Attachment Section 214 App

This document pretains to ITC-214-20100216-00082 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142010021600082_800091

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of ) ) KODIAK-KENAI CABLE COMPANY, LLC, ) Application Under Section 214 ) FileNo. TC- - - - Of the Communication Act of 1934, ) ) As Amended, for Global Authority ) ) For the Provision of Resold ) and Facilities-Based ) ) International Switched and ) Private Line Services ) ) Between and among U.S. and Various ) International Points ) APPLICATION Kodiak-Kenai Cable Company, LLC ("KKCC" or "Applicant"), by its attorneys and pursuant to Section 214 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.c. 214, hereby requests global authority to (l) operate as a facilities-based carrier pursuant to the terms and conditions of Section 63.18(e)(l) of the Commission's Rules, 47 C.F.R. 63.18(e)(l), to all foreign points as authorized by the Commission and (2) operates as a resale carrier pursuant to the terms and conditions of Section 63.18 (e)(2) of the Commission's Rules to all foreign points as authorized by the Commission. 47 C.F.R. 63.18 (e)(2). KKCC has no affiliation with any foreign carrier in any of the destination countries for which authority is requested nor is KKCC affiliated with any dominant U.S. carrier whose services KKCC may resell. Thus, pursuant to Section 63.10 (a)(l) of the Commission's Rules, 47 C.F.R. 63.10 (a)(l), KKCC should be classified as a non-dominant carrier in its provision of international service on all routes. Furthermore, as explained herein, this Application is entitled to streamlined processing under Section 63.12 of the Commission's Rules. 47 C.F.R. 63.12. According to the FCC's fee schedule, Fee Code CUT, a check in the amount of (applicable fee) is attached hereto. In support of its request for authority, KKCC submits the following information pursuant to Section 63.18 of the Commission's Rules, 47 C.F.R. 63.18. KOD003 FCC Ib051001 2/10/10

(a) The name, address and telephone number of the Applicant is: Kodiak-Kenai Cable Company, LLC 2702 Denali Street, Suite 100 Anchorage AK 99503 Phone: 907278-6100 Fax: 907222-2760 (b) KKCC is a limited liability company organized under the laws of the state of Alaska. (c) Correspondence concerning this Application should be addressed to: Jon M. Schorr, Esq. Carney Badley Spellman 70 I Fifth Ave., Ste. 3600 Seattle, WA 98104-7010 Phone: 206 622-8020 Fax: 206467-8215 with copies to: C. Walter Ebell, CEO Kodiak-Kenai Cable Company, LLC 2702 Denali Street, Suite 100 Anchorage AK 99503 Phone: 907278-6100 Fax: 907222-2760 (d) KKCC has not previously received Section 214 authority from the Commission. (e) KKCC is applying for authority to operate as a facilities-based carner pursuant to the terms and conditions of Section 63.18 (e)(1), of the Commission's Rules 47 C.F.R. 63.18 (e)( 1) and as a resale carrier pursuant to the tenns and conditions of Section 63.18 (e)(2) of the Commission's Rules. 47 C.F.R. 63.18 (e)(2). KKCC requests authority to serve all countries pelmitted under a grant of global authority. As evidenced by the certification provided in Attachment A, KKCC will comply with the tenns and conditions contained in Section 63.21, 63.22 and 63.23 of the Commission's Rules. 47 C.F.R. 63.21-.23. (f) At this time) Applicant does not seek authority to provide service not referenced under paragraph (e) of Section 63.18 of the Commission's Rules. 47 C.F.R. 63.18 (e). 2 KOD003 FCC Ib0510012JI0/10

