Attachment 20170207144648-983.p

20170207144648-983.p

SUPPLEMENT

Supplement

1999-04-12

This document pretains to ITC-214-19990412-00222 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141999041200222_1415894

Streamlined ITC—214—19990412—00222 CABLE & WIRELESS GLOBAL MARKETS, INC. Categories of Services for 214 Applications Gemm (Streamline/Non—streamline) Cognomusps. ASSICGNMENT OF LICENSE fli{g a 9 a o § CLOBAL FACILITIES—BASED SERVICE CLOBAL FACILITIES—BASED/GLOBAL RESALE SERVICE GLOBAL RESALE SERVICE 8e INDIVIDUAL FACILITIES—BASED SERVICE INTERCONNECTED PRIVATE LINE RESALE SERVICE LIMITED GLOBAL FACILITIES—BASED SERVICR/LIMITED GLOBAL RESALE SERVICE . f LIMITED CLOBAL FACILITIES—BASED SERVICE ®@ LIMITED CLOBAL RESALE SERVICE , § 9 9 C |) INMARSAT AND MOBILE SATELLITE SERVICE i NA t SWITCHED RESALE SERVICE,_ x § TRANSFER OF CONTRORL— f | SUBMARINE .CABLE LANDING LICENSE o o »_INTERNATIONAL SPECIAL PROJECT 2 Description of Application: W ; fq & fiji 7 IE;jEED i P O D ;é ODaigtlolhy) Os \_ewmm.mf § =;r\ CE MAXTCYEH *

M 4mK: 2 4 4N00ofn 1 S S al r'-x‘/'t')uj FIRST UNION FTIONAL B, NK WASHIN ‘ON, DC KELLEY DRYE & WARREN LLP * 15—122/540 1200 19TH STREET, N.W. 00480 WASHINGTON, DC 20036 AEril 12, 19995 PAY TO THE Federal Communications Commission 780 .00 ORDER OF. $ seven—Hundred and Fighty~~—~—=~—rr=====~e===~=m==~sm=u~ewusm=umuy=~PO/L10 —y—=r—re—en=n===—=m~Tigz=———~— "DOITARS use es MEMO _009525,.006 /’b WK %//W ©00 540 7!* 1105400 12 2020000346408 (3®

mmmmommmmmmmmmenr [READ INSTRUCTIONS CAREFULLY APPROVED BY OMB BEFORE PROCEEDING FEDERAL COMMUNICATIONS COMMISSION REMITTANCE ADVICE 358.115 raceno._1__or__1 0) LockBox # 2) PAYER NAME mhfl!mflfiflflmnlvmfiwg E)mugmounpm(mmm) Kelley. Drye & Warren LLP 5) STREET ADORESS LNE NO. 2 n state TiPcobe Washington, D.C. 20036 . ) DAYTIME TELEPHONE NUMEER (Include srea code) (10} COUNTRY COOE (if not in U.S.A) o c (202) 955—9600 |_USA KE MEEW__M. Cable & WIreless Global Markets, Inc. 12) STREET ADORESS LINE NO.1 8219 ‘Leesburg Plke (13) STREET ADORESS LINE NO. 2 14) Cmy s . (18) STATE 19 nr cooe V ienna VA 22182 moamut'rtwmmmuumq (18) COUNTRY CODE (f not in U.SA) (703) 90!4109 (234) FCC COOE 1 Fee (198) caLL. siGwoteR io |M nm:xnmoooem m’" ZJQ FCC CODE 1 19C) FCC CALL SIGMOTHER iD (20C) PAYMENT TYPE CODE (PTC) Teacwanr (23G FCC CODE 1 £190) FCC CALL SIGM/OTHER iD Fenmanee E esn (230) FCC CODE 1 40) FCC COO€ 2 PAYER TIN of i1 3 Is Is s 15| 1 |o 7 PLICANT TIN 1. oan M. Griffin , 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____ eAz f J—SECrONE—EREpITCARDPAYMENTINEORMAHon___ iate "——p asa Mmumimqm-m es the rervicebiutherttatensit heain descibed.

KELLEY DRYE & WARREN ccr A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 1200 19T8h STREET, N.W. NEW YORK, NY SUITE 500 FACSIMILE LOS ANGELES, CA (202) oss—97902 WASHINGTON, D.C. 20036 MIAM1I, FL CHICAGO, IL (202) 955—9600 STAMFORD, CT DIRECT LINE (202) 955—9786 PARSIPPANY, NJ E—MAIL: |griffin@kelleydrye.com BRUSSELS, BELGIUM HONG KONG April 12, 1999 AFFILIATE OFFICES BANGKOK, THAILAND JAKARTA, INDONESIA MANILA, THE PHILIPPINES MUMBA1, INDIA TOKYO, JAPAN Federal Communications Commission International Bureau Telecommunications Division P.O. Box 358115 Pittsburgh, PA 15251—5115 Attn: Susan O‘Connell Re: Application of Cable & Wireless Global Markets, Inc. for Authority Pursuant to Section 214 of the Communications Act of 1934, as Amended, to Operate As a Facilities—Based and Resale Carrier Between the U.S. and Jamaica and Between the U.S. and St. Kitts and Nevis Dear Sir or Madam: Cable & Wireless Global Markets, Inc., by its attorneys, hereby submits for filing an original and five (5) copies ofits above—captioned application. Enclosed is a duplicate of this filing and a return envelope. Please date—stamp the duplicate upon receipt and return it in the envelope provided. Also enclosed is a check in the amount of $780.00 for the filing fee. Please do not hesitate to call me at the above referenced number if you should have any questions regarding this matter. Sincerely, Mnvep M. Griffin Its Attorney / JG:orr Enclosures DCOL/GRIFJ/78756.1

