Attachment 20170202135239-687.p

20170202135239-687.p

SUPPLEMENT

Supplement

1999-03-04

This document pretains to ITC-TAO-19990304-00120 for Temporary Authority on a International Telecommunications filing.

IBFS_ITCTAO1999030400120_1413174

ORIGINAL SWIDLER BERLIN SHEREFF FRIEDMAN, LLP WASHINGTON OFFICE NEW Yoix OFFICE 3000 K STREET, NW, SUITE 300 919 THUW AVENUE WASHINGTON, DC 20007-5116 NEw YORK, NY 10022-9998 TELEPHONE (202) 424-7500 TELEPHONE (212) 758-9500 FACSIMILE (212) 758-9526 FACSIMILE (202) 424-7647 March 4, 1999 Ir-TA 0/0( VIA COURIER Ak119 Ms. Magalie Roman S alas, Esq. Secretary Federal Communications Commission International Bureau P.O. Box 358115 Pittsburgh, PA 15251-5115 Attention: Troy Tanner International Bureau Re: Request of Metromedia Fiber Network Services Inc. for Special Tempora Authority Dear Secretary Salas: Metromedia Fiber Network Services, Inc. ("MFNS"), by its undersigned counsel, pursuant to Section 214 of the Communications Act of 1934, as amended, and Section 63.04 of the Commission's Rules, 47 C.F.R. § 63.04 (1998), hereby requests expedited Special Temporary Authority ("STA") to provide international telecommunications services between the United States and various international points for the urgent reasons set forth herein. Specifically, MFNS seeks such authority at the earliest feasible date in order to satisfy customer contracts to provide international telecommunications services pending grant of MFNS' Section 214 application for regular authority. MFNS seeks authority to provide the services described in its pending Section 214 application, a copy of which is attached hereto. In support of its request, MFNS incorporates by reference the information contained in the attached application. By way ofbackground, MFNS is a Delaware Corporation. MFNS is not "affiliated," as that term is defined by Part 63 of the Commission's Rules LI with any foreign carrier that has sufficient market power to present a "significant potential impact on competition in the U.S. market for '/ 47 C.F.R. §63.18(h) (1998).

SWIDLER BERUN SHEREFF FRIEDMAN, LLP WASHINGTON OFFICE NEW YORK OFFICE 3000KSTREEi NW SurrE 300 919 THIRD AVENUE WASHINGTON, DC 2C007-5 116 NEW YORK, NY 10022-9998 TELEPHONE (202) 424-7500 TELEPHONE (212) 758-9500 FACSIMILE (202) 424-7647 March 4, 1999 FACSIMILE (212) 758-9526 Streamlined ITC-TAO-1 9990304-00120 VIA COURIER METROMEDIA FIBER NETWORK SERVICES, INC. Ms. Magalie Roman Salas, Esq. Secretary Federal Communications Commission International Bureau P.O. Box 358115 Pittsburgh, PA 15251-5115 Attention: Troy Tanner International Bureau Re: Request of Metromedia Fiber Network Services. Inc. for Special Temporary Authority Dear Secretary Salas: Metromedia Fiber Network Services, Inc. ("MFNS"), by its undersigned counsel, pursuant to Section 214 of the Communications Act of 1934, as amended, and Section 63.04 of the Commission's Rules, 47 C.F.R. § 63.04 (1998), hereby requests expedited Special Temporary Authority ("STA") to provide international telecommunications services between the United States and various international points for the urgent reasons set forth herein. Specifically, MFNS seeks such authority at the earliest feasible date in order to satisfy customer contracts to provide international telecommunications services pending grant of MFNS' Section 214 application for regular authority. MFNS seeks authority to provide the services described in its pending Section 214 application, a copy of which is attached hereto. In support of its request, MFNS incorporates by reference the information contained in the attached application. Byway of background, MFNS is a Delaware Corporation. MFNS is not "affiliated," as that term is defined by Part 63 of the Commission's Rules1-' with any foreign carrier that has sufficient market power to present a "significant potential impact on competition in the U.S. market for !' 47 C.F.R. §63.18(h) (1998).

