DA 05-1269

April 29, 2005

**ACTIONS TAKEN UNDER CABLE LANDING LICENSE ACT**

**Section 1.767(a) Cable Landing Licenses, Modifications, and
Assignments or Transfers of Control of Interests in Cable Landing
Licenses (47 C.F.R. § 1.767(a))**

**By the Chief, Policy Division, International Bureau:**

Pursuant to 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), Executive Order No. 10530, Exec. Ord. No. 10530 *reprinted as
amended in* 3 U.S.C. § 301, and section 1.767 of the Commission's rules,
47 C.F.R. § 1.767, the following application IS GRANTED. This grant of
authority is taken under section 0.261 of the Commission's rules, 47
C.F.R. § 0.261, and is effective upon release of this public notice.
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 this public
notice.

This public notice serves as each cable landing licensee's Cable Landing
License, or modification thereto, pursuant to the Cable Landing License
Act and sections 1.767 and 1.768 of the Commission's rules. Cable
landing licensees should review carefully the terms and conditions of
their licenses. Failure to comply with these terms and conditions or
relevant Commission rules and policies could result in fines or
forfeitures.

The Commission most recently amended its rules applicable to submarine
cable landing licenses in *Review of Commission Consideration of
Applications under the Cable Landing License Act*, IB Docket No. 00-106,
FCC 01-332, 16 FCC Rcd 22167 (2001), 67 Fed. Reg. 1615 (Jan. 14, 2002).
An updated version of sections 1.767 and 1.768 of the rules is available
at <http://www.fcc.gov/ib/pd/pf/telecomrules.html>. *See also*
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-598A1.pdf> for
a March 13, 2002 Public Notice;
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-332A1.pdf> for
the December 14, 2001 Report and Order.

**SCL-LIC-20050304-00011 Tyco Telecommunications (US) Inc.**

> **SUBMARINE CABLE LANDING LICENSE**

[Action Taken]{.underline}: Grant of a separate submarine cable landing
license to Tyco Telecommunications (US) Inc. for the mostly-unbuilt
original southern segment of the Tyco Pacific submarine cable, extending
between California, Hawaii, and Guam.

The Tyco Pacific submarine cable landing license (File No.
SCL-LIC-20000717-00026) currently is held jointly by Tyco
Telecommunications (US) Inc. ("Tyco Telecom") and its affiliate Tyco
Networks (Guam) L.L.C. ("Tyco Guam"). As originally approved by the
Commission, the Tyco Pacific cable system included a southern segment
extending between California, Hawaii and Guam. Southern Segment A
consisted of the whole of the submarine cable system between and
including the system interface at the Piti, Guam cable station to be
built and owned or controlled by TyCom Networks (Guam) LLC, now Tyco
Guam, and the system interface at a new cable station to be built and
owned or controlled by TyCom Networks (US) Inc. ("TyCom US"), the
predecessor-in-interest to Tyco Telecom, in Honolulu, Hawaii. Southern
Segment B consisted of the whole of the submarine cable system between
and including the system interface at the Hawaii cable station and a
system interface in Los Angeles, California to be built and owned or
controlled by TyCom US.

In November 2002, the Commission granted a request to modify the Tyco
Pacific submarine cable landing license (File No.
SCL-MOD-20020826-00079). The modification approved the construction of a
new southern segment between Nedonna Beach/Hillsboro, Oregon and
Toyohashi, Japan, which subsequently was constructed and placed into
operation. The modification also specified that the joint licensees
would defer construction of the previously-planned
California-Hawaii-Guam southern segment, except for an
already-constructed six-mile stub extending from Hermosa Beach,
California. The joint licensees have not built the remainder of the
California-Hawaii-Guam southern segment. The six-mile-long stub
currently does not connect the Hermosa Beach beach landing with any U.S.
or foreign point and is not capable of being operational absent further
construction.

In a separate action today, we grant two applications (File Nos.
SCL-ASG-20050304-00003 and SCL-T/C-20050304-00005) that seek consent to
assign or transfer control of essentially all of the built portions of
Tyco Pacific, a non-common carrier cable, to VSNL Telecommunications
(US) Inc. ("VSNL USA").[^1] These applications, however, do not request
authority for VSNL USA to acquire the mostly unbuilt original southern
segment of Tyco Pacific. Instead, the joint licensees request, and in
our separate action today we grant, the modification of the Tyco Pacific
cable landing license to remove the California-Hawaii-Guam original
southern segment, currently unbuilt except for a six-mile-long stub.[^2]
Prior to closing the assignments and transfer of control described in
File Nos. SCL-ASG-20050304-00003 and SCL-T/C-20050304-00005, Tyco Guam
will assign to Tyco Telecom, on a *pro forma* basis, its entire
ownership interest in the original southern segment
(California-Hawaii-Guam), including its interests in any new cable
landing license issued for that segment.[^3] Thus, at the time of
closing, Tyco Guam will have no interest in the unbuilt southern
segment, the cable stub, or the separate cable landing license that we
here issue for the unbuilt segment and cable stub.

We assign File No. SCL-LIC-20050304-00011 to this separate cable landing
license for the original southern segment of Tyco Pacific.

[Conditions and Requirements]{.underline}:

Our issuance of the cable landing license is subject to the conditions
set out in 47 C.F.R. § 1.767(g)(1)-(14). We will continue to regulate
the California-Hawaii-Guam cable as a non-common carrier facility.
Section 1.767(g)(10) of the rules, 47 C.F.R. § 1.767(g)(10), reserves
the right of the Commission to impose common carrier regulation if it
finds that the public interest so requires. Section 1.767(g)(8), 47
C.F.R. § 1.767(g)(8), requires Tyco Telecom to provide the specific
landing point and cable station locations prior to construction. Tyco
shall notify the Commission within 30 days of today's date that it
accepts the cable landing license.

[Cable Design and Capacity]{.underline}:

Between and including a system interface at the Piti, Guam cable station
and a system interface at a new cable station to be built and owned or
controlled by Tyco Telecom at Honolulu, Hawaii; and between and
including the system interface at the Honolulu, Hawaii cable station and
a system interface at a Los Angeles cable station to be built and owned
or controlled by Tyco Telecom, with a landing at Hermosa Beach,
California. *See also Tycom Networks (US) Inc. and Tycom Networks (Guam)
L.L.C.*, 15 FCC Rcd 24078 (Int'l Bur. 2000) (original southern segment).

\- FCC -

[^1]: *Tyco Telecommunications (US) Inc., Assignor and VSNL
    Telecommunications (US) Inc., Assignee, et al., Assignments,
    Transfer of Control*, *and Modification,* File Nos.
    SCL-ASG-20050304-00003, SCL-T/C-20050304-00005,
    SCL-MOD-20050304-00004, Public Notice, Actions Taken Under Cable
    Landing License Act, DA 05-1268 (PD/Int'l Bur. Apr. 29, 2005).

[^2]: *See supra* note 1 (granting SCL-MOD-20050304-00004). *See also*
    Letter to Marlene H. Dortch, Secretary, Federal Communications
    Commission, from Kent D. Bressie, Counsel for Tyco
    Telecommunications (US) Inc. and Tyco Networks (Guam) L.L.C., dated
    March 15, 2005.

[^3]: *See* File No. SCL-MOD-20020412-00027, amending the Tyco Pacific
    cable landing license to permit the filing of post-transaction
    notifications of *pro forma* transfers or assignments.