Before the

######### Federal Communications Commission

**Washington, D.C. 20554**

In the Matter of )

)

SAC LANDING CORP. )

)

Application for a License to Land and Operate in the ) File No.
SCL-LIC-19990823-00015

United States a Digital Submarine Cable )

System between the U.S. Virgin Islands, )

Brazil, Argentina, Chile, Peru, Colombia )

and Panama )

**CABLE LANDING LICENSE**

**Adopted: February 16, 2000** **Released: February 17, 2000**

By the Chief, Telecommunications Division:

**I. Introduction**

1.  In this Order, we grant the Application of SAC Landing Corp. 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 \"South American Crossing\" or \"SAC,\"
    extending between St. Croix, U.S. Virgin Islands; Fortaleza, Brazil;
    Rio de Janeiro, Brazil; Santos, Brazil; Las Toninas, Argentina;
    Valparaiso, Chile; Lurin, Peru; Buenaventura, Colombia; and Fort
    Amador, Panama. This system will be operated on a non--common
    carrier basis. We find that SAC Landing Corp. 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 conditions listed
    below.

**II. Application**

2.  According to the Application, SAC Landing Corp., a Delaware
    corporation, is a wholly owned subsidiary of South American Crossing
    Ltd., (SAC Ltd.) a Bermuda company, which, through a series of
    intermediate holding companies, is an indirect wholly-owned
    subsidiary of Global Crossing Ltd. (Global Crossing), a Bermuda
    company majority owned by U.S. interests.[^3] SAC Landing Corp. will
    own the St. Croix cable station and will own the cable terminal
    equipment and the U.S. territory portions of SAC from the landing
    station to the points that are one-half mile beyond the U.S.
    territorial limit.[^4] Wholly-owned subsidiaries of SAC Ltd.[^5]
    will own or lease space in, and will own the terminal equipment in
    the Panama, Brazil, Argentina, Chile, Peru and Colombia cable
    stations. These entities will also own the portions of SAC from the
    cable stations to the points that are one-half mile beyond the
    territorial limits of these countries. SAC Ltd. will own, directly
    or indirectly, the remaining portions of SAC.

3.  The proposed SAC system will connect: (1) St. Croix, U.S. Virgin
    Islands; (2) Fortaleza, Brazil; (3) Rio de Janeiro, Brazil; (4)
    Santos, Brazil; (5) Las Toninas, Argentina; (6) Valparaiso,
    Chile; (7) Lurin, Peru; (8) Buenaventura, Colombia; and (9) Fort
    Amador, Panama.[^6] According to the Application, SAC will be a
    four-fiber pair self-healing ring network that uses advanced dense
    wavelength division multiplexing technology to provide an initial
    system capacity of 40 Gbps for service and protection, upgradeable
    to 80 Gbps (two fiber pairs will initially be dark).[^7] Service and
    protection capacity will be routed on different fiber pairs
    providing ring and span switching protection. The System Interface
    is defined as a Synchronous Transport Module One (STM-1), 155 Mbps
    digital input/output port on the digital distribution frame
    (excluding the digital distribution frame itself). The Minimum
    Capacity Unit (MCU) will be an STM-1 (155 Mbps). Additionally,
    capacity may be made available for sale at the DS-3 level. The
    system will initially be capable of supporting 128 STM-1 MCUs of
    protected service. Operation of the SAC system is anticipated to
    begin in the third quarter 2000, with a scheduled system completion
    date in the first quarter of 2000.

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4.  According to the Application, SAC is one of a series of undersea
    cables being developed by Global Crossing, including the Pan
    American Crossing (PAC) undersea cable system, which will extend
    from Grover Beach, California to Mexico, Panama, Venezuela and the
    U.S. Virgin Islands.[^8] The PAC system will interconnect with the
    SAC system in Panama and the U.S. Virgin Islands. The SAC system
    will also connect, directly or indirectly, with three other undersea
    cable systems being developed by Global Crossing: the Atlantic
    Crossing system (AC-1), the Mid-Atlantic Crossing system (MAC), and
    the Pacific Crossing system (PC-1).[^9] These five systems, together
    with terrestrial systems being developed by Global Crossing
    companies in Japan, Europe and the United States, will form a high
    capacity, fiber optical global cable network. A route sketch
    depicting the five U.S.-based Global Crossing systems is attached to
    this Order.

