Attachment 20170328163911-527.p

20170328163911-527.p

SUPPLEMENT

Supplement

1992-10-15

This document pretains to ITC-214-19921015-00128 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141992101500128_1440323

Non—Streamilined 17C—214—18921015—00128 Westlaw MICRONESIAN TELECOMMUNCATIONS CORP 8 F.C.C.R. 750, 8 FCC Red. 750, 1993 WL 756745 (F.C.C.) C Cable will be a high capacity, fiber optic, lightguide submarine cable system with a "design capacity 8 F.C.C.R. 750, 8 FCC Red. 750, 1993 WL 3745 equivalent to 24,192 voice grade channels. The sys— (F.C.C.) tem will consist of twelve fibers each operating at a SONET (Sychronous Optical Network) rate of 622 «idipibnhn.. Mbps. It will be repeaterless because of the relat— **1 IN THE MATTER ively short distances between the cable landing MICRONESIAN TELECOMMUNICAT. S sites. CORPORATION 3. According to MTC, the MTC Interisland Cable APPLICATION FOR AUTHORITY UNDE 3EC— will supplement existing facilities used to provide TION 214 OF THE COMMUNICATIONi CT regularly authorized services in CNMI and between OF 1934, AS AMENDED, TO CONSTRUC 4ND CNMI and Guam and beyond. £N+S MTC states OPERATE THE MTC INTERISLAND CABLE that it currently provides service between Saipan, BETWEEN THE COMMONWEALTH OF THE Tinian, Rota and Guam via an analog microwave NORTHERN — IA1 _ ~~_ANDS AND C~ AM system. Existing traff wil e tran: red to the fiber optic MTC Inter ind ble frc the analog _i microwave system wh: wil e retait as a back— Adopted: Jan 4s . Released: Febri / 3, up for the Saipan to Ti n t« ota seg snts. Digit— al satellite facilities u_ be ed as : ack—up for the Rota to Guam se ient 4ATC s :s that the *750 MEMO JU1 NION, ORDER ND change from analog t igit fiber c c facilities CHC TION will allowit to provid s c amers h more ef— ficient and modern set :es. TC not that use of By the Chief, ion t Bureau: the existing microway sys i is di ult due to 1. The Comm ha: r consideration ap— the distance between tl sla .and b usetropic— plication filed e V »sian Telecomr ica— al storms and typhoc oc ring i he Pacific tions Corpora her‘ r MTC or Ap; ant) make it more susceptit to c uption in submar— for aut pu to Section 214 _‘ the ine cable facilities. In fiti MTC :es that the Communicati( o +, as amended, :on— number of telephone s scri s in C1 [I has been struct and ope hig icity digital suk rine growing to the point t :th is ina juate capa— cable [%Sgfim’ known as the MTC‘ Intensiand city in the analog micauwav. _ystem .. meet fore— Cable. The application was placed on the casted customer demand. Commission‘s public notice. IT & E Overseas, Inc. 4. IT & E filed a petition to condition or deny the (IT & E) filed a petition to condition or deny the application based on alleged violations of the GTE application and MTC filed an opposition in re— Consent Decree and alleged anticompetitive sponse. conduct by MTC. Specifically, IT & E cites several 2. The MTC Interisland Cable will link the islands examples of anticompetitive conduct which primar— of Saipan, Tinian and Rota, all of which are in— ily relate to its inability to have what it deems suit— cluded in the Commonwealth of the Northern Mari— able access to scarce facilities controlled by MTC. ana Islands (CNMI). The cable will then extend IT & E also claims that the GTE Consent Decree between Rota and Guam. The MTC Interisland prohibits MTC from constructing the planned facil— ities between the CNMI and Guam, both domestic © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.