Ms. Magalie Roman Salas, Esq. March 4, 1999 Page 2 international telecommunications services." Therefore, MFNS should be classified as a nondominant carrier for the provision of the services for which authority is requested. MFNS submits that the public interest would be served by a grant of this request pending Commission action on its Section 214 application. Grant of MFNS' request for facilities-based and resale authority to provide international services as requested in the attached application will directly further the Commission's policies of bringing increased competition to the U.S. international telecommunications services market and is therefore in the public interest. Grant of this STA will allow MFNS to begin competing immediately, pending grant of the attached 214 application. Accordingly, MFNS respectfully requests expeditious grant of a STA. MFNS acknowledges that grant of this request will not prejudice action by the Commission on its Section 214 application and that any authority granted pursuant to this request is subject to cancellation or modification upon notice, but without a hearing. As required by the Commissions rules, a filing fee in the amount of $780.00 is included. Please direct any inquiries regarding this matter to the undersigned. Respectfully submitted, By: Adam L. Kupetsky L4 Kevin D. Minsky SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 424-7500 (Tel) (202) 424-7645 (Fax) Counsel for Metromedia Fiber Network Services, Inc. Enclosures Rules and Policies of Foreign Market Participation in the U.S. Telecommunications Market, lB Docket 97-142, Report and Order on Reconsideration, 12 FCC Rcd 23891 (1997)(Foreign Market Participation Order); see also, Market Entry and Regulation of Foreign- Affiliated Entities, Report & Order, 11 FCC Rcd 3875 (1995)(Market Entry Order).

CERTIFICATION OF APPLICANT On behalf of Metromedia Fiber Network Services, Inc. ("MFNS"), and in accordance with Section 1.2001-1.2003 ofthe Commission's Rules, 47 C.F.R. § 1.2001-1.2003,1 hereby certify that no party to this application is 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. § 853a. I also hereby certify that the statements in the foregoing application for Special Temporary Authority are true, complete, and correct to the best of my knowledge and are made in good faith. MFNS has not agreed to accept any concessions, as defined by the Commission's Rules, directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flow between the United States and various international points under the authority-granted under Section 214 of the Communications Act of 1934, as amended, and the Commission's Rules, and has not agreed to enter into such agreements in the future. METROMEDIA FIBER NETWORK SERVICES, INC. By: (/_- - Name: dIj,tJ Title: Vice_1?2esid Date: 271290.1

FILE STAMP AND RETURN SWIDLER BERUN SHEREFF FRIEDMAN, LLP WASHINGTON OFFICE NEW Yox OmcE 3000 K STREEE N SurrE 300 WASHINGTON, DC 20007.5116 FEB 18 19 919 THIRD AvENUE NEW YORK, NY 10022.9998 1aEPHONE (202) 424.7500 FELEPHONE (212) 758.9500 FACEIMII.E (202) 424.7647 February 18, 1999 FAcSIMILE (212) 758.9526 VIA COURIER Magalie Roman Salas, Secretary Federal Communications Commission International Bureau - Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5115 Attention: Diane Corel!, Division Chief Re: Application of Metromedia Fiber Network Services, Inc. for Section 214 International Global Facilities-Based Authority and Global Resale Authority Dear Ms. Salas: Enclosed for filing with the Federal Communications Commission ("Commission") are an original and six (6) copies of the application of Metromedia Fiber Network Services, Inc. pursuant to Section 214 of the Communications Act. Also, as required by the Commission's Rules, enclosed is a check in the amount of $780.00, payable to the Commission. Please date-stamp the extra copy of this application and return it in the enclosed self- addressed, stamped envelope. If you have any questions concerning this application, please do not hesitate to contact Kevin Minsky at (202) 945-6920. Respectfully submitted, Adam L. Kupetsky Kevin D. Minsky Counsel for Metromedia Fiber Network Services, Inc. Enclosures cc: Troy Tanner (FCC) Dennis Codlin 270763.1

