Attachment 20170202135638-460.p

20170202135638-460.p

SUPPLEMENT

Supplement

1999-03-08

This document pretains to ITC-TAO-19990308-00121 for Temporary Authority on a International Telecommunications filing.

IBFS_ITCTAO1999030800121_1413178

SWIDLER BERLIN SHEREFF FRIEDMAN, ur 3000 K STREET, NW, SUrTE 300 WASHINGTON, DC 20007—5116 TELEPHONE (202)424—7500 FACsIMILE (202) 424—7645 CATHERINE WANG DIRECT DIAL (202) 424—7837 171C ~TAQ—54(6205 — com3‘3“”%&‘;‘?5&%2 Promasmmmmeninneepoundntmmdemdtercino flmr- CWANG@sWIDLAW.COM M ch 8, 1999 mm&s ivigion date: MAR _1 8 1999 ifi BY COURIER authorizedMyERNATIONAL SUREAL EP 4li4)qq Ms. Magalie Roman S is, Esq. Ll %;’Wm_ Secretary Federal Communicati( ; Commission ‘lriglmturocmerfis Pouey _"”/chxc/mg rafer,. International Bureau P.O. Box 358115 Pittsburgh, PA 15251 115 Attention: Troy T: rer, Chief, Policy ; l Facilities Branch, International Bureau Re: Reques fFar Bast Gatewa Dear Secretary Salas: + Far East Gatev r, Inc. ("‘Far East C eway"), by its undersigned —counsel, and pursuant to : Section 214 of the ( mmunications ‘Ac £ 1934,;; asamended, and Section 63.04. of the Commission‘s Rules, C.F.R. § 63.04 ( 98), hereby requests expedited Special Temporary Authority to provide i1 mational message ecommunications service between the United States and international poir for the urgent re: ns set forth herein. Far—East Gateway seeks such authority at the earlies :asible date in ord:« o satisfy custorner contracts to provide international telecommunications s ices pending grar f Far East Gateway‘s Section 214 application for regular authority. By way of basc round, Far East C eway is a corporation organized under the laws of Delaware. Far East G:; way is not affiliate as that term is defined by the Commission‘s Part 63 Rules, with any U.S. f; lities—based carrier ‘hose service it will resell or with any foreign carrier. In addition, Far East G:.._way currently does uut have any foreign affiliates. This request for Special Temporary Authority incorporates by reference the information contained in its pending Section 214 application, a copy of which is enclosed. Far East Gateway submits that the public interest would be served by a grant of this request pending Commission action on its Section 214 application. Far East Gateway believes that the added competition its entry will bring to the market will benefit the consumers of United States—

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K STREET, NW, SUrTE 300 WaAsHNGTON, DC 20007—5116 TELEPHONE (202)424—7500 FACSIMILE (202) 424—7645 CATHERINE WANG NEW YORK OFFICE: DIRECT DIAL (202) 424—78 919 THIRD AVENUE CWANG@sWIDLAW.COM NEW YORK, NY 10022 March 8, 1999 BYCOURIER Ms. Magalie Rom Salas, Esq. Secretary Federal Communi ons Commission International Bure P.0O. Box 358115 Pittsburgh, PA 1« 1—5115 Attention: Trc Tanner, Chief, Policy and Facilities Branch, International Bureau Re: Re »stof Far East Gateway,Inc.forSpecial Temporary Authority Dear Secretary Sa Far East C ‘way, Inc. ("Far East Gateway"), by its undersigned counsel, and pursuant to Section 214 of 1 Communications Act of 1934, as amended, and Section 63.04 of the Commission‘s Ru , 47 C.F.R. § 63.04 (1998), hereby requests expedited Special Temporary Authority to provi international message telecommunications service between the United States and international ints for the urgent reasons set forth herein. Far East Gateway seeks such authority at the ea »:st feasible datein order to satisfy customer contracts to provide international telecommunicatio services pending grant of Far East Gateway‘s Section 214 application for regular authority. By way of background, Far East Gateway is a corporation organized under the laws of Delaware. Far East Gateway is not affiliated, as that term is defined by the Commission‘s Part 63 Rules, with any U.S. facilities—based carriers whose service it will resell or with any foreign carrier. In addition, Far East Gateway currently does not have any foreign affiliates. This request for Special Temporary Authority incorporates by reference the information contained in its pending Section 214 application, a copy of which is enclosed. Far East Gateway submits that the public interest would be served by a grant of this request pending Commission action on its Section 214 application. Far East Gateway believes that the added competition its entry will bring to the market will benefit the consumers of United States—

