DA 05-1268

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-ASG-20050304-00003 Tyco Telecommunications (US) Inc., Assignor and
VSNL Telecommunications (US) Inc., Assignee**

**ASSIGNMENT OF INTERESTS IN LICENSES**

**SCL-T/C-20050304-00005 Tyco International Ltd., Transferor, VSNL
Telecommunications (US) Inc., Transferee, and Tyco Networks (Guam)
L.L.C., Licensee**

**TRANSFER OF CONTROL**

**SCL-MOD-20050304-00004 Tyco Telecommunications (US) Inc. and Tyco
Networks (Guam) L.L.C.**

**MODIFICATION OF LICENSE**

On March 4, 2005, Tyco International Ltd. ("Tyco"), Tyco
Telecommunications (US) Inc. ("Tyco Telecom"), Tyco Networks (Guam)
L.L.C. ("Tyco Guam"), and VSNL Telecommunications (US) Inc. ("VSNL USA"
and, together with Tyco, Tyco Telecom, and Tyco Guam, the "Applicants")
filed the three above-captioned applications.[^1] On March 17, 2005, we
placed the applications on public notice.[^2] Today, we find that grant
of the applications serves the public interest, and we grant the
applications, subject to the listed conditions.

The three applications seek to: (1) assign Tyco Telecom's interests in
the two Tyco Global Network submarine cables that land in the United
States, Tyco Atlantic and Tyco Pacific, to VSNL USA; (2) transfer
control of Tyco Guam, a joint licensee with Tyco Telecom for the Tyco
Pacific cable, to VSNL USA; and (3) prior to the assignment and
transfer, modify the Tyco Pacific license to remove from the license the
authority to construct, land and operate the original southern segment
of the cable (unbuilt with the exception of a six-mile-long stub
extending from the Hermosa Beach, California landing) and issue a
separate cable landing license for that segment.[^3] Tyco Atlantic and
Tyco Pacific are two of five submarine cable systems (along with Tyco
Northern Europe, Tyco Western Europe, and Tyco Pan-Asia) collectively
known as the Tyco Global Network.[^4] Pursuant to a November 1, 2004
stock and asset purchase agreement, Videsh Sanchar Nigam Ltd. ("VSNL")
and various subsidiaries, including VSNL USA, will acquire the Tyco
Global Network as well as a terrestrial network of leased capacity and
dark fiber within the United States.[^5] Upon consummation of the
transaction, VSNL intends to rename Tyco Atlantic and Tyco Pacific.

Crest Communications Corporation ("Crest") filed a petition to deny and
reply against the applications.[^6] Crest objects to grant of the
applications on national security and competition grounds.[^7] Crest
argues that VSNL USA's purchase of Tyco Pacific would permit VSNL USA's
ultimate parent, VSNL, to preserve and strengthen its monopoly power in
the U.S.-India telecommunications market.[^8] Crest asks the Commission
to remove the applications from 45-day streamlined review and,
ultimately, to deny the applications.[^9] The Applicants respond that
Crest's allegations lack merit. They assert that the sale of Tyco
Atlantic and Tyco Pacific raises no competition or market access
concerns, in particular raising no competitive concerns on the
U.S.-Japan or transpacific routes served by Tyco Pacific.[^10]

On April 11, 2005, the U.S. Department of Justice, including the Federal
Bureau of Investigation ("DOJ/FBI"), the U.S. Department of Homeland
Security ("DHS"), and the U.S. Department of Defense ("DOD" and,
together with DOJ/FBI and DHS, the "Executive Branch Entities") and VSNL
USA, VSNL America and VSNL submitted a Joint Petition to Adopt
Conditions to Authorizations and Licenses ("Petition"). The Petition
states that on April 7, 2005 the Executive Branch Entities entered into
an agreement ("Agreement") with VSNL USA, VSNL America and VSNL that is
intended to ensure that the Executive Branch Entities and other entities
with responsibility for enforcing the law, protecting the national
security, and preserving public safety can proceed in a legal, secure,
and confidential manner to satisfy these responsibilities. The Petition
advises that the Executive Branch Entities do not object to the grant of
the above-referenced applications, provided that the Commission
conditions such grant on compliance with the commitments set forth in
the Agreement.[^11]