AD INSTRUCTONS CAREFULLY APPROVED BY 3MB 3060-058) BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION _______________________________ REMITTANCE ADVICE 1 1 FCCUSEOFLr 3 58115 - PAGE O )1)LOCKBOX# SECTION A PAYER INFORMATION 2) PAYER AMEIA p.yg y c,. s.4. ..., nPs .aCtiy a app.an .. cP8) TOTAl. AMOUNT PMO 114MP P Swidler Berlin Shereff Friedman, LLP (Kevin D. Minskvls 780.00 4) STREET AODRESS LWE NO. I 3000 K Street, N.W., Suite 300 1) STREET AOOAESS UNE NO. 2 4) CITY (7) STATE (I) - COOS Washington, D.C. 20007 ) DAYTIME TEUP$40P45 NUMEER (NChm I.SS CSSS) II) COUNTRY 0001(4 N N U.S.A.) (202) 945-6920 IF PAYER NAME AND THE APPUCANT NAME ARE DIFFERENT, COMPLETE SECTION B IF MORE THAN ONE APPUCANT, U SE CONTINUATION SHEETS (FORM 159-C) SECTION B . A PPLICANT INFORMATiON APPUCAI*T NAMLIA p.y Pp c'sdP SM. i U 1AC4V S SSIP SS FSMF said) Metromedia Fiber Network Services, Inc. 12) STREET AOOAEU LI NO. I 1 North Lexington Avenue 13) STRUT ADORISS LIlt NO.2 14)CITY (I1)$TATS (IS)cOO1 White Plains NY 10601 IT) DAYTaiE TELEPI4ONE NUMSIR (INNS.- paIN) II) COUNTRY COCA flail N U.S.A.) (914) 421-6700 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE..NEEDED, USE CONTINUATION SHEETS (FORM 159-C) SECTiON C - PAYMEN INFORMATiON ISA) FCC CAI.L. IlON)OThEA (0 (2@A) PAYMENT TYPE COOS (FTC) )21A) 22 41 l Il u.oc As CC uss OILY 3M) FCC COOS I IC lul TI I1 ]s780.00 SEA) .C COOL S I PS) FCC CAU. SIOPSOThAR (0 SIN) PAYMENT TYPE COCA (FTC) (215) OUAN1WV 2) PU OUt FOR (FY01 N UE.OCX tIM OILY 231) FCC COOS ¶ 1 1 1 1 1 _____________ 245) CC COOS S 140) FCC CAl.). 3(O$JOThAR C )20C) PAYMENT TYPE COCA (FTC) (SIC) OIUNTIrY l2C) PU Out FOR (FTC) II U).OCA SIC FCC USLOILY 23C) FCC COOL I I I I 240) rCC CCCI 2 I. ¶PO) FCC CA).). 31W4)OT)415 (0 PAYMENT TYPE COCA (FtC) (210) (Z) PU DUE FOR (FTC) N 54.00* NC FCC USA Clt.Y I I (200) 230) FCC COOS I I I I 240) 00012 SECTION D - TAXPAYER INFORMATION (REQUIRED) 21) 24(COMP)ITST)SS U).0Cl(O 4.Y1A1$UCANI NAME 54 I-si It 0EFIERE)(T FROM FAYZR NAME 54 AG) PAYER TIN 0i 3 2 6 7 9 6 L1 61 S C ON . [APPLICANT TIN CERTiFICATION I 01 11 I I 81 218 I 6 21) CERT1FICAT1ON STATENENT I, Kevin D. Minsky Certify under penalty of perjury that the foregoing and supporting information are true and correct to the best of my knowledge, infomation and belief. SIGNATURE _ .iti(/ SECTION F . CREDIT CARD PAYMENT INFORMATION 25) MASIERCARD(V!SA WiT NU.Ut: EAPNATENI DAIL ME3TSR0HHHHHHHH _ HIH MONTh ua 1 AUTP$ORSD SIGNATURE OATS NNINp .pus IN FCC Ia cIlaips ..y A .i MASTSRCARO SEE PUBLIC BURDEN ESTIMATE ON REVERSE FCC FORM 159 JULY 1997 (REVISED)

.-1LE STAMP AND RETURN Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) ) METROMEDIA FIBER NETWORK SERVICES, ) INC. ) ) Application for Global Authority Pursuant to ) File No. ITC-99-________ Section 214 of the Communications Act ) of 1934, as amended, to Operate as an ) International Facilities-Based and Resale Carrier ) Between the United States and Various ) International Points ) APPLICATION Metromedia Fiber Network Services, Inc. ("MFNS" or "Applicant"), by its undersigned counsel, hereby requests "global" authority, under 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 (1997), to provide international telecommunications services between the United States and international points. I. Summary MFNS is a Delaware corporation planning to provide competitive international services as a nondominant, unaffihiated U.S. carrier. MFNS herein requests four types of authority, all of which are eligible for streamlined processing under Section 63.12 of the Commission's Rules, 47 C.F.R. § 63.12 (1997). MFNS respectfully requests: (1) global facilities-based authority, (2) global authority to resell international switched services of all U.S.-authorized carriers, (3) global authority to resell international private lines to provide international noninterconnected private line services,

