Attachment 20161227132830-550.p

20161227132830-550.p

SUPPLEMENT

Supplement

1999-12-06

This document pretains to ITC-TAO-19991206-00753 for Temporary Authority on a International Telecommunications filing.

IBFS_ITCTAO1999120600753_1387256

ITC-TAO-1 9991206-00753 I PICKNET, INC. Categories of Services for 214 Applications (Streamline/Non- streamline) D LIMITED/GLOBAL RESALE SERVICE LII LIMITED/GLOBAL FACILITIES-BASED SERVICE El LIMITED/GLOBAL FACILITIES-BASED/RESALE SERVICE El INDIVIDUAL FACILITIES-BASED SERVICE El INTERCONNECTED PRIVATE LINE RESALE SERVICE El INRSAT AND MOBILE SATELLITE SERVICE El INTERNATIONAL SPECIAL PROJECT El SWITCHED RESALE SERVICE El TRANSFER OF CONTROL El ASSIGNMENT OF LICENSE El PRO FORMA TRANSFER/ASSIGNMENT El SPECIAL TEMPORARY AUTHORITY El SUBMARINE CABLE LANDING LICENSE

ITC-TAO..1 9991 2O6-OO7 PICKNEr INC. THELEN REID & PRIEST LLP ATTORNEYS AT LAW MARKET SQUARE, SUITE 800 NANcYJ. ESKENAZI 701 PENNSYLVANIA AVENUE, N.W. NEW YORK 202-508-4388 WASHINGTON, D.C. 20004-2608 SAN FRANCISCO neskenazt@thelenteid.com TEL (202) 508-4000 FAX (202) 508-4321 WASHINGTON, D.C. www. thele n reid. corn LOS ANGELES SAN JOSE December 6, 1999 DEC - 1999 Granted liF.L wacncs C0óMO ThE BY HAND DELMRY te: iitt. 1 i l99 Ms. Magalie Roman alas Secretar' Federal Communicat )flS Commission -'cm 445 12th Street, S.W. Washington, D.C. 2i 554 Re: ar-i emporary Authority to Transfer Ownership and to Section Control of PICKNet, Inc. to Lebow Investments Ltd. Pursuant 214 of the Communications Act of 1934, as Amended Dear Ms. Salas: ow"), hereby request PICKNet, Inc. ("PICKNet") and Lebow Investments Ltd. ("Leb control of PICKNet to Lebow Special Temporary Authority ("STA") to transfer ownership and as amended, 47 U.S.C214(a) in accordance with Section 2 14(a) of the Communications Act, 4. The Section 214 application and Section 63.04 of the Commission's Rules, 47 C.F.R. §63.0 was filed with the Commission on for transfer of ownership and control from PICKNet to Lebow December 6, 1999 and is attached hereto. letion of the sale and PICKNet and Lebow request this STA in order to expedite comp st that commencing on the date of transfer of control of PICKNet to Lebow. We fi.jrther reque Section 214 transfer application grant of the STA, such STA be effective until disposition of the continue to hold and operate as a by the Commission. Upon approval of this STA, PICKNet will Lebow will replace Pick global reseller pursuant to its existing Section 214 authorization.' ely held company wholly-owned Communications Corp. as PICKNet's owner. Lebow is a privat under the laws of Kuwait.2 by Gulfsat Communications Company, a corporation organized See, Pro Forma Assignment of 214 Authority for Global Resale Service from Pick Communications Corp. 0320-00157), November 2, 1999. to its Wholly-Owned Subsidiaiy, PICKNet, Inc. (ITC-2l4-l997 ents Ltd., Transferee, for Authonty to 2 See, Application of PICKNet, mc, Transferor and Lebow Investm Communications Act of 1934, as Amended, Transfer Ownership and Control Pursuant to Section 214 of the §63.09, of the Commission's Rules, Gulfsat is a December 6, 1999. As defined under Section 63.09. 47 C.F.R. Kuwait and points outside Kuwait. Gulfsat does not small foreign carrier primarily providing data services between local access markets on the Kuwaiti end of the have a fifly percent market share in the international transport and

