Attachment Modification

This document pretains to SCL-MOD-20080714-00012 for Modification on a Submarine Cable Landing filing.

IBFS_SCLMOD2008071400012_653973

Stamp and Return 1776 K STREET NW Colleen King WASHINGTON, DC 20006 July 14, 2008 202.719.7307 PHONE —202.719.7000 cking@wileyrein.com FAX 202.719.7049 7925 JONES BRANCH DRIVE McLEAN, VA 22102 VIA HAND DELIVERY PHONE 703.905.2800 FAX 703.905.2820 Marlene H. Dortch E?LEE};@{J §?§§{§ Secretary JUL 1 4 2008 Federal Communications Commission Federal Communieations n www.wileyrein.com 445 12th Street, SW OfficoftheSecrarayy"> Washington, D.C. 20554 Dear Ms. Dortch: Attached please find an application to modify the Trans—Pacific Express Cable Network. If you have any questions, please contact Nancy J. Victory (202—719— 7344 or nvictory@wileyrein.com) or the undersigned. Sincerely, [»bla /5 Colleen King

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Trans—Pacific Express Cable Network Consortium File No. SCL—MOD—2008— Application to Modify the Trans—Pacific Express Cable Network APPLICATION TO MODIFY THE TRANS—PACIFIC EXPRESS CABLE NETWORK The Trans—Pacific Express Cable Network ("TPE") Consortium,‘ pursuant to Section 1.767 of the rules of the Federal Communications Commission ("Commission" or "FCC"), 47 C.FR. § 1.767, hereby seeks to modify the authorization to construct, land, and operate the Trans—Pacific Express Cable Network. Specifically, the TPE Consortium seeks to add NTT Communications Corporation ("NTT Com") as a licensee on the TPE cable and to extend the TPE cable to add a landing station in Shinmaruyama, Japan. MCI International, Inc. ("Verizon"), a member of the TPE Consortium, requests that the FCC condition the grant of this modification application on the continued compliance of Verizon with the commitments and undertakings contained in its December 20, 2007 Agreement with the Executive Branch Agencies." 1 The TPE Consortium is composed of the original six parties to the Trans—P acific Express Cable Network Construction and Maintenance Agreement. 2 See Actions Taken Under Cable Landing License Act, Report No. SCL—00052, DA No. 08—66, File No. SCL—L1IC—20070222—00002 at 3 (granted Jan. 10, 2008) ("TPE Public Notice").

1. REQUEST FOR MODIFICATION On February 20, 2007, the TPE Consortium applied for a license to construct, land, and operate the TPE cable." This authorization was granted on January 10, 2008.* As explained in the TPE Application, each of the six original TPE Consortium parties owns a 16.666666% interest in all international waters segments of the cable network. The individual parties own and control each landing station and the portion of the cable that connects that landing station to the responsible for operating the landing terminal equipment for the cable in the respective home service territories: Verizon — Nedonna Beach/Hillsboro landing station; China Netcom — Qingdao landing station; China Telecom — Chongming landing station; Chunghwa Telecom — Tanshui landing station; and, KT — Keoje landing station.© On March 21, 2008, the TPE Consortium filed an application to add AT&T Corp. ("ATTC") as a licensee on the TPE cable.‘ Under this modification, and with the FCC‘s approval, ATTC will join the TPE Consortium and acquire a 9.43% interest in the international 3 Trans—Pacific Express Cable Network Consortium, Application for a License to Construct, Land and Operate an Undersea Optical Cable System Linking Mainland China, South Korea, Taiwan and the United States, File No. SCL—LIC—20070222—00002 (filed Feb. 20, 2007) ("TPE Application"). 4 TPE Public Notice. 5 See TPE Application at 11—12. WCI Cable Inc. ("WCIC") owns and operates the cable landing station at Nedonna Beach and will provide certain services to Verizon in support of the TPE Network operations. The FCC granted Verizon a waiver of section 1.767(h)(1) and did not require WCIC to be on this Cable Landing License because WCIC will not have the ability to affect the operation of the TPE Network. See TPE Public Notice at 3. 6 TPE Public Notice at 2. 7 See Trans—Pacific Express Cable Network Consortium, Application to Modify the Trans— Pacific Express Cable Network, File No. SCL—MOD—20080321—00003 (filed Mar. 21, 2008). This modification application was placed on public notice on April 11, 2008. See Public Notice, Streamlined Submarine Cable Landing License Applications Accepted for Filing, Report No. SCL—000608, File No. SCL—MOD—20080321—00003 (Apr. 11, 2008).