After careful consideration of the record in this proceeding, we
conclude that the concerns raised by Crest are not sufficient to
persuade us to remove the applications from streamlined treatment.[^12]
WE GRANT the applications, SUBJECT TO the conditions set forth
below.[^13]

The comments filed do not provide a basis to deny these applications.
Under Commission precedent, we defer to the Executive Branch's expertise
on national security and law enforcement issues. WE GRANT the Joint
Petition to Adopt Conditions to Authorizations and Licenses, and WE
CONDITION our grant of the applications in File Nos.
SCL-ASG-20050304-00003 and SCL-T/C-20050304-00005 on the commitments in
the Agreement, as set forth below. The commitments in the Agreement
address the Executive Branch's concerns regarding national security, law
enforcement, and public safety. We find no additional national security,
law enforcement or public safety concerns.

Moreover, we do not find credible evidence that the transaction is
likely to raise any significant competitive concern. Japan and the
United Kingdom, the destination markets for the two cables, are World
Trade Organization Members.[^14] Thus, under the Commission's rules,
VSNL USA is entitled to a rebuttable presumption that a grant of the
applications does not present competitive concerns that may arise by
virtue of VSNL's market power in India.[^15] Crest, however, does not
substantiate its claim that VSNL's purchase of Tyco Pacific raises
substantial potential harms to competition, either vertical or
horizontal. We find that the transaction will not result in a
significant increase in concentration on the U.S.-Japan or U.S.-U.K.
routes.[^16] The record does not support the contention that whoever
owns Tyco Pacific -- Tyco, VSNL, or some third entity -- would have
market power in the transpacific international transport market for the
Pacific Ocean Region.[^17] No VSNL entity operates submarine cable
facilities in Tyco Pacific's destination market of Japan or on the
U.S.-Japan route.[^18] Crest has not substantiated its claim that VSNL's
purchase of Tyco Pacific and Tyco Atlantic would strengthen VSNL's
existing ability to leverage its market power in the Indian market into
the transatlantic or transpacific international transport markets to the
detriment of U.S. consumers. As a result, we do not find record support
for Crest's request that we deny the applications or that we grant the
transfer and assignment applications conditioned on VSNL's divestiture
of two Tyco Pacific fiber pairs and/or on the imposition of common
carrier regulation, as Crest requests.[^19] Further, no VSNL entity has
or will have market power in the United Kingdom or Japan. Thus, pursuant
to the Commission's rules, the applications are eligible for 45-day
streamlined review.[^20] Therefore, WE DENY Crest's petition.[^21]

**Conditions and Requirements**

Our grant of the applications IS SUBJECT TO the following conditions:

**Tyco Atlantic:**

*See Tycom Atlantic (US) Inc., Application for a License to Land and
Operate a Private Fiber-Optic Cable System between the United States
Mainland and the United Kingdom*, File No. SCL-LIC-20000308-00007, 15
FCC Rcd 14881 (Int'l Bur. 2000) (initial license), as modified by File
Nos. SCL-MOD-20010201-00005, 16 FCC Rcd 3600 (Int'l Bur. 2001) (changes
to U.K. landing), SCL-MOD-20020412-00016 and SCL-MOD-20020412-00017, 17
FCC Rcd 12916 (Int'l Bur. 2002) (modification of conditions for Tyco
Atlantic cable). VSNL USA shall comply with the requirements of section
1.768 (notifications and prior approval for submarine cable landing
licensees that are or propose to become affiliated with a foreign
carrier), 47 C.F.R. § 1.768. VSNL USA shall notify the Commission of the
consummation of the transaction within 30 days of consummation, and
further shall notify the Commission of the new name given to Tyco
Atlantic.

Today's authorization to assign the Tyco Atlantic cable landing license
to VSNL USA, as well as the assigned Tyco Atlantic cable landing license
itself, ARE CONDITIONED on compliance with the provisions of the
Agreement between VSNL, VSNL USA, and VSNL America, on the one hand, and
the DOJ/FBI, DHS and DOD, on the other hand, which Agreement is designed
to address national security, law enforcement, and public safety
concerns of DHS, DOJ, FBI and DOD regarding the authority granted
herein. Nothing in this Agreement is intended to limit any obligation
imposed by Federal law or regulation including, but not limited to 47
U.S.C. § 222(a) and (c)(1) and the Commission's implementing
regulations.