**III. Comments**

5.  We placed the Application on public notice on September 17,
    1999.[^10] We received no comments. Pursuant to Section 1.767(b) of
    the Commission\'s rules,[^11] the Cable Landing License Act, and
    Executive Order No. 10530, we informed the Department of State of
    the Application.[^12] 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
    issuance of the cable landing license.[^13]

**IV. Discussion**

**A. Private Submarine Cable Policy**

6.  SAC Landing Corp. proposes to operate SAC as a non--common carrier
    submarine cable system in which capacity will not be offered
    indifferently to the user public. SAC Landing Corp. requests a
    license under the Commission\'s private submarine cable policy,
    which is intended to promote competition in the provision of
    international transmission facilities.[^14] 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.[^15]

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.[^16] This public interest analysis has
    generally focused on whether an applicant will be able to exercise
    market power because of the lack of alternative facilities.[^17]
    Where there are sufficient alternatives, the Commission has found
    that the licensee will lack market power and will not be able to
    charge monopoly rates for cable capacity.[^18] The Commission has
    found that, in those circumstances, the public interest would be
    served by allowing a submarine cable to be offered on a non-common
    carrier basis.[^19]

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8.  In the Application, SAC Landing Corp. states that it is not
    affiliated with any foreign carrier with market power in such
    affiliated carrier's home market, including the markets where SAC
    lands.[^20] In addition, SAC Landing Corp. asserts that there are
    sufficient existing and planned facilities on the routes to prevent
    it from exercising market power in offering services to the
    public.[^21] SAC Landing Corp. asserts that there are a number of
    planned common carrier and private cable systems in this
    region,[^22] including the following cables extending to one or more
    of the countries in which SAC will land: (1) Project
    Oxygen;[^23] (2) Americas II;[^24] (3) Pan American;[^25] and (4)
    Americas I.[^26]

9.  No one has advocated that the public interest requires SAC to be
    operated on a common carrier basis. Given the unopposed evidence of
    the availability of alternative cables and SAC Landing Corp's
    representation that none of its affiliates has market power in any
    of the cable's landing countries, we find that it would not serve
    the public interest to impose common carrier regulation on the
    operations of SAC at this time. 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.[^27] Furthermore, we have
    always maintained the authority to classify facilities as common
    carrier facilities subject to Title II of the Communications Act if
    the public interest requires that the facilities be offered to the
    public indifferently.[^28]

10. 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. SAC Landing Corp. states that
    capacity will not be sold indifferently to the user public. Rather,
    capacity will be assigned pursuant to individualized decisions, and
    bulk capacity will be offered to a significantly restricted class of
    users, such as common carrier cable consortia, common carriers, and
    large businesses.

11. We conclude that SAC Landing Corp. will not offer capacity in SAC to
    the public on a common carrier basis and that the public interest
    does not require that they do so. Accordingly, we conclude that it
    is appropriate to license SAC 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
    \"telecommunications carriers\" under the 1996 Act.[^29]

**B. Ownership and Landing Points**

12. SAC Landing Corp. has provided the ownership information required by
    Sections 1.767(a)(6) and 63.18 of the Commission\'s rules.[^30] SAC
    Landing Corp. is ultimately controlled by Global Crossing Ltd. SAC
    Landing Corp. will own or lease space in the St. Croix cable station
    and will own the cable terminal equipment and the U.S. territory
    portions of SAC from the landing stations to the points that are
    one-half mile beyond the U.S. territorial limit. Wholly-owned
    subsidiaries of SAC Ltd.[^31] will own or lease space in, and will
    own the terminal equipment in, the Brazil, Argentina, Chile, Peru,
    Colombia and Panama cable stations. These entities will also own the
    portions of SAC from the cable stations to the points that are
    one-half mile beyond the territorial limits of these countries. SAC
    Ltd. will own, directly or indirectly, the remaining portions of
    SAC. The Applicant states that it is affiliated within the meaning
    of Section 63.18(h)(1)(A) of the Commission\'s rules with a Japanese
    foreign carrier, Global Access Ltd., through Global Crossing Ltd.\'s
    minority investment in Global Access Ltd. Global Access Ltd. is a
    start-up venture. The Applicant is also affiliated, as a
    wholly-owned indirect subsidiary of Global Crossing, with entities
    that have become or are about to become foreign carriers in the
    following countries: Germany, France, the United Kingdom, the
    Netherlands, Belgium, Denmark, Switzerland, and Italy. Because the
    proposed cable does not land in any of the countries where the
    Applicant has affiliates, we find that these affiliations do not
    affect the granting of the Cable Landing License.