THELEN REID & PRIEST LLP December 6, 1999 Page 2 The public interest is served by enabling PICKNet to complete the transaction prior to Commission approval of the Section 214 transfer application because PICKNet will be able to continue operations, remain competitive in the market, and avoid the risk of disruption of service to its customer base. Further, it is critical that this STA be granted to enable expedited completion of the transaction and to avoid inherent risks caused by delays associated with such a transaction. Upon grant of the STA, PICKNet will continue to provide those global resale services that it is presently authorized to provide in accordance with its Section 214 authorization. PICKNet presently serves, and will continue to serve, customers through the resale of the facilities of unaffiliated U.S. carriers' international switched services. For the reasons stated herein, PICKNet and Lebow respectfully request that the Commission grant this request for STA to allow the proposed transfer of ownership and control as soon as possible until final disposition of the Section 214 transfer application by the Commission. Respectfully Submitted, THELEN REID & PRIEST LLP U/JA,\ Nanci4( skenazi Thelen Reid & Priest LLP 701 Pennsylvania Avenue, NW Washington, DC 20004-2608 Tel: (202) 508-4388 Fax: (202) 508-4321 Counsel to Lebow Investments Ltd. Dated: December 6, 1999 Attachment cc: Breck Blalock route, Kuwait is a WTO Member countiy, and PICKNet's customers will be served through the resale of the facilities of unaffiliated U.S. carriers' international switched services.

Ij(.1 (( L.i43 EAD IN$TRUCPON$ CAREFULLY - APPROVED BY 0MB 3080-0589 BEFORE PROCEEDING I FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE PACE MO..._!_ OF 1)LOCKBOX* 358115 p.7Mg OS - OSVY WE Thelen Reid & Priest 4) $TT ACS LP N 1 701 Pennsylvania Avenue, NW siWEE AO$ L8 M 2 Suite 800 I)TY (7) STATE Washington, DC [0O04-2608 4) DAYTWE TI4OSd€ M)W .4. ..S 42d1) 1111 COISITBY COOS 1n. S. (LLk (202) 508-4000 tr g r. :. r n S'rT5.S%..M I EM #V LiIrrr iF PE2 ..iE APPLICANTP USE CONTINUATIC SECTION B - APPLICANT INFORMA I1)AtIC1AJT i8W p.7Mg 8, .M fl. - -' V PICKNet, inc. 2) S1WET A2WS 18W NO.1 Wayne Interchange Plaza 3) STWET A0O* 1845 NO.2 155 Route 46 West, Third Floor 4) ClfV )1S) STATE J(1S)ZP COOS Wayne NJ 07470 7) OAYTWE TELHORE NINSW ,.k.d. .n. (Is) CO4A(TRY COOSØ n.t F U.S.A.) - (973) 812-7425 UATIQN SHEETS 780.00 GA). COOS I FCC COOS 2 .98 FcC CMI SSON7OTI m (205) PAYNT T'(Pf COOS (PVC) OS) PU 018 FOS 7C) .O OS .38) FCC COOS I I C2 SC) FCC CALl. 805IlOfl )2SC) PAYHT TYPE COOS (PYC) ()5 015 P05 TO) SI SI.OCII 21C ,GC) FCC COOS I I I FCC COOS 2 ISO) FCC CALL SONIOT1WE (240) PAY4T 17Ff COOS (PVC) 5TH PU 015 P05 TC7 U U.OOS 240 O) FCC COOS ¶ FCC COOS 2 FORMATION (REQUIREDI PAYER TIN 9 4j[22 9 0 4 APPLICANT TIN SEC11ON E - CERTIFICATION L2 I III 8 I7I1 27) I, L°fl C.rtify und.r p.nalty of p.uiy that th. forsgolng and supporting information (P80(2 NAM5) - ar. tru. and corrseto th. b..t of my knowl.dg., inlomation and b&I.f. SIGNATURE _____ ]ICT)ON F- CREDIT CARD PAYMENT INFORMATION I I III MONTH YEAR DATE 0.. .4.PcC.MS..V 8AN*a14W S.oà..4.t SEE PLBUC &05 ESTWATE ON SEYE FCC P080 159 A.LY 1581 )SEVREC3

