Attachment DA 93-1274.pdf

DA 93-1274.pdf

ORDER submitted by FCC

DA 93-1274

1993-10-26

This document pretains to SCL-LIC-19921015-00008 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC1992101500008_859724

8 FCC Red No.22 Federal Communications Commission Record DA 93-1274 trum allocated by the Commission, using present or Before the anticipated technology. The applicant states that the HTC Federal Communications Commission Interisland Cable will enable it to respond to increased Washington, D.C. 20554 demand and will increase service reliability by adding a diverse route via a digital facility. HTC further notes that service reliability will be increased because fiber optic sys- In the Matter of tems are inherently immune to adverse atmospheric con- ditions which may interfere with present interisland radio GTE HAWAIIAN File No. S-C-L-93-003 communications. 4. By letter dated October 5, 1993, the State Department TELEPHONE informed the Commission that it has no objection to the COMPANY application to land and operate the HTC lnterisland Cable system.' Upon consideration of the factors set forth in the Application for a license to Land subject application and in view of the State Department's and Operate a High Capacity October 5, 1993 letter, we find that a grant of a cable Digital Submarine Cable System landing license for the HTC Interisland Cable will serve wholly within the State of Hawaii, the public interest. linking the islands of Kauai, 5. Based on the information provided by the Applicant, we conclude that a grant of the requested authorization Oahu, Maui and Hawaii will not have a significant effect on the environment as defined by Section 1.1307 of the Commission's Rules and Regulations implementing the National Environmental CABLE LANDING LICENSE Policy Act of 1969, 42 U.S.C. §4321-4335 (1976). Con- sequently, HTC is not required to submit an environmental Adopted: October 19, 1993; Released: October 26, 1993 assessment with the subject application under Section 1.3 11 of the Commission's Rules. By the Acting Chief, Common Carrier Bureau: 6. In light of the above considerations, the Commission hereby GRANTS AND ISSUES, under the provisions of 1. GTE Hawaiian Telephone Company (HTC or Ap- "An Act Relating to the Landing and Operation of Subma- plicant) has applied for a license pursuant to the provisions rine Cables in the United States," 47 U.S.C. § 34-39, and of an "An Act Relating to the Landing and Operation of pursuant to the authority delegated to this Commission Submarine Cables in the United States," 47 U.S.C. §34-39. under Executive Order 10530, dated May 10, 1954, 3 HTC seeks authority to land and operate a high capacity C.F.R. 1954-1958, Comp., p. 189 (1961), reprinted in 3 digital submarine cable system, known as the HTC U.S.C.A. § 301 at p. 1052 (1985), to the Applicant herein a Interisland Cable, between and among islands in the State license to land and operate a high-capacity fiber optic of Hawaii. The application was placed on public notice on digital submarine cable having the •capacity specified in November 25, 1992. No comments were received in re- paragraph 2, supra, between the Islands of Hawaii, Maui, sponse to the application. Oahu and Kauai. This license is subject to "An Act Relat- 2. The HTC Interisland Cable will be located wholly ing to the Landing and Operation of Submarine Cables in within the State of Hawaii, linking the islands of Kauai, the United States," 47 U.S.C. § 34-39; the Communica- Oahu, Maui and Hawaii. The HTC Interisland Cable will tions Act of 1934, as amended, 47 U.S.C. § 151-609; be a high capacity, fiber optic, lightguide submarine cable subsequent applicable acts; all relevant rules and regula- system with a design capacity equivalent to 24,192 digital tions of the Federal Communications Commission; any channels of 64 kilobits per second each. The HTC treaties or conventions relating to communications to Interisland Cable will be repeaterless. which the United States of America is or may hereafter 3. The HTC Interisland Cable will be used to provide become a party; any actions by the Commission or the HTC's authorized communication services between the Congress of the United States of America rescinding, four most populated islands in the State of Hawaii. Traffic changing, modifying or amending any rights accruing to between the islands is currently being carried on micro- any person hereunder; and the following conditions: wave radio systems which ETC states are reaching their capacity and cannot meet projected customer demand. (1) The location of the cable within the territorial Upon completion of the HTC Interisland Cable. HTC states waters of the United States of America, its territories that existing traffic will be transferred to the fiber optic and possessions, and upon the foreshOre thereof, shall cable system from the existing microwave system, which be in conformity with plans approved by the Sec- will be retained for route diversity and back-up. According retary o the Army, and the cable shall be moved or to the Applicant, there has been a dramatic increase in shifted by the Licensee at its expense upon the re- telephone subscribers in the State of Hawaii. In addition, quest of the Secretary of the Army whenever he or anticipated near-term demand for high bandwidth video she considers such course necessary in the public and data communication service to Maui and Hawaii can- not effectively be met with the existing microwave spec- The State Department's letter stated that the correspondence to the Commission had been coordinated with the National Telecommunications and Information Administration and with the Defense Information Systems Agency. 7605

93- 1274 Federal Communications Commission Record s FCC Red N. 22 Interest, for reasons of national defense, or for the FEDERAL COMMUNICATIONS COMMISSION maintenance or improvement of harbors for naviga- tional purposes; (2) The Licensee shall at all times comply with any requirements of United States Government authorities regarding the location and concealment of Kathleen B. Levitz the cable facilities, buildings, and apparatus with a Acting Chief, Common Carrier Bureau view to protecting and safeguarding the cable from injury or destruction by enemies of the United States of America; (3) The Licensee or any persons or companies con- trolling it or controlled by it does not enjoy and. shall not acquire any right, for the purpose of handling traffic to or from the United States, its territories or possessions, to land, connect or operate cables or landlines, to construct or operate radio stations, or to interchange traffic, which is denied to any other United States company by reason of any concession, contract, understanding, or working arrangement to which the Licensee or any persons or companies controlling it or controlled by it are parties; (4) Neither this license, nor the rights granted herein, shall be transferred, assigned, or in any manner ei- ther voluntarily or involuntarily disposed of or disposed of indirectly by transfer of control of the Licensee to any persons, unless the Federal Commu- nications Commission shall give prior consent in writing; (5) This license is revocable after due notice and opportunity for hearing by the Federal Communica- tions Commission in the event of breach or nonfulfillment of any requirements specified in Sec- tiOn 2 of "An Act Relating to the Landing and op- eration of Submarine Cables in the United States," 47 U.S.C. § 34-39, or for failure to comply with the terms of the authorization; (6) The Licensee shall notify the Commission in writing of the date on which the cable is placed in service; and this license shall expire 25 years from that date, unless renewed or extended upon proper applications duly filed no less than six months prior to the expiration date; and, upon expiration of the license, all rights granted under it shall be termi- nated; and (7) The terms and conditions upon which this license is given shall be accepted by the Licensee by filing a letter with the Secretary, Federal Communications Commission, Washington, D.C. 20554, within 30 days of the release of this order. 7. IT IS FURTHER ORDERED THAT any use of the HTC Interisland Cable for international communications will require a new Section 214 application. 8. This order is issued under Section 0.291 of the Com- mission's Rules, 47 C.F.R. § 0.291. and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Com- mission's Rules, 47 C.F.R. § 1.106. 1.115, may be filed within 30 days of public notice of this order (see Section l.4(b)(2)). 7606


Document Created: 2011-01-05 11:38:56
Document Modified: 2011-01-05 11:38:56
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