Attachment Response to Data Req

Response to Data Req

SUPPLEMENT

Supplement

2015-08-03

This document pretains to SCL-T/C-20141121-00013 for Transfer of Control on a Submarine Cable Landing filing.

IBFS_SCLTC2014112100013_1098272

Morgan, Lewis & Bockius LLP 2020 K Street, NW Washington, District of Columbia 20006-1806 Tel. 202.373.6000 Fax: 202.373.6001 www.morganlewis.com Ulises R. Pin Partner +1.202.373.6664 u.pin@morganlewis.com July 31, 2015 VIA ELECTRONIC FILING Denise Coca Chief, Policy Division International Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: Applications of Columbus Networks, Limited and Cable & Wireless Communications Plc for Consent to Transfer Control of Licensees, File Nos. ITC- T/C-20141121- 00304, ITC-T/C-20141121-00307, SCL-T/C-20141121-00013, SCL- T/C- 20141121-00014 Dear Ms. Coca: In response to the Commission staff’s telephonic request for additional information, Columbus New Cayman Limited, 1 Columbus Networks USA, Inc. and ARCOS-1 USA, Inc. (collectively, “Columbus USA”), and Cable & Wireless Plc (“C&W”), hereby submit the following information in relation to the above-referenced applications: 1. Please categorize the Net IRUs (in STM-1s) for the ARCOS-1, CFX-1 and Fibralink cables as: a. Total IRUs (in STM-1s) granted to each U.S. and Foreign Submarine Cable Licensees and/or Common Carriers: i. U.S. Submarine Cable Licensees and/or Common Carriers: 1 Columbus New Cayman Limited replaced Columbus Networks, Limited as the Transferor in the above- referenced applications following a pro forma transfer of control completed on March 31, 2015. See Notification of Pro Forma Transfer and Minor Amendment to Applications, SCL-T/C-20150421-00010, et al. (filed April 21, 2015) (the “Pro Forma Transfer”). Almaty Astana Beijing Boston Brussels Chicago Dallas Dubai Frankfurt Harrisburg Hartford Houston London Los Angeles Miami Moscow New York Orange County Paris Philadelphia Pittsburgh Princeton San Francisco Santa Monica Silicon Valley Tokyo Washington Wilmington

Denise Coca July 31, 2015 Page 2 Response: Please see Attachment A for a description of the total IRUs granted to U.S. and foreign carriers by Columbus USA as of December 31, 2014. Please also see Attachment B, which provides a list of customers and their designation as domestic or foreign. As a result of recent personnel changes, Columbus USA has undertaken a thorough review of its IRU arrangements in response to these questions. It notes that the information provided herein has been correlated between multiple internal Columbus USA databases (e.g., sales, provisioning, network administration, etc.), and is therefore, in Columbus USA’s view, a more fulsome summary of the various IRU capacity arrangements undertaken by the company as of December 31, 2014. Columbus USA intends to revise and amend its 2014 annual circuit status report to reflect this information.2 ii. Foreign Carriers: Response: Please see Attachment A for an analysis of total IRUs which have been granted to U.S. and foreign carriers by Columbus USA. Please also see Attachment B, which provides a list of customers and their designation as domestic or foreign. b. Total IRUs (in STM-1s) granted to Digicel: Response: Please see Attachment C for the total IRUs granted to Digicel. Please also see response to Question 2 below.3 c. Total IRUs (in STM-1s) to Enterprise Customers: Response: Columbus USA has not sold any IRUs to enterprise customers. d. Other (any residual IRUs not fitting into the above categories): Response: Columbus USA is not aware of any other categories of any IRUs not otherwise fitting into the above categories. 2 Note that the capacity and IRUs listed in response to these questions do not reflect arrangements made by Columbus USA of less than STM-1 capacity. Columbus USA does not believe that those arrangements of less than STM-1 capacity are material with respect to this data response. Columbus USA also notes that its arrangements include primary paths and working paths, and it has not included protected path arrangements so as not to double-count IRU capacity sold. Where an IRU is for protected capacity, only the number of STM- 1’s used on the primary route has been counted. 3 Note that the information provided in Attachment C includes capacity sold to Digicel through Alpha Communications Network S.A., as well as Digicel’s other subsidiaries.

