Attachment InContact ROA Applic

InContact ROA Applic

SUPPLEMENT submitted by InContact

Supplement

2016-05-06

This document pretains to ROA-NEW-20160318-00002 for New Application on a Recognized Operating Authority filing.

IBFS_ROANEW2016031800002_1135517

Attachment 1 Pursuant to the applicable requirements for Recognized Operating Agency Authority as set forth in 47 C.F.R. §63.701 and the instant application for Recognized Operating Agency, inContact, Inc. (“Applicant”) hereby provides the following supplemental information: 47 C.F.R. § 63.701: “A statement that the party is aware that it is obligated under Article 6 of the ITU Constitution to obey the mandatory provisions thereof, and all regulations promulgated thereunder, and a pledge that it will engage in no conduct or operations that contravene such mandatory provisions and that it will otherwise obey the Convention and regulations in all respects. The party must also include a statement that it is aware that failure to comply will result in an order from the Federal Communications Commission to cease and desist from future violations of an ITU regulation and may result in revocation of its recognized operating agency status by the United States Department of State.” Applicant is aware of its obligations under Article 6 of the ITU Constitution and will comply with all the mandatory provisions and regulations thereof. Applicant will engage in no conduct or operations that would violate said ITU provisions and regulations. Appliance will comply with the Convention and regulations in all respects. Applicant acknowledges that failure to comply will result in a cease and desist order from the FCC and may result in revocation of its ROA status by the U.S. Department of State. 47 C.F.R. §63.701(h). “A statement setting forth the points between which the services are to be provided.” Applicant provides ITFS, DDIs, MPLS, voice termination, and SIP trunking over the Internet to Applicant’s customers in worldwide destinations. 47 C.F.R. §63.701(f). “A statement whether the applicant is a carrier subject to Section 214 of the Communications Act, an operator of broadcast or other radio facilities, licensed under Title III of the Act, capable of causing harmful interference with the radio transmissions of other countries, or a non-carrier provider of services classed as ‘enhanced’ under Section 64.702(a).” Applicant is a carrier subject to Section 214 of the Act and holds a Section 214 authorization. 47 C.F.R. §63.701(g). “A statement that the services for which designated as a recognized private operating agency is sought will be extended to a point outside the United States or are capable of causing harmful interference to other radio transmissions and a statement of the nature of the services to be provided.” The services, as described in the response to the 47 C.F.R. §63.701(h) inquiry, will extend to points outside the United States. Applicant leases data center space and has cell switching capabilities in London, Frankfurt, Munich and Hong Kong, in addition to a U.S. presence. This connectivity allows Applicant’s customers to access multi-tenant

contact optimization software application in Applicant’s private cloud. The services are not capable of causing harmful interference to radio transmissions. 47 C.F.R. §63.701(d). “A statement of the ownership of a non-corporate applicant or the ownership of the stock of a corporate applicant, including whether the applicant or its stock is owned directly or indirectly by an alien.” Applicant is a Delaware Corporation. Applicant is publicly traded on the NASDAQ stock exchange. Applicant is 96.32% owned by various institutional holdings. The top five institutional holders are: FRM LLC, Bank of Montreal (Canada), Portolan Capital Management, LLC, Blackrock Fund Advisors, and Vanguard Group, Inc. Of these, only the Bank of Montreal is a non-US entity. The Bank of Montreal owns 9.0087% of Applicant’s stock. 47 C.F.R. §63.701(i). “A statement as to whether covered services are provided by facilities owned by the applicant, by facilities leased by another entity, or other arrangement and a description of the arrangement.” Applicant’s services are resold/leased from other providers except to for open Internet communications. Applicant’s data center locations are leased from regional providers.


Document Created: 2016-05-06 16:25:17
Document Modified: 2016-05-06 16:25:17
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