Attachment Supplement

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

IBFS_SCLMOD2008071400012_665555

Stamp and Return FILED/ACCEPTEp 1776 K STREET NW Nancy J. Victory WASHINGTON, DC 20006 September 19, 2008 PHONE 202.719.7000 SEP 19 2008 202.719.7344 nvictory@wileyrein.com FAX 202.719.7049 Federal Communicatio ns Commission Office of the Secretary 7925 JONES BRANCH DRIVE McLEAN, VA 22102 VIA HAND DELIVERY PHONE 703.905.2800 FAX 703.905.2820 Marlene H. Dortch Secretary www. wileyrein.com Federal Communications Commission 445 12th Street, SW Washington, D.C. 20554 Re: Application to Modify the Trans—Pacific Express Cable Network, File No. SCL—MOD—20080714—00012; Supplemental Information Dear Ms. Dortch: The Trans—Pacific Express Cable Network ("TPE") Consortium, by counsel, hereby supplements the above—referenced modification application. This application was submitted to modify the TPE cable network 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. As evidenced by the information provided below, this modification application qualifies for streamlined processing pursuant to Section 1.767(k) of the Commission‘s rules, 47 C.F.R. § 1.767(k), because all of NTT Com‘s affiliated foreign carriers lack market power in their respective markets. As reported in the modification application, NTT Com is a foreign carrier in Japan, which is a member of the WTO, and NTT Com agrees to accept and abide by the reporting requirements contained in Section 1.767(1) of the Commission‘s rules, 47 CFR. § 1.7670). Additionally, all of NTT Com‘s affiliated foreign carriers, that operate in China, Taiwan, and Korea, lack market power in the international transport and the local access markets in those countries. e NTT Com Asia Ltd. provides a range of data services in China. This entity has less than fifty percent market share in the international transport and the local access markets in China. e NTT Com Asia Network Systems (Guangzhou) Company Limited provides consultation services in China regarding the building of a data network. This entity has no facilities and has less than fifty percent

Marlene H. Dortch September 19, 2008 Page 2 market share in the international transport and the local access markets in China. * HKNet Company Ltd. provides ISP service in China. This entity has less than fifty percent market share in the international transport and the local access markets in China. e HKNet Wireless Co. Ltd. does not provide telecommunications service in China. As such, the company has no telecommunications facilities, and has less than fifty percent market share in the international transport and the local access markets in China. e NTT Taiwan Ltd. provides a range of data services in Taiwan. This entity has less than fifty percent market share in the international transport and the local access markets in Taiwan. e NTT Korea Co., Ltd. provides a range of data services in Korea. This entity has less than fifty percent market share in the international transport and the local access markets in Korea. Thus, pursuant to Section 1.767(k)(2) and (3) of the Commission‘s rules, 47 C.F.R. § 1.767(k)(2) and (3), the above—referenced modification application qualifies for streamlined processing. ‘ If you have any questions, please do not hesitate to contact the undersigned. Sincerely, 1 m4 // //{ '/ ~ ;? fl‘/‘"{ ,5'1/L@/&Lm a A ~ «J ( Nancpy J. Victory / {


Document Created: 2008-09-22 10:13:02
Document Modified: 2008-09-22 10:13:02
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