Attachment Addl Landing Point

Addl Landing Point

NOTICE

Notification of Additional Landing Point

2009-07-07

This document pretains to SCL-LIC-19990804-00012 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC1999080400012_725354

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Hibernia Atlantic U.S. LLC ) 2 License to Construct, Land, and Operate the ) REeceEsiver Hibernia Atlantic Cable System Connecting the ) s d 1 xD United States, Canada, Ireland, and the ) JUL A7 2008 United Kingdom ) Policy Divisien fig Ir crin International Bureau 47‘ 3 {UUY NOTIFICATION OF ADDITIONAL LANDING POINT Pursuant to the Act Relating to the Landing and Operation of Submarine Cables in the United States, 47 U.S.C. §§34—39 (the "Cable Landing License Act"), Executive Order 10,530, Hibernia Atlantic U.S. LLC ("Hibernia‘"), by its counsel, hereby notifies the Federal Communications Commission ("Commission") that it is adding one additional landing point to the Hibernia Atlantic Cable System in the United Kingdom. The Hibernia Atlantic Cable System is licensed by the Commission to extend between the United States, Canada, the United Kingdom and Ireland, with landing points in Boston, Massachusetts, Halifax, Nova Scotia, Dublin, Ireland, and Liverpool, United Kingdom. See FCC File No. SCL—LIC—19990804— 00012.+ While the cable system was built as authorized in its license, Hibernia has now determined that an additional landing point in Northern Ireland, which is part of the United Kingdom, is needed to meet the needs of the telecommunications industry and Northern Ireland. * On January 31, 2003, the Commission approved the assignment of the Hibernia Atlantic Cable System License, FCC File No. SCL—LIC—19990804—00012, from 360atlantic (USA) inc. to Columbia Ventures U.S. Acquisition LLC ("Columbia"). Subsequent to the assignment, Columbia changed its name to Hibernia Atlantic U.S. LLC, and the name of the cable system was changed from the 360atlantic Cable Network to the Hibernia Atlantic Cable System. A/73017135.2

Portrush, Northern Ireland Landing Point Hibernia plans to install by the end of June 2009 a branching unit (BU) from Hibernia Atlantic‘s existing northern transAtlantic cable to Portrush, Northern Ireland. The proposed beach manhole will be located at 55°11.882°N 6°39.645° W in Portrush, and the cable station will be located at 55°9°29"N 6°4034"W in Coleraine, Northern Ireland. Attached as Exhibit A is a map of the projected route and landing site. Public Interest Showing Hibernia Atlantic won a bid to deploy a historic, new cable network for the Department of Enterprise, Trade and Investment (DETI) for Northern Ireland and the Department Communications, Energy and Natural Resources (DCENR) for the Republic of Ireland as part of Project Kelvin. Project Kelvin is a joint €30 million initiative between DETI and DCENR to bring additional high—speed cable facilities to Northern Ireland. This cable spur is part of a larger Ireland infrastructure project that is important for Northern Ireland, Ireland and US companies alike, as it offers a new wealth of capacity and the ability to directly and securely connect to the United States and other countries in Hibernia‘s network. Hibernia‘s Irish network will carry bandwidth with speed and accuracy directly to North America, avoiding the common and congested routes around London and New York waterways. While the Hibernia Atlantic Cable System already connects to the United Kingdom and Ireland, the addition of this spur will improve services to these nations by adding redundancy to the network, and decreasing latency on the U.S. to Ireland link. No Prior Approval Is Required Hibernia‘s cable license specifically authorizes he Hibernia Atlantic Cable System to land in the United Kingdom. Nowhere in Hibernia‘s license, nor in the Commission‘s rules does A/T3017135.2 2

it state that prior approval is needed to add landing points in a country where the Commission has already approved the landing of a cable system. A new or modified cable license is not required either because there are no new landing points in the United States, nor any changes to the cable within U.S. territorial waters. Further, the ownership structure of the cable will not change as a result of the addition of this spur. As approvedin Hibernia‘s initial license to acquire the cable system, the part of the spur in international waters will be owned by CVC Acquisitions (CT) Corporation*, and the part of the spur in UK waters will be owned by Hibernia Atlantic UK Limited® After informal discussions between Hibernia‘s counsel and Commission staff, and out of an abundance of caution, Hibernia has voluntarily prepared this notification to keep the Commission‘s records up to date as to the exact landing locations of the Hibernia Atlantic Cable System in the United Kingdom. Therefore, this notification does not require public notice, comment, or Commission approval. Please contact the undersigned if you have any questions regarding this notification. Respectfully submitted, Andrew D. Lipman Troy F. Tanner Bingham McCutchen LLP 2020 K Street, N.W. Washington, DC 20006 Tel: (202) 373—6000 Fax: (202) 373—6001 Email: andrew.lipman@bingham.com troy.tanner@bingham.com Counsel for Hibernia Atlantic U.S. LLC Dated: June 11, 2009 * Fo Formerly known as CVC Acquisition Corporation (CI Limited. 3 Formerly known as CVC Acquisition Company (UK) Limited. A/73017135.2 3

Exhibit A Map and Landing Site Overview A/73017135.2

Hibernia Atlantic Sheet 1 of 1 Route Overview PROJECT KELVIN West Strand, Portrush to BU (Hibernia Atlantic Segment A) C~ 3 sevoo § a 3 6 — _A oo _4 © __ 8 3 88 —56%00.00N 8 8 < < \< m h 20 60 ___80 __100 km Hibernia Atl t ) x'u f /// \ NORTHERN C\ IRELAND & \ 4 ‘ s x)_c" j ": 4 k. \ «e ut 4 2° 54°00.00N g\\ m 3 54°00.00N t im> { A i H\ 4M iess : Hibernia Atlantic > Southport m 7 t m Dublin _ smm B A EIRE | ; ; ) oa, /4 \ L4 f { , hy 2 f o. [ .,.'-}l 52°00.00‘N 52°00.00N t;-. K o co o ; 7 * .,.conmmi n o 8 8 8 8 J8 8 8 s€ 3 «* $ s$ s§ 4 mal §$ 3#€ e am * Global Marine Systems Limited WGS84 Datum & Spheroid, Rhumb Line Distances Revision 0—1/23rd January 2009 Compiled By: SW

CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was served this date upon the following: Hillary Morgan Richard C. Beaird Defense Information Systems Agency Senior Deputy Coordinator Code RGC EB/CIP 701 S. Courthouse Road U.S. Department of State Arlington, VA 22204 2201 C Street, N.W. (via first class U.S. mail, postage prepaid) Washington, D.C. 20520—5818 {via first class U.S. mail, postage prepaid) David Krech Kathy Smith International Bureau Office of Chief Counsel/NTIA Federal Communications Commission U.S. Department of Commerce 445 12th Street, S.W. 14‘" Street and Constitution Ave., N.W. Washington, D.C. 20554 Washington, D.C. 20230 (via electronic mail to (via first class U.S. mail, postage prepaid) David.Krech@fco.gov) Susan O‘Connell International Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 (via electronic mail to Susan.O‘Connell@fec.gov) Troy F. Tarmer | June 11, 2009 A/73017135.2


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Document Modified: 2019-04-12 01:12:23
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