Columbus USA - Respo

OTHER submitted by Columbus Networks USA, Inc.

Information Request Response

2015-06-02

This document pretains to SCL-T/C-20141121-00014 for Transfer of Control on a Submarine Cable Landing filing.

IBFS_SCLTC2014112100014_1089872

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 June 2, 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 Pic 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 your Information Request dated May 19, 2015 (the “Information Request”),1 Columbus New Cayman Limited,2 Columbus Networks USA, Inc. and ARCOS-1 USA, Inc. (collectively, “Columbus USA”)3 hereby submit the following information in relation to the above-referenced applications: 1 Capitalized terms used herein and not otherwise defined have the respective meanings ascribed to such terms in the Information Request. 2 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”). 3 All references herein to “Columbus” mean collectively Columbus International Inc. (“CII”) and its foreign subsidiaries (other than Columbus USA). As noted in the Pro Forma Transfer, CII and its foreign subsidiaries were transferred to C&W on March 31, 2015. Columbus USA is owned by the same ultimate majority owners and controlling parties of CII prior to the Pro Forma Transfer. Thus, there has been no change to the ultimate control of Columbus USA. 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 DB3/200241253.3

Denise Coca June 2, 2015 Page 2 1. For each of the submarine cable systems, provide for Columbus (a) the ownership interest and (b) the cable capacity held as of December 31, 2014. Provide the data as specified in Attachment A. Response. Please see Attachment A. U.S. Cable Systems: America Movil (AMX1) Antillas 1 ARCOS-1 CFX-1 MAYA-1 Pacific Caribbean (PCCS) Taino-Carib Non-U.S. Cable Systems: ALBA-I BDSNi Caribbean Bermuda U.S. Network (CBUS) Cayman-Jamaica Fiber System (CJFS) Eastern Caribbean Fiber System (ECFS) East-West Cable None Fibralink If the ownership or capacity held varies significantly by segment of the particular cable, please insert rows in the spreadsheet to provide data on a segment-by-segment basis. 2. Provide the data on current (as of December 31, 2014) and planned capacity (as of December 31, 2016) for each of the submarine cable systems listed below, as specified in Attachment B and indicate the source of the data. Response. Please see Attachment B. U.S. Cable Systems: America Movil (AMX-1) Antillas 1 ARCOS-1 CFX-1 MAYA-1 Pacific Caribbean (PCCS) DB3/200241253.3

Denise Coca June 2, 2015 Page 3 Taino-Carib Non-U.S. Cable Systems: ALBA-I BDSNi Caribbean Bermuda U.S. Network (CBUS) Cayman-Jamaica Fiber System (CJFS) Eastern Caribbean Fiber System (ECFS) East-West Cable Fibralink If the current or planned capacity varies significantly by segment of the particular cable, please insert rows in the spreadsheet to provide information on a segment-by-segment basis. 3. Identify any submarine cable system planned or proposed to be in service in the Caribbean region within the next two years. Provide detailed information such as planned landing points, planned capacity and proposed in-service dates, and indicate the source of the information. In addition, state whether Columbus has an investment in the submarine cable system, and, if so, the level of ownership that will be held. Response. None to Columbus USA’s knowledge. 4. Provide a list of available terrestrial links between Haiti and the Dominican Republic, including the ownership of those links and provide: Response. Each of Digicel and NATCOM S.A. (a consortium created in 2010 between Viettel Telecom (60%) (Vietnam’s largest mobile operator) and the Government of Haiti (40%)) has built extensive fiber networks throughout Haiti including up to the border with the Dominican Republic in northern Haiti. Columbus USA does not have knowledge of how much capacity is available on these Haitian terrestrial fiber networks. BW Telecom (a Dominican carrier controlled by Mr. Manny Lora), owns and operates a fiber optic network from the Haitian border with the Dominican Republic (where it connects with Digicel and NATCOM) to Puerto Plata, Dominican Republic. Puerto Plata is home to multiple subsea links to the U.S. and elsewhere, including AMX-1, ARCOS-1 and Fibralink. Columbus USA understands that Digicel has acquired one dark fiber pair from BW Telecom on this route. Hence, Columbus USA understands that Digicel has a robust terrestrial seamless platform from anywhere in Haiti to the Puerto Plata multi subsea network gateway. Columbus USA further understands that Digicel has the ability to port its capacity on the Kaliko Beach Haiti spur for use from Puerto Plata, Dominican Republic. DB3/200241253.3

