Attachment GT Landing II STA re

This document pretains to SCL-STA-20110524-00021 for Special Temporal Authority on a Submarine Cable Landing filing.

IBFS_SCLSTA2011052400021_890491

555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004—1304 Tel: +1.202.637.2200 Fax: +1.202.637.2201 www.lw.com LATHAM&eWAT KINS— FIRM / AFFILIATE OFFICES Abu Dhabi Moscow Barcelona Munich Beijing New Jersey Boston New York Brussels Orange County May 24, 2011 Chicago Paris Doha Riyadh Dubai Rome Frankfurt San Diego VIA IBFS Hamburg San Francisco Hong Kong Shanghai Marlene H. Dortch Houston Silicon Valley London Singapore Secretary Los Angeles Tokyo Federal Communications Commission Madrid Washington, D.C. 445 12th Street, S.W. Milan Washington, D.C. 20554 Re: GT Landing II Corp.; Request for Special Temporary Authority Relating to a Modification to the Pan American Crossing ("PAC") Submarine Cable Landing License Dear Ms. Dortch: GT Landing II Corp. ("GT Landing II") respectfully requests special temporary authority ("STA") to operate an extension to the Pan American Crossing ("PAC") submarine cable system, pending a ruling on its application to modify the license for the PAC system to add that extension (File No. SCL—MOD—20110524—00020). The underlying facts are set forth in greater detail in GT Landing II‘s pending modification application. In brief, in an order dated March 18, 1999, the Commission granted GT Landing II‘s predecessor—in—interest, PAC Landing Corp., authority to land and operate the PAC system on a non—common carrier basis.‘ The PAC system is a private, non—common carrier, fiber—optic submarine cable system. It is part of an integrated, global network of non— common carrier undersea cables deployed to support a "carrier‘s carrier‘" business, leading to increased facilities—based competition and the development of a robust infrastructure with increased capacity." 1 PAC Landing Corp., Cable Landing License, FCC File No. SCL—LIC—19981103—00022, 14 FCC Red 3989 (1998) ("PAC License Order") see also Public Notice, Non— Streamlined International Applications Acceptedfor Filing, Report No. TEL—O0530NS, at 3 (rel. May 17, 2002) (noting modification regarding conditions, under File No. SCL— MOD—20020415—00036). See, e.g., PAC License Order 6 ("PAC Landing Corp. requests a license under the Commission‘s private submarine cable policy, which is intended to promote competition in the provision of international transmission facilities.").

May 24, 2011 Page 2 LATHAM&WATKINS«— In July 2008, PAC Landing Corp. completed construction of an additional submarine cable segment branching off from the PAC system with a new landing point in Jaco, Costa Rica. That landing station is owned and operated by Instituto Costariccense de Electricidad ("ICE"), the incumbent telecommunications carrier in Costa Rica." In December 2008, the PAC license was assigned to GT Landing II on a pro forma basis." On April 10, 2011, GT Landing II‘s indirect parent corporation, Global Crossing Limited, entered into an amalgamation (or merger) agreement by which, inter alia, Level 3 Communications, Inc. would acquire control of GT Landing II and its cable landing licenses (including the PAC license). Applications seeking Commission consent to that transfer of control were filed on May 12, 2011 (IB Docket No. 11—78). In the course of preparing those applications, GT Landing II discovered that a modification of the PAC license to add the new Costa Rica segment inadvertently had not been sought. GT Landing II regrets this unfortunate oversight. Accordingly, after consulting with staff of the International Bureau (and as noted specifically in the application seeking consent to the transfer of control of its cable landing licenses), GT Landing II immediately began to prepare its modification application as well as this STA request. Both the modification and this requested STA would be subject to the same conditions applicable to the PAC license more generally." Please direct any further correspondence in connection with this request to me. Thank you for your attention to this matter. Sincerely, .B Prezws,— Brian Murray ce: Attached Service List ICE is presumed to possess market power in Costa Rica. See Public Notice, The International Bureau Revises and Reissues the Commission‘s List ofForeign Telecommunications Carriers That Are Presumed to Possess Market Power in Foreign Telecommunications Markets, DA 07—233, at 4 (rel. Jan. 26, 2007). 4 Actions Taken Under Cable Landing License Act, Public Notice, FCC File No. SCL— ASG—20090917—00029, 24 FCC Red 12423 (2009) (accepting notification ofpro forma assignment of cable landing license from PAC Landing Corp. to GT Landing II). 5 PAC License Order © 16; see also File No. SCL—MOD—20020415—00036.

LATHAM&WATKINS—_ CERTIFICATE OF SERVICE I hereby certify that consistent with 47 C.F.R. § 1.767(j), I have served copies of the B foregoing request for special temporary authority by overnight delivery on this Z4 ~day of May 2011, to the following: Ambassador Philip Verveer U.S. Coordinator Int‘l Communications & Information Policy Bureau of Economic and Business Affairs U.S. DEPARTMENT OF STATE EEB/CIP: Room 4826 2201 C Street, N.W. Washington, D.C. 20520—5818 Kathy Smith Chief Counsel U.S. DEPARTMENT OF COMMERCE/NTIA 14th Street and Constitution Avenue, N.W. Room 4713 Washington, D.C. 20230 Hillary J. Morgan Deputy General Counsel, Regulatory & International Law DEFENSE INFORMATION SYSTEMS AGENCY 6910 Cooper Avenue Fort Meade, Maryland 20755 42. . ZAa _ Brian Murray


Document Created: 2011-05-24 16:05:06
Document Modified: 2011-05-24 16:05:06
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