waters segments of the TPE cable. The ownership of all other parties in the international waters segments will be reduced from 16.66% to 15.09%. This application seeks FCC approval to add NTT Com as an additional licensee of the TPE cable and to extend the cable to add a landing station in Shinmaruyama, Japan. On March 14, 2008, the TPE Consortium entered into an agreement with NTT Com. Under this agreement, and with the Commission‘s approval, NTT Com will join the TPE Consortium and acquire a 13.11% interest in the international waters segments of the TPE cable. With the addition of NTT Com, all parties except for ATTC will hold a 13.11% interest in the international waters segments, and ATTC will hold a 8.20% interest in the international waters segment of the cable. The addition of NTT Com as a licensee/owner will not affect ownership in any of the existing landing stations. This application also seeks to add a landing station for the TPE cable in Shinmaruyama, Japan. As described in the TPE Application, currently operational cable landing stations in Qingdao, China; Chongming, China; Tanshui, Taiwan; and Keoje, South Korea are connected via branching units ("BU") to form an intra—Asian ring." The Shinmaruyama landing station, which will be operated by NTT Com, will be added to this intra—Asian ring via an additional BU. Other than the addition of NTT Com as a licensee and the addition of the cable landing station in Shinmaruyama, Japan, this application does not seek to modify any portion of the TPE cable license. Grant of this application to modify the license for the TPE cable to add NTT Com as a licensee and to add a landing station in Japan will serve the public interest. Grant of the application will enable NTT Com to become a part of the TPE Consortium and to bring 8 See TPE Application at 2.

additional experience, expertise and financial resources that will further ensure the successful construction and operation of the cable. Moreover, the addition of a landing station in Shinmaruyama, Japan to the TPE cable‘s configuration will enable the TPE cable to provide an alternate cable route to Japan and will expand the ability of consumers to reach an additional point of communication. Finally, the proposed modification will not consolidate any market served by the TPE cable nor distort competition in any U.S. market. IL. INFORMATION REQUIRED BY 47 C.F.R. § 1.767 The information requested by Sections 1.767(a)(1)—(3) and (8)—(9) of the Commission‘s rules, 47 CF.R. § 1.767(a)(1)—(3) and (8)—(9), for NTT Com can be found in the attached Appendix A. The information requested by Section 1.767(a)(5) of the Commission‘s rules, 47 C.F.R. § 1.767(a)(5), regarding the cable landing station in Shinmaruyama, Japan can be found in the attached Appendix B. III. REQUEST FOR STREAMLINED PROCESSING This application is eligible for streamlined processing under Section 1.767(k) of the Commission‘s rules. 47 C.F.R. § 1.767(k). The demonstration that this application meets the eligibility requirements for streamlining is included in the attached Appendix A.

IV. CONCLUSION The TPE Consortium respectfully requests that the Commission grant this modification application. Respectfully submitted, MCJ International, Inc. ("Verizon"), on behalf of the TPE Consortium" By:eelcr _/ A‘nmahlir, Leslie V. Owsley VERIZON 1515 North Court House Road Suite 500 Arlington, VA 22201—2909 Tel: (703) 351—3158 Fax: (703) 351—3662 July /4, 2008 ° Section 1.767(m)(1) of the Commission‘s rules permits joint applicants or licensees to appoint one party to act as proxy to sign applications to modify a license. 47 C.F.R. § 1.767(m)(1).

APPENDIX A NTT Communications Corporation ("NTT Com") is a telecommunications and information service provider in Japan. NTT Com provides diverse high—quality IP, Web—based, and managed network solutions combining network management, security, Web portals/engines, and global services. The Commission previously approved the transfer of control of NTT America, Inc. to NTT Com.‘ INFORMATION REQUIRED BY 47 C.E.R. § 1.767(a) (1) Name, Address and Telephone Number of the Applicant NTT Communications Corporation 1—1—6 Uchisaiwai—cho, Chiyoda—ku Tokyo 100—8019, Japan Tel: 81—3—3500—8111 (2) Place of Formation NTT Com is incorporated under the laws of Japan. (3) Correspondence concerning the application should be sent to the following: Yoshio Sato Senior Manager, Global Network Solution Network Business Division NTT Hibiya Building 6F 1—1—6 Uchisaiwai—cho Chiyoda—ku Tokyo 100—8019, Japan Tel: +81—3—6700—7550 Fax: +81—3—5157—0658 Email: yoshi.sato@ntt.com (4) Certification and Ownership Information Requested by Sections 63.18(h)—(k) and (0) of the Commission‘s Rules Information requested by Section 63.18(h); NTT Com is a direct, wholly—owned subsidiary of Nippon Telegraph and Telephone Corporation ("NTT"). NTT‘s address is 3—1, Otemachi 2—chome, Chiyoda—ku, Tokyo 100—8116, Japan and it is incorporated under the laws of Japan. NTT is a holding company that owns operating subsidiaries that provide a range of communications services, and is the research and development body for the entire NTT group. As of September 30, 2007, the Japanese Minister of Finance held 33.72% of issued shares in NTT. The address for the Japanese Minister of ‘ See Public Notice, International Authorizations Granted, Report No. TEL—01034, DA 06—1235, File No. ITC—T/C—20060320—00163 (June 8, 2006). Page 1 of 4

