Attachment 20170103160634-367.p

20170103160634-367.p

SUPPLEMENT

Supplement

2001-03-02

This document pretains to ITC-T/C-20010226-00107 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2001022600107_1390880

Streamlined ITC—T/C—20010226—00107 DACOM AMERICA, INC. AKIN, GUMP, STtRAUSS, ATTORNEYS % <Bm c7o 9 oo ® Zuul AUSTIN Cl FLt tiH L0 — A REGISTERED LIMITED LIABILITY PARTNERSHIP\! | [ LL BRUssELS DALLAS INCLUDING PROFESSIONAL CORPORATIONS ***~~** DENVER | 676 INTERNATIONAL DRIVE p Houston MCLEAN, VIRGINIA 22 1 02 ‘I : ' LONDON (703) 89 1—7500 LOS ANGELES Moscow FAX (703) 891—750 1 NEW YoRnKk www.akingump.com ER lE(: E f v E D NORTHERN VIRGINIA PHILADELPHIA SAN ANTONIO WRITER‘s DIRECT DIAL NumBEeR 703—891—7518 WASHINGTON, D.C. WRITER‘s E—MAIL ADDRESS MAR 0 Z 2001 RIYADH — IN AFFILIATION WITH THE Licensep in Dc LAW OFFICE OF ABDULAZIZ H. FAHAD Telecom Division International Bureau February 26, 2001 Federal Communications Commission International Bureau —— Telecommunications Post Office Box 358115 Pittsburgh, PA 15251—5115 Dear Ladies and Gentlemen: Enclosed on behalf of DACOM America, Inc. ("DACOM") are an original and five copies of an Application to Transfer Control of DACOM‘s Global Section 214 Authorization. Also enclosed are FCC Form 159 and a check in the amount of $815.00 to cover the fee for this application. Please direct any inquiries to the undersigned. Sincerely, Daniel E. Poliner. Esq. cc: Mr. George Li

et us RECEIVED MAR 0 2 2001 Telecom Division International Bureau Before the F {RAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter 0 ) ) Shareholders 0 m Corporation ) Rle No:—IIC=:_—_1—=__ ) Transfe ) ) LG Group ) J Transfe J ) Application for ority Under ) Section 214 of ommunications ) Act of 1934, as ided, to Transfer ) Control of Aut! tion to Provide ) International F; :s—Based Services ) andInternation iale Services, ) On a Global B: ) APP .TION FOR AUTHORITY TO TRANSFER CONTROL The sha. _.._. Jers of Dacom Corporation and LG Group hereby request authority, pursuant to Section 214 of the Communications Act of 1934 (the "Act‘), as amended, 47 U.S.C. § 214, and 47 C.F.R. § 63.18 of the rules of the Federal Communications Commission ("FCC" or "Commission"), to transfer control of Dacom America, Inc. ("Dacom America") to five companies organized and existing under the laws of the Republic of Korea (hereinafter, "LG Group"). Dacom America is a wholly—owned subsidiary of Dacom Corporation and holds a global Section 214 authorization to provide 073033.0011 DC 421841 vi

facilities—based and resale services.‘ The shareholders of Dacom Corporation and LG Group request streamlined processing of this application in accordance with Section 63.12(c)(1)(i) of the rules of the FCC, 47 C.F.R. § 63.12(c)(1)(i). In January 2000, LG Group acquired in the aggregate a 56 percent ownership interest in Dacom Corporation by purchasing stock from existing shareholders of Dacom Corporation. Although this ownership change was completed in January, the parties did not believe that FCC consent was required since the 56 percent interest is not held by any single entity, but instead is split among different LG Group members. These LG Groixp members are not under common management or subject to common control, but instead are independent corporate entities. As a result, 56 percent of the ownership of Dacom Corporation has been transferred to and is dispersed among members of the LG Group. There is no holding company or other corporate entity that controls the members of LG Group. In addition, there are no changes in the ownership of Dacom America." As a result, Dacom Corporation continues to own 100% of Dacom America and manage Dacom America. Even though the 56 percent ownership interest in Dacom Corporation is dispersed among five different entities, which are not under common control, the parties are filing this application seeking FCCconsent to relinquish control of Dacom America I The Dacom America Section 214 authorization number is: ITC—21419980807—00549 (Effective September 18, 1998). See Public Notice, Overseas Common Carrier Section 214 Applications, Actions Taken, DA No. 98—1934 (rel. September 24, 1998). 2 As previously reported to the FCC at the time Dacom America applied for a Section 214 authorization, Dacom America is organized and existing under the laws of the state of Delaware and Dacom Corporation is organized and existing under the laws of the Republic of Korea. See Dacom America, Inc. Application for Section 214 Authorization, File No. ITC—214—19980807—00549 (filed Aug. 7, 1998). The application was processed on a streamlined basis and granted September 18, 1998. See Public Notice Overseas Common Carrier Section 214 Applications, Actions Taken, DA No. 98—1934 (rel. September 24, 1998).