13. In addition, the Application states that an application for a
    non-carrier concession for SAC's Argentina landing entity would be
    filed shortly. The Applicant also anticipates that the SAC Ltd.
    landing entity in Colombia will require a carrier service provider
    concession, and that the SAC Ltd. landing entity in Peru will
    require an international carrier concession. An intermediate
    telecommunications service concession will be required for the
    landing entity in Chile. No telecommunications license is required
    for the SAC Ltd. landing entity in Brazil. To the extent any of
    these entities may be deemed foreign carriers under the Commission's
    rules, the Applicant states all are start-up companies and none have
    market power in their home markets, including the markets where SAC
    lands. Accordingly, we find that the Applicant's affiliations with
    these entities also do not affect the granting of the Cable Landing
    License.

14. The Applicant has stated that it will comply with Section
    1.767(a)(5) of the Commission\'s rules by providing specific
    information on the cable landing locations 90 days prior to
    commencing construction. We find the Applicant\'s description of the
    likely landing points to be sufficient to determine that the
    proposed cable system will comply with the provisions of the
    Commission rules. Section 1.767(a) of the Commission\'s rules
    permits applicants in an initial application to provide a general
    description of the landing points. The Applicant must file a
    specific description of any landing point, including a map, no later
    than 90 days prior to construction at that landing point. The
    Commission will give public notice of the filing of the specific
    description, and grant of the license will be considered final with
    respect to that landing point unless the Commission notifies the
    Applicant to the contrary no later than 60 days after receipt of the
    specific description of the landing point.

**C. Environmental Impact**

15. Based on the information provided by the Applicant and pursuant to
    the Commission\'s procedures implementing the National Environmental
    Policy Act of 1969,[^32] we find that acting on this Application
    would not significantly affect the environment according to Section
    1.1307(a) or (b) of the Commission\'s rules. Therefore, pursuant to
    Section 1.1306 of the Commission\'s rules, we conclude that grant of
    the requested license would not significantly affect the
    environment. Consequently, SAC Landing Corp. is not required to
    submit an environmental assessment, and this Application is
    categorically excluded from environmental processing.

**V. Conclusion**

16. We grant SAC Landing Corp.\'s Application for authority to land and
    operate a non-common carrier fiber optic submarine cable extending
    between St. Croix, U.S. Virgin Islands and Fortaleza, Brazil; Rio de
    Janeiro, Brazil; Santos, Brazil; Las Toninas, Argentina; Valparaiso,
    Chile; Lurin, Peru; Buenaventura, Colombia; and Fort Amador, Panama,
    subject to the conditions listed below.

**VI. Ordering Clauses **

17. Consistent with the foregoing and pursuant to the Cable Landing
    License Act and Executive Order 10530, we hereby GRANT AND ISSUE SAC
    Landing Corp. a license to land and operate a non--common carrier
    fiber optic cable four-fiber pair self-healing ring network that
    uses advance dense wavelength division multiplexing technology to
    provide an initial system capacity of 40 Gbps for service and
    protection, upgradeable to a minimum capacity of 80 Gbps**,**
    extending between the U.S. Virgin Islands, Brazil, Argentina, Chile,
    Peru, Colombia, and Panama. 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 on a common
carrier basis 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 for the purpose of handling or
interchanging traffic to or from the United States, its territories, or
its possessions to land, connect, or operate cables or land lines, to
construct or operate radio stations, or to interchange traffic, 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 St. Croix, U.S. Virgin Islands
and Fortaleza, Brazil; Rio de Janeiro, Brazil; Santos, Brazil; Las
Toninas, Argentina; Valparaiso, Chile; Lurin, Peru; Buenaventura,
Colombia; and Fort Amador, Panama. Such notification with respect to any
given landing location shall occur no later than 90 days prior to
commencing construction at that 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;

\(7\) 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;

\(8\) 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 or common-carrier-like
regulation on the operations of the cable system if it finds that the
public interest so requires;

\(9\) 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;

\(10\) 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;

\(11\) 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

\(12\) 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.

