Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | SCL-LIC-20000620-00024       |
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| 360pacific (USA) inc.            | ) |                              |
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| Application for a License to     | * |                              |
| Land and Operate in the United   |   |                              |
| States a Private Submarine Fiber | * |                              |
| Optic Cable between the United   | * |                              |
| States and Japan                 | ) |                              |
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**CABLE LANDING LICENSE**

**Adopted: November 17, 2000 Released: November 20, 2000**

Before the: Chief, Telecommunications Division

# Introduction

### In this order, we grant the Application of 360pacific (USA) inc. ("360pacific"), under the Cable Landing License Act[^1] and Executive Order No. 10530,[^2] for authority to land and operate a private fiber optic submarine cable system to be called the 360pacific Cable Network ("360pacific CN"), extending between the United States and Japan. We find that Applicants have provided sufficient evidence to demonstrate that the capacity of the 360pacific CN will be sold or leased to users on a non-common carrier basis. We conclude that 360pacific has provided sufficient information under our rules to comply with the Cable Landing License Act and that it would serve the public interest to grant the cable landing license subject to the routine conditions listed below.

# Application

2.  According to the Application, 360pacific, a Nevada corporation, is a
    wholly-owned subsidiary of 360pacific (Denmark) ApS, a Denmark
    corporation.[^3] 360pacific (Denmark) ApS is a wholly-owned
    subsidiary of 360pacific (Bermuda) ltd., a Bermuda company, which
    is, in turn, a wholly-owned subsidiary of 360pacific (Bermuda)
    holdings ltd., a Bermuda company.[^4] 360pacific (Bermuda) holdings
    ltd. is wholly owned by360atlantic (Bermuda1) holdings ltd., a
    Bermuda company. 360atlantic (Bermuda 1) holdings ltd. is wholly
    owned by 360networks (infrastructure holdings) ltd., a Canadian
    company. 360networks (infrastructure holdings) ltd. is wholly owned
    by 360networks inc. ("360networks") (formerly known as Worldwide
    Fiber Inc.), a Canadian company.[^5] 360networks is a publicly
    traded company on the Nasdaq and Toronto Stock Exchanges. Worldwide
    Fiber Holdings Ltd., a Canadian company with interests in the
    construction and communications industries, and Ledcor Limited
    Partnership, a Canadian partnership, own approximately 66 percent of
    360networks.[^6] The remaining shares of 360networks are held by
    officers and directors of 360networks or are widely held. The
    general partner of Ledcor Limited Partnership is Ledcor Industries
    Limited, a Canadian company and a wholly-owned subsidiary of Ledcor
    Inc., a privately held Canadian company.[^7] One hundred percent of
    the common shares of Worldwide Fiber Holdings Ltd. are held by
    Ledcor Industries Limited. The majority ownership of Ledcor Inc. is
    held by the Lede family, who are Canadian citizens.[^8]

3.  As shown in Exhibit A attached to this Order, the proposed
    360pacific CN system will connect landing points at: Bandon, Oregon;
    Seattle, Washington; Oahu, Hawaii -- North; Oahu, Hawaii -- South;
    Shim, Japan; and Maruyama, Japan.[^9] Two paired landing stations,
    north and south, are planned in Japan. From Japan, the 360pacific CN
    will connect with another planned cable network, the 360asia Cable
    Network, which is planned to connect Japan, South Korea, China,
    Malaysia, the Philippines, Hong Kong, Singapore, and India.
    Additional landing points in Bangladesh, Vietnam, and Brunei may
    also be added to the 360asia CN in the future.[^10]