**Tyco Pacific:**

*See Tycom Networks (US) Inc. and Tycom Networks (Guam) L.L.C.,
Application for a License to Land and Operate a Private Fiber-Optic
Cable System between the United States Mainland, Hawaii, Guam, and
Japan*, File No. SCL-LIC-20000717-00026, 15 FCC Rcd 24078 (Int'l Bur.
2000) (initial license), as modified by File Nos.
SCL-MOD-20010326-00010, 16 FCC Rcd 11778 (Int'l Bur. 2001) (changes to
cable landing stations), SCL-MOD-20020412-00027 and
SCL-MOD-20020412-00028, 17 FCC Rcd 12916 (PD/Int'l Bur. 2002)
(modification of conditions), File No. SCL-MOD-20020826-00079, 17 FCC
Rcd 22508, 22511 (PD/Int'l Bur. 2002) (approving new southern segment),
and File No. SCL-MOD-20050304-00004 (PD/Int'l Bur. Apr. 29, 2005)
(removing original southern segment). VSNL USA shall comply with the
requirements of section 1.768 (notifications and prior approval for
submarine cable landing licensees that are or propose to become
affiliated with a foreign carrier), 47 C.F.R. § 1.768. VSNL USA shall
notify the Commission of the consummation of the transaction within 30
days of consummation, and further shall notify the Commission of the new
name given to Tyco Pacific.

Today's authorization to assign Tyco Telecom's interests in the Tyco
Pacific cable landing license, and to transfer control of Tyco Guam, to
VSNL USA, as well as the Tyco Pacific cable landing license itself, as
modified, ARE CONDITIONED on compliance with the provisions of the
Agreement between VSNL, VSNL USA, and VSNL America, on the one hand, and
the DOJ/FBI, DHS and DOD, on the other hand, which Agreement is designed
to address national security, law enforcement, and public safety
concerns of DHS, DOJ, FBI and DOD regarding the authority granted
herein. Nothing in this Agreement is intended to limit any obligation
imposed by Federal law or regulation including, but not limited to 47
U.S.C. § 222(a) and (c)(1) and the Commission's implementing
regulations.

-FCC-

[^1]: Application for Assignment of a Cable Landing License for the Tyco
    Atlantic Submarine Cable System and a Jointly-Held Cable Landing
    License for the Tyco Pacific Submarine Cable System, File No.
    SCL-ASG-20040304-00003; Application for Transfer of Control of a
    Jointly-Held Cable Landing License for the Tyco Pacific Submarine
    Cable System, File No. SCL-T/C-20050304-00005; Application to Modify
    the Cable Landing License for the Tyco Pacific Submarine Cable
    System, File No. SCL-MOD-20050304-00004 (filed March 4, 2004).

[^2]: Streamlined Submarine Cable Landing License Applications Accepted
    for Filing, Public Notice, DA 05-700 (PD/Int'l Bur. March 17, 2005)
    ("Acceptable for Filing Public Notice").

[^3]: Our grant of the above-referenced modification application (File
    No. SCL-MOD-20050304-00004) filed by Tyco Telecom and Tyco Guam
    removes the California-Hawaii-Guam southern segment, currently
    unbuilt except for the six-mile-long stub, from the Tyco Pacific
    cable landing license. Applicants state that, prior to closing the
    transactions 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 any new cable
    landing license issued for that segment. (*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.) Thus, at the time of closing,
    Tyco Guam will have no interest in the unbuilt southern segment, the
    cable stub, or any separate cable landing license issued for the
    unbuilt segment and cable stub. 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. By separate action today, we issue a separate cable
    landing license for the original southern segment of Tyco Pacific to
    Tyco Telecom. *See Tyco Telecommunications (US) Inc., Cable Landing
    License*, File No. SCL-LIC-20050304-00011, Public Notice, Actions
    Taken under Cable Landing Act, DA 05-1269 (PD/Int'l Bur. Apr. 29,
    2005).