8 F.C.C.R. 750, 8 FCC Red. 750, 1993 WL 756745 (F.C.C.) Page 2 points, and that a w er would be req 2d. IT & E 7. After consideratio he applicatic ind peti— states that these iss . will be pursue a0re form— tion filed by IT & E, aclude that t onstruc— ally before the Dep. nent of Justice he context tion and operation c MTC Interis: d Cable of a request for in itigation and er ‘cement of will serve the publi venience anc ecessity. the GTE Consent I ree. How r, IT & E The MTC Interislan« le will introo e digital believes that any C mission authori ion should fiber optic cable tec zy to the C (I which be conditioned on outcome of th )epartment will improve service se the curreni alog mi— of Justice‘s respons: > both of these i es, includ— crowave system is susceptible tropical ing IT & E‘s req t that MTC be squired to storms and typhoons submarine c > facilit— jointly construct an perate the prop« d cable fa— ies. In addition, MTC : that the nun r oftele— cilities with IT E and oth interested phone subscribers in has been gre ng to the parties. point that there is ina te capacity it e analog microwave system :et forecaste demand. **2 *751 5. MTC ucnies the allegauons of anti— However, our finding herein does not in any way competitive conduct as well as IT & E‘s claims that prejudge any action by the District Court or Depart— the proposed ~~"Nle violates the GTE Consent De— ment of Justice concerning the applicabil"" of the cree. MTC nc that Section V(C)(1) of the GTE GTFE Consent Decree to this project. Thu: ny de— Consent Dec specifically permits Haw in 1 to proceed with the construction a opera— Telephone Cc »any, and inherently its subsi ry f this cable by MTC will beat its ow sk. MTC, to prov international services. MTC : es that these isst are not properly raised in the n— scordingly, IT IS ORDERED that a; cation text of a Sec n 214 application since the _E No. I—T—C—92—140 IS GRANTED an {TC is Consent Dec: is administered by the Di ct rized to: Court and the spartment of Justice. Finally, ‘C a) construct and operate a digital fi > optic asserts that it not obligated to offer IT & in ubmarine cable system (MTC L island ownership int st in the proposed cable, since n— cable) extending between the is ds of trol of the cab s necessary to ensure that faci es saipan, Tinian and Rota, all of whic ire in— will be availal to serve the residents of CNM ‘luded in the Commonwealth of the irthern Mariana Islands (CNMI) and between ta and 6. We dismis [ & E‘s petition to deny or c li— Juam; and tion the applic on because of alleged violatio of b) activate and operate the capact in the the GTE Corn it Decree. It is the District ( irt UATC Interisland Cable for the provis ofits and the Depa_.__ent of Justice, and not this _ _ n— «egularly authorized telecommunicat.u.s ser— mission, that are charged with determining whether vices. certain actions are in violation of the GTE Consent Decree. IT & E acknowledges that the issues raised **3 9. IT IS FURTHER ORDERED that IT & E‘s will be addressed in a formal investigation by the petition to condition or deny the application IS Department of Justice. Our authorization herein DISMISSED. will be subject to any decision by the Department of Justice and the District Court with respect to the 10. IT IS FURTHER ORDERED that the Commis— alleged violation of the GTE Consent Decree. The sion retains jurisdiction to reallocate interests in ca— Commission will take appropriate steps, if neces— pacity herein authorized, as the public interest may sary, once a decision is rendered on this issue. require to accommodate additional carriers or oth— Thus, there is no need to condition MTC‘s authoriz— erwise, with, where required, the concurrence of the ation to construct and operate the subject facilities. foreign administration or carriers concerned, and, further, jurisdiction is retained by the Commission © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.

8 F.C.CR. 750, 8 FCC Red. 750, 1993 WL 756745 (F.C.C.) Page 3 over all matters relating to the ownership, manage— tional service to be provided. ment, maintenance, and operation ofthe cable sys— tem as authorized herein, to assure the most effi— FN4. United States v. GTE Corporation, Civ. Ac— cient use not only of this cable system, but of all tion No. 83—1298, Trade Cas. (CCH) 66,355 means of communications between the points (D.D.C.1985) ("the GTE Consent Decree"). served by the MTC Interisland Cable system. FNS5. On May 30, 1992 IT & E filed with the De— 11. IT IS FURTHER ORDERED that this authoriz— partment of Justice to investigate specific activities ation is issued subject to the terms and conditions of GTE Hawaiian Telephone Company and MTC, of any license issued to the Applicant herein under both subsidiaries of GTE Corporation. Among the the act entitled "An Act relating to the landing and activities cited by IT & E is the proposed construc— operation of submarine cables in the United States" tion of the MTC Interisland Cable. (47 U.S.C. Sections 34—39), covering the subject FN6. IT & E also requests that an exhibit, filed by submarine cable, and shall become effective upon MTC on March 30, 1992, containing revenue fore— the acceptance of the aforementioned license by casts and circuit activation plans be released for MTC. public inspection. The exhibit was filed under sep— 12. This order is issued pursuant to 4.291 ar ‘ cover with a r est for confidentiality. We of the Commission‘s rules and is effi n re— di ree with IT & ; suggestion that since the lease. Petitions for reconsideration ction do mnent was filed part of MTC‘s application 1.106 or applications for review ction fo cable landing li se, it must be open for pub— 1.115 of the Rules may be filed wit ys of lic ispection pursue to Section 1.767(c) of the the public notice of this order ction C nission‘s Rules. sction 1.767(c) provides in 1.4(b)(2)). pe ‘hat "Such appli ions for licenses (including al »cuments and e bits filed with and made a FEDERAL COMMUNICATIONS C\ :ON ps hereof, with the ception of any maps show— in he exact locati« of the submarine cable or Cheryl A. Tritt ca s to be license . shall, unless otherwise or ed by the Com sion be open to public in— Chief, Common Carrier Bureau sp ion." While See 1 1.767(c) creates a general FN1. MTC is a subsidiary ofthe F Tele— pr mption of publi zailability, it is not intended phone Company (HTC) which is a :y of to persede the Cor ission‘s Rules regarding re— GTE Corporation. qt s that materials : information submitted to th ommission be chheld from public inspec— FN2. Concurrent with the filing of this application, tion. See 47 C.F.R. g u.459. Where a document is MTC filed a separate application for a cable land— submitted under a request that it not be made avail— ing license in File No. S—C—L—92—003. Action on able for public inspection, Section 0.461 of the MTC‘s application for a cable landing license was Commission‘s Rules, 47 C.F.R. § 0.461, sets forth a taken concurrently with our decision herein. procedure that a party requesting inspection of such document must follow. IT & E‘s request does not FN3. MTC does not specify the additional points it comply with this procedure. will serve on an "and beyond" basis and whether these points will be international or other U.S. FCC points. However, in its opposition to IT & E‘s peti— tion MTC indicates that the cable will not violate 8 F.C.C.R. 750, 8 FCC Red. 750, 1993 WL 756745 the GTE Consent Decree because it permits interna— (F.C.C) © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.

8 F.C.C.R. 750, 8 FCC Red. 750, 1993 WL 756745 (F.C.C.) Page 4 END OF DOCUMENT © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.


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Document Modified: 2019-04-08 16:18:46
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