4.  Applicants assert that the 360pacific CN will be configured as two
    protected rings, allowing protection switching to occur in each ring
    independently and enhancing network survivability. It will be
    comprised of six fiber pairs with an initial capacity of 320 Gb/s,
    upgradable according to customer demand to 3.84 Tb/s. The system
    length will be approximately 22,323 kilometers. The cable will be
    armored wherever the water depth is less than 1,500 meters and
    buried to a depth of 1.5 meters wherever the water depth is less
    than 1,500 meters and seabed conditions permit, in conformity with
    normal industry practices. The system will be engineered at an
    availability of 99.99 percent (less than 52 minutes outages per
    year) and a Bit Error Rate of less than 1E-13. 360pacific seeks to
    place the 360pacific CN in commercial service in the third quarter
    2002.[^11]

# Comments

5.  We placed the Application on public notice on June 30, 2000.[^12] We
    received no comments. Pursuant to Section 1.767(b) of the
    Commission's rules,[^13] the Cable Landing License Act, and
    Executive Order No. 10530, we informed the Department of State of
    the Application.[^14] The Department of State, after coordinating
    with the National Telecommunications and Information Administration
    and the Department of Defense, stated that it has no objection to
    the issuance of the cable landing license.[^15]

# Discussion

## Private Submarine Cable Policy

6.  360pacific proposes to use its cable system on a non-common carrier
    basis, offering bulk capacity to a specific class of eligible users,
    including common carriers, on an original ownership, indefeasible
    right of use (IRU), or lease-of-capacity basis.[^16] Applicants
    assert that capacity will not be offered indifferently to the
    public.[^17] Given this, 360pacific requests a license under the
    Commission's private submarine cable policy, which is intended to
    promote competition in the provision of international transmission
    facilities.[^18] Pursuant to this policy, the Commission has
    authorized non-common carrier cables where: (1) there is no legal
    compulsion to serve the public indifferently; and (2) there are no
    reasons implicit in the nature of the operations to expect that the
    applicant would make capacity available to the public indifferently
    and indiscriminately.[^19]

7.  In applying the first prong of the test to submarine cable
    authorizations, the Commission has stated that there will be no
    legal compulsion to serve the public indifferently where there is no
    public interest reason to require facilities to be offered on a
    common carrier basis.[^20] This public interest analysis has
    generally focused on the availability of alternative common carrier
    facilities. Where there are sufficient alternatives, the Commission
    has found that the public interest does not require the licensee to
    offer capacity on the proposed cable on a common carrier basis, but
    rather that, in those circumstances, the public interest would be
    served by allowing a submarine cable to be operated on a non-common
    carrier basis.[^21]

8.  360pacific asserts that there are sufficient existing and planned
    facilities on the U.S.-Japan route to prevent it from exercising
    market power in offering services to the public.[^22] Specifically,
    360pacific asserts that alternative common and non-common carrier
    submarine cables serving this route include: HAW-4/TPC-3;[^23] NPC
    (authorized an a non-common carrier basis to serve the U.S.
    Mainland, Alaska, and Japan);[^24] TPC-4 (authorized on a common
    carrier basis to serve the U.S. mainland, Canada, and Japan); [^25]
    and TPC-5 (authorized on a common carrier basis to serve the U.S.
    Mainland, Hawaii, Guam, and Japan).[^26] Additionally, 360pacific
    asserts that Tyco International, Ltd., recently announced plans to
    build a transatlantic and transpacific cable network that will
    compete with the 360pacific CN for customers.[^27] 360pacific
    contends that, given the existence of multiple common carriers on
    the relevant route and the fact that 360pacific CN's offerings will
    not be made available indifferently to the public, there is no
    public interest reason to require 360pacific CN to be operated on a
    common carrier basis.[^28] With regard to the first prong,
    therefore, we do not find a legal compulsion for 360pacific to serve
    the public indifferently.