-2- and (4) authority to resell international private lines interconnected to the public switched network at one or both ends to provide international switched services on all international routes on which the Commission permits such services to be provided now and in the future. MFNS believes that the added competition that its entry will bring to the market will benefit the consumers of U.S.-overseas services by, among other things, encouraging competitive pricing and creating more service options. Therefore, grant of this application serves the public interest. II. Information Required under Section 63.18 As required by Section 63.18 of the Commission's Rules, MFNS submits the following information: (a) Name, address and telephone number of Applicant: - Metromedia Fiber Network Services, Inc. 1 North Lexington Avenue White Plains, NY 10601 (914) 421-6700 (Tel.) (914) 421-6777 (Fax) (b) Applicant is incorporated under the laws of the State of Delaware. (c) Correspondence concerning this application should be sent to: Adam L. Kupetsky Kevin D. Minsky SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, D.C. 20007 (202) 424-7500 (Tel.) (202) 424-7645 (Fax)

-3- with a copy to: Dennis E. Codlin Metromedia Fiber Network Services, Inc. 1 North Lexington Avenue White Plains, NY 10601 (914) 421-6700 (Tel.) (914) 421-6777 (Fax) (d) Upon grant of this Application, MFNS will become an authorized non-dominant facilities-based carrier and reseller with global authority, subject to Section 214 of the Communications Act of 1934, as amended, and the Commission's Rules. MFNS lacks the market power that would allow it to control prices to the detriment of market competition. (e) MFNS requests Section 214 authority to operate as a facilities-based carrier pursuant to the terms and conditions of Section 63.1 8(e)( 1) and to operate as a resale carrier pursuant to the terms and conditions of Section 63.18(e)(2). Specifically, MFNS requests: (1) global facilities-based authority pursuant to Section 63.1 8(e)( 1) of the FCC's Rules, 47 C.F.R. § 63.18(e)(1), to acquire interests in U.S.-authorized facilities as well as necessary connecting facilities to provide international telecommunications services between the United States and all international points except those countries excluded by the Exclusion List;!' (2) global authority pursuant to Section 63.18(e)(2) of the FCC's Rules, 47 C.F.R. § 63.18(e)(2), to resell the international switched services of all U.S.-authorized carriers to provide international switched services between the United States and all international points served by those carriers; (3) global authority pursuant to Section 63.1 8(e)(2) of the FCC's rules, 47 C.F.R. §63.18(e)(2), to resell international private lines to provide international non-interconnected private line services between the United States and all authorized international points; and (4) authority pursuant Section 63.18(e)(2) of the FCC's Rules, 47 C.F.R. § 63.1 8(e)(2), to resell international private lines interconnected to the public switched network ("PSN") at one or both ends to provide international switched services on all international routes on which the Commission permits such services to be provided now and in the future. (f) MFNS seeks the authority to provide only the services referenced under paragraph (e) of Section 63.18 of the Commission's Rules. (g) The authority requested in this Application is categorically excluded from environmental processing as defined by Section 1.1306 of the Commission's Rules, MFNS only seeks authority to own circuits on facilities not excluded by the Exclusion List.

-4- 47 C.F.R. § 1.1306. As such, an environmental assessment is not required for purposes of this Application and is therefore not attached. (h) (I) MFNS is not "affiliated," either directly or indirectly, with any foreign carrier as that term is defined in the Commission's Rules. MFNS may resell the facilities- based services of its affiliate, International Optical Network, LLC. Information regarding MFNS' immediate ownership is as follows: Name/Address % of Stock Owned Citizenship Principal Business Metromedia Fiber 100% U.s. Telecommunications Network, Inc. do MFNS 1 North Lexington Avenue White Plains, NY 10601 Complete information concerning MFNS' ten percent or greater direct and indirect equity holders is provided in Attachment A. Information regarding MFNS' interlocking officers and directors is provided in Attachment B. (i) As required by Section 63.18 (i) of the Commission's Rules, 47 C.F.R. § 63.18(i), MFNS certifies that it has not agreed to accept nor shall it accept in the future any special concessions, as defined by the Commission's Rules, directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows on any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market (j) MFNS is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. MIFNS' certification pursuant to Section 1.2002 of the Commission's Rules (implementing the Anti-Drug Abuse Act of 1988,21 U.S.C. § 3301) is attached hereto. (k) MFNS is not affiliated with a foreign carrier. Accordingly, MFNS requests expedited, streamlined treatment of this application in accordance with 47 C.F.R. § 63.12. 47 C.F.R. §63.18(h) (1998).

