Attachment JUPITER STA Request

This document pretains to SCL-STA-20190730-00023 for Special Temporal Authority on a Submarine Cable Landing filing.

IBFS_SCLSTA2019073000023_1822313

DocuSign Envelope ID: 4563B250-F928-44D6-AA87-99BF3AC7D3AE




                                                  Before the
                                      FEDERAL COMMUNICATIONS COMMISSION
                                                             Washington, D.C.


                In the Matter of

                NTT AMERICA, INC.,                                        File No. SCL-LIC-20180517-00012
                NTT COMMUNICATIONS CORPORATION,
                EDGE CABLE HOLDINGS USA, LLC,
                HKT GLOBAL (SINGAPORE) PTE LTD,
                PLDT, INC.,
                SOFTBANK CORP., AND
                VADATA, INC.

                Application for a License to Land and Operate
                a Private Fiber-Optic Submarine Cable System
                Connecting the United States, Japan, and the
                Philippines,

                THE JUPITER SYSTEM



                                   REQUEST FOR SPECIAL TEMPORARY AUTHORITY


                      Pursuant to 47 U.S.C. § 34, Executive Order No. 10,530, and 47 C.F.R. § 1.767, NTT

            America, Inc., NTT Communications Corporation, Edge Cable Holdings USA, LLC, HKT

            Global (Singapore) Pte Ltd, PLDT, Inc., SoftBank Corp., and Vadata, Inc. (collectively, the

            “Applicants”), hereby request special temporary authority (“STA”) to construct, connect the U.S.

            end points of, and test at their own risk those portions of the JUPITER system in U.S. territory

            prior to the Commission’s grant of the Applicants’ pending cable landing license application.1


            1
                  NTT America, Inc., NTT Communications Corporation, Edge Cable Holdings USA, LLC,
                  HKT Global (Singapore) Pte Ltd, PLDT, Inc., SoftBank Corp., and Vadata, Inc., Application
                  for a License to Land and Operate a Private Fiber-Optic Submarine Cable System
                  Connecting the United States, Japan, and the Philippines, File No. SCL-LIC-20180216-
                  00002 (filed May 17, 2018) (“Application”).


DocuSign Envelope ID: 4563B250-F928-44D6-AA87-99BF3AC7D3AE




            Without such authority, the JUPITER system would likely be delayed at significant cost to the

            Applicants and thereby delay the benefits of new capacity on the U.S.-Japan and U.S.-

            Philippines routes. The Applicants therefore seek STA beginning no later than August 27, 2019,

            and ending 180 days from grant. The Applicants have notified the Team Telecom agencies of

            this request.

                     The Applicants acknowledge that grant of this request will not prejudice action by the

            Commission on the underlying Application and that the STA is subject to cancellation or

            modification upon notice. Further, the Applicants acknowledge that such STA can be revoked

            by the Commission on its own motion without a hearing.

            I.       THE GRANT OF STA WILL SERVE THE PUBLIC INTEREST AND WILL NOT
                     FRUSTRATE THE COMMISSION’S RULES

                     The Applicants respectfully submit that grant of this STA request will serve the public

            interest, convenience, and necessity and otherwise comply with U.S. law and Commission

            regulations. On May 17, 2018, the Applicants jointly applied for authority to land and operate

            the new JUPITER system connecting California, Oregon, Japan, and the Philippines. The

            Commission placed the application on streamlined public notice on August 8, 2018.2 The Team

            Telecom agencies later requested that the application be processed on a non-streamlined basis

            pending completion of a national security review. The JUPITER system will offer capacity in

            large increments until the year 2045, far beyond the useful life of many existing systems serving

            U.S.-Japan and U.S.-Philippines routes—routes where capacity demand continues to grow




            2
                 Streamlined Submarine Cable Landing License Applications Accepted for Filing, Public
                 Notice, Report No. SCL-00219S (rel. Aug. 8, 2018).


                                                             2


DocuSign Envelope ID: 4563B250-F928-44D6-AA87-99BF3AC7D3AE




            significantly.3 It will also provide critical low-latency, U.S.-Asia connectivity for data centers

            operated by certain of JUPITER’s owners.4

                        Grant of the Applicants’ request will also serve the public interest in two particular ways.

            First, it will ensure the timely construction and commencement of operations of the JUPITER

            system, with long-term, large-increment, low-latency capacity on the U.S.-Japan and U.S.-

            Philippines routes. Second, it will avoid imposing needless and avoidable costs on the

            Applicants.