9.  Regarding the second prong of the test, we conclude that there is no
    reason to expect that capacity in the proposed cable system would be
    held out to the public indifferently. 360pacific states that
    capacity will not be sold indifferently to the user public. Rather,
    capacity will be assigned pursuant to individualized decisions in
    particular cases, whether and on what terms to deal, and bulk
    capacity will be offered to a significantly restricted class of
    users, including common carriers.[^29]

10. Under Section 1.767(a)(8) of the Commission's rules, 360pacific is
    required to disclose its affiliations with foreign carriers.[^30]
    360pacific certifies that it is affiliated with the following
    foreign carriers: 360networks (fiber1) ltd. (Canada); Ledcor
    Industries Limited (Canada); 360atlantic (Canada) Inc. (Canada);
    360atlantic (Ireland) limited (Ireland); 360atlantic (U.K.) limited
    (United Kingdom; CGC Services Ltda. (Brazil).[^31] 360pacific
    asserts that none of the countries in which 360pacific's foreign
    carrier affiliates operate are landing points for the 360pacific
    CN.[^32]

11. There were no comments filed on the application, and 360pacific has
    provided unopposed evidence of the availability of alternative
    cables serving the U.S.-Japan route. Given this unopposed evidence,
    we find that the public interest does not require that we impose
    common carrier regulation on the operations of the 360pacific CN
    system at this time. Accordingly, we conclude that it is appropriate
    to license the 360pacific CN system on a non-common carrier basis.
    We also find that the Applicant will not provide a
    telecommunications service for a fee to such class of users as to be
    "effectively available directly to the public" and thus will not be
    a "telecommunications carrier" under the 1996 Act.[^33] We note,
    however, that we maintain the ability to impose common carrier, or
    common-carrier-like, obligations on the operations of this or any
    other submarine cable system if the public interest so
    requires.[^34]

## Ownership and Landing Points

12. We find that 360pacific has provided the ownership information
    required by Sections 1.767(a)(6) and 63.18 of the Commission's
    rules.[^35] 360pacific will own and control the U.S. landing
    stations and that portion of the 360pacific CN system located in
    U.S. territorial waters. 360pacific (Barbados) inc., a corporation
    organized under the laws of Barbados and a wholly-owned indirect
    subsidiary of 360networks inc., will own the portion of the cable
    located in international waters.[^36] Applicants assert that the
    cable landing stations in Japan will be owned or leased by a wholly
    owned indirect subsidiary of 360 networks, which will be organized
    under the laws of Japan. The portions of the cable located in
    territorial waters in Japan will also be owned by this Japanese
    affiliate. [^37]

13. 360pacific has provided the ownership information required by
    Section 63.18(h) of the Commission's rules. 360pacific provided the
    following list of 360pacific's 10 percent or greater shareholders,
    and 360pacific asserts that no other individual or entity directly
    or indirectly owns more than 10 percent of 360pacific:[^38]
    360pacific (Denmark) ApS owns 100 percent of 360pacific (USA) inc.;
    360pacific (Bermuda) ltd. owns 100 percent of 360pacific (Denmark)
    ApS; 360pacific (Bermuda) holdings ltd. owns 100 percent of
    360pacific (Bermuda) ltd.; 360atlantic (Bermuda 1) holdings ltd.
    owns 100 percent of 360pacific (Bermuda) holdings ltd.; 360networks
    (infrastructure holdings ) ltd. owns 100 percent of 360atlantic
    (Bermuda 1) holdings ltd.; 360networks inc. owns 100 percent of
    360netwroks (infrastructure holdings) ltd.; Worldwide Fiber Holdings
    Ltd. and Ledcor Limited partnership together hold approximately 66
    percent of the beneficial ownership of 360networks inc.[^39]

    **D. Environmental Impact**

14. The Commission has found that the construction of new submarine
    cable systems, individually and cumulatively, will not have a
    significant effect on the environment and therefore should be
    expressly excluded from its procedures implementing the National
    Environmental Policy Act of 1969.[^40] Therefore, 360pacific is not
    required to submit an environmental assessment, and this application
    is categorically excluded from environmental processing.