Finance is 3—1—1 Kasumigaseki Chiyoda—ku, Tokyo 100—8940 Japan. No other shareholder holds 10 percent or more of the equity of NTT. Mr. Osamu Inoue and Mr. Jun Sawada are members of the Board of Directors of both NTT Com and NTT America, Inc. Information requested by Section 63.18(i): NTT Com is a foreign carrier in Japan and has affiliations with the following foreign carriers: Name of the Affiliated Carrier Locations in which carrier is authorized to provide telecommunications services to the public: NTT Com Asia Ltd. China NTT Com Asia Network Systems China (Guangzhou) Company Limited HKNet Company Ltd. China HKNet Wireless Co. Ltd. China NTT Taiwan Ltd. Taiwan NTT Korea Co., Ltd. Korea Information requested by Section 63.18(§): NTT Com seeks to provide service in Japan, where the company is a foreign carrier and is affiliated with foreign carriers. NTT Com also seeks to provide service in mainland China, Korea and Taiwan, where NTT Com is affiliated with the following foreign carriers: Name of Affiliated Carrier Location Ownership by | NTT Com NTT Com Asia Ltd. China Wholly owned NTT Com Asia Network Systems (Guangzhou) China Wholly owned Company Limited (indirect) HKNet Company Ltd. China Wholly owned HKNet Wireless Co. Ltd. China Wholly owned (indirect) NTT Taiwan Ltd. Taiwan Wholly owned NTT Korea Co., Ltd. Korea Wholly owned Page 2 of 4

Information requested by Section 63.18(k): Mainland China, Japan, Korea and Taiwan are all members of the WTO. Information requested by Section 63.18(0): NTT Com certifies pursuant to sections 1.2001 through 1.2003 of the Commission‘s rules that it is not subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988. (5) Routine Conditions Specified in Section 1.767(g) of the Commission‘s Rules, 47 C.F.R. § 1.767(g). ‘ NTT Com certifies that it accepts and willabide by the routine conditions specified in Section 1.767(g) of the Commission‘s rules, 47 C.F.R. § 1.767(g). ELJIGIBILITY FOR STREAMLINED PROCESSING — 47 C.E.R. § 1.767(k) NTT Com hereby certifies that it is a foreign carrier in Japan, which is a member of the WTO, and that it agrees to accept and abide by the reporting requirements contained in Section 1.767(1) of the Commission‘s rules, 47 C.F.R. § 1.767(1). Page 3 of 4

Certification I am authorized to enter this certification on behalf of NTT Com. All of the information contained in this application is true and correct to the best of my knowledge and belief. Yoshimasa Tokui Senior Executive Manager and Member of the Board Network Business Division 1—1—6 Uchisaiwai—cho Chiyoda—ku, Tokyo 100—8019 Japan Tel: 81—3—6700—7000 For and on behalf of NTT Communications Corporation Dated: July /;, 2008 Page 4 of 4

APPENDIX B The Shinmaruyama, Japan landing station will be operated by NTT Com. Location of the Shinmaruyama landing station: 2698 Shirako aza Kawauchi, Minamibousou—shi, Chiba Pref. 299—2521 35° 00.200‘ N 139° 58.320‘E Beach Manholes: Beach Manhole South 35° 00.324‘ N 139° 58.494‘E Beach Manhole North 35° 00.768‘ N 139° 58.780° E

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CERTIFICATE OF SERVICE I, Pam Conley, do hereby certify that on July 14, 2008, I served a copy of the Application to Modify the Trans—Pacific Express Cable Network upon the following parties by U.S. first—class mail, postage pre—paid: Ambassador David Gross Kathy Smith U.S. Coordinator Office of Chief Counsel/NTIA EB/CIP U.S. Department of Commerce U.S. Department of State 14"" Street and Constitution Ave., N.W. 2201 C Street, N.W. Washington, D.C. 20230 Washington, D.C. 20520—5818 Hillary Morgan Defense Information Systems Agency Code RGC 701 S. Courthouse Road Arlington, VA 22204 Pam Conley%


Document Created: 2008-07-15 10:06:29
Document Modified: 2008-07-15 10:06:29
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