THELEN REID & PRIEST LLP THE RIGGS NATIONAL 1563 BANK OF WASHINGTON, DC 701 PENNSYLVANIA AVENUE, N.W., SUITE 800 WASHINGTON, DC 20074-6758 WASHINGTON, DC 20004 15-3/540 1219/1999 PAY TO THE Federal Communications Commission ORDER OF Seven Hundred Eighty and 00/100****I**************************************************************************** DOLLARS Security eatures included Details on back. STA Filing Fee MEMO I1'OO 5 I' ':o [OOOU so': P1 ? D 2"

THELEN REID & PRIEST LLP ATTORNEYS AT LAW MARKET SQUARE, SUITE 800 NEW YORK 701 PENNSYLVANIA AVENUE, N.W. NANCYJ. ESKENAZI SAN FRANCISCO WASHINGTON, D.C. 20004-2608 202-508-4388 WASH!NGTON, D.C. TEL (202) 508-4000 FAX (202) 508-4321 neskenazi@the1enreid.com LOS ANGELES www.thelenreid.com SAN JOSE December 9, 1999 Ms. Magalie Roman Salas Secretary Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5115 Re: Request for Special Temporary Authority to Transfer Ownership and Control of PICKNet. Inc. to Lebow Investments Ltd. Pursuant to Section 214 of the Communications Act of 1934. as Amended Dear Ms. Salas: Enclosed please find an original and six (6) copies of the Request for Special Temporary Authority to transfer ownership and control of PICKNet, Inc. to Lebow Investments Ltd., pursuant to Section 214 of the Communications Act of 1934, as amended. As required by the Commission's Rules, a check in the amount of $780.00 is enclosed. Please date-stamp the extra copy of the application and return it in the enclosed self-addressed, stamped envelope. Any questions regarding the enclosed application may be directed to the undersigned. Sincerely, THELEN REID & PRIEST LLP \ Nancy J. enazi a Counsel for Lebow Investments Ltd. Enclosures

THELEN REID & PRIEST LLP ATTORNEYS AT LAW MARKET SQUARE, SUITE 800 NEW YORK 701 PENNSYLVANIA AVENUE, N.W. NANCYJ. ESKENAZI SAN FRANCISCO WASHINGTON, D.C. 20004-2608 202-508-4388 WASHINGTON, D.C. TEL (202) 508-4000 FAX (202) 508-4321 nesktflaZi@theienrcid.com LOS ANGELES www.thelenreid.com SAN JOSE December 9, 1999 BY HAND DEL WERY Ms. Magalie Roman Salas Secretary Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 1525 1-5115 Re: Request for Special Temporary Authority to Transfer Ownership and Control of PICKNet. Inc. to Lebow Investments Ltd. Pursuant to Section 214 of the Communications Act of 1934. as Amended Dear Ms. Salas: PICKNet, Inc. ("PICKNet") and Lebow Investments Ltd. ("Lebow"), hereby request Special Temporary Authority ("STA") to transfer ownership and control of PICKNet to Lebow in accordance with Section 214(a) of the Communications Act, as amended, 47 U.S.C214(a) and Section 63.04 of the Commission's Rules, 47 C.F.R. §63.04. The Section 214 application for transfer of ownership and control from PICKNet to Lebow was filed with the Commission on December 6, 1999 and is attached hereto. PICKNet and Lebow request this STA in order to expedite completion of the sale and transfer of control of PICKNet to Lebow. We further request that commencing on the date of grant of the STA, such STA be effective until disposition of the Section 214 transfer application by the Commission. Upon approval of this STA, PICKNet will continue to hold and operate as a global reseller pursuant to its existing Section 214 authorization.1 Lebow will replace Pick Communications Corp. as PICKNet's owner. Lebow is a privately held company wholly-owned by Gulfsat Communications Company, a corporation organized under the laws of Kuwait.2 See, Pro Forma Assignment of 214 Authority for Global Resale Service from Pick Communi cations Corp. to its Wholly-Owned Subsidiary, PICKNet, Inc. (1TC-214-19970320-00157), November 2, 1999. 2 See, Application of PICKNet, mc, Transferor and Lebow Investments Ltd., Transferee , for Authority to Transfer Ownership and Control Pursuant to Section 214 of the Communi cations Act of 1934, as Amended , December 6, 1999. As defined under Section 63.09, 47 C.F.R §63.09, of the Commission's Rules, Gulfsat is a