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of CABLE & WIRELESS GLOBAL MARKETS, INC. Application for Authority Under File No. ITC — Section 214 of the Communications Act of 1934, as Amended, to Operate As a Facilities—Based and Resale Carrier Between the U.S. and Jamaica and Between the U.S. and St. Kitts and Nevis APPLICATION Cable & Wireless Global Markets, Inc. ("CWGM" or "Applicant"), by its attorneys and pursuant to Section 214 of the Communications Act of 1934, as amended ("the Act") and Section 63.18(e)(6) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(6), hereby requests authority to operate as a facilities—based and resale carrier. CWGM seeks authority to serve Jamaica and St. Kitts and Nevis in this Application. CWGM is affiliated with Cable & Wireless Jamaica in Jamaica and with St. Kitts and Nevis Telecommunications, Ltd. in St. Kitts and Nevis. However, both countries are Members of the World Trade Organization ("WTO"). Thus, grant of authority to CWGM is appropriate under the rules and policies established by the Commission in its Foreign DCOL/GRIFJ/72769.1

Participation Order.‘ In addition, CWGM notes that the Commission recently granted facilities—based and resale autliority to tw other Cab‘le & Wireless companies, C:ible & Wireless, In :. (CC&WUSA") ind C ible és Wircless (Flobal Carc Services, Inc. (°C&V C:ird Servic :s") to provide service c n theise rou:es." in the C&WH USA Order, the Commissio1. regulated C&WUSA a 1d C&&W Card Services in their provision of s ervic: o1: these routes as (1 ) non—doniinant , if these ca riers are providing on‘ y switched services th:ough the :esale of other U.S.—aut! orized carriers‘ switched services (except affiliate« U S. carricer: regulated as dominant on the: route:), anc. (2) dominuint, if these carriers are providing a1 y other service." CWG M recuests and asceptsthe same regulatory treatmnt in this Applcation. CW( 3M recosnizes thet its a ithor zation to piovide facilities—based servic : on t ie routes reque stec! will be subject to tl ie ber chma k set :lement rate condition adoptid in the Commissiotr ‘s Renc/hmark Set‘leme: it Rat zs Order® a 1d thus that it wil be unable to provide faci ities—based servic: on a 1y paticul;r route until the settler r1ent rates of C‘NGM‘s fcreign afliliate on the roite are with n ber.chmark. CWGNM accepts this condition, e::cept to the extent that t 1e conditiou is found to be unrlawful. CWGM requests that the Co nmission process this Applicatior in accordance with its streamlined processing procedures. Streamlined processing is appropriate under Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, IB Docket Nos. 97—142 and 95—22, Report and Order on Reconsideration, 12 FCC Red 23, 891 (1997) ("Foreign Participation Order"). 6 See Cable & Wireless, Inc., Order, Authorization and Certificate, DA 98—1887, rel. Sept. 18, 1998 (hereinafter the "C&WUSA Order"). 3 Id. at T1 25—26. * See International Settlement Rates, Report and Order, 12 FCC Red 1986 (1997) ("Benchmark Settlement Rates Order"). .g . DCO1/GRIFJ/72769.1

Section 63.12(c) of the Commission‘s Rules, because the Commission has already determined the market power of CWGM‘s affiliates in these countries, and CWGM will accept the regulatory treatment that the Commission has already found to be appropriate in light of these affiliates‘ market power. Pursuant to Section 63.18 of the Commission‘s Rules, CWGM sets forth the following information in support of this Application: (a) The name, address, and telephone number of the Applicant is: Cable & Wireless Global Markets, Inc. 8219 Leesburg Pike Vienna, VA 22182 Phone: (703) 905—4109 (b) CWGM is a corporation organized under the laws of the State of Delaware. (c) Correspondence concerning this Application should be sent to: Philip V. Permut Joan M. Griffin KELLEY DRYE & WARREN LLP 1200—19"" Street NW Suite 500 Washington, D.C. 20036 Phone: (202) 955—9600 Fax: (202) 955—9792 (d) CWGM currently holds limited global resale authority, as granted in File No. I—T—C—98—474 (effective August 5, 1998). (e) CWGM is applying for authority pursuant to Section 63.18(e)(6) of the Commission‘s Rules to operate as a facilities—based and resale carrier for the provision of service to Jamaica and St. Kitts and Nevis. 8 No response required. (g) CWGM will use previously authorized facilities to provide its facilities— based services and thus this Application is categorically excluded from environmental assessment pursuant to Section 1.1306 of the Commission‘s Rules. DCO1/GRIFJ/72769.1

