Attachment Columbus II Section

This document pretains to ITC-MOD-20190307-00088 for Modification on a International Telecommunications filing.

IBFS_ITCMOD2019030700088_1634705

Before the FEDERAL COMMUNICATIONS COMMISSION In the Matter of ) ) American Telephone and Telegraph ) File No. ITC-214-19921110-00127 Company, et al., ) (Old File No. ITC-93-029) ) The Columbus II Submarine Cable System ) APPLICATION FOR MODIFICATION OF SECTION 214 AUTHORITY The Columbus II Consortium, pursuant to Section 63.18(e)(3) of the Commission’s Rules, 47 C.F.R. § 63.18(e)(3), hereby requests the Commission to modify the Section 214 authority previously granted to construct and operate the Columbus II Cable System to include TA Resources N.V. (“TA Resources”) as a licensee.1 This application is submitted in connection with the concurrently filed cable landing license application to authorize the continued operation of the Columbus II Cable System after the existing landing license expires on October 1, 2019.2 TA Resources is a wholly-owned subsidiary of Servicio di Telecommunicacion di Aruba (SETAR) N.V., an applicant for the renewed cable landing license for Columbus II, and seeks Section 63.18(e)(3) authority to own and operate this common carrier facility. 1 The Columbus II Cable System commenced operation as a common carrier cable on October 1, 1994, pursuant to the cable landing license and section 214 authorization granted on July 13, 1993. See American Telephone & Telegraph Company, et al., 8 FCC. Rcd. 5038 (1993) (Cable Landing License) & id., 8 FCC Rcd. 5263 (1993) (Section 214 authorization). The international segments of Columbus II were retired in June 2009. See Public Notice, Actions Taken Under the Cable Landing License Act, 24 FCC Rcd. 7051 (2009). Since that time, only the domestic segment of Columbus II, linking the U.S. Mainland and St. Thomas in the U.S. Virgin Islands, has continued in operation. Id. 2 See The Columbus II Submarine Cable System Operating between the United States Mainland and St. Thomas in the U.S. Virgin Islands, File No. SCL-LIC-19921110-00004, filed March 6, 2019.

The continued operation of the Columbus II Cable System will serve customers in the United States by providing bandwidth capacity for broadband traffic between the U.S. ainland and the U.S. Virgin Islands with connections to international routes serving the Caribbean and Central and South America. As stated in the application for the renewed cable landing license, the continued operation of this cable is overwhelmingly in the public interest by continuing to help meet the demand for voice, data and Internet traffic, provide important facilities-based competition, and enhance service quality, increase resiliency, and decrease latency on the above routes. The same reasons support the grant of this application. Information requested by 47 C.F.R. § 63.18. The information requested by 47 C.F.R. § 63.18 of the Commission's rules for the applicant can be found in the attached appendix: APPENDIX A: TA Resources N.V. U.S. Departments of State, Commerce, and Defense. A complete copy of this application has been sent to the U.S. Departments of State, Commerce, and Defense. Such service is certified in the certificate of service attached to this application. For the reasons stated above, the Columbus II Consortium respectfully requests that the Commission grant this application to modify the Section 214 authority previously granted to construct and operate the Columbus II Cable System to include TA Resources N.V. as a licensee. Respectfully submitted, Of Counsel: James Talbot Mark D. Schneider AVP - Senior Legal Counsel Sidley Austin LLP AT&T Services, Inc. 150I K Street, NW 1120 20'" Street, N.W. Washington, DC 20005 Suite 1000 (202) 736-8058 Washington, D.C. 20036 mschneider@sidley.com (202) 457-3048 jjtalbot@att.com Dated: March 6, 2019 2

APPENDIX A – TA RESOURCES N.V. TA Resources N.V. (“TA Resources”) is a wholly-owned subsidiary of Servicio di Telecomunicacion di Aruba (SETAR) N.V. (“SETAR”), the incumbent local exchange carrier in Aruba. In turn, SETAR is wholly-owned by the Government of Aruba and overseen by the Ministry of Telecommunications. TA Resources and SETAR provide a wide array of facilities- based wireline and wireless telecommunications services to end-users in Aruba, including residential and business customers. INFORMATION REQUIRED BY 47 C.F.R. § 63.18, 47 C.F.R. § 63.18 (1) Information requested by Section 63.10(a): The name, address and telephone number of the applicant: TA Resources N.V. Seroe Blanco 29-A Oranjestad, Aruba Tel: +297 (525) 1000 (2) Information requested by Section 63.10(a): The Government, State, or Territory under the laws of which each corporate or partnership applicant is organized: TA Resources is organized under the laws of Aruba. (3) Information requested by Section 63.10(a): The name, title, post office address, and telephone number of the officer and any other contact point, such as legal counsel, to whom correspondence concerning the application is to be addressed: Alvin Boekhoudt Legal Counselor TA Resources N.V.