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E.  **Other Information**

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15. 360pacific states that Ledcor Industries Inc., an affiliate of
    360pacific, has been granted a cable landing license, jointly with
    fONOROLA Fiber Development Inc., for the AmeriCan-1 cable, which
    extends, or will extend, between Seattle, Washington, and Vancouver,
    British Columbia.[^41] 360atlantic(USA) inc., also an affiliate of
    360pacific, has received a license to construct and operate the
    360atlantic cable system (formerly the Hibernia cable system), which
    will connect cable stations in Boston, Massachusetts, and Halifax,
    Nova Scotia, with cable stations in Dublin, Ireland, and Liverpool,
    England.[^42]

16. 360pacific notes that the Commission recently granted 360networks
    and GlobeNet Communications Group Limited ("GlobeNet") authority to
    transfer control to 360networks of the submarine cable landing
    licenses and Section 214 authorizations held by subsidiaries of
    GlobeNet.[^43] 360pacific asserts that the acquisition was scheduled
    to close on June 20, 2000, and that, pursuant to this transaction,
    360networks will acquire control of all GlobeNet's subsidiaries,
    including: Atlantica USA LLC; the licensee of the Atlantica-1
    cable;[^44] TeleBermuda International limited, partial owner of the
    TAT-14 cable;[^45] and TeleBermuda International, L.L.C., licensee
    of the BUS-1 cable.[^46] Additionally, 360pacific asserts that
    360networks will obtain control of GlobeNet's operating subsidiaries
    in Brazil and Venezuela, which are currently have pending
    applications for authority to provide certain telecommunications
    services.[^47]

# Conclusion

17. For the reasons discussed above, we grant 360pacific's Application
    for authority to land and operate a non-common carrier fiber optic
    submarine cable extending between the United States and Japan,
    subject to the routine conditions listed below.

# Ordering Clauses

18. Consistent with the foregoing and pursuant to the Cable Landing
    License Act and Executive Order 10530, we hereby GRANT AND ISSUE
    360pacific a license to land and operate a non-common carrier fiber
    optic cable comprised of six fiber pairs with an initial capacity of
    320 Gb/s, upgradable according to customer demand to 3.84 Tb/s,
    extending between the United States and Japan. This grant is subject
    to all rules and regulations of the Commission; any treaties or
    conventions relating to communications to which the United States is
    or may hereafter become a party; any action by the Commission or the
    Congress of the United States rescinding, changing, modifying, or
    amending any rights accruing to any person hereunder; and the
    following conditions:

\(1\) The location of the cable system within the territorial waters of
the United States, its territories and possessions, and upon its shore
shall be in conformity with plans approved by the Secretary of the Army,
and the cable shall be moved or shifted by the Licensee at its expense
upon the request of the Secretary of the Army, whenever he or she
considers such course necessary in the public interest, for reasons of
national defense, or for the maintenance or improvement of harbors for
navigational purposes;

\(2\) The Licensee shall at all times comply with any requirements of
U.S. government authorities regarding the location and concealment of
the cable facilities, buildings, and apparatus for the purpose of
protecting and safeguarding the cable from injury or destruction by
enemies of the United States;

\(3\) The Licensee or any persons or companies controlling it,
controlled by it, or under direct or indirect common control with it do
not enjoy and shall not acquire any right to handle traffic to or from
the United States, its territories, or its possessions unless such
service be authorized by the Commission pursuant to Section 214 of the
Communications Act, as amended;

\(4\) The Licensee or any persons or companies controlling it,
controlled by it, or under direct or indirect common control with it
shall not acquire or enjoy any right to land, connect, or operate
submarine cables, that is denied to any other United States company by
reason of any concession, contract, understanding, or working
arrangement to which the Licensee or any persons controlling it,
controlled by it, or under direct or indirect common control with it are
parties;

\(5\) Neither this license nor the rights granted herein shall be
transferred, assigned, or in any manner either voluntarily or
involuntarily disposed of or disposed of indirectly by transfer of
control of the Licensee to any persons, unless the Commission shall give
prior consent in writing;