Denise Coca June 2, 2015 Page 4 Columbus USA understands that NATCOM had leased services also from BW Telecom to seamlessly connect its fiber network in Haiti to the Puerto Plata subsea networks in the Dominican Republic. However, Columbus USA understands that NATCOM recently cancelled these services. Other carriers in the Dominican Republic such as Trilogy (owners of Viva), Claro (America Movil) and other small integrators provide microwave links between Haiti and the Dominican Republic at their borders. a. The capacity held by Columbus and how the capacity is held, e.g., ownership of the facility, long-term lease, short-term lease, etc. Response. Neither Columbus USA nor Columbus holds any capacity on the terrestrial links in Haiti. b. For each link, to the extent known, a list of other capacity providers and capacity holders, the amount of capacity held by each of these entities, and indicate the source of this information. Response. Neither Columbus USA nor Columbus has this information. c. Whether Columbus is having any problems, recent or ongoing, purchasing or accessing capacity on, or interconnecting with, terrestrial links between Haiti and the Dominican Republic. If so, explain what the access or interconnection impediments have been, such as capacity holders withholding capacity unless purchased at above cost-based rates. Response. No. 5. Provide the amount of capacity, listed by cable system, sold to Digicel by Columbus, on either an IRU or ICL basis. Provide the data as specified in Attachment C. Response. Please see Attachment C. 6. Provide information on whether holders of capacity in cable systems serving the markets listed below have the legal and practical right (1) to collocate equipment in cable landing stations owned or controlled by Columbus in those markets; and (2) to acquire, access and connect to backhaul facilities provided by Columbus and/or other third parties, in those markets at cost-based rates. 1. Anguilla Response. Neither Columbus USA nor Columbus has any presence in this market. DB3/200241253.3

Denise Coca June 2, 2015 Page 5 2. British Virgin Islands Response. Neither Columbus USA nor Columbus has any presence in this market. 3. Cayman Islands Response. Neither Columbus USA nor Columbus has any presence in this market. 4. Dominican Republic Response. Columbus USA has no presence in this market. Columbus sells collocation space at system landing stations and backhaul in the Dominican Republic at market rates. In addition to Columbus, there are several other providers of collocation and backhaul facilities in the Dominican Republic, including Codetel (America Movil), Orange/Altice and Wind Telecom. 5. Haiti Response. Columbus USA has no presence in this market. Columbus resells collocation space and backhaul from Digicel to its customers in Haiti at market rates. In addition to Columbus, there are other providers of collocation and backhaul facilities in the Haiti, including Digicel. As previously noted to the Commission, Fibralink’s cable landing station in Haiti is owned and operated by Digicel. 6. Jamaica Response. Columbus USA has no presence in this market. Columbus sells collocation space at landing stations and backhaul in Jamaica at market rates. In addition to Columbus, there are other providers of colocation and backhaul facilities in Jamaica, including Telecomunicaciones Grand Caribe (operator of the ALBA-1 Cable). 7. Turks and Caicos (“T&C”) Response. Columbus USA has no presence in this market. Columbus sells collocation space at market rates at the T&C landing station, but Columbus does not own any backhaul in T&C. DB3/200241253.3

Denise Coca June 2, 2015 Page 6 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) Eric Fishman Counsel to Digicel International 400 Central Park West 3R New York, New York 10025 (via e-mail) 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) DB3/200241253.3