-5- CONCLUSION For the reasons stated above, Metromedia Fiber Network Services, Inc. respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, By: Adam L. Kuptesky Kevin D. Minsky SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 424-7500 (Tel.) (202) 424-7645 (Fax) Counsel for Metromedia Fiber Network Services, Inc. Dated: February 18, 1999

ATTACHMENTS Attachment A Ten Percent or Greater Direct and Indirect Equity Holders of Metromedia Fiber Network Services, Inc. Attachment B Interlocking Directorates Certification

ATTACHMENT A: Ten Percent or Greater Direct and Indirect Equity Holders of Metromedia Fiber Network Services, Inc. The following entities hold, or will hold at the time authority requested herein may be granted, ten percent (10%) or greater, direct or indirect, ownership interest in Metromedia Fiber Network, Inc.: Name: Stephen A. Garofalo Address: 1 North Lexington Avenue White Plains, NY 10601 Telephone: (914) 421-6700 Facsimile: (914) 421-6777 Citizenship: U.S. Principle Business: Telecommunications Percent Ownership: 25.7% Name: Metromedia Company Address: One Meadowlands Plaza East Rutherford, NJ 07073 Telephone: (201) 531-8021 Facsimile: (201) 531-2803 Citizenship: U.S. Principle Business: Investments Percent Ownership: 16.7% Name: Putnam Investments, Inc. Address: One Post Office Square Boston, MA 02109 Telephone: (617) 292-1000 Citizenship: U.S. Principle Business: Investments Percent Ownership: 12.8%

The following entities hold, or will hold at the time authority requested herein may be granted, ten percent (10%) or greater, direct or indirect, ownership interest in Metromedia Company: Name: John W. Kiuge (Trustee U/A Trust dated as of May 30, 1984 as amended and restated) Address: 215 East 67th Street New York, NY 10021 Telephone: (212) 606-4400 Facsimile: (212) 535-3541 Citizenship: U.S. Principal Business: Investments Percent Ownership: 95%

ATTACHMENT B: Interlocking Directorates The following officers and directors of Metromedia Fiber Network Services, Inc. hold interlocking officer or directorate positions with other entities subject to the Communications Act of 1934, as amended. Name MFNS Position Other Position Stephen A. ChairmanlCEO ChairmanlCEO - Garofalo Metromedia Fiber Network, Inc. Member of Board of Managers - International Optical Network, LLC - Howard M. President/COO President/COO/Director Finkelstein Metromedia Fiber Network, Inc. Member of Board of Managers - International Optical Network, LLC Vincent A. Senior Vice President Senior Vice President/Director Gallucio Metromedia Fiber Network, Inc. Member of Board of Managers - International Optical Network, LLC Dennis E. Vice President Vice President Codlin Metromedia Fiber Network, Inc. Secretary International Optical Network, LLC

CERTIFICATION OF APPLICANT On behalf of Metromedia Fiber Network Services, Inc., and in accordance with Section 1.2001-1.2003 of the Commission's Rules, 47 C.F.R. § 1.2001-1.2003,1 hereby certif' that no party to this application is 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. § 853a. I also hereby certif,' that the statements in the foregoing application for Section 214 authorization are true, complete, and correct to the best of my knowledge and are made in good faith. Metromedia Fiber Network Services, Inc. has not agreed to accept nor shall it accept in the future any special concessions, as defined by the Commission's Rules, directly or indirectly from any foreign carrier or administration with respect to traffic or revenue flows on any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. mjet MET By: Name: Dennis E. Codlin Title: Vice President Date: 270371. I


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