fron the shareholders of Dacom Corpo ation throuzh the trans:‘er of 156 percen interest in Dacom Corpora ion to these varic us LC: Grow p entities. Th: five sntities that hold in agwegat: 56 percen:: intercst in Jacorn Cor »oration are: _G El sctror ics, Inc., which h olds 49.0 percent of the ownership of Da:om Corf oraticn; anc. LG IndustAal S3 stem: Co., Ltd; L G Cale Ltd., LG Inter natior al Corp. and | —G Investm ‘nt an 1 Securities Co., _td., which in the aggregate h old an addi ional 7 percint of the ov merst ip of Dacoia Cor porati on. Althouglt each entity acts : ndep: ndent of th: othe:s, thi; ownrship chan:e will enab le eac 1 to d versify its produc t and service offerings by marketin z products ind services ut der t e LG Group bran 1 nan e. For exarople, LG Elsctror ics, Inic. m; nufactures televisions, othe : housshold electionics and other tslecoinmunicationis equipme: it such as telep hones ahd t andsets. The inv :stme it of tie LC Grow p meinbers in Da:om Corf oration will not iinpede Dace m Arnnierica‘s continued focu;; on tt e provision of telec mmnicat ons services to it: custumers, and will raise Dzcom Corpo:ation s profile in the Republic of Korza since it vvill be marketing its services inder the LG Group brand name. Accordingly, applicants submit that the public interest, convenience and necessity will be served by a grant of this application. Pursuant to 47 C.F.R. § 63.18 of the rules of the FCC, Dacom Corporation and LG Group set forth the following information in support of its request for authorization: (a) LG Electronics, Inc. will serve as the representative for the six LG Group members. Accordingly, the name, address and telephone number of the transferor and

transferee are as follows: For the Trarsferes: (@/o LG Electronics, Inc. .0 Yoido—dong ‘Zoungdung >0—gu Seoul, Kore i ~elept one: 322—3 777—3120 Fo:the Transferor: c/o Dacom Corporation 135—6° 0 DA CON Bldg 706—1, Yeok sam—dong, Cangnam—k : Seoul, Kore i (b) Each of the con panies in L G Group (i.2. the vario is trar sferes) are organized and existing under the law s of the Reublic of Korea. ‘Jacori Amurica, ‘he holder of the Section 214 authorization, is a corporation organizel and +xistinig unc er the laws of the state of Delaware. Because Di.com Corporation is a c ampaiiy org anized under the laws of Korea and its stock is puljlicly traded in K »ea, ‘ve wi 1 assu me th it the transferor, many Dacom Corpcratior sharcholders, all eithe are c ompa iies 0 ‘ganized and existing under the laws of the BRepublic of Korea or ar: Korcan ci izens (c) LG Electronics, Inc. will serve as the representativ : for t 1e five LG Group members and Dacom America will serve as the contact representative for Dacom Corporation. Accordingly, the name, title, address and telephone number of the contact point(s) to whom correspondence should be sent is: For the Transferee: c/o LG Electronics, Inc. 20 Yoido—dong Youngdungpo—gu Seoul, Korea Telephone: 822—3777—3420

F the Transferor. c/ > Ms. Eun Kyung Lee D icom America, Inc. O ie Executive Drive, 3"" Floor Fort Le:, NJ. 07024 Tolephone: (201) 585—0022 an 1 a co»y of he cotespondencs alsc should be sent to: Tori W. ) Javid son, Esq. Akin, Gu np, S rauss, Hauer & Feld, L.L.P. 1333 Nev: Hanipshire Ave., N.W. Suite 400 Washingt on, D C. 20036 Telephon :: (202) 887—4011 (1) None of the: LG (iroup members hold a section 214 iwuthoizaticn. Dacom Ccrporaiion h; s not received an ; prior authorizations under Section, 214 of the Act other thi n the Secticn 214 authcrizati m held by its wholly—owned subsiciary, ] Jaconi America, wh ich is the si bject of this. appl: cation. (+) Not applic: ble. () Not spplic:ble. (1) Not applic: ble. (@) The LG Group members hold an aggregate 56 percent ownership interest in Dacom Corporation. LG Electronics, Inc., which is principally engaged in manufacturing electronic and telecommunications equipment holds 49.0 percent of the ownership of Dacom Corporation. The remaining 7 percent ownership in Dacom Corporation is dispersed among four other members of the LG Group: LG Industrial Systems Co., Ltd.; LG Cable Ltd.; LG International Corp.; and LG Investment and Securities Co., Ltd. There are no other entities that hold a 10 percent or greater interest in Dacom Corporation. In addition, LG Group certifies that none of the LG Group entities have any interlocking directorates with a foreign telecommunications carrier.