18. This Order is issued under Section 0.261 of the Commission\'s rules,
    47 C.F.R. § 0.261, and is effective upon adoption. 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

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[^1]:     ^?^ An Act Relating to the Landing and Operation of Submarine
    Cables in the United States, 47 U.S.C. §§ 34-39 (Cable Landing
    License Act).

[^2]:     ^?^ Exec. Ord. No. 10530 *reprinted* *as* *amended* in 3
    U.S.C. § 301.

[^3]:     ^?^ *See* SAC Landing Corp. Application to Land and Operate in
    the United States a Digital Submarine Cable System, filed Aug. 23,
    1999, at 3, 10 (Application).

[^4]:     ^?^ *Id*. at 7-8.

[^5]:     ^?^ SAC Ltd. will own greater than 99 percent of these
    entities with the remaining interest held by South American Crossing
    Holdings Ltd., the parent company of SAC Ltd.

[^6]:     ^?^ As shown in Exhibit A attached to this Order, SAC will
    consist of nine segments:

    Segment 1 will include the whole of the submarine cable system
    between and including the System Interface at the cable station in
    St. Croix, U.S. Virgin Islands and the System Interface at the cable
    station in Fortaleza, Brazil.

    Segment 2 will include the whole of the submarine cable system
    between and including the System Interface at the cable station in
    Fortaleza, Brazil and the System Interface at the cable station in
    Rio de Janeiro, Brazil.

    Segment 3 will include the whole of the submarine cable system
    between and including the System Interface at the cable station in
    Rio de Janeiro, Brazil and the System Interface at the cable station
    in Santos, Brazil.

    Segment 4 will include the whole of the submarine cable system
    between and including the System Interface at the cable station in
    Santos, Brazil and the System Interface at the cable station in Los
    Toninas, Argentina. Segment 4 also includes a Branching Unit for a
    potential additional landing site or interconnection.

    Segment 5 will include a terrestrial link, known as Trans Andean
    Crossing or TAC, that will connect the System Interface at the cable
    station in Los Toninas, Argentina and the System Interface at the
    cable station in Valparaiso, Chile.

    Segment 6 will include the whole of the submarine cable system
    between and including the System Interface at the cable station in
    Valparaiso, Chile and the System Interface at the cable station in
    Lurin, Peru.

    Segment 7 will include the whole of the submarine cable system
    between and including the System Interface at the cable station in
    Lurin, Peru and Branching Unit 1.

    Segment 8 will include the whole of the submarine cable system
    between and including Branching Unit 1 and the System Interface at
    the cable station in Buenaventura, Colombia.

    Segment 9 will include the whole of the submarine cable system
    between and including Branching Unit 1 and the System Interface at
    the cable station in Fort Amador, Panama.

[^7]:     ^?^ *See* Application at 5.

[^8]:     ^?^ *Id*. at 1-2.

[^9]:     ^?^ We granted U.S. landing licenses for AC-1 on Sept. 23,
    1997, for MAC and PAC on Mar. 18, 1999, and for PC-1 on Nov. 23,
    1998. The subsequent transfer of control of the AC-1 landing license
    from SSI Atlantic Crossing to GT Landing Corp., a wholly-owned
    subsidiary of Global Crossing, was granted on June 30, 1999. PC-1 is
    a joint venture between Global Crossing and Marubeni Corporation.

[^10]:     ^?^ *See Non Streamlined International Applications Accepted
    for Filing,* Public Notice, Report No. TEL-00135NS (rel. Sept. 17,
    1999).

[^11]:     ^?^ 47 C.F.R. § 1.767(b).

[^12]:     ^?^ Letter from Rebecca Arbogast, Chief, Telecommunications
    Division, International Bureau, Federal Communications Commission,
    to Steven W. Lett, Deputy U.S. Coordinator, Office of International
    Communications and Information Policy, U.S. Department of State
    (Sept. 22, 1999).

