§ 1.767   Cable landing licenses.

   (a)  Applications for cable landing licenses under 47 U.S.C. 34-39 and
   Executive Order No. 10530, dated May 10, 1954, should be filed in accordance
   with the provisions of that Executive Order. These applications should
   contain:

   (1) The name, address and telephone number(s) of the applicant;

   (2)  The  Government, State, or Territory under the laws of which each
   corporate or partnership applicant is organized;

   (3)  The name, title, post office address, and telephone number of the
   officer  and  any  other contact point, such as legal counsel, to whom
   correspondence concerning the application is to be addressed;

   (4) A description of the submarine cable, including the type and number of
   channels and the capacity thereof;

   (5) A specific description of the cable landing stations on the shore of the
   United  States and in foreign countries where the cable will land. The
   description shall include a map showing specific geographic coordinates, and
   may also include street addresses, of each landing station. The map must
   also specify the coordinates of any beach joint where those coordinates
   differ from the coordinates of the cable station. The applicant initially
   may file a general geographic description of the landing points; however,
   grant of the application will be conditioned on the Commission's final
   approval of a more specific description of the landing points, including all
   information required by this paragraph, to be filed by the applicant no
   later than ninety (90) days prior to construction. The Commission will give
   public notice of the filing of this description, and grant of the license
   will be considered final if the Commission does not notify the applicant
   otherwise in writing no later than sixty (60) days after receipt of the
   specific description of the landing points, unless the Commission designates
   a different time period;

   (6) A statement as to whether the cable will be operated on a common carrier
   or non-common carrier basis;

   (7) A list of the proposed owners of the cable system, including each U.S.
   cable landing station, their respective voting and ownership interests in
   each U.S. cable landing station, their respective voting interests in the
   wet  link  portion of the cable system, and their respective ownership
   interests by segment in the cable;

   (8) For each applicant:

   (i)  The  place of organization and the information and certifications
   required in § § 63.18(h) and (o) of this chapter;

   (ii) A certification as to whether or not the applicant is, or is affiliated
   with, a foreign carrier, including an entity that owns or controls a cable
   landing station, in any foreign country. The certification shall state with
   specificity each such country;

   (iii) A certification as to whether or not the applicant seeks to land and
   operate a submarine cable connecting the United States to any country for
   which any of the following is true. The certification shall state with
   specificity the foreign carriers and each country:

   (A) The applicant is a foreign carrier in that country; or

   (B) The applicant controls a foreign carrier in that country; or

   (C) There exists any entity that owns more than 25 percent of the applicant,
   or controls the applicant, or controls a foreign carrier in that country.

   (D) Two or more foreign carriers (or parties that control foreign carriers)
   own, in the aggregate, more than 25 percent of the applicant and are parties
   to, or the beneficiaries of, a contractual relation (e.g., a joint venture
   or market alliance) affecting the provision or marketing of arrangements for
   the terms of acquisition, sale, lease, transfer and use of capacity on the
   cable in the United States; and

   (iv) For any country that the applicant has listed in response to paragraph
   (a)(8)(iii)  of  this  section that is not a member of the World Trade
   Organization, a demonstration as to whether the foreign carrier lacks market
   power with reference to the criteria in § 63.10(a) of this chapter.

   Note  to  paragraph  (a)(8)(iv):  Under § 63.10(a) of this chapter, the
   Commission presumes, subject to rebuttal, that a foreign carrier lacks
   market power in a particular foreign country if the applicant demonstrates
   that the foreign carrier lacks 50 percent market share in international
   transport facilities or services, including cable landing station access and
   backhaul facilities, intercity facilities or services, and local access
   facilities or services on the foreign end of a particular route.

   (9) A certification that the applicant accepts and will abide by the routine
   conditions specified in paragraph (g) of this section; and

   (10) Any other information that may be necessary to enable the Commission to
   act on the application.

   Note to paragraph (a)(10): Applicants for cable landing licenses may be
   subject to the consistency certification requirements of the Coastal Zone
   Management  Act  (CZMA),  16  U.S.C.  1456, if they propose to conduct
   activities,  in  or  outside  of  a  coastal  zone  of  a state with a
   federally-approved management plan, affecting any land or water use or
   natural  resource  of  that  state's coastal zone. Before filing their
   applications for a license to construct and operate a submarine cable system
   or to modify the construction of a previously approved submarine cable
   system, applicants must determine whether they are required to certify that
   their proposed activities will comply with the enforceable policies of a
   coastal  state's  approved  management  program. In order to make this
   determination,  applicants should consult National Oceanic Atmospheric
   Administration (NOAA) regulations, 15 CFR part 930, Subpart D, and review
   the approved management programs of coastal states in the vicinity of the
   proposed landing station to verify that this type of application is not a
   listed federal license activity requiring review. After the application is
   filed, applicants should follow the procedures specified in 15 CFR 930.54 to
   determine whether any potentially affected state has sought or received NOAA
   approval  to  review the application as an unlisted activity. If it is
   determined that any certification is required, applicants shall consult the
   affected coastal state(s) (or designated state agency(ies)) in determining
   the contents of any required consistency certification(s). Applicants may
   also consult the Office of Ocean and Coastal Management (OCRM) within NOAA
   for  guidance.  The  cable  landing license application filed with the
   Commission shall include any consistency certification required by section
   1456(c)(3)(A) for any affected coastal state(s) that lists this type of
   application in its NOAA-approved coastal management program and shall be
   updated pursuant to § 1.65 of the Commission's rules, 47 CFR 1.65, to include
   any subsequently required consistency certification with respect to any
   state  that has received NOAA approval to review the application as an
   unlisted federal license activity. Upon documentation from the applicant—or
   notification  from  each  coastal state entitled to review the license
   application for consistency with a federally approved coastal management
   program—that  the  state  has either concurred, or by its inaction, is
   conclusively presumed to have concurred with the applicant's consistency
   certification, the Commission may take action on the application.