            II.         THE FEDERAL COMMUNICATIONS COMMISSION HAS AUTHORITY TO
                        GRANT THE STA REQUEST

                        The Commission has ample authority to issue an STA for construction and testing prior

            to the grant of a cable landing license. Neither the Cable Landing License Act nor Executive

            Order 10,520 (delegating submarine cable licensing authority from the President to the

            Commission, subject to Executive Branch review) limits the Commission’s ability to issue an

            STA for construction, testing, and/or operational authority prior to grant of a cable landing

            license.5

                        To the contrary, the Commission has exercised such authority on numerous occasions

            and should also do so in this case. The Commission has granted, upon a showing of good cause,

            STA for purposes of construction in U.S. territory, connection of a system’s end points, and

            testing in U.S. territory prior to the issuance of a cable landing license for the SEA-US, Atisa,




            3
                  Application at 2.
            4
                  Id.
            5
                  See 47 U.S.C. §§ 34-39; Executive Order 10,530.


                                                                 3


DocuSign Envelope ID: 4563B250-F928-44D6-AA87-99BF3AC7D3AE




            Marea, BRUSA, and Crosslake Fibre systems.6 The Applicants seek the same authority here to

            construct, connect the U.S. end points, and test the JUPITER system in U.S. territory.



                                                         CONCLUSION

                     For the foregoing reasons, the Commission should expeditiously grant this STA request.

                                                             Respectfully submitted,

                                                             NTT AMERICA, INC.
                                                             (as lead applicant)


                                                             ____________________________
            Kent Bressie                                     Jordan Kanfer
            Harris, Wiltshire & Grannis LLP                  Executive Vice President and General Counsel
            1919 M Street, N.W., Suite 800                   NTT America, Inc.
            Washington, D.C. 20036-3537                      757 Third Avenue, Floor 14
            +1 202 730 1337 tel                              New York, New York 10017
            kbressie@hwglaw.com                              +1 212 661 0810
                                                             j.kanfer@ntta.com
            Counsel for NTT America, Inc.


            July 30, 2019


            6
                 See e.g., GTI Corporation et al., Request for Special Temporary Authority, FCC File No.
                 SCL-STA-20160914-00018 (granted Sept. 26, 2016) (granting STA to construct and test
                 U.S.-territory facilities for the SEA-US submarine cable system prior to the grant of a cable
                 landing license); DOCOMO Pacific, Inc., Application for Special Temporary Authority, FCC
                 File No. SCL-STA-20170209-00002 (granted Feb. 15, 2017) (granting STA to construct and
                 test U.S.-territory facilities for the Atisa submarine cable system prior to the grant of a cable
                 landing license); Edge Cable Holdings USA, LLC, et al., Request for Special Temporary
                 Authority, FCC File No. SCL-STA-20170318-00007 (granted Mar. 24, 2017) (granting STA
                 to construct and test U.S.-territory facilities for the Marea submarine cable system prior to
                 the grant of a cable landing license); Telxius Cable USA, Inc., et al., Request for Special
                 Temporary Authority, FCC File No. SCL-STA-20170712-00017 (granted July 19, 2017)
                 (granting STA to construct and test U.S.-territory facilities for the BRUSA submarine cable
                 system prior to the grant of a cable landing license); Crosslake Fiber USA LP, Request for
                 Special Temporary Authority, FCC File No. SCL-STA-20180606-00014 (granted June 18,
                 2018) (granting STA to construct and test U.S.-territory facilities for the Crosslake Fibre
                 submarine cable system prior to the grant of a cable landing license).


                                                               4


DocuSign Envelope ID: 4563B250-F928-44D6-AA87-99BF3AC7D3AE




                                              CERTIFICATE OF SERVICE

                    I, Kent Bressie, hereby certify that consistent with 47 C.F.R. § 1.767(j), I have served

            copies of the foregoing request for special temporary authority by hand delivery or electronic

            mail this 30th day of July, 2019, to the following:



                                 Robert L. Strayer
                                 Deputy Assistant Secretary of State for Cyber and
                                    International Communications and Information Policy
                                 Bureau of Economic and Business Affairs
                                 U.S. DEPARTMENT OF STATE
                                 EB/CIP : Room 4634
                                 2201 C Street, N.W.
                                 Washington, D.C. 20520-4634

                                 Kathy Smith
                                 Chief Counsel
                                 U.S. DEPARTMENT OF COMMERCE/NTIA
                                 14th Street and Constitution Avenue, N.W.
                                 Room 4713
                                 Washington, D.C. 20230

                                  William E. Brazis II
                                  General Counsel
                                  DEFENSE INFORMATION SYSTEMS AGENCY
                                  6910 Cooper Avenue
                                  Fort Meade, Maryland 20755




                                                             Kent Bressie



Document Created: 2019-08-28 12:03:32
Document Modified: 2019-08-28 12:03:32

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