Attachment 20170207134938-740.p

20170207134938-740.p

SUPPLEMENT

Supplement

1999-04-02

This document pretains to ITC-TAO-19990402-00212 for Temporary Authority on a International Telecommunications filing.

IBFS_ITCTAO1999040200212_1415858

                    Categories of                             L cations
                            (Streamline/Non—str



                  ASSIGNMENT OF LICE
o o‘ a) & =) 5)




                  GLOBAL FACILITIES—BASED SERV:
                  CLOBAL FACILITIES—BASED/GLOBA
                  GLOBAL RESALE sni
                  INDIVIDUAL FACILITIES—BASED S
                  INTERCONNECTED PRIVATE LINE RF
                  LIMITED GLOBAL FACILITIES—BAS
                   GLOBAL RESALE SERVICE /
   O              LIMITED CLOBAL FACILITIES—BASI
   O              LIMITED GLOBAL RESALE SE
   @              INMARSAT AND M@BILE'S&fiELL
   O              SWITCHED RESALE SERVICER ._ _
   C              TRANSFER OF GQNTnéfif*
   m              SUBMARINE.CABLE LANDING LICENSE        (—
                  INTERNATIONAL SPECIAL PROJECT     |~
                         # 0.
                         t




   Description of Application:


[READ INSTRUCTIONS
              C    CAREFULLY                                                     "                                                                                                                     APPROVED
                                                                                                                                                                                                             & BY OMB 3060—058$9
        BEFCRE PROCEEDING                                                                     FEDERAL COMMUNICATIONS COMMISSION

                                                                                               REMITTANCE ADVICE                                                                          smesy 46
                                                                                                                           4    1
                                                                                                                  rageno, —__or.Z__                            ‘                               : ONLY
                                                                                                                                                                                          FCC USE
(1)Locksox» 358115                                                                                        m gin            Ag   P                                   camAf



                                                                                 I                       SECTION A PAYER INFORMATION                                         ]
  (2) PAYER NAME (if paying by credit card, enter name exactly as it appears on your card)                                                                                       (3) TOTAL AMOUNT PAID (dollars and cents)
 Wiley,             Rein & Fielding                                                                               v                                                              s m m pomuey, zy 780 .00
  (4) STREET ADDRESS LINE NO. 1                                                                                                                                                      /          ’{ £   ‘\-,;‘»t        {»_)) \V
     1776 K Street, N.W.                                                                                                                                                            [—.         o          Tss                       /
 (5) STREET ADDRESS LINE NO. 2                                                                                                                                                     z.                             L.i                U


 (6) City                                                                                                                            (7) STATE                                   (8) ZIP CODE
 Washington                                                                                                                          PC                                           20006
 (9) DAYTIME TELEPHONE NUMBER (Include area code}                                                                                   (10) COUNTRYCODE(if not in U.S.A.)
     (202)       719—7000
                                    IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B
                                        IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C)
                                                                                 |              SECTION B — APPLICANT INFORMATION                                            |
(11) APPLICANT NAME (if paying by credit card, enter name exactly as it appears on your card)
 VitelCellular
(12) STREET ADDRESS LINE NO. 1
 No.         2 Beltjen Place
(13) STREET ADDRESS LINE NO. 2


(14) Cmy                                                                                                                            (15) STATE                                   (16) Zip cope
  St. Thomas                                                                                                                         U—S.V .L.                                    00802
(17) DAYTIME TELEPHONE NUMBER (Include area code)                                                                                   (18) GOUNTRY CODE(if not in U.S.A)
   8340) 771—S§61
        COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE C.ONTINUATION SHEETS (FORM 159—C)
                                                                                                    SECTION C — PAYMENT INFORMATION                                          I
(19A) FCC CALL SIGN/OTHER ID                     (20A) PAYMENT TYPE CODE (PTC)                                             (21A) QUANTITY         (224) FEE DUE FOR (PTC) IN BLOCK 20A FCC USE ONLY
                                                 £.           T¥                          2         ~7                                       1 !g                            780 .00
(23A) FCC CODE 1                                                                                                                          (24A) FCC CODE 2


(19B) FCC CALL SIGN/OTHER ID                     (20B) PAYMENT TYPE CODE (PTC)                                             (21B) QUANTITY         (22B) FEE DUE FOR (PTC) IN BLOCK 208 FCC USE ONLY
                                                              |                      I              |                                             s
(23B) FCC CODE1                                                                                                                           (248B) FCC CODE 2


(19C) FCC CALL SIGN/OTHER ID                     (20C) PAYMENT TYPE CODE (PTC)                                             (21C)QUANTITY          (220) FEE DUE FOR (PTC) IN BLOCK 20C FCC USE ONLY
                                                              |                      |              |                                             s
(23C) FCC CODE 1                                                                                                                          (24C) FCC CODE 2


(19D) FCC CALL SIGN/OTHER ID                     (20D) PAYMENT TYPE CODE (PTC)                                             (21D)QUANTITY          (22D) FEE DUE FOR (PTC) IN BLOCK 20D FCC USE ONLY
                                                              |                      |              l                                             s
(23D) FCC CODE 1                                                                                                                          (24D) FCC CODE 2


                                                       SECTION D — TAXPAYER INFORMATION (REQUIRED)
(25)                                                                                                                                      (26) COMPLETE THIS BLOCK ONLY IF APPLICANT NAME IN B—11 IS DIFFERENT FROM PAYER NAME IN A—2)