THELEN REID & PRIEST LLP December 9, 1999 Page 2 The public interest is served by enabling PICKNet to complete the transaction prior to Commission approval of the Section 214 transfer application because PICKNet will be able to continue operations, remain competitive in the market, and avoid the risk of disruption of service to its customer base. Further, it is critical that this STA be granted to enable expedited completion of the transaction and to avoid inherent risks caused by delays associated with such a transaction. Upon grant of the STA, PICKNet will continue to provide those global resale services that it is presently authorized to provide in accordance with its Section 214 authorization. PICKNet presently serves, and will continue to serve, customers through the resale of the facilities of unaffiliated U.S. carriers' international switched services. For the reasons stated herein, PICKNet and Lebow respectfully request that the Commission grant this request for STA to allow the proposed transfer of ownership and control as soon as possible until final disposition of the Section 214 transfer application by the Commission. Respectfully Submitted, THELEN REID & PRIEST LLP Nancy J. kenazi Thelen Reic1& Priest LLP 701 Pennsylvania Avenue, NW Washington, DC 20004-2608 Tel: (202) 508-4388 Fax: (202) 508-4321 Counsel to Lebow Investments Ltd. Dated: December 9, 1999 Attachment small foreign carrier primarily providing data services between Kuwait and points outside Kuwait. Guilsat does not have a fifty percent market share in the international transport and local access markets on the Kuwaiti end of the route, Kuwait is a WTO Member countly, and PICKNet's customers will be served through the resale of the facilities of unaffihiated U.S. carriers' international switched services.

FEDERAL COUMUNICATONS COMMISSiOW REMITTANCE ADVICE PAGE 1) LOCKBOX ,358115 r . '1j. _,__.j_j.._j Thelen Reid & Priest LLP I1T LJ NO. I 701 Pennsylvania Avenue, N.W. Suite 800 Washington, D.C. M 01 - OCUI1aY CCCI - U.&A4 (202) 508-4000 -i 4.u:.;:I ._1 u:.q.':ii.:;l 'r_i:.i:t UT wpI PICKNet, Inc. dl NW A$ LI MS. I Wayne Interchange Plaza SI S1T AS LJ NO.2 155 Route 46 West, Third Floor Wayne N.J. Il) YVNO 1ft4OMS SS - - IU IJ(TSY COOS W (973) 812-7425 ____________________ - _ta.i 780.00 JNG pcc CALl. IIGITI PAYMSNT T'PS COON r? U U.OON SECTIt ________ :1ii 2121014101 IAPPLIGANT TIN SECT)ON . CnFIcAT1Of 31413181,71113 bi. and IolTSct to the beat of my know4d, infomaon and bs4sI. $OIIATR![LL \. jtij ik1 II! ON F • CRFD(1 ARD PAVUENT INFO

THELEN REID & PRIEST LLP THE RIGGS NATIONAL 1 52 5 BANK Off WASHINGTON, DC 701 PENNSYLVANIA AVENUE, NW., SUITE 800 WASHINGTON, DC 20074-6758 WASHINGTON, DC 20004 15-3/540 12/1/1999 PAY TO THE Federal Communications Commission ORDER OF Seven Hundred Eighty and 00Il00*********************t**********************************1************************ DOLLAR De - ac FCC Sec. 214 Filing MEMO i'OO 5' ':0 5110000 so': 8 750 u'