Ms. Magalie Roman Salas, Esq. March 8, 1999 Page 2 overseas services by providing increased choices and competitive prices. Grant ofthis authority will also permit U.S.—based customers to do business with their preferred carrier. Accordingly, Far East Gateway respectfully requests expeditious grant ofSpecial Temporary Authority. Far East Gateway 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 Commission‘s rules, a filing fee in the amount of $780.00 is included. Please direct any inquiries regarding this matter to the undersigned. Respectfully submitted, im Chimes Aly Catherine Wang J s Maria L. Cattafesta Counsel for Far East Gateway, Inc. Enclosure co: C.C. Lai Andrew D. Lipman 272469.1

CERTIFICATION OF APPLICANT On behalf of Far East Gateway, Inc. and in accordance with Section 1.2001—1.2003 of the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby certify that no party to this request 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. Further, I hereby certify that the statements in the foregoing request for Special Temporary Authority are true, complete, and correct to the best of my knowledge and are made in good faith. To the extent required by the Commission‘s Rules, Far East Gateway, Inc. certifies that it 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 variousinternational points for which Special Temporary Authority is granted, and has not agreed to enter into such agreements in the future. FAR EAST GATEWAY, INC. §§\\\ M; By: Name: Lee Chuen Bit Title: President Date: 5’/5/91

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP WaASHINGTON OFFICE NEW YoRK OFFICE 3000 K STREET, NW, SurrE 300 919 THIRD AvENUE WaASHINGTON, DC 20007—5116 NEW YORK, NY 10022—9998 TELEPHONE (202) 424—7500 TELEPHONE (212) 758—9500 FACSIMILE (202) 424—7647 March 8, 1999 FACSIMILE (212) 758—9526 40— BY COURIER Ms. Magalie Roman Salas, Esq Secretary Federal Communications Commissi( International Bureau Telecommunic; ms Division P.O. Box 358115 Pittsburgh, PA 15251—5115 Attention: Troy Tanner, Chief, . icy and Facilities Branch, International Bureau Re: Application of Far Ec Gateway, Inc., for Global Authority Pursuant to Section 214 of the Commun tions Act of 1934, As Amended, to Operate as an International Facilitic rased Carrier andas an International Resale Carrier Dear Sir or Madam: Enclosed for filing with th ommission are an original and six (6) copies of the application of Far East Gateway, Inc »questing global authority, pursuant to Section 214 of the Communications Act of 1934, as am ded, to operate as an international facilities—based carrier and as an international resale carrier tween the United States and variousinternational points. As required by the Commiss i‘s Rules, a check in the amount of $780.00 is enclosed. Please date—stamp the extra copy of ; applicationand return it in the enclosed self—addressed, stamped envelope. Any questions re rding the enclosedapplication should be addressed to the undersigned. Respectfully submitted, Catherine Wang j/ Maria L. Cattafesta Counsel for Far East Gateway, Inc. Enclosures ce: C.C. Lai Andrew D. Lipman 272919.1