Denise Coca July 31, 2015 Page 3 2. Please reconcile the June 2, 2015 Attachment C responses totaling 21 STM-1s with the response provided in Section D of the March 30 Ex Parte Letter (page 8), in which the parties stated that Digicel owns 72 STM-1s of Fibralink capacity to Haiti, with the option to procure another 72 STM-1s of additional capacity. Please clarify the numbers. Response: In the Haiti Subsea Link Master Agreement dated September 30, 2011 between Digicel Group Ltd. and Alpha Communications Network S.A. and Columbus Networks Ltd. and Columbus Networks Haiti S.A. (the “HSLMA”) Digicel received IRUs for 72 STM-1s of capacity in consideration for paying for the construction of the Fibralink spur into Kaliko Beach, Haiti. Digicel can port the Kaliko Beach STM-1s and use them on a route on ARCOS- 1 from Puerto Plata, Dominican Republic to Miami, Florida. In addition, in the HSLMA Digicel also has a right to purchase IRUs for another 72 STM-1s of capacity from Puerto Plata, DR to Miami, FL at a discounted price. As of today, Digicel has drawn down 50 STM-1s of the first 72 STM-1s described above, and ported 6 STM-1s for use from Puerto Plata to Miami (having activated 56 of the 72 STM-1s in total). These are included in the STM-1s identified in Attachment C for Columbus. For the reasons noted above in response to Question 1.a.i., the information provided in this response is, in Columbus USA’s view, a more fulsome summary of the various IRU capacity arrangements between Columbus USA and Digicel as a result of a more thorough review of the arrangements between the companies. Also, Attachment C in the June 2015 submission was incorrect because it was derived from a sales data base that did not include all of the Digicel entities that have purchased capacity from Columbus USA. The revised Attachment C in this filing comes from the same data sources as the revised Attachment A, and in Columbus USA’s view, is a more accurate accounting of these arrangements.4 3. Please discuss whether the Fibralink cable forms a part of a “used and efficient” route for U.S.-Haiti traffic. Similarly, does the BDSNi cable form a part of a “used and efficient” route for U.S.-Haiti traffic? Response: These cables can be, and in fact are, used for effective connection between the U.S. and Haiti. For example, carriers can buy a circuit on Fibralink between Haiti and the Dominican Republic and then interconnect to other cables in the Dominican Republic that directly connect with the U.S. (e.g., ARCOS or AMX-1). Another alternative would be to go to Jamaica and connect with CFX-1 or other cables coming to the U.S. The same is true for BDSNi where the traffic can go to the Bahamas and from there back to the U.S. on the multiple cables connecting the U.S. to the Bahamas, including ARCOS. 4. With respect to the C&W response to Question 6 of the June 2, 2015 Response, please clarify whether C&W sells collocation space and backhaul at cost-based or market rates. 4 Note that the total figures set forth in Attachment C include non-Haiti routes. Further, Columbus USA has treated each Digicel circuit as a linear circuit, and where the circuits span two systems (e.g. Fibralink and ARCOS-1), the STM-1 equivalents have been counted on each system.

Denise Coca July 31, 2015 Page 4 Response: C&W sells collocation space at market rates where feasible and in some jurisdictions, like the British Virgin Islands, it sells collocation at cost-based rates. C&W sells backhaul at market rates. 5. Please confirm whether Columbus USA and C&W consent to allowing the FCC to consult with the U.S. Department of Justice (“DOJ”) regarding its review of the transaction (including the sharing of confidential information submitted by Columbus USA and C&W and developed by DOJ during its review). Response: Columbus USA and C&W have previously consented to the exchange of information between the Commission and the DOJ. 6. Please provide a status update on the regulatory approvals still outstanding. Response: The Parties now have approval in all jurisdictions other than St. Kitts and Nevis, Grenada, St. Vincent and the Grenadines, St. Lucia, Venezuela, and the Dominican Republic. These did not affect the initial closing, i.e., the transfer of the non-U.S. business of Columbus International Inc. to C&W on March 31, 2015. We continue to work with regulators in each of these jurisdictions and we expect to obtain all required clearances in due course. * * * * * Please direct any questions regarding this matter to the undersigned. Respectfully submitted, /s/ Ulises R. Pin Counsel to Columbus USA Attachments cc: David Krech FCC International Bureau Policy Division (via e-mail) Jodi Cooper FCC International Bureau Policy Division (via e-mail)

Denise Coca July 31, 2015 Page 5 Patrick S. Campbell Counsel to Cable & Wireless Communications Plc Paul, Weiss, Rifkind, Wharton & Garrison LLP 2001 K Street, N.W.; Suite 500 Washington, D.C. 20006 (via e-mail)

Attachment A Columbus Networks, Limited Data Request Cable Ownership (%) Cable Capacity Holdings (in STM-1s) as of 12/31/2014 Capacity Net Inter-Carrier Net Capacity Activated Non-Activated Domestic Net Current Thru Ownership Foreign Net IRU's IRU's Net IRUs Leaseholds Held Capacity Capacity (d) =(a)+(b)+(c) as of 12/31/2014 (a) (b) (c) (d) = (e) +(f) (e) (f) U.S. Cables: ARCOS-1 96% 9400 -4927 -757 -5684 0 3716 3309 407 CFX-1 100% 10112 -2796 -464 -3260 0 6852 4881 1971 Non-U.S. Cables Fibralink 100% 448 -209 0 -209 0 239 159 80

