Public Notice SCL00086

Action Taken Public Notice

Submarine Cable Landing

2009-06-05

FCC.report > IB > Public Notices > SCL00086

6 Filings Included [expand]

IBFS_PN_712913

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 DA No. 09-1130 Report No. SCL-00086 Friday June 5, 2009 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, Policy 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. 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. The Commission most recently amended its rules applicable to submarine cable landing licenses in Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, FCC 01-332, 16 FCC Rcd 22167 (2001), 67 Fed. Reg. 1615 (Jan. 14, 2002). An updated version of sections 1.767 and 1.768 of the rules is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. See also http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-598A1.pdf for a March 13, 2002 Public Notice; http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-332A1.pdf for the December 14, 2001 Report and Order. Page 1 of 3

SCL-MOD-20080714-00012 P MCI International, Inc. Modification Grant of Authority Date of Action: 06/04/2009 Acceptability for Filing Public Notice: The Application was placed on Public Notice on September 24, 2008. See MCI International, Inc. Application to modify the cable landing license for the Trans-Pacific Express Cable Network (TPE), SCL-LIC-20070222-00002, SCL-MOD-20080321-00003, to add NTT Communications Corporation as a licensee, to extend the TPE cable to Japan, and to add a landing station at Shinmaruyama, Japan, File No. SCL-MOD-20080714-00012, Non-Streamlined Submarine Cable Landing License Application Accepted for Filing Public Notice, Report No. SCL-00072NS (PD/IB, September 24, 2008). No oppositions or other comments were filed in response to the Public Notice. The Application has been coordinated with the Department of State and other relevant 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://www.state.gov/r/pa/prs/ps/2001/6951.htm. The Department of Justice, the Department of Homeland Security and the Department of Defense filed a Petition to Adopt Conditions to Authorizations and Licenses on May 11, 2009. Actions Taken: Grant of modification of the Cable Landing License for the Trans-Pacific Express Cable Network, SCL-LIC-20070222-00002, SCL-MOD-20080321-00003, to add NTT Communications Corporation as a licensee, to extend the TPE cable to Japan, and to add a landing station at Shinmaruyama, Japan. Licensee Information: NTT Communications Corporation will acquire a 13.11% interest in the international waters segments of the TPE cable, and become a member of the TPE Consortium along with MCI International, Inc., China Telecommunications Corporation, China United Telecommunications Corporation, Chunghwa Telecom Co. Ltd., KT Corporation, and AT&T Corp. The ownership in the international waters segments of the other TPE consortium members will be reduced from 15.09% to 13.11%, except that AT&T Corp. will hold an 8.20% interest and China United Telecommunications Corporation will hold a 26.22% interest. The addition of NTT Communications Corporation as a licensee/owner will not affect ownership in any of the existing landing stations or portions of the cable that connect the landing stations to international waters. NTT Communications Corporation will own and operate the landing station at Shinmaruyama, Japan, which will be added to the intra-Asian ring formed by currently operational cable landing stations in China, Taiwan and Korea, via an additional branching unit. NTT Communications Corporation, a corporation organized under the laws of Japan, is a direct, wholly-owned subsidiary of Nippon Telegraph and Telephone Corporation ("NTT"), a Japanese holding company. As of September 30, 2007, the Japanese Minister of Finance held 33.72% of issued shares in NTT. No other shareholder holds 10 percent or greater equity interest of NTT. NTT Communications Corporation is affiliated with carriers in three of the TPE destination markets - China, Korea and Taiwan. Cable Design and Capacity: The TPE Network will directly link mainland China, South Korea, Taiwan, Japan and the United States. See File No. SCL-LIC-20070222-00002, 23 FCC Rcd 227 (PD/IB 2008) for the original cable design and capacity. This modification will add a cable landing station at Shinmaruyama, Japan and a link from the TPE cable system to that landing station via a branching unit on the intra-Asia ring portion on the TPE cable system. Regulatory Status of Cable: The TPE Network is operated on a non-common carrier basis. See File No. SCL-LIC-20070222-00002, 23 FCC Rcd 227 (PD/IB 2008). Conditions and Requirements: NTT Communications Corporation shall comply with the routine conditions set out in section 1.767(g)(1)-(14) of the Commission's rules, 47 C.F.R. § 1.767(g)(1)-(14), and with the requirements of section 1.768 of the Commission's rules, 47 C.F.R. § 1.768 (notifications and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier). NTT Communications Corporation shall abide by the reporting requirements set out in section 1.767(l) of the Commission's rules, 47 C.F.R. § 1.767(l), for the U.S-Japan route. We grant the Petition to Adopt Conditions to Authorizations and Licenses (Petition) filed in this proceeding on May 11, 2009 by the Department of Justice, the Department of Homeland Security and the Department of Defense (collectively, the "Executive Branch Agencies"). Accordingly, we condition the grant of this application on the compliance by Verizon Business Global LLC and its affiliates and subsidiaries, including MCI International, Inc., with the commitments and undertakings contained in the Agreement dated December 20, 2007 ("Agreement") and amended as of May 11, 2009 ("Amendment") between Verizon Business Global LLC and the Executive Branch Agencies. A copy of the December 20, 2007 Agreement, and the May 11, 2009 Amendment is publicly available and may be viewed on the FCC website through the International Bureau Filing System (IBFS) by searching for SCL-MOD-20080714-00012 and accessing "Other filings related to this application" from the Document Viewing area. INFORMATIVE SCL-LIC-19921110-00002 AT&T Corp. By letter filed April 30, 2009, Applicant notified the Commission that the non-U.S. sections of the Americas-I submarine cable system will be retired from service effective June 30, 2009. The only operational sections of the Americas-I cable after June 30, 2009 will be the cable stations at Vero Beach, FL and Magens Bay, VI and the submarine cable linking those two stations (Segments N, T1 & T2). (Old File No. SCL-93-002) SCL-LIC-19921110-00004 TELEFONICA LARGA DISTANCIA DE PUERTO RICO INC. Page 2 of 3

INFORMATIVE By letter filed April 30, 2009, Applicant notified the Commission that the non-U.S. sections of the Columbus-II submarine cable system will be retired from service effective June 30, 2009. The only operational sections of the Columbus-II cable after June 30, 2009 will be the cable stations at West Palm, FL and Magens Bay, VI and the submarine cable linking those two stations (Segments B, T2 & T3). (Old File No. SCL-93-001) SCL-LIC-19921210-00003 AT&T By letter filed August 28, 2008, Applicant notified the Commission that the TAT-12/TAT-13 submarine cable system would be retired from service on December 31, 2008. SCL-LIC-20070621-00009 Telstra Incorporated By letter filed April 30, 2009, Applicant notified the Commission that its submarine cable system between Sydney, Australia and Hawaii is officially named "Endeavour". SCL-LIC-20071025-00018 ACS Cable Systems, Inc. By letter filed June 3, 2009, Applicant notified the Commission that its submarine cable system between Alaska and Oregon is officially named "AKORN". They also advised the Commission that the in-service date for the AKORN cable system was April 1, 2009. Page 3 of 3


Document Created: 2009-06-04 17:41:10
Document Modified: 2009-06-04 17:41:10
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