Public Notice SCL00222

Actions Taken Under Cable Landing License ActSection 1.767(a) Cable Landing Licenses, Modifications, and Assignments or Transfers of Control of Interests in Cable Landing Licenses (47 C.F.R. § 1.767(a))

Action Taken Public Notice

Submarine Cable Landing

2018-08-23

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PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 18-873 Report No. SCL-00222 Thursday August 23, 2018 Actions Taken Under Cable Landing License Act Section 1.767(a) Cable Landing Licenses, Modifications, and Assignments or Transfers of Control of Interests in Cable Landing Licenses (47 C.F.R. § 1.767(a)) By the Chief, Telecommunications and Analysis Division, International Bureau: Pursuant to An Act Relating to the Landing and Operation of Submarine Cables in the United States, 47 U.S.C. §§ 34-39 (Cable Landing License Act), Executive Order No. 10530, Exec. Ord. No. 10530 reprinted as amended in 3 U.S.C. § 301, and section 1.767 of the Commission's rules, 47 C.F.R. § 1.767, the following applications ARE GRANTED. These grants of authority are taken under section 0.261 of the Commission's rules, 47 C.F.R. § 0.261. Petitions for reconsideration under section 1.106 or applications for review under section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of this public notice. These applications have been coordinated with the Department of State and other Executive Branch agencies pursuant to section 1.767(b) of the Commission's rules, 47 C.F.R. §1.767(b), and consistent with procedures established with the Department of State. See Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, Report and Order, 16 FCC Rcd 22167, 22192-93, paras. 51-52 (2001) (Submarine Cable Landing License Report and Order); Streamlined Procedures for Executive Branch Review of Submarine Cable Landing License Requests, State Department Media Note (Revised) (rel. Dec. 20, 2001) available at http://2001-2009.state.gov/r/pa/prs/ps/2001/6951.htm. This public notice serves as each cable landing licensee's Cable Landing License, or modification thereto, pursuant to the Cable Landing License Act and sections 1.767 and 1.768 of the Commission's rules. Cable landing licensees should review carefully the terms and conditions of their licenses. Failure to comply with these terms and conditions or relevant Commission rules and policies could result in fines or forfeitures. Page 1 of 2

SCL-MOD-20180803-00030 E PPC 1 Limited Modification Grant of Authority Date of Action: 08/22/2018 Request of PPC 1 Limited and PPC 1 (US) Inc. (collectively, Licensees) to modify the condition placed on the cable landing license for the PPC-1 Submarine Cable System, SCL-LIC-20080213-0001 and SCL-MOD-20090910-00027. Grant of the license was conditioned on PPC 1 Limited and PPC 1 (US) Inc., abiding by the commitments and undertakings contained in their September 4, 2008, Agreement with the Department of Homeland Security (DHS) (2008 Agreement). See SCL-LIC-20080213-00001, Actions Taken Under Cable Landing License Act, Public Notice, Report No. SCL-00075, DA 08-2082, 23 FCC Rcd 13419, 13421 (IB 2008). The license was further conditioned on PIPE Networks Limited, PPC 1 Limited, PPC (US) Inc. and TPG Telecom Limited abiding by the commitments set forth in their January 28, 2010, letter of assurances to the Assistant Secretary for Policy, DHS, and the Secretary, Federal Communications Commission ((2010 LOA). See SCL-T/C-20091230-00041, Actions Taken Under Cable Landing License Act, Public Notice, Report No. SCL-00102, DA 10-276, 25 FCC Rcd 1461, 1463 (IB 2010). Effective July 31, 2018, the Licensees' indirect parent company, TPG Telecom Limited, executed (1) an agreement terminating the 2008 Agreement (Termination Agreement) and (2) a new letter of assurances setting forth the current security commitments governing the ownership and operation of the PPC-1 Submarine Cable System and replacing the 2010 LOA. See Letter dated July 31 2018 from David Teoh, CEO, TPG Telecom, to Assistant Secretary for Border, Immigration and Trade, Office of Policy, DHS (2018 LOA). Licensees therefore request that the Commission amend the cable landing license to require compliance with the 2018 LOA rather than the 2008 Agreement and the 2010 LOA. Accordingly, we hereby modify the cable landing license for the PPC-1 Submarine Cable System, SCL-LIC-20080213-00001, to condition it on compliance by PPC 1 Limited, PPC (US) Inc. and TPG Telecom Limited with the commitments set forth in the Letter dated July 31 2018 from David Teoh, CEO, TPG Telecom, to Assistant Secretary for Border, Immigration and Trade, Office of Policy, DHS. A failure to comply and/or remain in compliance with any of these commitments and undertakings shall constitute a failure to meet a condition of the license and thus grounds for declaring the license terminated without further action on the part of the Commission. Failure to meet a condition of the authorization may also result in monetary sanctions or other enforcement action by the Commission. A copy of the Termination Agreement and 2018 LOA is publicly available and may be viewed on the FCC web-site through the International Bureau Filing System (IBFS) by searching for SCL-MOD-20180803-00030 and accessing "Attachment Menu" from the Document Viewing area. INFORMATIVE SCL-LIC-20150408-00008 GU Holdings Inc. By letter dated March 9, 2018, GU Holdings Inc. notified the Commission that the Monet Cable System was put into service on February 21, 2018. SCL-LIC-20151104-00029 Microsoft Infrastructure Group, LLC By letter dated July 31, 2018, Microsoft Infrastructure Group, LLC notified the Commission that the New Cross Pacific Cable (NCP) entered into commercial service on February 22, 2018. SCL-LIC-20160330-00011 Telxius Cable USA, Inc. By letter dated August 6, 2018, Telxius Cable America S.A., Telxius Cable USA, Inc. and Telxius Cable Puerto Rico, Inc. notified the Commission that the BRUSA Cable System entered into commercial service on July 31, 2018. SCL-LIC-20160525-00012 Telxius Cable USA, Inc. By letter dated June 20, 2018, Telxius Cable USA, Inc. and Telxius Cable Puerto Rico, Inc. Telefonica International Wholesale Services America, S.A, and Telxius Cable Colombia, S.A., notified the Commission that the MAREA Cable System entered into commercial service on March 27, 2018. SCL-LIC-20160906-00019 Hawaiki Submarine Cable USA LLC By letter dated July 24, 2018, Hawaiki Submarine Cable USA LLC notified the Commission that the Hawaiki Cable System was put into service on July 20, 2018. Page 2 of 2


Document Created: 2018-08-22 13:23:06
Document Modified: 2018-08-22 13:23:06
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