(6) The Licensee shall notify the Commission in writing of the precise
    locations at which the cable will land in Japan. Such notification
    with respect to any given landing location shall occur no later than
    90 days prior to commencing construction at the landing location.
    The Commission will give public notice of the filing of each
    description, and grant of this license will be considered final with
    respect to that landing location unless the Commission issues a
    notice to the contrary no later than 60 days after receipt of the
    specific description;

(7) Pursuant to Section 1.767(a)(8) of the Commission's Rules and in
    conformity with Section 63.18 (i) -- (k), Licensee shall submit to
    the Commission in writing an updated certification of its foreign
    carrier affiliates within 14 days of acquiring a new foreign carrier
    affiliation.

\(8\) The Commission reserves the right to require the Licensee to file
an environmental assessment or environmental impact statement should it
determine that the landing of the cable at those locations and
construction of necessary cable landing stations would significantly
affect the environment within the meaning of Section 1.1307 of the
Commission\'s procedures implementing the National Environmental Policy
Act of 1969; this license is subject to modification by the Commission
upon its review of any environmental assessment or environmental impact
statement that it may require pursuant to its rules;

\(9\) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C.
§ 35; Executive Order No. 10530, as amended; and Section 214 of the
Communications Act of 1934, as amended, 47 U.S.C. § 214, the Commission
reserves the right to impose common carrier regulation or other
regulation consistent with the Cable Landing License Act on the
operations of the cable system if it finds that the public interest so
requires;

\(10\) The Licensee shall maintain *de jure* and *de facto* control of
the U.S. portion of the cable system, including the cable landing
stations in the United States, sufficient to comply with the
requirements of this license;

\(11\) This license is revocable by the Commission after due notice and
opportunity for hearing pursuant to Section 2 of the Cable Landing
License Act, 47 U.S.C. § 35, or for failure to comply with the terms of
the authorizations;

\(12\) The Licensee shall notify the Commission in writing of the date
on which the cable is placed in service, and this license shall expire
25 years from such date, unless renewed or extended upon proper
application, and, upon expiration of this license, all rights granted
under it shall be terminated; and

\(13\) The terms and conditions upon which this license is given shall
be accepted by the Licensee by filing a letter with the Secretary,
Federal Communications Commission, Washington, D.C. 20554, within 30
days of the release of the cable landing license.

19. This Order is issued under Section 0.261 of the Commission's rules,
    47 C.F.R. § 0.261, and is effective upon release. Petitions for
    reconsideration under Section 1.106 or applications for review under
    Section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.115,
    may be filed within 30 days of the date of public notice of this
    order (see 47 C.F.R. § 1.4(b)(2)).

    FEDERAL COMMUNICATIONS COMMISSION

    Rebecca Arbogast

    Chief, Telecommunications Division

    International Bureau

    EXHIBIT A

    ![](media/image1.png){width="5.990277777777778in"
    height="7.740277777777778in"}

[^1]: 47 U.S.C. §§ 34-39.

[^2]: Exec. Ord. No. 10530, Sec. 5(a), reprinted as amended in 3 U.S.C.
    § 301 (1994).

[^3]: *See* Application at 2.

[^4]: *See id.*

[^5]: *See id.* at 3.

[^6]: *See id.*

[^7]: *See id.*

[^8]: *See id.*

[^9]: *See* Exhibit A, attached to this order.

[^10]: *See Application* at 1.

[^11]: *Id.* at 4-5.

[^12]: *See Non Streamlined International Applications Accepted for
    Filing*, Public Notice, Report Nos. TEL-00235NS (IB/TD rel. June 30,
    2000).

[^13]: 47 C.F.R. § 1.767(b).