(1) Ey the attached ce tifica ion, LG Group cortifie: that none of the LG Group meiaters has an affili; tion with a foreig n carrier. 0) Ey the attached cetifica ion, 1.G Group c rtifie: that ione of the LG Group meinbers are foreign c arrier ; in th : Rep iblic of Korea. 1 he on y for :ign carrier is Dacom Cor poration. Arccordi igly, |—.G G: oup, y this: transfer of control wil provide in ernational tele :soinmunicat ons service ; betv een tlie Un ted States and the Repi blic of Ko1 za. (k) The Re jublic of K »ea i : a member of the Worl 1 Traile Organiz; tion and sigr atory to the Basic Telecom A; reem :nt. In addition, .G G1 oup 1; cks marke{ power in the ¢epublic of Korea 5 (1) This se :tion does 1 ot apjly to LG Group : nd the: LG (Jroup mem ers bec. use they do not se :k to —esell the in ernational switcl ed se vices of an unaff liated U.S. cart ‘er for the purpose of providit g inte national commu iicatic ns se: vices to the Republic of Korsa. (m) By this transier of :ontrcl, LG Group seeks regt latory status as a non— don.in int carrier for th e provision of tel :communication: services to the Republ ic of l{orea. Pursuant to Section 63.10(a)(3) of the rules of the FCC, 47 C.F.R. § 63.10(a)(3), other than Dacom Corporation, neither LG Group nor any of the LG Group members are a foreign carrier. Accordingly, LG Group lacks a fifty (50) percent market share in the international transport and the local access markets in the Republic of Korea. 3 Dacom Corporation also lacks 50 percent market share in the international transport and local access markets in the Republic of Korea. As a result, Dacom Corporation lacks market power in the Republic of Korea. * LG Group will not alter the services of Dacom America. At this time, under the authority of its Section 214 authorization, Dacom America provides switched, basic telecommunications services using resold international private lines only in circumstances where the Commission has specifically authorized the provision of such services to particular countries at the foreign end.

(n) B y the attach :d certifica i0n, 1.G Gr oup ct rtifie: that :t has not receivec! or agre d to : ccept any special concessions, directly or indiu 2ctly, from any foreign carrier with respe :t to a 1y U.3. inte maticnal route where t ie for ‘ign c arrier possess sufficien‘ mark et po‘ver or the foreigr end of the route to affect co1 npetition acversely in the U.3. mark et anc will iot enter int o such agreemen :s in the futre. (0) B y the attach :d certificaion, LG Group he reby certifi :s tha : no party tc this applicsatior is su»ject to a de nial of Fed=ral bemefits purst ant to Section 53 )1 of the Ati— Drug Abus e Act of 1938. (p) L 3 Grcup re juests strea nlined processing pursiiant to Sect on 63.1¢::(c)(1 (i) of the rules of the FZCC, 47 C.FR. § 63.12(:)(1)( ). LC Group seeks authorizati n pu: suant to the term s and condi:ions ?)f Sec ions ©3.18(e)(1); 63.18(e)(2}; and 63.1{i(e)(6 of th : rule; of th: FCC, 47 Z.F.R §63.18(e) 1); 4; C.F.?. § 63.18(e)(2); ind 47 C FR. ; 63.13(e)(€). As a result, L(G Gro ip anc its m smbe s qualify fcr streamlined procussing becat se it seeks : i0 other authorizition :vailal le unler Section 63.18(e) of the rules of the FCC 47 C.F.R. § 63.18(e). LG Ciroup also q 1alific s for streamlined processing because LG Group and its members lack sufficient market power in the Republic of Korea to affect competition adversely in the U.S. market. In addition, LG Group is presumptively non—dominant pursuant to Section 63.10 of the rules of the FCC, 47 C.F.R. § 63.10, since LG Group and its members lack a 50 percent market share in the international transport and the local access markets in the Republic of Korea. In addition, the Republic of Korea is a member of the World Trade Organization and signatory to the Basic Telecom Agreement.

Conclusion The Republic of Korea has demonstrated its strong commitment to introclucing competition in the telecommunications sector through its signature of the World Trade Organization Basic Telecom Agreement. The entry by LG Group into the U.S. market will bring greater competition and services in the U.S. telecommunications sector. Accordingly, a grant of this application to transfer control of Dacom America to LG Group will serve the putlic interest, convenience and necessit,. Respecifully submitted, Dacom Corporation, on behalf of Transferor sy LSO _ Jong—Seong Yoon Senior Managing Director LG Electronics, Inc., on behalf of Transferee By: é;%‘;é %Z f& Jong—Ho Park Senior General Manager February !%, 2001