THELEN REID & PRIEST LLP ATTORNEYS AT LAW MARKET SQUARE, SUITE 800 NEW YORK 701 PENNSYLVANIA AVENUE, NW. NANCY]. EsKENAZI SAN FRANCISCO WASHINGTON, D.C. 20004-2608 202.508-4388 WASHINGTON, D.C. TEL (202) 508-4000 FAX (202) 508-4321 neskenazt@thelenrejd.com LOS ANGELES www.thclenreid.com SAN JOSE December 3, 1999 Ms. Magalie Roman Salas Secretary Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251-5115 Re: Application of PICKNet.. Inc. and Lebow Investments Ltd. for Authority to Transfer Ownership and Control Pursuant to Section 214 of the Communications Act of 1934. as Amended Dear Ms. Salas: Enclosed please find an original and six (6) copies of the application of PICKNet, Inc. and Lebow Investments Ltd. for authority to transfer ownership and control of PICKNet, Inc. to Lebow Investments Ltd., pursuant to Section 214 of the Communications Act of 1934, as amended. As required by the Commission's Rules, a check in the amount of $780.00 is enclosed. Please date-stamp the extra copy of the application and return it in the enclosed self-addressed, stamped envelope. Any questions regarding the enclosed application may be directed to the undersigned. Sincerely, THELEN REID & PRIEST LLP Nancy J. cenazi iJ Counsel for Lebow Investments Ltd. Enclosures

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of PICKNet, Inc., Transferor, File No. ITC- and Lebow Investments Ltd., Transferee, Application for Authority to Transfer Ownership and Control Pursuant to Section 214 of the Communications Act of 1934, as Amended APPLICATION PICKNet, Inc. ("PICKNet") and Lebow Investments Ltd. ("Lebow") (hereinafter referred to as the "Applicants"), hereby request authority, 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, to transfer ownership and control of PICKNet to Lebow, as described below. PICKNet is a non-dominant carrier holding Commission Section 214 authorization to provide international telecommunications services on a resold basis.' Lebow is a privately held company that is wholly-owned by Gulfsat Communications Company ("Gulfsat"), a corporation organized under the laws of Kuwait. Gulfsat isa backbone provider for internet services in Kuwait, See, Pro Forma Assignment of 214 Authority for Global Resale Service from Pick Communications Corp. to its Wholly-Owned Subsidiary, PICKNCt, Inc. (1TC-214-19970320-00157). November 2, 1999.

provides international data services between Kuwait and points outside Kuwait, and provides private line services outside of Kuwait. Grant of this application for transfer of ownership and control will serve the public interest, convenience and organized under the laws of Kuwait necessity by promoting competition in the international services market. The benefits of competition to U.S. consumers include lower prices, an increased availability of service options, and more efficient use of international facilities. Thus, the grant of this Application will serve the public interest, convenience and necessity. Applicants respectfiully request streamlined processing of this Application in order to enable them to complete the proposed transfer of ownership and control as soon as possible. In firtherance of this application, Applicants respectfully submit the following information: I. Description of the Transaction The transaction for which approval is requested in this Application is will proceed as follows: Pick Communications Corp., a Nevada corporation ("Pick Communications"), will close a Stock Purchase Agreement between itself and Lebow Investments Ltd., a corporation formed under the laws of the British Virgin Islands, for the sale to Lebow of two of Pick Communications's subsidiaries, PICKNet, Inc., a New Jersey corporation, and PICKNet UK plc, a United Kingdom company. Simultaneous to that closing, Gulfsat, a corporation formed under the laws of Kuwait, will purchase one hundred percent of Lebow. 2

Specifically, the transaction will result in a change of ownership and control of PICKNet whereby Gulfsat will wholly-own Lebow, which will, in turn, wholly-own PICKNet and PICKNet UK plc. Upon approval of this Application, PICKNet will continue to hold the Section 214 authorization, but PICKNet will no longer be owned or controlled by Pick Communications. Because PICKNet will continue to provide international telecommunications services on a resold basis and will continue to hold the existing Section 214 authorization, the transaction will not affect any of PICKNet's existing customers. IL Section 63.18 Information (a) Names, addresses and telephone numbers of Applicants: PICKNet, Inc. Wayne Interchange Plaza 155 Route 46 West, Third Floor Wayne, NJ 07470 Tel: (973) 812-7425 Fax: (973)812-4181 Lebow Investments Ltd. Trident Chambers Wickham Cay P.O. Box 146 Roadtown, Tortola British Virgin Islands Tel: (284) 494-2434 Fax: (284)494-3754 (b) PICKNet is incorporated under the laws of the State of New Jersey. Lebow is incorporated under the laws of the British Virgin Islands. 3