[^14]: Letter from George Li, Deputy Chief, Telecommunications Division,
    International Bureau, Federal Communications Commission, to Steven
    Lett, Deputy U.S. Coordinator, Office of International
    Communications and Information Policy, U.S. Department of State,
    filed June 29, 2000.

[^15]: Letter from Geoffrey Chapman, Acting United States Coordinator,
    International Communications and Information Policy, U.S. Department
    of State, to Donald Abelson, Chief, International Bureau, Federal
    Communications Commission filed November 6, 2000.

[^16]: *See* Application at 6.

[^17]: *Id*.

[^18]: *See id.* at 5; *Tel-Optik Limited, Application for a License to
    Land and Operate in the United States a Submarine Cable Extending
    Between the United States and the United Kingdom, File Nos.
    I-SCL-84-002, I-SCL-84-003, Submarine Lightwave Cable Company,
    Application for a License to Land and Operate in the United States a
    High Capacity Fiber Optic Digital Submarine Cable Extending Between
    the United States and other North American Countries, on the Other
    Hand*, File No. S-C-L-85-001, Memorandum Opinion and Order, 100 FCC
    2d 1033, 1040-42, 1046-48, ¶¶ 18-20, 27-31 (1985).

[^19]: *National Association of Regulatory Utility Commissioners v.
    FCC*, 525 F.2d 630, 642 (D.C. Cir. 1976) (*NARUC*), *cert. denied*,
    425 U.S. 992 (1976). The D.C. Circuit recently affirmed the
    continuing use of the *NARUC* test in light of the addition of the
    terms \"telecommunications carrier\" and \"telecommunications
    service\" in the Communications Act as part of the
    Telecommunications Act of 1996. *See Virgin Islands Telephone
    Corporation v. FCC*, 198 F.3d 921 (D.C. Cir. 1999); *Cable &
    Wireless, PLC, Application for a License to Land and Operate in the
    United States a Private Submarine Fiber Optic Cable Extending
    Between the United States and the United Kingdom*, File No.
    SCL-9-005, Cable Landing License, 12 FCC Rcd 8516, 8522, ¶ 14 (1997)
    (*Cable & Wireless Order)*; *AT&T Corp. et. al., Joint Application
    for a License to Land and Operate a Submarine Cable Network Between
    the United States and Japan,* File No. SCL-LIC-19981117-00025, Cable
    Landing License, 14 FCC Rcd 13066, 13080, at ¶ 39 (1999)
    (*Japan-U.S. Order*).

[^20]: *See, e.g., Cable & Wireless Order*, 12 FCC Rcd 8516 at 8522-23,
    ¶¶ 14-17.

[^21]: *Id.,* 12 FCC Rcd 8516 at 8522-23, ¶¶ 15-17.

[^22]: S*ee* Application at 6-7.

[^23]: *AT&T For Authority Pursuant to Section 214 of the Communications
    Act of 1934, as Amended, to Conform the Assignment of Capacity in
    the HAW-4/TPC-3 Cable System, as Previously Authorized, to the
    Assignment of Capacity Agreed to by the HAW- 4/TPC-3 Owners in
    Amendatory Agreement No. 1, Signed October 2, 1987, to the
    Construction and Maintenance Agreement,* File Nos. ITC-85-219,
    ITC-88-024, Order and Authorization, 3 FCC Rcd 940 (1988).

[^24]: *See Pacific Telecom Cable, Inc., Application for a License to
    Land Operate in the United States a Private Submarine Cable Between
    The United States and Japan*, File No. ISCL-86-002-M, Cable Landing
    License, 7 FCC Rcd 8061 (1989); *see also Pacific Telecom Cable,
    Inc.*, Conditional Cable Landing License, 2 FCC Rcd 2686 (1987). NPC
    is currently in service.

[^25]: *See AT&T et. al, Joint Application for a License to Land and
    Operate a High Capacity Digital Submarine Cable Systems Extending
    from the United States mainland to Canada and Japan*, File No.
    SCL-89-004, Cable Landing License, 4 FCC Rcd 8040 (1989). TPC is
    currently in service.