[^4]: Tyco Atlantic is a non-common carrier cable extending between the
    United States and the United Kingdom. Tyco Telecom, a wholly-owned
    indirect subsidiary of Tyco International, is the
    successor-in-interest to TyCom Atlantic (US) Inc., the original
    licensee of Tyco Atlantic. Tyco Pacific is a non-common carrier
    cable extending from the continental United States to Japan, with a
    link from Japan to Guam. Tyco Telecom, the successor-in-interest to
    TyCom Networks (US) Inc., an original licensee of Tyco Pacific, and
    Tyco Guam (formerly, Tycom Networks (Guam) L.L.C.), a wholly-owned
    indirect subsidiary of Tyco, are the joint U.S. licensees of Tyco
    Pacific.

[^5]: VSNL USA is a newly-created Delaware corporation, wholly owned by
    VSNL Nederlands B.V. ("VSNL Nederlands"), itself a subsidiary of
    VSNL Singapore Pte. Limited ("VSNL Singapore"), which in turn is
    wholly owned by VSNL, the incumbent provider of international
    telecommunications services in India. The Tata Group, an India
    commercial conglomerate, holds an aggregate 46.6% ownership
    interest, and exercises a controlling ownership and managerial
    interest, in VSNL. The Government of India holds an approximate 26%
    ownership interest in VSNL. The Bank of New York holds 13.3% of VSNL
    as American Depository Receipts. VSNL is publicly traded on the
    Bombay Stock Exchange and India's National Stock Exchange.

[^6]: Petition to Deny of Crest Communications Corporation (filed Mar.
    31, 2005) and Reply Brief in Support of Petition to Deny of Crest
    Communications Corporation (filed Apr. 18, 2005). Crest is the
    parent of Northern Lights, which has a conditional submarine cable
    license to land the Northern Lights cable system at three cable
    stations in Alaska and connect the Northern Lights cable through two
    branching units on the northern link of Tyco Pacific. *See Northern
    Lights Holdings, Inc., Submarine Cable Landing License*, Public
    Notice, Actions Taken under Cable Landing License Act, DA 02-2554,
    17 FCC Rcd 19571 (PD/Int'l Bur. 2002) ("*Northern Lights Public
    Notice Grant*"). The license is conditional because Northern Lights
    had not filed the prerequisite landing point notification, with
    specific geographic coordinates, that it must file at least 90 days
    before beginning construction. *See* 47 C.F.R. § 1.767(a)(5),
    (g)(8); 17 FCC Rcd at 19572, 19773, 19574. The Northern Lights
    cable, once constructed, would be a network of three interrelated
    cable segments.

[^7]: Crest's national security argument is based on its concern that
    its economic interests in the as-yet-unbuilt Northern Lights cable
    system, which would serve points in Alaska by interconnecting with
    Tyco Pacific, could be adversely affected by VSNL USA's purchase of
    Tyco Pacific. Crest advises that it has been in discussions with the
    U.S. Department of Defense ("DOD") about using the Northern Lights
    cable system for military purposes. Crest states that it is
    concerned that the transfer of Tyco Pacific to VSNL USA would
    diminish DOD's interest in using the Northern Lights cable system,
    the segments of which would be interconnected through branching
    units and capacity acquisition on Tyco Pacific.

[^8]: Crest asks the Commission to define the relevant market as the
    U.S.-India route, rather than focusing on Japan and the United
    Kingdom as the destination markets of Tyco Pacific and Tyco
    Atlantic. Crest alleges that, if the transaction is approved, VSNL
    will have an end-to-end pipe between India and the United States.
    Crest contends that VSNL's cable network would include the Tata
    Indicom cable between India and Singapore, dark fiber on the c2c
    network between Singapore and Japan, and Tyco Pacific, arguing that
    VSNL would have "unquestioned dominance on the critical U.S. to
    India route across the Pacific." Crest suggests that VSNL's
    acquisition of Tyco Pacific would deter other carriers from building
    new undersea cables in the Pacific and landing stations in India.
    Crest asserts that the transaction would eliminate Tyco as a
    potential threat to VSNL in the India cable station market. Crest
    contends that Tyco, as owner of Tyco Pacific, is a potential
    competitor to construct a new cable landing station in India that
    competes with those owned by VSNL. Crest argues that if Tyco
    retained ownership of Tyco Pacific, Tyco would have a strong
    incentive to break VSNL's bottleneck in India, which, Crest says,
    would result in opening the India market and increasing demand for
    transpacific cable capacity.

