «. fae§M
                                                                Name:     Peter Parrinello

                                                                Title:    President          /z

                                                                Date:      7    // 7 ,/00
                                                                               /        T




                                                      L4
Sworn andsubscribed to before me this / 7




  prrawl
day of                     , 2000.



Notary/,liubhc                        Noqary EXMNlic;Msciemey
                                                      State of Naw Y
                                  Qualified in Nass   e1a
                                                       & gy        *O*
           ie        C               Commission Explarle‘s JNW York Co,
My Commission expires                                     une9,4800 c 2_


                                             VERIFICATION


       I am authorized to represent Info—Highway International, Inc. and to make this

verification on its behalf. The statements in the foregoing document are true of my own

knowledge, except as to matters which are therein stated on information and belief, and as to

those matters, I believe them to be true. I declare under penalty of perjury that the foregoing is

true and correct.



                                                                 AItcceteen—
                                                      By: /'//w #,


                                                      Name:          Glenn Kramer



                                                      Title:         President

                                                               us      y,
                                                      Date:      C */¢p




                    .                    .      7
Sworn and subscribed to before me this _LZ_
day of 674‘ /‘/:            , 2000.                                           DANETTE CROCKER
                                                                             MY COMMISSION EXPIRES
                                                                              November 26, 2000



Notary Public


My Commission expires                 //’éé ~(x.)


                                         VERIFICATION

       I am authorized to represent GTCR Fund VII, L.P., and to make this verification on its

behalf. The statements in the foregoing document are true of my own knowledge, except as to

matters which are therein stated on information ar.d belief, and as to those matters, I believe them

to be true. I declare under penalty of pegjury that the foregoing is true and correct.



                                       By:       GTCR Fund VIL, LP.

                                                 By:       GTCR Partners VII, L.P.
                                                 Its:      General Partner

                                                          By:      GTCR Golder Rauner, LLC.
                                                          Its:     General Partner

                                                                   By:      Q"’Va/{i {Q—‘::"
                                                                   Name: David A. Donnini
                                                                   Title: Principal
                                                                   Date:




Sworn and subscn'bed to before me this
{/*~ day of . Ms it     _ , 2000.

//)                                          $          "OrriciaL
                                                          ‘FICIAL SEAL
                                                 AnnmainrnAananinat

        /                                                          SE
LZML/ %M                                     g           Carol Zygadlo
Notary Publisc‘ 4                             ) Notary Public, State of IMlinois
                                             g My Commission Expires 7/27/02

My Commission expires 7—2 7—0J~


                                         VERIFICATION

       I am authorized to represent GTCR Co—Invest, L.P., and to make this verification on its

behalf. The statements in the foregoing document are true of my own knowledge, except as to

matters which are therein stated on information and belief, and as to those matters, I believe them

to be true. I declare under penalty of perjury that the foregoing is true and correct.


                                                           By:        GTCR CO—INVEST, LP.

                                                           By:        GTCR Golder Rauner, LLC
                                                           Its:       General Partner


                                                           By:      /VO/W&J 4 47        hestpig
                                                           Name: David A. Donnini
                                                           Title: Principal
          pog
Dated:_q | = /«:‘C’



Sworn and subscribed to before me this ;i
day Of _Szcotenmudame , 2000.

 i          7         4                      iiwmwna
 Kiakk Prrss tb                             "OFFICIAL SEAL®
AAAPE _ /"’/’&'4 M                             Carol Zygadlo
Notary Public‘                          Notary Public, State of Illinois
                                       My Commission Expires 7/27/02

My Commission expires


                     Attachment 1




Grant of ARC Networks, Inc.‘s Authority to Operate as an
    International Facilities—Based and Resale Carrier


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        FrePUBLIC NOTICE
            ***         PEDERAL COMMUNIC               TIONS COMMISSION
                        1919 M STREET N. W
                        WwWaASHINGTON, D.C.            2554
                         News medie mrormauon 202 4|   500. Aecorved asung or rewweses enc texts 202 418—2222


        REPORT # 1—8155                                                                         14 March 1996

                      OVvVERsEASs COMMON C.            ‘RIER SECTION 214 APPLICATION
                                       ACTI            VS TAKEN
                                        (Formal S      tion 63.01)



        The following applications for internat        al section 214 certification have been granted
       effective March 8, 1996 pursusant to t          Commission‘s streamnilined processing procedures
       set forth in Section 63.12 of the Comn          sion‘s Aules, 47 C.F.R. (All are resale of public
       switched service}.