[^26]: *See AT&T et. al, Joint Application for Section 214 Authority to
    Construct, Acquire Capacity in and Operate a High Capacity Digital
    Submarine Cable System Between the United States Mainland, the State
    of Hawaii, the Island of Guam and Japan*, File No. ITC-92-179,
    Memorandum Opinion, Order and Authorization, 7 FCC Rcd 7758 (CCB
    1992). TPC-5 is currently in service.

[^27]: *See* Laura Joahannes, "Tyco to Build Vast Undersea Network,"
    *Wall St. J.* (Jan. 17, 2000). 360pacific also asserts that multiple
    telecommunications companies have announced a project to construct a
    new cable, the Asia Pacific Cable Network 2 (APCN 2), connecting
    Japan, South Korea, China, Taiwan, Hong Kong, Malaysia, Singapore,
    and the Philippines. "Telstra Will Join Telecom Companies in
    Financing \$1 Billion Cable in Asia," *Wall St. J.* (April 19,
    2000); *see also* "Concert and Japan Telecom Plain Asian Subsea
    Cable," [www.totaltele.com](http://www.totaltele.com/) World News
    Article (June 1, 2000).

[^28]: *See* Application at 7.

[^29]: *See id* at 6.

[^30]: *See* 47 C.F.R. § 1.767(a)(8).

[^31]: *See* Application at 9-11.

[^32]: *See id* at 9.

[^33]: *See* 47 U.S.C. § 153(44) (defining "telecommunications
    carrier"); *Cable & Wireless Order*, 12 FCC Rcd at 8523, ¶ 17.

[^34]: *See, e.g., Review of Commission Consideration of Applications
    Under the Cable Landing License Act*, IB Docket No. 00-106, Notice
    of Proposed Rulemaking, FCC 00-210 at ¶ 65 (rel. June 22, 2000);
    *Japan-U.S. Order,* 14 FCC Rcd 13066 at 13080-81, ¶¶ 39-40.

[^35]: *See* Application at 8. 360pacific states that because 360pacific
    is owned by Danish, Bermudan, and Canadian Companies, the U.S.
    landing stations and adjoining submarine segments in U.S.
    territorial waters will be indirectly owned by non-U.S. Companies.
    We note that the Commission has stated that it no longer will
    routinely impose restriction on foreign ownership of cable landing
    stations unless the State Department has objections based on
    national security concerns. *See Rules and Policies on Foreign
    Participation in the U.S. Telecommunications Market,* IB Docket No.
    95-22, *Market Entry and Regulation of Foreign Affiliated Entities,*
    IB Docket No. 95-22, Report and Order and Order on Reconsideration,
    *Foreign Participation Order*, 12 FCC Rcd 23891, 23934, at ¶ 50
    (1997) (*Foreign Participation Order*), Order on Reconsideration,
    FCC 00- 339 (2000)**;** *see also fONOROLA Fiber Development Inc.
    Ledcor Industries Inc., Application for a License to Land and
    Operate in the United States a Private Fiber Optic Submarine Cable
    System Extending Between the United States and Canada*, File No.
    SCL-98-001, Cable Landing License, 13 FCC Rcd 15663 (IB/TD, rel.
    Aug. 19, 1998) (authorizing a cable landing station indirectly owned
    by two Canadian companies) (*fONOROLA I)*; fO*NOROLA Fiber
    Development Inc. Ledcor Industries Inc., Application for
    Modification of License to Land and Operate in the United States a
    Private Fiber Optic Submarine Cable System Extending Between the
    United States and Canada*, File No. SCL-AMD-19980831-00015,
    Modification of Cable Landing License, 14 FCC Rcd. 1961 (IB/TD, rel.
    Dec. 21, 1998) (*fONOROLA II)*.