Seroe Blanco 29-A Oranjestad, Aruba Tel: +297 (525) 1405 alvin.boekhoudt@setar.aw With a copy to: Ulises Pin Patricia Cave Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, D.C. 20004 Tel: (202) 739-3000 Fax: (202) 739-3001 ulises.pin@morganlewis.com patricia.cave@morganlewis.com (4) Information requested by Section 63.18(e)(3) A statement as to whether the applicant has previously received authority under Section 214 of the Act and, if so, a general description of the categories of facilities and services authorized: TA Resources holds international Section 214 authority to provide global facilities-based and resale services, including services between the U.S. and Aruba. See TA Resources N.V., 26 FCC Rcd. 15978 (2011). (5) Certification and Information requested by Section 63.18(e)(3) A description of the facilities for which the applicant seeks authorization: TA Resources requests Section 214 authority to construct, own, and operate capacity in the Americas I Cable System and to exercise all other authority granted to the Joint Applicants in American Telephone and Telegraph Co. et al., 8 FCC Rcd. 5287 (1993), and subsequent orders. TA Resources certifies pursuant to Section 63.18(e)(3), 47 C.F.R. § 63.18(e)(3), that it will comply with the terms and conditions contained in Sections 63.21 and 63.22 of the Commission’s rules, 47 C.F.R. §§ 63.21 & 63.22. 2

(6) Information Requested by Section 63.18(h) Each person or entity that directly or indirectly owns 10% or more of the equity of the applicant: Name Address Citizenship Principal Business Percentage of or Country Equity Held Servicio di Seroe Blanco 29-A Aruba Telecommunications 100% Telecomunicacion Oranjestad, Aruba di Aruba (SETAR) N.V. Government of Smith Boulevard Kingdom Government 100% of Aruba 72 of the SETAR Oranjestad, Aruba Netherlands Except as stated above, no other person or entity holds a 10% or greater ownership or voting interest in TA Resources. Interlocking directorates: Z. Roland Croes, a Director of TA Resources, is also a Director of Servicio di Telecomunicacion di Aruba (SETAR) N.V., which is authorized to provide telecommunications services to the public in Aruba. (7) Certification Requested by Section 63.18(i) TA Resources certifies pursuant to Section 63.18(i), 47 C.F.R. § 63.18(i), that it is affiliated with Servicio di Telecomunicacion di Aruba (SETAR) N.V., which is authorized to provide telecommunications services to the public in Aruba. (8) Certification Requested by Section 63.18(j) Based on its understanding that the certification requested by 47 C.F.R. Sect. § 63.18(j) refers only to applications to land or operate a submarine cable connecting the United States to a foreign country, and because this application seeks to renew the cable landing license for a cable connecting only U.S. points, TA Resources certifies that it does not seek to land or operate a submarine cable connecting the United States to any country for which any of the statements 3

listed in 47 C.F.R. § 63.18(j) (1)-(4) is true. If TA Resources is mistaken in its understanding of the scope of this certification, it will amend this certification to any extent that may be necessary to reflect that different scope. (9) Certification requested in Section 63.18(n) TA Resources certifies pursuant to Section 63.18(n), 47 C.F.R. § 63.18(n), 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 market power on the foreign end of the route and will not enter into such agreements in the future. (10) Certification requested by Section 63.18(o) TA Resources certifies pursuant to sections 1.2001 through 1.2003 of the Commission’s rules, 47 C.F.R. §§ 1.2001-1.2003, that it is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. 4

CERTIFICATION I am authorized to enter this certification on behalf of Servicio di Telecomunicacion di Aruba (SETAR) N.V. All of the information contained in this application and Appendix A is true and correct to the best of my knowledge and belief. Dated: March 06, 2019 z. ervic' o di Te comunicacion di Aruba SETA ) N.V. Seroe Bl�c- 29-A Oranjestad, Aruba Tel: +297 (525) 1000 roland. roes@setar.aw 4

CERTIFICATE OF SERVICE I hereby certify that the foregoing application and attachments were served on the following by first—class mail on March 6, 2019: U.S. Coordinator, EB/CIP U.S. Department of State 2201 C Street, NW Washington, DC 20520—5818 Office of Chief Counsel/NTIA U.S. Department of Commerce 14th St., NW and Constitution Ave., NW Washington, DC 20230 Defense Information Systems Agency ATTN: GC/DOI 6910 Cooper Avenue Fort Meade, MD 20755—7088 [/J W (Q/ Gabrielle Whitehall


Document Created: 2019-03-06 15:51:43
Document Modified: 2019-03-06 15:51:43
© 2025 FCC.report
This site is not affiliated with or endorsed by the FCC