*Pages 1--2 from Microsoft Word - 39912* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W. WASHINGTON, D. C. 20554 News Media Information: (202) 418- 0500 Fax- On- Demand: (202) 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: July 6, 2004 DA 04- 2027 COMPLIANCE WITH REGULATORY FEE REQUIREMENTS BY CABLE LANDING LICENSEES OPERATING ON A NON- COMMON CARRIER BASIS To sell capacity on U. S. international routes, the operator of a non- common (i. e., private) carrier submarine cable landing in the United States must obtain a cable landing license from the Commission prior to landing and operating such a submarine cable. 1 As a provider of active capacity on U. S.- international routes and as an operator regulated by the Commission, such a non- common carrier submarine cable operator is subject to the statutory regulatory fee requirements administered by the Commission. Since 1995, the Commission has stated in its fee guidance that all cable landing licensees operating on a non- common carrier basis must pay regulatory fees for all international bearer circuits sold on an indefeasible right of use (“ IRU”) basis or leased to any customer, including themselves or their affiliates, other than an international common carrier authorized by the Commission to provide U. S. international common carrier services. 2 Regulatory Fee Requirements The Commission’s most recent fact sheet specifies who must pay regulatory fees for international bearer circuits: 3 Who Must Pay: Facilities- based common carriers with active international bearer circuits as of December 31, 2002 in any transmission facility for the provision of service to an end user or resale carrier . . . . [Non- common carrier] submarine cable operators are also to pay fees for any and all international bearer circuits sold on an indefeasible right of use (IRU) basis or leased to any customer, including themselves or their affiliates, other than an international common carrier authorized by the Commission to provide U. S. international common carrier services. 1 The Commission’s authority to grant cable landing licenses derives from the Cable Landing License Act of 1921, Public Law No. 8, 67 th Congress, 42 Stat. 8 (1921), 47 U. S. C. §§ 34- 39, and Executive Order No. 10530, Executive Order No. 10530 § 5( a) (May 10, 1954), reprinted as amended in 3 U. S. C. § 301. 2 See Implementation of Section 9 of the Communications Act; Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, MD Docket 94- 19, Memorandum Opinion and Order, 10 FCC Rcd. 12759, 12761 para. 11 (1995). 3 Regulatory Fees Fact Sheet: What You Owe— International and Satellite Services Licensees (July 2003). 1