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 Current Thru Ownership 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: America Movil (AMX1) 0% 0 0 0 0 0 0 Antillas 1 0% 0 0 0 0 0 0 ARCOS-1 96% 9400 -4404 0 4996 4589 407 CFX-1 100% 10112 -3731 0 6381 4410 1971 MAYA -1 less than 1% 153 -1 0 152 10 142 Pacific Caribbean (PCCS) 0% 0 0 0 0 0 0 Taino-Carib 0% 0 0 0 0 0 0 Non-U.S. Cables ALBA -1 0% 0 0 0 0 0 0 BDSNi 0% 0 0 0 0 0 0 Caribbean Bermuda U.S. Network (CBUS) 0% 0 0 0 0 0 0 Cayman-Jamaica Fiber System (CJFS) 0% 0 0 0 0 0 0 Eastern Caribbean Fiber System (ECFS) 0% 0 0 0 0 0 0 East - West Cable 0% 0 0 0 0 0 0 Fibralink 100% 448 -144 0 304 224 80

Attachment B Columbus Networks, Limited Data Request Cable Capacity (in Gbps) Current Source of Planned Source of Columbus internal information as of 12/31/2014 Capacity Data as of 12/31/2016 Capacity Data U.S. Cables: America Movil (AMX1) 1000 Telegeography/Rawle Study 1960 Telegeography/Rawle Study Antillas 1 3.7 Telegeography/Rawle Study 10 Telegeography/Rawle Study ARCOS-1 1,468 Columbus internal information 1,748 Columbus internal information CFX-1 1,580 Columbus internal information 1,780 Columbus internal information MAYA -1 512 Telegeography/Rawle Study 1200 Telegeography/Rawle Study Pacific Caribbean (PCCS) 1000 Telegeography/Rawle Study 1960 Telegeography/Rawle Study Taino-Carib 3.9 Telegeography/Rawle Study 3.9 Telegeography/Rawle Study Non-U.S. Cables ALBA -1 112 Telegeography/Rawle Study 307 Telegeography/Rawle Study BDSNi* 30 Columbus internal information 30 Columbus internal information Caribbean Bermuda U.S. Network (CBUS)** 160 Columbus internal information 380 Columbus internal information Cayman-Jamaica Fiber System (CJFS) 40 Columbus internal information 140 Columbus internal information Eastern Caribbean Fiber System (ECFS) 182 Telegeography/Rawle Study 260 Telegeography/Rawle Study East-West Cable 40 Columbus internal information 160 Columbus internal information Fibralink 70 Columbus internal information 70 Columbus internal information BDSNi Bahamas-Haiti segment only other links are Intra-Bahamas * Segment 1 and Segment 2 of CBUS**

Attachment C Columbus Networks, Limited Capacity Sold or Leased to Digicel by Cable (in STM-1s) Data Request Inter-Carrier IRUs Leaseholds U.S. Cables: America Movil (AMX1) None None Antillas 1 None None ARCOS-1 11 None CFX-1 3 None MAYA -1 1 None Pacific Caribbean (PCCS) None None Taino-Carib None None Non-U.S. Cables ALBA -1 None None BDSNi None None Caribbean Bermuda U.S. Network (CBUS)* 1 None Cayman-Jamaica Fiber System (CJFS) None None Eastern Caribbean Fiber System (ECFS) None None East - West Cable None None Fibralink 5 None IRU capacity purchased from Cable & Wireless *

CERTIFICATION On behalf of ARCOS-1 USA, Inc., Columbus Networks USA, Inc., and Columbus New Cayman Limited, I hereby certify that the foregoing Information Request response, 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: Brendan Paddick Title: chief executive officer of ARCOS-1 USA, Inc. and Columbus Networks USA, Inc. president and chief operating officer of Columbus New Cayman Limited Date: June 2, 2015 DB3/200241393.1

CERTIFICATION On behalf of Columbus Networks, Limited, I hereby certify that the foregoing Information Request response, 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. s Ne Name: Perley McBs#de Title: Director Date: June 2, 2015


Document Created: 2015-06-02 18:03:06
Document Modified: 2015-06-02 18:03:06
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