[^13]:     ^?^ Letter from Richard C. Beaird, Acting U.S. Coordinator,
    International Communications and Information Policy, U.S. Department
    of State, to Donald Abelson, Chief, International Bureau, FCC (Jan.
    10, 2000).

[^14]:     ^?^ *See* Tel-Optik, Ltd., *Memorandum Opinion and Order*,
    100 F.C.C.2d 1033, 1040-42, 1046-48 (1985); *see* *also* Cable &
    Wireless, plc, *Cable Landing License*, 12 FCC Rcd 8516 (1997).

[^15]:     ^?^ *See Cable & Wireless*, 12 FCC Rcd at 8522; *see also*
    Optel Communications, Inc*., Conditional Cable Landing License*, 8
    FCC Rcd 2267 (1993); *National Association of Regulatory Utility
    Commissioners v. FCC*, 525 F.2d 630, 642 (D.C. Cir.) *(NARUC I),
    cert. denied*, 425 U.S. 992 (1976).

[^16]:     ^?^ *See, e.g., Cable & Wireless*, 12 FCC Rcd at 8522-23.

[^17]:     ^?^ *Id*.

[^18]:     ^?^ *Id*.

[^19]:     ^?^ *Id*.

[^20]:     ^?^ *See* Application at 8-9.

[^21]:     ^?^ *Id*. at n.15.

[^22]:     ^?^ *Id*. at 6.

[^23]:     ^?^ According to SAC Landing Corp., the route for Phase 1C of
    the Project Oxygen cable includes Panama-Venezuela, Ecuador-Peru,
    Uruguay-Brazil, Panama-Colombia. See Application at n.15. The
    Project Oxygen cable was recently authorized by the Commission on a
    private carrier basis, and we are not aware that it is currently in
    service.

[^24]:     ^?^ According to SAC Landing Corp., the route for the
    Americas II cable is Florida-Puerto Rico-Martinique-U.S. Virgin
    Islands-Curacao-Netherlands Antilles-Venezuela-Trinidad-Brazil. See
    Application at n.15. The Americas II cable, which was authorized by
    the Commission on a common carrier basis, is on schedule to be in
    service in February 2000.

[^25]:     ^?^ According to SAC Landing Corp., the route for the Pan
    American cable is St. Thomas-St.
    Croix-Aruba-Venezuela-Colombia-Panama-Ecuador-Peru-Chile. See
    Application at n.15. The Pan American cable, which was authorized by
    the Commission on a common carrier basis, is currently in service.

[^26]:     ^?^ According to SAC Landing Corp., the route for the
    Americas I cable is Florida-St. Thomas-Brazil-Trinidad-Venezuela.
    See Application at n.15. The Americas I cable, which was authorized
    by the Commission on a common carrier basis, is currently in
    service. It is our understanding that the capacity has been nearly,
    or completely, allocated for some time.

[^27]:     ^?^ *See* 47 U.S.C. § 35 (providing that a license may be
    granted \"upon such terms as shall be necessary to assure just and
    reasonable rates and service in the operation and use of cables so
    licensed\").

[^28]:     ^?^ *See Rules and Policies on Foreign Participation in the
    U.S. Telecommunications Market*, *Market Entry*, IB 97-142, *Market
    Entry and Regulation of Foreign Affiliated Entities*, IB 95-22,
    Report and Order and Order on Reconsideration, 12 FCC Rcd 23891,
    23934 ¶ 95 (1997), *recon. pending; Cable & Wireless*, 12 FCC Rcd at
    8530 ¶ 39; *AT&T Corp. et al*., Cable Landing License, 13 FCC Rcd
    16232, 16237 ¶ 15 (Int'l. Bur. 1998).

[^29]:     ^?^ *See* 47 U.S.C. § 153(44) (defining \"telecommunications
    carrier\"); Cable & Wireless, 12 FCC Rcd at 8523.

[^30]:     ^?^ *See* Application at 7-9 and Attachment C.

[^31]:     ^?^ SAC Ltd. will own greater than 99 percent of these
    entities with the remaining interest held by South American Crossing
    Holdings Ltd., the parent company of SAC Ltd.

[^32]:     ^?^ 47 C.F.R. §§ 1.1301--.1319 (1997).