Public Notice SCL00051NS

Accepted for Filing Non-Streamlined Public Notice

Submarine Cable Landing

2007-12-26

FCC.report > IB > Public Notices > SCL00051NS

Filings Included

File NumberService
SCL-LIC-20070329-00006Submarine Cable Landing
IBFS_PN_612204

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. SCL-00051NS Wednesday December 26, 2007 NON-STREAMLINED SUBMARINE CABLE LANDING LICENSE APPLICATIONS ACCEPTED FOR FILING Unless otherwise specified, the following procedures apply to the applications listed below: The applications listed below have been found, upon initial review, to be acceptable for filing. These applications are not subject to the streamlined processing procedures set forth in Section 1.767 of the Commission’s rules, 47 C.F.R. § 1.767. Unless otherwise specified, interested parties may file comments with respect to these applications within 28 days of the date of this public notice. We request that such comments refer to the application file number shown below. Unless otherwise specified, ex parte communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission’s rules for “permit-but-disclose proceedings.” See 47 C.F.R. § 1.1206. Copies of all applications listed here are available for public inspection in the FCC Reference and Information Center, located in room CY-A257 at the Portals 2 building, 445 12th Street SW, Washington DC 20554. The center can be contacted at (202) 418-0270. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). All applications listed are subject to further consideration and review, and may be returned and/or dismissed if not found to be in accordance with the Commission’s rules, regulations, and other requirements. Page 1 of 2

SCL-LIC-20070329-00006 E FLAG Telecom Network USA Limited Submarine Cable Landing License Application filed by FLAG Telecom Network USA Limited (FLAG USA) for authority to land and operate a non-common carrier fiber-optic submarine cable network, FLAG NGN (Pacific), extending between Japan and the State of Oregon. (An amended application was filed on December 3, 2007.) The FLAG NGN (Pacific) system will initially consist of one undersea segment comprised of 4 fiber pairs, each of which will be capable of providing 64 wavelengths (2.56 terabits per second (Tbps)). The system will connect landing stations in Japan and the United States. The landing station in Japan will be in Wada, Japan. The landing station in the United States will be in either Twin Rocks, Astoria, or Bandon, Oregon. There may also be a future landing station in Morro Bay, California. Applicant will provide the specific landing points once they are determined, pursuant to section 1.767(g)(8) of the Commission's rules, 47 C.F.R. § 1.767(g)(8). FLAG USA will wholly own the U.S. cable landing station and that portion of the wet link segment of the FLAG NGN (Pacific) system that is in U.S. territorial waters. FLAG USA's affiliate, FLAG Telecom Japan Limited (FTJL), will wholly own the cable landing station in Japan and that portion of the wet link in Japanese territorial waters. FLAG Telecom Group Limited (FTGL), will wholly own and operate the portion of the wet link of the FLAG NGN (Pacific) system that is not in United States or Japanese territorial waters. (FTGL is the indirect parent of both FLAG USA and FTJL.) Applicant states that FLAG USA will have both de jure and de facto control over United States cable landing station and that portion of the wet link segment of the FLAG NGN (Pacific) system that is in U.S. territorial waters. FLAG USA proposes to operate the cable system on a non-common carrier basis. FLAG USA states that there is sufficient existing or planned facilities on the route or on alternative routes to prevent it from exercising market power in offering services. It also states that capacity will not be sold indifferently to the user public, but will be assigned pursuant to individualized decisions and tailored arrangements based on the needs of the individual capacity purchaser. FLAG USA is a direct, wholly-owned subsidiary of FLAG Telecom Ireland Network Limited, an Ireland entity, and an indirect, wholly-owned subsidiary of FLAG Telecom Group Limited, a Bermuda entity. FTGL, in turn, is an indirect, wholly-owned subsidiary of Reliance Communications Limited (RCL), an Indian entity, and RCL is ultimately controlled by Mr. Anil Ambani, a citizen of India. The 10 percent or greater indirect owners of FLAG USA are: FLAG Telecom Ireland Limited, an Ireland entity (100%), FLAG Telecom Network Services Limited, and Ireland entity (100%); FLAG Telecom Development Limited, a Bermuda entity (100%); FTGL (100%); Lagerwood Investments Limited, a Cyprus entity (20%); Reliance Communications Shareholders Trust, a Cyprus entity (20%); Reliance Infocom BV, a Netherlands entity (100%); Reliance Gateway Net Limited, an Indian entity (100%); RCL (100%); AAA Communications Private Limited, an Indian entity (100%); Reliance Innoventures Private Limited, an Indian entity (100%); Anil Ambani, (100%); and Kokilaben Ambani, a citizen of India (21.29%). No other individual or entity holds 10 percent or greater direct or indirect equity or voting interests in FLAG. FLAG Telecom Network USA Limited agrees to accept and abide by the routine conditions specified in section 1.767(g) of the Commission's rules, 47 C.F.R. § 1.767(g). REMINDER: Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/or state courts under authority granted in 21 U.S.C. § 862. See 47 C.F.R. §§ 1.2001–.2003. An updated version of Section 1.767 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html Page 2 of 2


Document Created: 2007-12-21 17:10:57
Document Modified: 2007-12-21 17:10:57
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