Attachment DA 93–91.pdf

DA 93–91.pdf

ORDER submitted by FCC

DA 93-91

1993-02-03

This document pretains to SCL-LIC-19921015-00007 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC1992101500007_775262

8 F.C.C.R. 748, 8 FCC Rcd. 748, 1993 WL 756748 (F.C.C.) Page 1 used to provide regularly authorized services in CNMI and between CNMI and Guam and beyond. 8 F.C.C.R. 748, 8 FCC Rcd. 748, 1993 WL 756748 (F.C.C.) 3. The MTC Interisland Cable will be a high capa- city, fiber optic, lightguide submarine cable system DA 93–91 with a design capacity equivalent to 24,192 voice grade channels. The system will consist of twelve **1 IN THE MATTER OF fibers each operating at a SONET (Sychronous Op- MICRONESIAN TELECOMMUNICATIONS tical Network) rate of 622 Mbps. It will be repeater- CORPORATION less because of the relatively short distances APPLICATION FOR A LICENSE TO LAND between the cable landing sites. AND OPERATE A HIGH CAPACITY DIGITAL SUBMARINE CABLE SYSTEM EXTENDING 4. By letter dated November 25, 1992, the State De- BETWEEN THE COMMONWEALTH OF THE partment informed the Commission that it has no NORTHERN MARIANA ISLANDS AND GUAM objection to the application to land in U.S. territory and operate the MTC Interisland Cable system. In File No. S–C–L–92–003 light of the State Department's letter and the Com- Adopted: January 21, 1993; Released: February 3, mission's finding in the related Section 214 applica- 1993 tion to construct and operate the MTC Interisland Cable (File No. I–T–C–92–140), we find that a *748 CABLE LANDING LICENSE grant of a cable landing license for the MTC Inter- island Cable will serve the public interest. By the Chief, Common Carrier Bureau: 5. In light of the above considerations, the Commis- 1. The Commission has under consideration an ap- sion hereby GRANTS AND ISSUES, under the plication filed by the Micronesian Telecommunica- provisions of “An Act Relating to the Landing and tions Corporation (hereinafter MTC or Applicant) Operation of Submarine Cables in the United for a license pursuant to the provisions of an Act States”, 47 U.S.C. §§ 34–39, and pursuant to the entitled “An Act Relating to the Landing and Oper- authority delegated to this Commission under Exec- ation of Submarine Cables in the United States,” 47 utive Order 10530, dated May 10, 1954, 3 C.F.R. U.S.C. §§ 34–39, to land and operate a high capa- 1954–1958 Comp., p. 189 (1961), reprinted in 3 city digital submarine cable system, known as the U.S.C.A. § 301 at p. 1052 (1985), to the Applicant MTC Interisland Cable, in United States territory. herein a license to land and operate a high-capacity The application was placed on the Commission's fiber optic digital submarine cable having the capa- public notice. IT & E Overseas, Inc. (IT & E) filed city specified in paragraph 3, supra, between a petition to condition or deny the application in re- Saipan, Tinian, and Rota in the Commonwealth of sponse to which MTC filed an opposition. the Northern Mariana Islands (CNMI) and between Rota and Guam. This license is subject to “An Act 2. The MTC Interisland Cable will link the islands Relating to the Landing and Operation of Submar- of Saipan, Tinian and Rota, all of which are in- ine Cables in the United States”. 47 U.S.C. §§ cluded in the Commonwealth of the Northern Mari- 34–39; the Communications Act of 1934, as ana Islands (CNMI). The cable will then extend amended, 47 U.S.C. §§ 151–609; subsequent ap- between Rota and Guam. MTC notes that the MTC plicable acts; all relevant rules and regulations of Interisland Cable will supplement existing facilities the Federal Communications Commission made © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.

8 F.C.C.R. 748, 8 FCC Rcd. 748, 1993 WL 756748 (F.C.C.) Page 2 pursuant to authority vested in it; any treaties or give prior consent in writing; conventions relating to communications to which (5) This license is revocable after due notice the United States of America is or may hereafter and opportunity for hearing by the Federal become a party; any action by the Commission or Communications Commission in the event of the Congress of the United States of America res- breach or nonfulfillment of any requirements cinding, changing, modifying or amending any specified in Section 2 of “An Act Relating to rights accruing to any person hereunder; and the the Landing and Operation of *749 Submarine following conditions: Cables in the United States,” 47 U.S.C. §§ **2 (1) The location of the cable within the ter- 34–39, or for failure to comply with the terms ritorial waters of the United States of America, of the authorization; its territories and possessions, and upon the (6) The Licensee shall notify the Commission foreshore thereof, shall be in conformity with in writing of the date on which the cable is plans approved by the Secretary of the Army, placed in service; and this license shall expire and the cable shall be moved or shifted by the 25 years from that date, unless renewed or ex- Licensee at its expense upon the request of the tended upon proper applications duly filed no Secretary of the Army whenever he or she con- less than six months prior to the expiration siders such course necessary in the public in- date; and, upon expiration of the license, all terest, for reasons of national defense, or for rights granted under it shall be terminated; and the maintenance or improvement of harbors for (7) The terms and conditions upon which this navigational purposes; license is given shall be accepted by the Li- (2) The Licensee shall at all times comply with censee by filing a letter with the Secretary, any requirements of United States Government Federal Communications Commission, Wash- authorities regarding the location and conceal- ington, D.C. 20554, within 30 days of the re- ment of the cable facilities, buildings, and ap- lease of this order. paratus with a view to protecting and safe- guarding the cable from injury or destruction 6. This order is issued under Section 0.291 of the by enemies of the United States of America; Rules and is effective upon release. Petitions for re- (3) The Licensee or any persons or companies consideration under Section 1.106 or applications controlling it or controlled by it does not enjoy for review under Section 1.115 of the Rules may be and shall not acquire any right, for the purpose filed within 30 days of public notice of this order of handling traffic to or from the United States, (see Section 1.4(b)(2)). its territories or possessions, to land, connect or **3 FEDERAL COMMUNICATIONS COMMIS- operate cables or landlines, to construct or op- SION erate radio stations, or to interchange traffic, which is denied to any other United States Cheryl A. Tritt company by reason of any concession, con- tract, understanding, or working arrangement to Chief, Common Carrier Bureau which the Licensee or any persons or compan- ies controlling it or controlled by it are parties; 8 F.C.C.R. 748, 8 FCC Rcd. 748, 1993 WL 756748 (4) Neither this license, nor the rights granted (F.C.C.) herein, shall be transferred, assigned, or in any END OF DOCUMENT manner either voluntarily or involuntarily dis- posed of or disposed of indirectly by transfer of control of the Licensee to any persons, unless the Federal Communications Commission shall © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.


Document Created: 2009-11-03 15:35:22
Document Modified: 2009-11-03 15:35:22
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