CERTIFICATION I, Jong—Ho Park, a representative of LG Electroni:s, inc., in 1.G Group n ember a id a 49 percent equity holder in Dacom Corporation, t ereby ce tify t iat 1. Neither LG Group nor members of the L(G (Group are affili ated with ary : oreign carrier, other than Dacom Corporation, as defined i1 47 C.F R. § 03. .8(h)(1), a telecommunications carrier in the Republic of Kore a. 2: Members of the LG Group all are organized and ¢xis ting v nd »r the lav‘s of the Republic of Korea and Dacom America is a wholly owned s ub id ar of Daccem Corporation. Members of LG Group have no interl »ckinz d recto ‘ates with fcrei gn telecommunications companies. 3. LG Group and members of the LG Group ce rtify tha thzy 1ave no affilia ion, as defined in 47 C.F.R. § 63.18(h)(3), with any U.S. currier whose services Dacom America will resell. 4. LG Group and members of the LG Group hi ve not a read to riccept spz2ci al concessions directly or indirectly from any foreign warrier wth res pect to any J..}. international route where the foreizgn carrier possess es suffic ent n arl:et powe 0| the foreign end of the route to affect competition adver iely in th : U.S market anc w 11 not enter into such agreements in the future. 5. No party to this application is subject to a dinial of Fedcra benefits purs\ ant to Section 5301 of the Anti—Drug Abuse Act of 1998. faf Iny 3oflg-Ho’ Park * Senior General Manager LG Electronics, Inc. Dated: February \*~_, 2001

READ INSTRUCTIONS CAREFULLY ‘ BEFORE PROCEEDING Approved by OMB FEDERAL COMMUNICATIONS COMMISSION seoP—base REMITTANCE ADVICE Page No ___ of __ SPECIAL USE (1) LOCKBOX # FCC USE ONLY 358115 SECTION A — PAYER INFORMATION (2) PAYER NAME (ifpaying by credit card, enter name exactly as it appears on your card) (3) TOTAL AMOUNT PAID (U.S. Dollars and Dacom America, Inc. $815.00 (4) STREET ADDRESS LINE NO. 1 One Executive Drive, 3rd Floor (5) STREET ADDRESS LINE NO. 2 (6) CITY (7) STATE (8) ZIP CODE Fort Lee NJ 07024 = (9) DAYTIME TELEPHONE NUMBER (include area code) (10) COUNTRY CODE (ifnot in U.S.A.) (201) 585—0022 FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (11) PAYER (FRN) (12) PAYER (TIN) 113092445 IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C) (13) APPLICANT NAME (14) STREET ADDRESS LINE NO. 1 (15) STREET ADDRESS LINE NO. 2 (16) CITY (17) STATE (18) ZIP CODE (19) DAYTIME TELEPHONE NUMBER (include area code) (20) COUNTRY CODE (ifnot in U.S.A.) FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED (21) APPLICANT (FRN) (22) APPLICANT (TIN) COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET (23A) CALL SIGN/OTHER ID (24A) PAYMENT TYPE CODE (25A) QUANTITY ITC—21419980807—00549 CUT 1 (26A) FEE DUE FOR (PTC) (27A) TOTAL FEE FCC USE ONLY £8 15. $815. 00 (28A) FCC CODE 1 (29A) FCC CODE 2 (23B) CALL SIGN/OTHER ID (24B) PAYMENT TYPE CODE (25B) QUANTITY (26B) FEE DUE FOR (PTC) (278) TOTAL FEE FCC USE ONLY (28B) FCC CODE 1 (29B) FCC CODE 2 SECTION D — CERTIFICATION (30) CERTIFICATION STATEMENT iDaniel E. Pollner ,certify under penalty ofperjury that the foregoing and supporting information is true and correct to the best ofmy knowledge, information and belief. SIGNATURI; b/y% g//fi"é’(/ pats __L/Z6/C 1 SECTION E — CREDIT CARD PAYMENT INFORMATION 36 MASTERCARD/VISA ACCOUNT NUMBER: EXPIRATION []] MasTERCARD L L L LE L L L L 1 1 | 1 I hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s)/authorization herein described. [] visa SIGNATURE DATE SEE PUBLIC BURDEN ON REVERSE FCC FORM 159 FEBRUARY 2000 (REVISED)

AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. CHECK NO. 230645 YOUR INVOTCE NO. INVOICE DATE CLTENT NO. MTR NO. AMOUNT DESCRIPTION REQUESTOR FEO 21501A 02/15/01 073033 0011 § 815.00|FILING FEE D POLLN Y FEATURES — SEE BACK FOR DETAI — FIRST UNION NATIONAL BANK O WASHINGTCN DC CHECK NO, 230645 Washington, DC 2000 22/540 OID AFTER 6 MONTHS UThoRizEeDsienkrone J 1" 230 6 4 §1° 6205400 4 2206 2000037 75 2400°


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