Attachment Curie STA Grant.pdf

Curie STA Grant.pdf

DECISION submitted by Federal Communications Commission

STA Grant

2018-12-21

This document pretains to SCL-STA-20181207-00039 for Special Temporal Authority on a Submarine Cable Landing filing.

IBFS_SCLSTA2018120700039_1592744

,trcrnIR ‘“ QIUIVUU7 II3oI?i0%53 Granted date: c-’ Before the authorized by bp”4’j Cj reç, 1cunc’J FEDERAL COMMUNICATIONS COMM] SION’ Ai . Washington, D.C. 20554 . signature Osffl In the Matter of CXC5 21 2018 GU HOLDINGS INC. ) File Nos. SCL-LIC-20181008-00034 International Bureau SCL-STA-201 8 Application for a License to Construct, Land, ) and Operate a Submarine Cable ) Connecting the United States and Chile ) REQUEST FOR SPECIAL TEMPORARY AUTHORITY Pursuant to 47 U.S.C. § 34-39, Executive Order 10530, and 47 C.F.R. § 1.767, GU Holdings Inc. (the “Applicant”) hereby requests special temporary authority (“STA”) to construct, connect, and test the portion of the Curie cable system in U.S. territory prior to the Commission’s grant of the Applicant’s pending cable landing license application.1 Without such authority, construction of the Curie cable system would likely be delayed at significant cost to the Applicant and thereby delay the benefits of new U.S.-South America capacity that the cable will provide. The Applicant therefore seeks STA beginning no later than January 9, 2019, and ending 180 days from grant. The Applicant has notified the Team Telecom agencies of this request. The Applicant acknowledges that grant of such STA will not prejudice action by the Commission on the underlying application and that such STA is subject to cancellation or modification upon notice. The Commission has authority to grant the requested STA and has previously granted STA requests seeking similar relief. 1 See GU Holdings Inc., Application for a License to Construct, Land, and Operate a Submarine Cable Connecting the United States and Chile, FCC File No. SCL-LIC-20 181008-00034 (filed Oct. 8, 2018) (Curie Application); see also Public Notice, Streamlined Submarine Cable Landing License Applications Acceptedfor Filing, Report No. SCL. 00227S (rel. Oct. 30, 2018) (Public Notice).

I. BACKGROUND On October 8, 2018, the Applicant applied for authority to construct, land, and operate Curie, a high-capacity fiber-optic submarine cable system connecting the U.S. and Chile.2 The Commission placed the Curie Application on streamlined public notice on October 30, 2018, but later removed the application from streamlined processing at the request of the Team Telecom agencies pending completion of a national security and law enforcement review. The Applicant is actively engaged in discussions with the Team Telecom agencies necessary for the national security and law enforcement review. However, the Applicant does not expect that those discussions will be concluded in time for the Commission to fully consider and grant the underlying application by January 9, 2019, the date on which the Applicant and the system supplier have planned to begin laying the cable in U.S. territory. Laying the cable is part of a series of interrelated processes, the delay or reordering of which would impose substantial additional costs on the Applicant and raise concerns about the continuing availability of a cable- laying ship for the project. Consequently, the Applicant seeks STA now in order to ensure that construction, connection, and testing in U.S. territory may proceed on schedule. The Applicant does not seek authority for other operation of the cable and will not begin to provide service using the Curie cable system until a cable landing license is issued by the Commission. II. GRANT OF THE STA REQUEST WILL SERVE THE PUBLIC INTEREST Grant of this STA request will serve the public interest, convenience, and necessity. Delaying the construction start date for the cable would delay the availability of its substantial transmission capacity and impose significant economic costs on the Applicant. Depending on the 2 See Curie Application. See Public Notice. 2

length of the delay, the financial viability of the project could be at risk. Conversely, grant of this STA request would help to ensure realization of the project’s public benefits. Specifically, the cable will provide significant new and replacement capacity on the U.S.-South America route, where demand has increased substantially in recent years. It will also provide geographically diverse capacity, as the first cable to directly connect South America to the West Coast of the United States.4 III. THE FCC HAS AUTHORITY TO GRANT THE STA REQUEST The Commission has on numerous occasions granted STAs for construction, connection, and testing prior to the grant of a cable landing license, and it should also do so in this case. Recently, the Commission granted, upon showings similar to the facts presented here, STAs for construction, connection, and testing of the Crosslake Fibre, Hawaiki, and BRUSA cable systems.5 Neither the Cable Landing License Act nor Executive Order 10530 (delegating submarine cable licensing authority from the President to the Commission, subject to Executive Branch review) limits the Commission’s ability to issue such relief.6 The Applicant seeks similar authority here to construct, connect, and test the Curie cable in U.S. territory. Curie Application at 1-2. See Request for Special Temporary Authority, FCC File No. SCL-STA-20180606-00014 (granted Jun. 18, 201$); Request for Special Temporary Authority, FCC File No. SCL-STA 20170721-00018 (granted Jul. 28, 2017); Request for Special Temporary Authority, FCC File No. SCL-STA-20170712-00017 (granted Jul. 19, 2017). 6 See 47 U.S.C. § 34-39; Executive Order 10530, 19 Fed. Reg. 2709 (May 10, 1954). 3

IV. CONCLUSION For the foregoing reasons, the Commission should grant this STA request as expeditiously as possible, and in any event no later than January 9, 2019. Respectfully submitted, Is! Ulises R. Pin Ulises R. Pin Denise S. Wood Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., NW Washington, DC 20004 (202) 373-6000 ulises.pinmorganlewis.com denise.woodmorganlewis.com Counsellor GUHoldings Inc. December 7, 2018 4

CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was served this date upon the following: Marlene Dortch U.S. Coordinator Secretary EB/CP Federal Communications Commission U.S. Department of State 445 12th Street, SW 2201 C Street, NW Washington, DC 20554 Washington, DC 20520-58 18 (via first class U.S. mail, postage prepaid) (via first class U.S. mail, postage prepaid) David Krech Defense Information Systems Agency International Bureau AUn: GC/DOl Federal Conmiunications Commission 6910 Cooper Avenue 445 12th Street, SW Fort Meade, MD 20755-7088 Washington, DC 20554 (via first class U.S. mail, postage prepaid) (via electronic mail to david.drech@fcc.gov) Denise Coca Office of Chief Counsel/NTIA International Bureau U.S. Department of Commerce Federal Communications Commission 14th Street and Constitution Ave., NW 445 12th Street, SW Washington, DC 20230 Washington, DC 20554 (via first class U.S. mail, postage prepaid) (via electronic mail to denise.coca@fcc.gov) Tom Sullivan Troy Tanner International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12th Street, SW 445 12th Street, SW Washington, DC 20554 Washington, DC 20554 (via electronic mail to tom.su11ivanJfcc.gov) (via electronic mail to troy.tannerfcc.gov) Is! Denise S. Wood December 7, 2018


Document Created: 2019-04-24 13:03:58
Document Modified: 2019-04-24 13:03:58
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