Public Notice SCL00096S

Accepted for Filing Streamlined Public Notice

Submarine Cable Landing

2009-10-09

FCC.report > IB > Public Notices > SCL00096S

Filings Included

File NumberService
SCL-MOD-20090910-00027Submarine Cable Landing
IBFS_PN_747616

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-00096S Friday October 9, 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. SCL-MOD-20090910-00027 E PPC 1 Limited Modification PPC 1 Limited and PPC 1 (US), Inc. (collectively, Applicants) seek authority to modify the cable landing license for the PPC 1 cable system, SCL-LIC-20080213-00001, to exclude the landing station in Madang, Papua New Guinea and the PNG Spur, which connects a branching unit on the segment connecting Sydney, Australia with Piti, Guam ("Australia-Guam Trunk") to the Madang landing station. PPC 1 Limited has entered into an agreement to sell the PNG Spur to Telikom PNG Limited, which already owns the landing station in Madang. Applicants state that PPC 1 Limited and its affiliates will no longer have any ownership interest in the PNG Spur or have any ability to control or operate the PNG Spur or control traffic on the PNG Spur. They note that none of the facilities to be sold is located in the United States or its territories. PPC 1 (US), Inc., a wholly-owned subsidiary of PPC 1 Limited, will continue to own and operate the shore-end and wet-link portions in the United States, including in U.S. territorial waters, of the Australia-Guam Trunk. PIPE International (Australia) Pty. Ltd., the parent company of PPC 1 Limited, will continue to own and operate the wet-link and shore-end portions of the Australia-Guam Trunk in Australia, including in Australian territorial waters, and will own the cable station at Cromer, New South Wales. PPC 1 Limited will continue to own and operate the wet-link portions of the Australia-Guam Trunk outside the territorial waters of the United States and Australia and the branching unit on the Australia-Guam Trunk. Page 1 of 2

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: 2009-10-08 16:24:22
Document Modified: 2009-10-08 16:24:22
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