Attachment B Foreign / N CUSTOMER-NAME FULL NAME Domestic (F/D) 1 ICE Grupo ICE Foreign 2 LEVEL 3 Comm, LCC Level 3 Communications, Inc. Domestic 3 RACSA RACSA Foreign 4 LAN Nautilus Latin American Nautilus Domestic 5 CODETEL Compania Dominicana de Telefonos Foreign 6 CTE CTE Telecom Foreign 7 BTC Bahamas Telecommunications Company Foreign 8 SETAR SETAR N.V. Foreign 9 SPRINT Sprint Corporation Domestic 10 TELMEX USA Telmex USA, LLC Domestic 11 ORBITEL Orbitel Telecommunications Foreign 12 CENTENNIAL Centennial Communications Corporation Domestic 13 TSTT Telecommunications Services of Trinidad and Tobago Foreign 14 Cable & Wireless Cable and Wireless Communications Foreign 15 UTS ‐ Curacao UTS Group Foreign 16 AVANTEL Avantel Incorporated Foreign 17 ETB ‐ Empresa de Teléfonos de Bogotá Empresa de Telecomunicaciones de Bogota Foreign 18 Cable & Wireless Panama Cable and Wireless Panama Foreign 19 Telefonia Bonairiano N.V. Telefonia Bonairiano N.V. (TELBO) Foreign 20 INTERNEXA Internexa S.A. Foreign 21 Telmex Colombia Telmex Colombia S.A. Foreign 22 COMCEL Claro Colombia S.A. Foreign 23 Telecomunicaciones de Guatemala SA (TELGUA) Telecomunicaciones de Guatemala S.A. Foreign 24 ENITEL Empresa Nicaraguense de Telecomunicaciones S.A. Foreign 25 Puerto Rico Telephone ‐ PRT Puerto Rico Telephone Company Incorporated Domestic 26 Oceanic Digital Jamaica Limited Oceanic Digital Jamacia Limited Foreign 27 AT&T AT&T Incorporated Domestic 28 LIBERTY CABLEVISION OF PUERTO RICO, LLC Liberty Cable Vision of Puerto Rico, LLC Domestic 29 Caribbean Crossings Ltd Caribbean Crossings Ltd Foreign 30 Telecommunicatiebedrijf Suriname (Telesur) Telecommunications Company Suriname Foreign 31 GT&T Guyana Telephone and Telegraph Company Foreign 32 SERCOTEL S.A. DE CV Sercotel, S.A. de CV Foreign 33 BT Latam BT LatAm Foreign 34 America Movil America Movil, S.A.B. de CV Foreign 35 Critical Hub Networks, Inc Critical Hub Networks Incorporated Domestic 36 TIWS USA TIWS USA Incorporated Domestic 37 ONEMAX S.A. Onemax, S.A. Foreign 38 Digicel Turks and Caicos LTD Digicel Turks and Caicos Ltd Foreign 39 Cablenet Cablenet Services Domestic 40 BTL Belize Telemedia Limited Foreign 41 Digicel Digicel Foreign 42 Trilogy International Enterprises Trilogy International Enterprises Domestic 43 Cable and Wireless Jamaica Cable and Wireless Jamacia Ltd Foreign 44 Digicel ‐ Mossel Jamaica Digicel Jamacia Foreign 45 CNT Corporacion Nacional de Telecomunicaciones Foreign 46 Alpha Communications Network S.A. Alpha Communications Network S.A. Foreign 47 Altice Hispaniola, S.A. Altice Hispaniola S.A. Foreign 48 Millicom Millicom International Services Domestic 49 Claro Panama S.A. Claro Panama S.A. Foreign 50 Cable Onda Oriental Cable Onda Oriental Foreign 51 NAVEGA.COM Navega.com S.A. Foreign 52 Cablemas Telecomunicaciones, SA de CV Cablemas Telecomunicaciones Foreign

53 Fierce Capital Fierce Capital Inc. Foreign 54 Cable Onda, S.A. Cable Onda S.A. Foreign 55 Lazus Lazus de Colombia SA Foreign 56 CANTV Compania Anonima Nacional Telefonos de Venezuela Foreign 57 IDEAY Equipos y Sistemas Foreign 58 ALFANUMERIC Alfanumeric SA Foreign 59 Smitcoms Smitcoms N.V. Foreign 60 IBW IBW Communications SA Foreign 61 Caribe Wireless (FLASSH Communications) Caribe Wireless (FLASSH Communications) Foreign 62 SILVERADO SILVERADO Foreign 63 BW Telecom BW Telecom S.R.L Foreign 64 EMCALI Empresas Municipales de Cali Foreign 65 REDCA Red Centroamericana de Telecomunicaciones Foreign

Attachment C Capacity Sold or Leased to Digicel by CN (in STM-1s) As of December 31, 2014 IRUs U.S. Cables: ARCOS-1 137 CFX-1 24 Non-U.S. Cables Fibralink 129

CERTIFICATION On behalf of ARCOS-1 USA, Inc., Columbus Networks USA, Inc., and Columbus New Cayman Limited, I hereby certify that the foregoing filing, including its corresponding attachments, was prepared under my direction and control. I further certify under penalty of perjury that all statements therein are true, complete, and correct to the best of my knowledge and are made in good faith. By: Name: reFPaddick Title: ief executive officer of ARCOS-1 USA, Inc. and Columbus Networks USA, Inc. president and chief operating officer of Columbus New Cayman Limited Date: July If , 2015

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Document Created: 2015-08-03 09:36:39
Document Modified: 2015-08-03 09:36:39
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