PAYER TIN                                0 512                    1         2|            8    L9        L9           18   Is             APPLICANT TIN                                   |0|6         6          lo       |4   |4       9   13   |9   |4
                                                                                                              SECTION E — CERTIFICATION                                      |
(27)_   CERTIEIC TION STATE ENT
I,      S¥                         2LP                                                              , Certify under penalty of perjury that the Zoizgnd Ezorfing information
                                  (PRINT NAME)
are true and correct to the best of my knowledge, infomation and belief.                                                                                 _SIGNATUR                                         s
                                                                                         SECTION F — CREDIT CARD PAYMENT INFORMATION                                                       _|                          2
(28)                             MASTERCARDISA ACCOUNT NUMBER:                                                                                                                             EXPIRATION DATE:

          MASTERCARD

                                                                                                                                                                                            MONTH          YEAR

          viga      I hereby authorize the FCC to charge my VISA or MASTERCARD                                    AUTHORIZED SIHGNATURE                                                         DATE
                    for the service(s)/authorization(s) herein described.                                >

                                                                      SEE PUBLIC BURDEN ESTIMATE ON REVERSE                                                                        FCC FORM 159                            JULY 1997 (REVISED)


                               Wiley,Rein &Telding
                                         1776 K    eet, NW.
                                       Washingt     D.C. 20006
                                            (202   19—7000
                                         Fax: 2     719—7049
                                            ww     Ttf.com

                                          Marc     :9, 1999


Magalie Roman Salas
Federal Communications Commission
The Portals
445 Twwelfth Street, S.W.
12 Street Lobby, TW—A325
Washington, D.C. 20554

                  Re:   Request for Temporary      :ction 214 Authority to Provide International
                        Services Under Sectiotr    .04 of the Commission‘s Rules, 47 C.F.R. § 63.04

Dear Ms. Salas:

        VitelCellular herebyrespectfully requ      ; temporary authority to provide international
switched services as a resale carrier between t    United States and all international points,
pursuant to Section 63.04 of the Federal Com       nications Commission ("FCC" or
"Commission") Rules, 47 C.F.R. § 63.04. Su         authority would allow VitelCellular to continue
to serve the public pending FCC action on Vi       ellular‘s 214 application, filed concurrently
with this request. A copy of that application i    ttached for the staff‘s convenience.

        VitelCellular primarily provides dome      ; local and longdistance commercial mobile
radio service ("CMRS") on a resale basis in t1     J.S. Virgin Islands. VitelCellular also provides
some international service (less than 1.3 % of      annual minutes), mostly to neighboring islands
and without the need to dial the 011 internatic    l prefix.

        VitelCellular has consistently taken st    to comply with Commuission requirements.
Until now, VitelCellular was unaware of the need to apply for and receive Section 214 authority
before permitting its CMRS customers to make international calls. VitelCellular‘s primary
business, the provision of CMRS, including domestic long distance services, is subject to
relatively few FCC regulations, and thus, VitelCellular was not cognizant of the unique federal
requirements applicable to international resale service.

        VitelCellular became aware of its error only after its parent, Emerging Communications,
Corp., consulted with its counsel regarding entering the international service business.
Specifically, to better serve customers, Emerging Communications, Corp., sought advice
regarding the creation of an affiliate with primary responsibility for international services. In
light of its discovery, VitelCellular is requesting temporary international switched resale
authority so that it may continue to provide international service to its CMRS customers while
the FCC considers its Section 214 application. VitelCellular‘s newly established affiliate
corporation, ICUSC, Inc., also submitted an application for Section 214 authority.


 Magalie Roman Salas
 March 29, 1999
 Page 2


        VitelCellular believes that the grant of temporary authority will be in the public interest,
convenience and necessity. Temporary authority would be an initial step in ensuring complete
compliance with the Commission‘s Rules and would permit VitelCellular to avoid disruption of
service to the public.

        As detailed in its Section 214 application, VitelCellular is not itself, and does not have an
affiliation with, a foreign carrier. VitelCellular therefore qualifies for non—dominant treatment
under Section 63.10(a)(1) of the Commission‘s Rules, 47 C.F.R. § 63.10(a)(1), and its Section
214 application is eligible for streamlined processing under Section 63.12 of the Cormmission‘s
Rules, 47 C.F.R. § 63.12.‘ VitelCellular certifies, pursuant to Sections 1.2001 through 1.2003 of
the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, that it is not subject to a denial of Federal
benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 862.

       For the foregoing reasons, VitelCellular respectfully requests that the FCC grant it
termporary authority to continue to provide international switched services as a resale carrier,
while the Commission considers VitelCellular‘s Section 214 application.

        Thank you for your assistance in this matter. If you have any questions or need further
information, please contact me at (340) 771—8861 or VitelCellular‘s FCC counsel, Greg Vogt and
Jennifer Wheatley of Wiley, Rein & Fielding at (202) 719—7000.



                                               Sincerely,


                                                    se
                                            ,,4//
                                              David L. Sharp
                                              VitelCellular
                                              No. 2 Beltjen Place
                                              St. Thomas, U.S. Virgin Islands 00802




‘ VitelCellular‘s Section 214 application also qualifies for 14 day streamlined processing under
the Commission‘s new rules, which are not yet in effect. See 1998 Biennial Regulatory Review
of International Common Carrier Regulations, IB Docket No. 98—118 (Mar. 23, 1998) (Report
and Order).



Document Created: 2019-04-17 09:00:21
Document Modified: 2019-04-17 09:00:21

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