(c) Correspondence concerning this Application should be addressed to: Lawrence M. Fuccella, Jr. President PICKNet, Inc. Wayne Interchange Plaza 155 Route 46 West, Third Floor Wayne, NJ 07470 Tel: (973) 812-7425 Fax: (973)812-4181 and Robert Sams Director Lebow Investments Ltd. Perryman's Lane Burwash, East Sussex TN19 7DN United Kingdom Tel: (011) (44) (143) 588-2812 Fax: (Oil) (44) (143) 588-3443 With a copy to: Nancy Eskenazi Thelen Reid & Priest LLP 701 Pennsylvania Avenue, Suite 800 Washington, DC 20004-2608 Fax: (202) 508-4321 (d) Neither Lebow nor Gulfsat have previously received authority under Section 214 of the Communications Act. PICKNet received Section 214 authority to provide global resale service following aproforma assignment of Section 214 authority from Pick Communications Corp. to PICKNet, Inc. on November 2, 1999. See File No. 1TC-214- 19970320-00157. (e)(3) Applicants seek authority to transfer ownership and control of PICKNet's non-dominant Section 214 global resale authorization to Lebow, a corporation which does not currently hold Section 214 authority. (t) At this time,. Lebow does not seek any other authorization under Section 63.18(e). (g) Not applicable. 4

(h) The names, addresses, citizenship, and principal businesses of persons or entities that directly or indirectly own at least ten percent of the equity of Lebow, and the percentage of equity owned by each of those entities (to the nearest one percent), is as follows: Name/Address % Held Citizenship Principal Business Gtilfsat Communications Company 100% Kuwait Telecommunications P.O. Box 2400 Services Safat, Kuwait Direct or Indirect Ownership in Gulfspt: Kuwait Investments Projects Co. 34% Kuwait Investment Company P.O. Box 23882 13100 Safat, Kuwait Al-Morabitoon International General 12% Kuwait General Trading, Trading and Contracting Group Contracting & P.O. Box 24994 Investment Company Safat, Kuwait Burgan Bank 10% Kuwait Banking P.O. Box 5389 13054 Safat, Kuwait Interlocking Directorates: Fuad Dashti, Chairman of Gulfsat will serve as a Director of Lebow. Mr. Dashti is not an officer or director of any other telecommunications service provider. (i) Lebow certifies that it is affiliated with a foreign carrier within the meaning of Section 63.09 of the Commission's Rules, 47 C.F.R. §63.09. Lebow is affiliated with Gulfsat, a Kuwaiti carrier. Lebow is wholly-owned by Gulfsat. This is the only affiliation Lebow has with a foreign carrier. Gulfsat is a backbone provider of Internet services in Kuwait, provides international data services between Kuwait and points outside Kuwait, and provides private line services outside of Kuwait. a) Lebow certifies that it does not seek to provide international telecommunications services to any destination country where: (1) Lebow is a foreign carrier in that country; or (2) Lebow controls a foreign carrier in that country; or 5