[^9]: In its reply, Crest first raises two requests for alternative
    relief. If the Commission does not deny the applications, Crest asks
    the Commission to grant the transfer and assignments conditioned on
    VSNL's divestiture of two Tyco Pacific fiber pairs and/or on
    imposition of common carrier regulation on the Tyco Pacific cable.
    As noted below, we deny the new requests for relief on procedural
    grounds. *See infra* notes 19 & 21.

[^10]: Applicants note that neither Tyco Pacific nor the overall Tyco
    Global Network serves India. They state that transpacific capacity
    increased by 2500 percent from 1998 to 2003 and this new capacity
    has resulted in a "capacity glut" that essentially eliminates the
    risk of dominant behavior on the U.S.-Japan route. They contend that
    VSNL has no incentive to depress demand for Tyco Pacific's
    transpacific capacity by artificially raising capacity rates to
    above-market levels. The Applicants state that Crest filed its
    petition to deny to obtain commercial leverage over Tyco Telecom in
    negotiations over ongoing business transactions involving Tyco
    Telecom's undersea cable supply business. The ongoing negotiations
    concern the price for construction of the Northern Lights cable
    system. Joint Opposition to Petition to Deny (filed Apr. 11, 2005).
    Crest, in its reply, denies that it filed its petition as part of a
    retaliation campaign against Tyco.

[^11]: The Agreement is available as an attachment to the two files for
    the assignment and transfer of control applications in the
    Commission's International Bureau Filing System. *See*
    http://svartifoss2.fcc.gov/servlet/ib.page.FetchAttachment?attachment_key=429057.
    VSNL America is a subsidiary of VSNL that has international section
    214 authority. *See VSNL America Inc., Application for Authority
    under Section 214 of the Communications Act of 1934, as amended, to
    Operate as a Facilities-Based Carrier and as a Resale Carrier for
    the Provision of International Switched and Private Line Services to
    All International Points*, Order, Authorization and Certificate,
    File No. ITC-214-20030728-00376, DA 04-2668, 19 FCC Rcd 16555 (Int'l
    Bur. 2004) (granting VSNL America international section 214
    authority conditioned on compliance with network security
    agreement).

[^12]: In addition to the Crest pleadings, we received an April 28, 2005
    letter from counsel for Polargrid LLC, a company that has a
    contractual dispute with VSNL that currently is before the U.S.
    District Court, S.D.N.Y. Letter from Mark S. Baldwin to Donald
    Abelson, Chief, International Bureau, Federal Communications
    Commission (dated Apr. 28, 2005). We do not find that the pending
    litigation justifies either deferring action on the applications or
    dismissing them. It is long-standing Commission policy not to
    involve itself with private contract disputes. *See, e.g.,
    Applications of Verestar, Inc. (Debtor-in-Possession) for Consent to
    Assignment of Licenses to SES Americom, Inc.*, Memorandum, Opinion,
    Order and Authorization, IB Docket No. 04-174, DA 04-3639, 19 FCC
    Rcd 22750, 22756, para. 16 (Int'l Bur. & Wireless Tele. Bur. 2004).
    We find that the letter is not timely filed, and we dismiss the
    letter on procedural grounds. *See* 47 C.F.R. § 1.45; Acceptable for
    Filing Public Notice, *supra* note 2 (filings in proceeding due by
    March 31).

[^13]: Today's grant of the above-referenced assignment application
    (File No. SCL-ASG-20050304-00003) authorizes VSNL USA to acquire
    from Tyco Telecom the New Jersey cable station, the portions of Tyco
    Atlantic extending between the New Jersey cable station and the
    twelve-nautical-mile limit of the U.S. territorial sea, and the Tyco
    Atlantic cable landing license. VSNL Bermuda Limited ("VSNL
    Bermuda"), a wholly-owned subsidiary of VSNL Singapore, will own the
    subsea portions of Tyco Atlantic located in international waters,
    and VSNL Telecommunications (UK) Limited, a wholly-owned subsidiary
    of VSNL Nederlands, will own the cable station in the United
    Kingdom. Today's grant of the assignment application also authorizes
    VSNL USA to acquire from Tyco Telecom the California and Oregon
    cable stations, the portions of Tyco Pacific extending between the
    California and Oregon cable stations and between each station and
    the twelve-nautical-mile limit of the U.S. territorial sea, and Tyco
    Telecom's interest in the Tyco Pacific cable landing license. VSNL
    Bermuda will own the subsea portions of Tyco Pacific located in
    international waters, and VSNL Japan K.K., also a wholly-owned
    subsidiary of VSNL Singapore, will own the cable station in Japan.