[^36]: *See* Letter from Sophie J. Keefer, Counsel to 360pacific (USA)
    inc., to Magalie Roman Salas, Secretary, Federal Communications
    Commission, filed June 30, 2000.

[^37]: *See* Application at 5, 8.

[^38]: 360pacific also asserts that 360pacific has no interlocking
    directorates with a foreign carrier. *See* Application at 9.

[^39]: *See* Application at 8, Exhibit B.

[^40]: *See* 47 C.F.R. § 1.1306 Note 1 (as amended 1999); *1998 Biennial
    Regulatory Review -- Review of International Common Carrier
    Regulations*, IB Docket No. 98-118, Report and Order, 14 FCC Rcd
    4909, 4937-38 at ¶¶ 67-69.

[^41]: *See fONOROLA I*, 13 FCC Rcd 15663 ; *fONOROLA II,*14 FCC Rcd
    1961; *fONOROLA Fiber Development Inc.; Ledcor Industries Inc.*,
    *Application for Modification of License to Land and Operate in the
    United States a Private Fiber Optic Submarine Cable System Extending
    Between the United States and Canada*, File No.
    SCL-AMD-19981112-00026, Second Modification of Cable Landing
    License, 14 FCC Rcd 4507 (IB/TD, rel. Mar. 31 1999) (modifying the
    cable landing license to add Fiberco Telecommunications Corporation
    as a third licensee).

[^42]: *See Worldwide Telecom (USA) Inc., Application for a License to
    Land and Operate in the United States a Private Fiber Optic
    Submarine Cable System Extending Between the United States, Canada,
    Ireland, and the United Kingdom*, File No. SCL-LIC-19990804-00012,
    Cable Landing License, 15 FCC Rcd 765 (IB/TD, rel. Jan. 14, 2000)
    (non-common carrier cable).

[^43]: *Acquisition of GlobeNet Communications Group Limited by
    360networks inc.*, FCC File Nos. ITC-T/C 20000328-00186,
    SCL-T/C-20000328-0010, Memorandum Opinion and Order DA 00-1348
    (IB/TD, rel. June 20, 2000).

[^44]: *See Atlantica USA LLC, Application for a License to Land and
    Operate in the United States a Private, Fiber Optic Submarine Cable
    System Extending Between the United States, Venezuela, Brazil and
    Bermuda (the Atlantica-I Network),* File No. SCL-LIC-19990602-00010,
    Cable Landing License, 14 FCC Rcd 20787 (TD/IB, rel. Dec. 10, 1999).

[^45]: *See TeleBermuda International, LLC, Application for Consent to
    Transfer of Control of TeleBermuda International, LLC to TeleBermuda
    International Limited*, FCC File No. SCL-LIC-19990303-00004,
    Memorandum Opinion and Order, DA 99-2381 (IB/TD, rel. Sep.30, 1999).

[^46]: See *TeleBermuda International, L.L.C. Application for a License
    to Land and Operate a Private Submarine Fiber Optic Cable between
    the United States and Bermuda*, File No. SCL-95-009, Memorandum,
    Opinion and Order, 11 FCC Rcd 21141, (IB/TD, rel. Dec. 6, 1996)
    (authorizing TeleBermuda International, L.L.C. to land and operate
    BUS-1, a digital private fiber optic submarine cable system
    extending between the United States and Bermuda, on a non-common
    carrier basis); *see also TeleBermuda International, L.L.C.,
    Application for Transfer of Control of TeleBermuda International,
    L.L.C. to TeleBermuda International Limited*, File No.
    SCL-T/C-19990210-00003 Memorandum Opinion and Order, 14 FCC Rcd
    18951 (IB/TD, rel. Oct. 29, 1999) (authorizing the transfer of
    control of the BUS-1 submarine cable landing license held by
    TeleBermuda International, L.L.C., to TeleBermuda International
    Limited).

[^47]: *See* Application at 11-13.