*Pages 1--2 from Microsoft Word - 21690.doc* Federal Communications Commission 445 12’ h St., S. W. Washington, D. C. 20554 News Media Information 202 I418- 0500 Internet: http:// www. tcc. gov l- t- Y: l- 888835- 5322 DA 02- 2444 October 1, 2002 STREAMLINED SUBMARINE CABLE LANDING MODIFICATIONS APPLICATIONS ACCEPTED FOR FILING Unless otherwise specified, the following procedures apply to the applications listed below: The applications listed below have been found, upon initial review, to be acceptable for filing and subject to the streamlined processing procedures set forth in section 1.767 of the Commission’s rules, 47 C. F. R. § 1.767. Pursuant to the Submarine Cable Landing License Act, 47 U. S. C. §§ 34- 39, and Executive Order No. 10530, reprinted as amended in 3 U. S. C. § 301, each applicant seeks: (a) the grant of a cable landing licensee; (b) the modification of a cable landing license; and/ or (c) the assignment or transfer of control of an interest in a submarine cable landing license. Pursuant to its decision in Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00- 106, FCC 0l- 332,67 Fed. Reg. 1615 (Jan. 14,2002) and section 1.767 of the rules, the Commission will take action upon these applications within fortyfive (45) days after release of this public notice, unless the Commission has informed the applicant in writing that the application, upon further examination, has been deemed ineligible for streamlined processing. Ex parte communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission’s rules for “permit- but- disclose proceedings.” See 47 C. F. R. § 1.1206. Filings relating to this application must be received within 14 days of this notice. Such filings will not necessarily result in an application being deemed ineligible for streamlined processing. By this notice, we inform the public that submarine cable landing license applications and international section 214 applications that are part of larger transactions involving multiple Commission licenses or authorizations may involve “extraordinary circumstances” as referenced in Review of Commission Consideration of Applications under the Cable Landing License Act, Report and Order, 16 FCC Rcd 22167 (2001), and Rules and Policies on Foreign Participation in the U. S. Telecommunications Market, Report and Order and Order on Reconsideration, 12 FCC Page 1 of 2 1 Page 2 of 2 Rcd 23891 (1997), para. 327- 28; Order on Reconsideration., 15 FCC Rcd 18158 (2000). Additionally, these extraordinary circumstances may result where Executive Branch agencies petition the Commission to defer decision on certain transactions pending the resolution of potential national security, law enforcement, foreign policy and trade policy issues. Accordingly, these applications may not be acted on within the 90- day review period that the Commission has established as the period of time normally required to reach a decision on non- streamlined cable landing license and international section 214 applications. This notice shall serve as public notice to applicants that, in these circumstances, additional time may be required for Commission review and final action. No additional formal public notice will be provided routinely with respect to specific applications in the event that the applicable review period extends beyond 90 days. Copies of all applications listed here are available for public inspection in the FCC Reference and Information Center, located in room CY- A257 at the Portals 2 building, 445 12 th Street, SW, Washington DC 20554. The center can be contacted at (202) 418- 0270. All applications listed are subject to further consideration and review, and may be returned and/ or dismissed if not found to be in accordance with the Commission’s rules, regulations, and other requirements. SCL- MOD- 20020826- 00079 TYCO NETWORKS (US) INC. AND TYCO NETWORKS (GUAM) L. L. C. Applicants must certify that neither the applicant nor any party to the application is subject to a denial of federal benefits by federal and/ or state courts under authority granted in 21 U. S. C. § 862. SeeC. F. R. §§ 1.2001- 1.2003. The Commission most recently amended its rules application to submarine cable landing licensees in IB Docket No. 00- 106, Review of Commission Considerurion ofApplications under the Cable Landing License Act, FCC 01- 332, released December 14,2001,67 Fed. Reg. 1615 (Jan. 14, 2001). An updated version of section 1.767 of the rules, and other related sections, is available at http:// www. fcc. gov/ ib/ td/ pf/ telecomrules. html. See also http:// hraunfoss. fcc. gov/ edoc public/ attachmatch/ DA 02- 5981Al. pdf for a March 13, 2002 Public Notice; http:// hraunfoss. fcc. gov/ edocs public/ attachmatch/ FCC 01- 332Al. pdf for the December 14, 2001 Report and Order. REMINDERS: Submarine Cable Landing Modification Tyco Networks (US) Inc. and Tyco Networks (Guam) L. L. C. (Collectively Licensees) seek authority to modify the routing and landing points for Tyco Pacific Cable System (SCL- LIC- 20000717- 00026) as follows: (i) The licensees will construct a new southern segment between Nedonna Beach/ Hillsboro, Oregon, and Toyohashi, Japan; (ii) The licensees will defer all construction of the previously planned southern segment between Agat, Guam, and Honolulu, Hawaii, and most construction of the previously planned southern segment between Honolulu, Hawaii and Hermosa Beach/ Los Angelas, California (except for a six- mile stub extending from Hermosa Beach); (iii) The licensees will defer construction of the beach landing in Honolulu, Hawaii and the cable station at Maili, Honolulu, Hawaii; and (iv) The licensees will connect the beach landing at Hermosa Beach and Redordo Beach building with the existing facilities of another provider in order to terminate traffic at the licensees’ new Los Angeles cable station. 2