Public Notice SCL00091S

Accepted for Filing Streamlined Public Notice

Submarine Cable Landing

2009-07-31

FCC.report > IB > Public Notices > SCL00091S

Filings Included

File NumberService
SCL-T/C-20090715-00022Submarine Cable Landing
IBFS_PN_727656

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 Report No. SCL-00091S Friday July 31, 2009 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 and subject to the streamlined processing procedures set forth in section 1.767 of the Commission's rules, 47 C.F.R. § 1.767. Pursuant to the Submarine Cable Landing License Act, 47 U.S.C. §§ 34-39, and Executive Order No. 10530, reprinted as amended in 3 U.S.C. § 301, each applicant seeks: (a) the grant of a cable landing licensee; (b) the modification of a cable landing license; and/or (c) the assignment or transfer of control of an interest in a submarine cable landing license. Pursuant to its decision 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) and section 1.767 of the rules, the Commission will take action upon these applications within forty-five (45) days after release of this public notice, unless the Commission has informed the applicant in writing that the application, upon further examination, has been deemed ineligible for streamlined processing. 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. Filings relating to this application must be received within 14 days of this notice. Such filings will not necessarily result in an application being deemed ineligible for streamlined processing. 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-T/C-20090715-00022 E PC Landing Corp. Transfer of Control Current Licensee: PC Landing Corp. FROM: Pacific Crossing Limited TO: NTT Communications Corporation Application for consent to transfer control of the cable landing license for the Pacific Crossing cable system (PC-1), SCL-LIC-19980807-00010, held by PC Landing Corp., from its 100% parent, Pacific Crossing Limited (PCL), to NTT Communications Corporation (NTT Communications). The PC-1 cable system consists of four segments connecting each of its four landing stations: Ajiguara, Japan to Habour Pointe, Washington; Shima, Japan to Grover Beach, California; Ajiguara to Shima; and Habour Pointe to Grover Beach. Pursuant to a stock purchase agreement executed on May 22, 2009, NTT Communications will acquire all the issued and outstanding shares of PCL, and PCL will become a direct, wholly-owned subsidiary of NTT Communications. PCL will remain the sole shareholder of PC Landing Corp. and PC Landing Corp. will remain the cable landing licensee of the PC-1 cable system. NTT Communications, 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. The Japanese government owns 33.75 % of the issued shares of NTT, held principally through its Minister of Finance, who holds 33.71% of the issued shares of NTT. No other shareholder holds a 10% or greater equity interest in NTT. NTT Communications is a foreign carrier in Japan, which is a World Trade Organization (WTO) Member country, and agrees to accept and abide by the reporting requirements in section 1.767(l) of the Commission's rules, 47 C.F.R. §1.767(l). REMINDERS: 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 C.F.R. §§ 1.2001-1.2003. The Commission's rules applicable to submarine cable landing licenses (47 C.F.R. §§ 1.767, 1.768) are available at http://www.fcc.gov/ib/td/pf/telecomrules.html. See also http://hraunfoss.fcc.gov/edoc_public/attachmatch/DA-02-5981A1.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. By this notice, we inform the public that submarine cable landing license applications and international section 214 applications that are part of larger transactions involving multiple Commission licenses or authorizations may involve "extraordinary circumstances" as referenced in Review of Commission Consideration of Applications under the Cable Landing License Act, Report and Order, 16 FCC Rcd 22167 (2001) and Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891 (1997), paras. 327-28, Order on Reconsideration, 15 FCC Rcd 18158 (2000). Additionally, these extraordinary circumstances may result where Executive Branch agencies petition the Commission to defer decision on certain transactions pending the resolution of potential national security, law enforcement, foreign policy and trade policy issues. Accordingly, these applications may not be acted on within the 90-day review period that the Commission has established as the period of time normally required to reach a decision on non-streamlined cable landing licenses and international section 214 applications. This notice shall serve as public notice to applicants that, in these circumstances, additional time may be required for Commission review and final action. No additional formal public notice will be provided routinely with respect to specific applications in the event that the applicable review period extends beyond 90 days. Page 2 of 2


Document Created: 2009-07-30 16:15:59
Document Modified: 2009-07-30 16:15:59
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