Before the FEDERAL COMMUNICATIO OMMISSION Washington, D.C. 4 In the Matter of FAR EAST GATEWAY, INC. ‘o. ITC—214—1999 Application for Global Authority Pursuant to 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 International Points APPLICATIC Far East Gateway, Inc. ("Far East Gateway" or licant"), by its undersigned counsel, hereby requests "global" authority, pursuant to Section )f the Communications Act of 1934, as amended, 47 U.S.C. § 214 ("Act"), and Section 63. the Commission‘s Rules, 47 C.F.R. § 63.18 (1998), to provide international telecommunic : services between the United States and international points. I. Summary Far East Gateway is a Delaware company planning to provide a variety of competitive international services. Far East Gateway is not affiliated, as that term is defined by Part 63 of the Commission‘s Rules" with any dominant U.S. carriers whose international services Far East Gateway will resell or with any foreign carrier. Therefore, Far East Gateway should be classified V 47 C.F.R. §63.18(h); Market Entry and RegulationofForeign—Affiliated Entities, Report and Order, 11 FCC Red 3875 (1995) (Market Entry Order).

as a nondominant carrier for the provision of the services for which authority is requested in this Application, and Far East Gateway‘s Application is eligible for streamlined processing. Far East Gateway herein requests four types of authority in this Application, all of which _ are eligible for streamlined processing under Section 63. 12 of the Commission‘s Rules, 47 C.F.R. §63.12.%4 Far East Gatewayspecifically requests: (1) global facilities—basedauthority; (2) global authority to resell the international switched services of all U.S.—authorized carriers; (3) global authority to resell international private lines to provide international non—interconnected private line services; and (4) authority to resell international private lines interconnected to the public switched network at one or both ends to provide international switchédr services on all international routes on which the Commission permits such services to be provided now andin the future. Far East Gateway believes that the added competition its entry will bring to t,he market will benefit the consumers of United States—overseas services by, among other things, encouraging competitive pricing and creating more service options. A grant of this Application will therefore further the public interest. II. Information Required Under Section 63.18 As required by Section 63.18 of the Commission‘s Rules, Far East Gateway submits the following information: (a) Name, address and telephone number of Applicant: ¥ Far East Gateway does not seek authority to serve countries or use facilities excluded by the Commission‘s Exclusion List. —2.

USA Office Contact: Far East Gateway, Inc. 1040—155 Grant Road Suite 185 Mountain View, CA 94040 Tel: (510) 623—6948 Fax: (978) 694—2725 Hong Kong Office Contact: (Please designate as the correspondence add: s) Far East Gateway, Inc. Unit B, 16/F, United Centre 95 Queensway Hong Kong Tel: 011 852 9092 7957 Fax: 011 852 2349 5769 (b) Applicant is incorporated under the laws of Delaware. (c) Correspondence concerning this Application should be sent to: Catherine Wang, Esq. Maria L. Cattafesta, Esq. SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, D.C. 20007 Tel: (202) 424—7837 Fax: (202) 424—7645 with a copy to: Mr. C.C. Lai Far East Gateway, Inc. Unit B, 16/F, United Centre 95 Queensway Hong Kong Tel: 011 852 9092 7957 Fax: 011 852 2349 5769

(d) Upon grant of this Application, Far East Gateway will become an authorized non—dominant carrier with global facilities—based and resale authority, subject to Section 214 of the Communications Act of 1934, as amended, and the Commission‘s Rules. Far East Gateway lacks the market power that would allow it to control prices to the detriment of market competition. (e) Far East Gateway specifically requests: (1) global facilities—based authority pursuant to Section 63.18(e)(1) of the Commission‘s Rules, 47 C.F.R. { 63.18(e)(1), to acquire interests in half—circuits in U.S.—authorized facilities as wel: as necessary connecting facilities to provide international telecommunication: services between the United States and all international points, except those countries excluded by the Exclusion List;* (2) global authority pursuant to Sectior 63.18(e)(2) of the Comumission‘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 internationa points served bythose carriers; (3) global authority pursuant to Section 63.18(e)(2) of the Commission‘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 international points; and (4) authority pursuant Sectior 63.18(e)(2) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(2), to resel international private lines interconnected to the public switched network at one o1 both ends to provide international switched services on all international routes or which the Commission permits such services to be provided. 8 Far East Gateway seeks the authority to provide only the services referencedunde: paragraph (e) of Section 63.18 ofthe Commission‘s Rules. (g) The authority requested in this Application is categorically excluded from environmental processing as defined by Section 1.1306 ofthe Commission‘s Rules, 47 C.F.R. § 1.1306. As such, an environmental assessment is not required for purposes of this Application. (h)(1) Far East Gateway is not "affiliated" with any international foreign carriers as tha term is defined by the Commission‘s Rules. 3/ Far East Gateway only seeks authority to own circuits on facilities and serve countries not excluded by the Exclusion List. —4—