(3) Two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, more than twenty-five percent of Lebow and are parties to, or the beneficiaries of, a contractual relation (e.g. joint venture or market alliance) affecting the provision of marketing of international basic telecommunications services in the United States. Lebow ftirther certifies that Gulfsat, a Kuwaiti carrier, is a foreign carrier owning more than twenty-five percent of Lebow. As part of its global resale authority, PICKNet is currently authorized to provide resold international telecommunications services to Kuwait. Lebow seeks to continue use of the PICKNet Section 214 authorization to provide resold international telecommunications services to Kuwait. Kuwait, the destination foreign country, is a Member of the World Trade Organization. Gulfsat, the foreign carrier with which Lebow is affiliated, lacks sufficient market power on the Kuwaiti end of the route to adversely affect competition in the U.S. market. Gulfsat is a backbone provider of internet services in Kuwait, provides international data services between Kuwait and points outside Kuwait, and provides private line services outside of Kuwait. As a small international reseller of data services and internet backbone provider lacking control of international transport capacity or local access in Kuwait, Gulfsat does not have a fifty percent market share in the international transport and local access markets on the Kuwaiti end of the route. Gulfsat does not have the ability to discriminate against unaffihiated U.S. international carriers through control of bottleneck services or facilities in Kuwait. The international transport and local access markets in Kuwait are dominated by the monopoly PTT, Kuwait Tel. Accordingly, following the transfer of ownership and control of PICKNet to Lebow, there should be a presumptive non-dominant classification. (m) For the reasons outlined in (I) above, Lebow desires PICKNet, following approval of the transfer of ownership and control, to be regulated as non-dominant for the provision of international telecommunications services provided to Kuwait on a resold basis. Further, pursuant to Section 63.10(4) of the Commission's Rules, 47 C.F.R. §63.10(4), service will continue to be provided solely through the resale of an unaffiliated U.S. facilities- based carrier's international switched services (either directly or indirectly through the resale of another U.S. resale carrier's international switched services), thus, strengthening the qualification for the presumptive non-dominant classification. See attached Certification. See attached Certification. The Applicants request streamlined processing pursuant to Section 63.12 of the Commission's Rules. Lebow is affiliated with a foreign carrier, Gulfsat, a Kuwaiti company. However, given that the a.ffiliated destination market is Kuwait, given Kuwait's status as a World Trade Organization member country, and understanding that service will be provided solely through resale of an unaffiliated U.S. facilities-based 6

carrier's international switched services, the Applicant qualifies for the presumption of non-dominance under Section 63.1O(a)(4), 47 C.F.R. §63.1O(a)(4), and the Applicant also qualifies for a presumption of non-dominance under Section 63. 1O(a)(3), 47 C.F.R. §63. 1O(a)(3), this Application qualifies for streamlined processing. ILL Conclusion The Applicants certify that all information in this Application is accurate and correct. For the reasons stated herein, PICKNet and Lebow respectRilly request that the Commission grant this Application to consummate the proposed transfer of ownership and control as soon as possible, and grant all other relief as necessary and appropriate to effectuate the transaction described herein. Respectfully submitted, enazi Id & Priest LL 701 Pennsylvania Avenue, NW, Suite 800 Washington, D.C. 20004-2608 (202) 508-4000 Counsel to Lebow Investments Ltd. Dated: December 3, 1999 7

CERTIFICATION OF APPLICANT Lebow Investments certifies that it has not agreed and will not agree in the future to accept any direct or indirect special concessions from a foreign carrier or administration with regard to traffic or revenue flows between the United States and any foreign countries the company is authorized to serve. On behalf of Lebow Investments, and in accordance with Sections 1.200 1 through 1.2003 of the Commission's Rules, 47 C.F.R. §I.2001 through 1.2003,1 hereby certify that no party to this transfer application is subject to a denial of Federal 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 are true, complete and correct to the best of my knowledge and are made in good faith. LEBOW IN VESTMENTS By: Name: ioer (?-, c41 Title: Oi ftCrO(7 Date: /2./i /

CERTIFICATION OF APPLICANT PICK1Net, Inc. certifies that it has not agreed and will not agree in the future to accept any direct or indirect special concessions from a foreign carrier or administration with regard to traffic or revenue flows between the United States and any foreign countries the company is authorized to serve. On behalf of PICKNet, Inc., and in accordance with Sections 1.2001 through 1.2003 of the Commission's Rules, 47 C.F.R. §l.200l through 1.2003, I hereby certify that no party to this transfer application is subject to a denial of Federal 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 are true, complete and correct to the best of my knowledge and are made in good faith. By:(ii, / ///i&-' Name: /' C(f Title: >i:_i c--'r Date: \\REIDDC\USER1\NJE\picknetcerti1lcatiofldOC


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