       ITC File      No.Apnplicant

       ITC—96—013    MCI Telecommunications            rporation
       ITC—96—014      OrmmniTel, Inc.
       ITC—96—015     The MMC Interactive Exct         ige
       ITC—96—016    Atmuri Telecom, inc.
       ITC—96—017    American‘s New Beginnint          nc.
       ITC—96—018    Trans Global Communicati          s, Inc.
       ITC—96—019    Granite State Long Distani         Inc.

       The following applications for internatit       i1 section 214 certification have been granted
       effective March 11, 1996 pursusant to t         Commission‘s streamlined processing procedures
       set forth in Section 63.12 of the Comm          ion‘s Rules, 47 C.F.R. (All are resale of public
       switched service).

       ITC File      No.Applicant

       ITC—96—022    international Voice & Data 1c.
       ITC—96—023    Fox Telecommunications, i..~.
       ITC—96—024    Utopia Communications Corporation
       ITC—96—025    ARYA International Communications Corp.
       ITC—96—027    Development Ventures iInternational, inc.
       ITC—96—028    Five Star Telecom, Inc.
       ITC—96—029     Gillette Global Network, Inc.
       ITC—96—030    international Telephone Group, inc.


               584M                                                .                    P
ITC—96—031     INTER ACCESS, INC.
ITC—96—032     A.R.C. NETWORKS, INC.                           _                                    "
1TC—96—033     UNICOM, Inc.
ITC—96—034     Western Union Communications, Inc.
ITC—96—035     SunTel Communications, Inc.
1TC—96—036     PTT Telekom, Inc.
ITC—96—037     BHC Telenet, Inc.
ITC—96—038     Lone Star Long Distance, Inc.
ITC—96—042     Centurion in TelNet
ITC—96—043     Voice Telephone Company

        The applicants listed above are authorized to provide international switched services
by reselling the international switched services of other carriers as listed in their application
and only in accordance with all rules, regulations and policies of the Commission.

CORRECTIONs

ITC—96—064    Telefonica Larga Distancia de Puerto Rico, Inc. Appearing in Pubilic
              Notice, Reported # /—8 141 dated 2Feb96 as Streamiine. it should be
              Non—Streamiline.


             — 52844                                                 <o                        c
 Deceink »r 109. tor Svieiien. Se :FO VOR )L. 4/ M I,Or le :¢n Reec in sit eration .
 9 FCU£od 496 5, 407.) 118694 1; aCC Glol al Cirg , 9 1 °C ; ledd 62. !0 (1994); ane
 Cable & Wilruess Inc. eia, 74 96—17, ‘elrace‘Jan iay 1t, 1§ 96. These seiw—
 annuilrpornis s he / be filkd wi h ‘he C or in issvio 11 ot la ei th ar Sepreinbt ar 3C) for ; he
 first six— mon h za‘endir perid, and M arch 3 1)r the sewond si—rio ith calinar
 perioc‘. "his poicy doe.n>t 1f sc t the re uw reine nt that lo nimant ini ara. iona. piiv. te
 line re se lers are raquired to fiiz» ivith ‘he C orimn is: ion «ui rt irly tra Fil rports.

 Further, ippliza its: or any oe rsi in or c or ipinias di ectly 0. ir divec t/) c in ‘rollinmg thi m
 or cor tri lled 3y th im, ©riuncer divect ir. ncirect ce nmo 1 cou‘trol wi‘h ‘hioim, sha‘ll 1 ot
 acquiie i‘r en,oy ay right for ‘he purnoie:of} ar dling 0. ir tercuiaing.ng trafi‘ic to or
 from (he Uniiea St‘ates is eritiries o~possess ons viiciis ileiiie 1 o any ot} er
 Unitee‘ States corr er by reavior c‘ any cor ces an. cor tri ci. unceist.i n ling, or
 workig arraiigiem»nt io wiici he eoglican‘s or any sicl persos o. corip.in. 2s
 contrellin g or cenirollew‘ by he anplic in s ire pares.

  All of the apglic in‘s lis ec i tuiis pub ic n« tice shoallfil e tormf pu.suart to Se:ti in
  203 o0‘ te Com n nicaions At f 18 3« , is an en ded, 4" U!.<G.C. ie ti in 21003, a id
  Part 61 i f the C on missioni‘s R ie s, 4. C.F R. Pirt 61, o1 t o seivi:e.: rrque.sted in
. their applicat or.    The anpicion:s skall fl‘e th» innuoil renorts <f »warsees te o—
  commun caticns t affic mquind by cectiinm 41.01.              "uti ei, h crait oi thee
  applicati ns sha l wot br wou siud to ir clido e ut r0riz timm for <the t ar smissicn of
  money ir conne :tin with the ;e vice: ihe apmpi‘cints | avie beer g ven iwwuthoriy ‘o
  provide. The iraisi nissin of minay is 10 °c insic errd to )e a :romne n cairier serics.

