PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Fax-On-Demand 202-418-2830; Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Friday October 12, 2007SCL-00042S Report No. ACCEPTED FOR FILING STREAMLINED SUBMARINE CABLE LANDING LICENSE APPLICATIONS 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 01-332, 16 FCC Rcd 22167 (2001) and section 1.767 of the rules, the Commission will take action upon these applications within forty-five (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. 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 12th Street, SW, Washington DC 20554. The center can be contacted at (202) 418-0270. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). 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. Page 1 of 3 SCL-LIC-20070925-00017 E Application filed by MFS CableCo US, Inc. ("Verizon") and Cable & Wireless Network Services Limited ("Cable & Wireless," collectively with Verizon, the "Applicants") for authority to operate a non-common carrier fiber-optic submarine cable system extending between Bermuda and the United States, the Gemini Bermuda system. The Gemini Bermuda system will be established by redeploying submarine cable from the southern portion of the Gemini system to connect existing landing stations in New Jersey and Bermuda. The original Gemini system was comprised of two segments - a southern route from New Jersey to the United Kingdom ("Gemini South") and a northern route from Rhode Island to the United Kingdom (SCL-LIC-19960606-00229 (old file number SCL-96-4)). The Gemini system was retired and deactivated in 2004. Applicants intend to use the existing plant of Gemini South, particularly the Manasquan cable landing station located in Sea Girt, New Jersey, a portion of the existing terminal equipment located in the cable station, the terrestrial cable between the cable station and the cable landing point, and the submarine cable and associated repeaters. Applicants will recover submarine cable from the Gemini South system located in international waters and redeploy the cable to a landing station in Bermuda. This redeployment will not disturb the existing buried submarine cable from the Manasquan cable landing station to a point beyond 200 nautical miles. The Gemini Bermuda system will have two fiber pairs and will have an initial capacity of 10 Gbps per pair, for a total of 20 Gbps. The use of new technology over the existing submarine cable could increase the system's capacity to 160 Gbps per fiber pair. According to the application, Verizon will own and control: (1) the Manasquan cable landing station in Sea Girt, New Jersey; (2) the terminal equipment located at the Manasquan cable station; (3) the submerged portion of the Gemini Bermuda System located in the U.S. territorial waters; and, (4) the terrestrial cable located in the United States between the beach manhole and the Manasquan cable station. Cable & Wireless will own, operate and maintain the portion of the Gemini Bermuda system from the U.S. territorial waters to Bermuda, including the submarine cable along with associated repeaters and the landing station at the Bermuda end. Cable & Wireless will also own all capacity of the Gemini Bermuda system. According to the application, Cable & Wireless may enter into IRU agreements or otherwise lease capacity to U.S. and other international carriers. Cable & Wireless will be responsible for maintenance of the wet plant of the Gemini Bermuda system while jointly cooperating with Verizon for the maintenance of the Gemini Bermuda system cable and repeaters located within U.S. territorial waters. Verizon will grant Cable & Wireless an IRU for (i) use of the submarine cable and repeaters from the beach manhole located at Sea Girt, New Jersey (adjacent to the Manasquan cable station) to the limit of the U.S. territorial waters; (ii) use of the terrestrial cable from the beach manhole to the Manasquan cable station; and (iii) use of the terminal equipment in the Manasquan cable station. Applicants propose to operate the cable system on a non-common carrier basis. They state that there are sufficient existing or planned facilities on the route or on alternative routes to prevent them from exercising market power in offering services. They also state that capacity will not be sold indifferently to the user public, but will be assigned pursuant to individualized decisions and tailored arrangements based on the needs of the individual capacity purchaser. MFS CableCo U.S., Inc. is an indirect, wholly-owned subsidiary of Verizon Communications, Inc. Verizon Communications is a publicly traded company in which no person or entity holds a 10 percent or greater direct or indirect equity or voting interest. Cable & Wireless Network Services Limited, a company organized under the laws of Bermuda, is an indirect, wholly-owned subsidiary of Cable & Wireless, plc, a company organized under the laws of England and Wales. Cable & Wireless, plc is a publicly traded company in which no person or entity holds a 10 percent or greater direct or indirect equity or voting interest. Cable & Wireless is a foreign carrier in Bermuda, a World Trade Organization Member, and agrees to accept and abide by the reporting requirements in section 1.767(l) of the Commission's rules, 47 C.F.R. § 1.767(l). Applicants agree to accept and abide by the routine conditions specified in section 1.767(g) of the Commission's rules, 47 C.F.R. § 1.767(g). Submarine Cable Landing License MFS CableCo U.S., Inc. Page 2 of 3 REMINDERS: 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. See C.F.R. §§ 1.2001-1.2003. The Commission's rules applicable to submarine cable landing licenses (47 C.F.R. §§ 1.767, 1.768) are available at http://www.fcc.gov/ib/td/pf/telecomrules.html. See also http://hraunfoss.fcc.gov/edoc_public/attachmatch/DA-02-5981A1.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. 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 Rcd 23891 (1997), paras. 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 licenses 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. Page 3 of 3