(h) (1) As evidenced by the certification provided in Attachment A, CWGM is affiliated with foreign carriers in the countries listed in Annex 1 to that Attachment. Also, CWGM is a foregin carrier in Canada. (2) CWGM is ultimately 100 percent owned by Cable and Wireless plc ‘C.ZV7 ple"), a company crg:inized under the laws of England and. Zalss.‘ C&W plc is a toldin.z company for a nuinber of lecoramunicaions operatior s vrorldwide. There: are r o shareholder ; th at antrol ten percen: o1 more of C&£W/ plc. A:; presint, CWGNI has no teilo:king dirsctorites w th an ; other U.S cominon carrier. }) As evidenced by the certisiciition provided in Attaciment: A, CW3M indirectly affiliated w th a U.S. carrier, Cible & Wireless, ‘nc. ‘C&zVTUSA"). CWOGN . proposes to resell the facilities—based teinational sevices of C(zW U SA, as well as the: facil ties—tased tei national se vices of other U.S. csarrie‘s. ) Nc respons: requ ired. i) Jaimnaica and St. Hitts and Nevis are Meinbers of the WTO. ) Tainaica and St. Hitts aad Nevis are Meimmbers of the: WTO. ") To the extenrt requaircd, C\VCIM will file quart »rly tiaffic reports uind sr sction 43.61(c) of the Commission‘s Rules. }) As noted prev ously, is th: C&WUSA C rder, the Commission gulated two o —her C ab e &z Wireless comp inies, C&WUSA and C&W arcd Sarvices, in their provisi n of service to Jamaica and St. Kitts and ev s us (1) non—don inint, if these carriers ire providing only switched rvices through the 1esale of oth er U.S.—aut 10rized carriers‘ switched services (except affiliated U.S. carriers regu.ated as dominant on the route) | and (2) dominant, if these carriers are providing any other service. & CWGM requests and accepts the same regulatory treatment in this Application. (i) As evidenced by the certification provided in Attachment A, CWGM certifies that it has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to 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 and will not enter into such agreements in the future. & The address of C&W plc is 124 Theobalds Road, London WC1X 8RX, England. i. DCOL/GRIFJ/72769.1

0) As evidenced by the certification provided in Attachment A, CWGM certifies that no party to this Application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (k) Streamlined processing is appropriate for this Application under Section 63.12(c)(1)(iii) of the Commission‘s Rules because the Commission has already determined the market power of CWGM‘ s affiliates in these countries, and CWGM will accept the regulatory treatment that the Commission has already found to be appropriate in light of these affiliates‘ market power. DCOL/GRIFJ/72769.1

For the reasons stated herein, the Commission should grant the authority requested in this Application. Respectfully Submitted, CABLE & WIRELESS GLOBAL MARKETS, INC. By: MMVI/W David Sexton® Chief Executive Philip V. Permut Joan M. Griffin KELLEY DRYE & WARREN LLP 1200—19"" Street NW Suite 500 Washington, D.C. 20036 (202) 955—9600 Its Attorneys Date: /7‘//2//q f Pursuant to Section 1.743(b) of the Rules, this Application is signed by CWGM‘s counsel on its behalf as all representatives of CWGM are absent from the U.S. 76— DCOL/GRIFJ/72769.1

Attachment A CERTIFICATION The undersigned hereby certifies, on behalf of Cable & Wireless Global Markets, Inc. ("CWGM"), that: 1. CWGM is a foreign carrier (as that term is defined in Section 63.18(h)(1)(ii) of the Commission‘s Rules) in Canada. CWGM is affiliated with foreign carriers that operate in the countries listed in Annex 1 to this Certification. CWGM is affiliated with Cable & Wireless, Inc., a facilities—based U.S. carrier whose services CWGM plans to resell. CWGM has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to 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 and will not enter into such agreements in the future. No party to this Application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. W bC@tLme /‘Y’UU‘“ David Sexton‘ Chief Executive Date: 12(4 7 Pursuant to Section 1.743(b) of the Rules, this Application is signed by CWGM‘s counsel on its behalf as all representatives of CWGM are absent from the U.S. DCOL/GRIFJ/72769.1

Annex 1 to Attachment A. COUNTRIES IN WHICH CABLE & WIRELESSpic POSSESSES 25 PERCENT OR GREATER COMMON DIRECT )R INDIRECT OWNERSHIP IN A CARRIER Anguilla Macao Antigua Maldives Ascension Island Montserrat Australia Pakistan Barbados Panama Bermuda Philippines British Virgin Islands Russia Bulgaria Seychelles Canada Solomon Islands Cayman Islands St. Helena China St. Kitts & Nevis Diego Garcia St. Lucia Dominica St. Vincent Falkland Islands Thailand Fiji Tonga Grenada Trinidad & Tobago Hong Kong Turks & Caicos Indonesia United Kingdom Jamaica Vanuatu Japan Yemen DCO1/GRIFJ/72769.1


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