(h)(2) Information regarding Far East Gateway‘s 10% or greater direct or indirect shareholders is as follows: Name: Far East Gateway (B.V .I.) Limited Address: Unit B, 16/F, United Centre 95 Queensway Hong Kong Percentage Held: 90% Citizenship: British Virgin Islands Principal Business: International business Name: Gold Factor Corporation Address: Unit B, 16/F, United Centre 95 Queensway Hong Kong Percentage Held: 10% Citizenship: British Virgin Islands Principal Business: International business Information regarding Far East Gateway (B.V.I.) Limited‘s 10% or greater direct or indirect shareholders is as follows: Name: Lit Cheong Communications Investment Limited Address: Unit B, 16/F, United Centre 95 Queensway ' Hong Kong Percentage Held: 100% Citizenship: British Virgin Islands Principal Business: International business Information regarding Gold Factor Corporation‘s 10% or greater direct or indirect shareholders is as follows: Name: Ms. Shang Ling Address: 47A Priestley Drive Bucklands Beach Auckland New Zealand Percentage Held: 100% Citizenship: New Zealand Principal Business: Investment Far East Gateway has no interlocking directorates to report.

(h)(3) Applicant certifies that it is not affiliated with any U.S. international carrier whose facilities—based services Far East Gateway seeks to resell (either directly or indirectly through the resale of another reseller‘s service). Therefore, Far East Gateway‘s application is subject to streamlined processing, pursuant to Section 63.12 of the Commission‘s Rules, 47 C.F.R. § 63.12. i) Far East Gateway certifies that it has not agreed to accept nor shall it acceptin 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 between the U.S. and any foreign country for which Far East Gateway may be authorized to serve. ) Far East Gateway is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. Far East Gateway‘s 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.

CONCLUSION For the reasons stated above, Far East Gateway, Inc. respectfully submits that the public interest, convenience, and necessity would be furthered by a grant of this Section 214 Application. Respectfully submitted, By: CQA@W A) [ss Catherine Wang, Esq. Maria L. Cattafesta, Esq. SWIDLER BERLIN SHEREFF.FRIEDMAN, LLP 3000 K Street, N.W., Suite 300 Washington, DC 20007 (202) 424—7837 (tel) (202) 424—7645 (fax) Counsel for Far East Gateway, Inc. Dated: March 8, 1999 272103.1

CERTIFICATION OF APPLICANT On behalf of Far East Gateway, Inc. and in accordance with Sec ion 1 )1—1.200.} o‘ the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby cer:ify that paty to thi; Application is subject to a denial of Federal benefits that includes FCC b:ne pirsuant to Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853a. also herebs‘ certify that the statements in the foregoing Application for Section 2:4 ut ity are tue, complete, and correct to the best of my knowledge and are made in good fai h. To the extent required by the Commission‘s Rules, Far East C ate wa Inc. has no: agreed to accept any special concessions directly or indirectly from any fo n c:arrtiel 0| administration with respect to traffic or revenue flow between the Unit:d St: ard variou:s international points under the authority granted under Section 214 of the C o mt ations Act 0 1934, as amended, and the Commission‘s Rules, and has not agreel :o ‘r into sucl. agreements in the future. FAR EAST GATEWAY, DC. By: se __‘/ oz zZ2 Name: Mr. —Lee Chuen Bi Title: President Date: 3 /5 |q9


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