If any ap; licant i n selling se vice »bta ne d juisu ar t to a ciinirairt, th e wpjy licant :h ill
file publi ly any :o itracts erte ec@ intc it othr :arriers o1 a coniract summay n
accordan :e with Srction 203 of the (omuinucat ons \c:, 47 L.S.C                      5§ 203, an d
Competit on inthe Inte stit Iiterexcharg 2UMirk itplac:e 6 FCC i‘ew‘ i 880, E9( 2
(1991).     in adilit»n, the smm ic:s ontein»d b contrc; shall je macse generai‘y
available to sirniiir‘ ; situaltza ci‘siame.s it tho s an‘e teim:;, :sonaiti in a nd rates.

To the ex ‘ent tha t e ny of th e ib v »—list :d U. S. ce rriars ir. te 10 to pio1 id >i~ternati inal
call—back service: ihrrough thr use of unc on 1petrd call igneling, th 2i avithorize tion
to resell international switched voice and/or data services to provide these services is
expressly subject to the conditions listed in VIA USA Ltd., et. al., 9 FCC Red 2288
(1994), affirmed in Order on Reconsideration, 10 FCC ARed 9540 (1995).

Petitions for reconsideration under Section 1.106 or applications for review under
Section 1.115 of the Commission‘s Rules in regard to the grant of any of these
applications may be filed within 30 days of this public notice (see Section 1.4 (b) (2)).

For additional information concerning this matter, please contact Mary Cobbs (202)
418—1492 or Rudy Bandong (202) 418—1493.

                                                —4—


 ‘                     .                                                             m ogA s

 Applicants shall file      nual reports of ci)      it additions in accordance with the
 requirements set for       in RulesforFiling        InternationalCircuitStatusRepoirts,, CC
 Docket No. 93—157,         port and Order, ;        FCC Red 8605 (19985). Applicants also
 shall file with the Cc     mission a copy of        ny operating agreement enteredinto with
 its foreign correspor      nts within thirty        0) daysof its execution, and shall other—
 wise comply with t         filing requiremen        containedin Section 43.51 of the Com—
 mission‘s Rules. in .      dition, those appi       ints reselling international intercornnected
 private lines to Cana      , Sweden and the         Inited Kingdom shall file all arrangements
 for private line interci   2ection to the Unii      1 States public switched network pursuant
 to this section.

 Those applicants res       ing international |      ‘vate lines for the provision of non—inter—
 connected private lin      ‘ervice are lirmited      the provision of such private line service
 only between the Un        d States andthos         points listed in their application — — that is,
private lines which o       inate in the Unite       States and terrninate in one of the points
listed in their applic      on, or which ori,        1ate in one of the points listed in their
application and termi       te in the United St      2s. in addition, applicants may not — — and
the applicants‘ tariffs     ust state that the       »plicants‘ customers may not —— connect
private lines providea      rer these facilities      the public switched network at either the
U.S. or foreign ei             or both,       fCo     the provision of international basic
telecommunications s        vices, including s\      tched voice services, unless authorized to
do so by the Cormmis:       n upon a finding t       t the foreign administration affords resale
opportunities equivai       t to those avail         e under U.S. law, in accordance with
RegulationofInternai        ra! AccountingRa         s,Phase II, First Report and Order, 7 FCC
Acd 559 (1991), Or          on Reconsiderai          n _and Third Further Noticeof Propased
Rulemaking, 7 FCC R          7927 (1992), pe         fionforreconsiderationpending.
in addition, applicant:     uthorized to rese/       iternational private lines for the provision
of switched services L      ween the United          ites and Canada or Sweden or the United
Kingdom are limited ti      7e provisian of su        services between the United States and
Canada or Sweden o1         1e United Kingdor.       — that is, private lines which carry traffic
that originates in the L    ted States, and te.      inates in Canacda or Sweden or the United
Kingdom, or traffic th.     originates in Cane       » or Sweden or the United Kingdom, that
terminates in the Unit      _ States.

Grant of applications to resell international private lines for the provision of switched
services and interconnected private line services between the United States and
Canada,Sweden and/or the United Kingdom is conditioned upon Canada Sweden
and/or the United Kingdom continuing to afford resale opportunities equiva lent to
those available under U.S. law. In addition, all such non—dominant private line
resellers are required to file with the Commission on a semi—annual                    basis the
information contained in the annual traffic reports required by Section 43.61 of the
Commission‘s Rules. This reporting requirement applies to traffic carried through
December 1995 for Canada, December 1997 for the United Kingdon, and

                                               —J.



Document Created: 2019-04-14 13:58:11
Document Modified: 2019-04-14 13:58:11

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