    Today's grant of the transfer of control application (File No.
    SCL-T/C-20050304-00005) authorizes Tyco to transfer control of Tyco
    Guam, including its joint interest in the Tyco Pacific cable landing
    license, as modified by grant of File No. SCL-MOD-20050304-00004,
    from Tyco to VSNL USA. Tyco Guam owns and operates the portion of
    Tyco Pacific located in the territory of Guam, including the cable
    station and the portion of Tyco Pacific extending between the cable
    station and one-half nautical mile beyond the twelve-nautical-mile
    limit of the U.S. territorial sea. Applications state that, post
    transaction, Tyco Guam will be renamed VSNL Guam.

[^14]: We also note that VSNL does not possess market power in either
    country.

[^15]: In the exceptional case where an application poses a very high
    risk to competition in the U.S. market because of a particular
    foreign carrier's market power in a cable's destination market,
    where the Commission's codified safeguards and other conditions
    would be ineffective, the Commission has reserved the right to deny
    the application. *Rules and Policies on Foreign Participation in the
    U.S. Telecommunications Market, Market Entry and Regulation of
    Foreign Affiliated Entities*, IB Dockets Nos. 97-142, 95-22, Report
    and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23913-14,
    23916-17, 23933-35, 23950-55, paras. 51, 57, 93-96, 143-149 (1997).

[^16]: The applications state that VSNL and its affiliated companies
    currently control nominal amounts of capacity (substantially less
    than one percent of lit capacity) on each of the transatlantic and
    transpacific routes.

[^17]: In addition to Tyco Pacific, the largest cable in terms of
    capacity, numerous transpacific submarine cables, both private and
    common carrier, currently serve the U.S.-Japan route. These include
    TPC-5, Japan-U.S., China-U.S., PC-1 and, indirectly, Southern Cross.
    These cables, as well as transatlantic capacity and satellite
    capacity, can serve as substitutes for capacity carried over Tyco
    Pacific.

[^18]: VSNL also does not operate submarine facilities in Tyco
    Atlantic's destination market of the United Kingdom or on the
    U.S.-U.K. route. The U.S.-U.K. route is served by several cables,
    including the Apollo, Atlantic Crossing-1, Flag Atlantic, Hibernia,
    TAT-14, and Yellow cables.

[^19]: As noted above, *see supra* note 9, Crest failed to makes its
    requests for alternative relief until it filed its reply. As
    discussed *infra* at note 21, we deny these alternative requests on
    procedural grounds. In any case, we note that we retain the ability
    to impose common carrier regulation under the existing conditions of
    the Tyco Pacific cable landing license, if we should need to do so
    in the future. *See Tycom Networks (US) Inc. and Tycom Networks
    (Guam) L.L.C., Application for a License to Land and Operate a
    Private Fiber-Optic Cable System between the United States Mainland,
    Hawaii, Guam, and Japan*, File No. SCL-LIC-20000717-00026, 15 FCC
    Rcd 24078, 24086 (Int'l Bur. 2000) ("Pursuant to Section 35 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"); *see also* 47 C.F.R. § 1.767(g)(10) (common carrier
    condition).

[^20]: *See* 47 C.F.R. § 1.767(k).

[^21]: We deny on procedural grounds Crest's requests for alternative
    relief -- asking for VSNL's divestiture of two Tyco Pacific fiber
    pairs and/or imposition of common carrier regulation on the Tyco
    Pacific cable -- first raised by Crest in its reply. *See* 47 C.F.R.
    § 1.45(c) (reply shall be limited to matters raised in the
    opposition); *see also supra* notes 9 and 19.