(g) KKCC will use previously authorized facilities to provide the services requested by the Application. Consequently, KKCC is categorically excluded from environmental assessment pursuant to Section 1.1306 of the Commission's Rules. 47 C.F.R. 1.1306. (h) KKCC is ninety percent (90%) owned by Old Harbor Native Corporation, an Alaska corporation ("OHNC") and ten percent (10%) by Ouzinkie Native Corporation, an Alaska corporation ('tONC"). Each corporation was established pursuant the Alaska Native Claims Settlement Act which requires that only eligible Natives or a descendent of a Native may vote the shares of corporate stock. The address of OHNC is 2702 Denali Street, Suite 100, Anchorage, AK 99503 and the address for ONC is 11001 O'Malley Centre Drive, Suite 204, Anchorage, AK 99515. (i) As evidenced by the certification attached hereto as Attachment A, KKCC is not affiliated with a foreign carrier. U) As evidenced by the certification attached hereto as Attachment A, KKCC does not seek to provide international telecommunications service to any destination where: (I) KKCC is a foreign carrier in that country; (2) KKCC controls a foreign carrier in that country; (3) any entity that owns more than a 25% interest in KKCC, or controls KKCC, controls a foreign carrier in that country; or (4) two or more parties own, in the aggregate, more than 25% of KKCC and are parties to, or the beneficiaries of, a contractual relationship that affects the provision or marketing of international basic telecommunications services in the United States. (k) Not applicable; KKCC is not affiliated or otherwise related to any foreign carrier on any of the routes which KKCC proposed to provide service in this Application. (1) Not applicable; KKCC is not a foreign carrier and is not affiliated with a foreign carrier on any of the routes it proposes to resell international telecommunications service. (m) Not applicable; KKCC is not affiliated with any foreign carrier on any of the routes it proposes to provide services. (n) As evidenced by the certification provided in Attachment A, KKCC has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route in which 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. (0) As evidenced by the certification provided in Attachment A, 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. (p) KKCC respectfully requests streamlined processing of this Application pursuant to Section 63.12 of the Commission's Rules. 47 C.F.R. 63.12. This Application qualifies for streamlined processing for the following reasons: (1) KKCC is not affiliated with a foreign carrier on any route for which authority is sought; (2) KKCC is not affiliated with any dominant 3 KOD003 FCC IbOSIOO! 2/IO/lO

U.S. carrier whose international switched or private lines services it seeks to resell; and (3) KKCC is not requesting authority to provide switched service over private lines to countries not previously authorized for service by the Commission. Wherefore, KKCC respectfully requests that the Commission grant it authority to provide international telecommunications services on a facilities and resale basis pursuant to Section 214 of the Communications Act of 1934, as amended. Respectfully submitted, KKCC, Inc. By: (/Um C. Walter Ebell Chief Executive Officer Kodiak—Kenai Cable Company, LLC 2702 Denali Street, Suite 100 Anchorage AK 99503 Phone: 907 278—6100 Date: 6/31/20/0 KODO003 FCC 1b05100 1 2/10/10

CERTIFICATE The undersigned hereby certifies, on behalf of KKCC, Inc. ("KKCC") with respect to the foregoing application for authority to provide international services, that: 1. KKCC is not affiliated with any foreign carrier in any of the countries to which KKCC proposes to provide service in the foregoing application. 2: KKCC will comply with the terms and conditions contained in Section 63.21, 63.22 and 63.23 of the Commission‘s Rules. 47 C.F.R. 63.21—.23. 3. KKCC does not seek to provide international telecommunications service to any destination where: (1) KKCC is a foreign carrier in that country; (2) KKCC controls a foreign carrier in that country; (3) any entity that owns more than a 25% interest in KKCC, or controls KKCC, controls a foreign carrier in that country; or (4) two or more parties own, in the aggregate, more than 25% of KKCC and are parties to, or the beneficiaries of, a contractual relationship that affects that provision or marketing of international basic telecommunications services in the United States. 4. KKCC 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. 5. No party to this application is subject to a denial for Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. 853 (a). KKCC, Inc. By: (5. /0%/ M C. Walter Ebell, Esq. Chief Executive Officer Kodiak—Kenai Cable Company, LLC 2702 Denali Street, Suite 100 Anchorage AK 99503 Phone: 907 278—6100 Date: )/A%/?& 1 KOD003 FCC tb051001 2/10/10


Document Created: 2010-02-16 10:30:55
Document Modified: 2010-02-16 10:30:55
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