   (11)(i)  If applying for authority to assign or transfer control of an
   interest in a cable system, the applicant shall complete paragraphs (a)(1)
   through (a)(3) of this section for both the transferor/assignor and the
   transferee/assignee.  Only  the  transferee/assignee needs to complete
   paragraphs (a)(8) through (a)(9) of this section. At the beginning of the
   application, the applicant should also include a narrative of the means by
   which the transfer or assignment will take place. The application shall also
   specify, on a segment specific basis, the percentage of voting and ownership
   interests being transferred or assigned in the cable system, including in a
   U.S. cable landing station. The Commission reserves the right to request
   additional information as to the particulars of the transaction to aid it in
   making its public interest determination.

   (ii) In the event the transaction requiring an assignment or transfer of
   control  application  also  requires  the  filing of a foreign carrier
   affiliation notification pursuant to § 1.768, the applicant shall reference
   in the application the foreign carrier affiliation notification and the date
   of  its  filing. See § 1.768. See also paragraph (g)(7) of this section
   (providing for post-transaction notification of pro forma assignments and
   transfers of control).

   (iii) An assignee or transferee must notify the Commission no later than
   thirty (30) days after either consummation of the assignment or transfer or
   a decision not to consummate the assignment or transfer. The notification
   shall identify the file numbers under which the initial license and the
   authorization of the assignment or transfer were granted.

   (b) These applications are acted upon by the Commission after obtaining the
   approval of the Secretary of State and such assistance from any executive
   department or establishment of the Government as it may require.

   (c)  Original  files  relating to submarine cable landing licenses and
   applications for licenses since June 30, 1934, are kept by the Commission.
   Such applications for licenses (including all documents and exhibits filed
   with and made a part thereof, with the exception of any maps showing the
   exact location of the submarine cable or cables to be licensed) and the
   licenses issued pursuant thereto, with the exception of such maps, shall,
   unless otherwise ordered by the Commission, be open to public inspection in
   the offices of the Commission in Washington, D.C.

   (d) Original files relating to licenses and applications for licenses for
   the landing operation of cables prior to June 30, 1934, were kept by the
   Department of State, and such files prior to 1930 have been transferred to
   the Executive and Foreign Affairs Branch of the General Records Office of
   the  National Archives. Requests for inspection of these files should,
   however, be addressed to the Federal Communications Commission, Washington,
   D.C., 20554; and the Commission will obtain such files for a temporary
   period in order to permit inspection at the offices of the Commission.

   (e) A separate application shall be filed with respect to each individual
   cable system for which a license is requested, or for which modification or
   amendment of a previous license is requested. The application fee for a non
   common-carrier cable landing license is payment type code BJT. Applicants
   for common carrier cable landing licenses shall pay the fees for both a
   common carrier cable landing license (payment type code CXT) and overseas
   cable construction (payment type code BIT). There is no application fee for
   modification of a cable landing license, except that the fee for assignment
   or transfer of control of a cable landing license is payment type code CUT.
   See § 1.1107(2) of this chapter.

   (f) Applicants shall disclose to any interested member of the public, upon
   written request, accurate information concerning the location and timing for
   the construction of a submarine cable system authorized under this section.
   This disclosure shall be made within 30 days of receipt of the request.

   (g) Routine conditions. Except as otherwise ordered by the Commission, the
   following rules apply to each licensee of a cable landing license granted on
   or after March 15, 2002:

   (1) Grant of the cable landing license is subject to:

   (i) All rules and regulations of the Federal Communications Commission;

   (ii) Any treaties or conventions relating to communications to which the
   United States is or may hereafter become a party; and

   (iii) Any action by the Commission or the Congress of the United States
   rescinding, changing, modifying or amending any rights accruing to any
   person by grant of the license;

   (2) The location of the cable system within the territorial waters of the
   United States of America, its territories and possessions, and upon its
   shores shall be in conformity with plans approved by the Secretary of the
   Army. The cable shall be moved or shifted by the licensee at its expense
   upon request of the Secretary of the Army, whenever he or she considers such
   course necessary in the public interest, for reasons of national defense, or
   for the maintenance and improvement of harbors for navigational purposes;

   (3) The licensee shall at all times comply with any requirements of United
   States government authorities regarding the location and concealment of the
   cable facilities, buildings, and apparatus for the purpose of protecting and
   safeguarding the cables from injury or destruction by enemies of the United
   States of America;

   (4) The licensee, or any person or company controlling it, controlled by it,
   or under direct or indirect common control with it, does not enjoy and shall
   not acquire any right to handle traffic to or from the United States, its
   territories or its possessions unless such service is authorized by the
   Commission pursuant to section 214 of the Communications Act, as amended;

   (5)(i) The licensee shall be prohibited from agreeing to accept special
   concessions directly or indirectly from any foreign carrier, including any
   entity that owns or controls a foreign cable landing station, where the
   foreign carrier possesses sufficient market power on the foreign end of the
   route to affect competition adversely in the U.S. market, and from agreeing
   to accept special concessions in the future.

   (ii) For purposes of this section, a special concession is defined as an
   exclusive arrangement involving services, facilities, or functions on the
   foreign  end of a U.S. international route that are necessary to land,
   connect, or operate submarine cables, where the arrangement is not offered
   to     similarly     situated    U.S.    submarine    cable    owners,
   indefeasible-right-of-user holders, or lessors, and includes arrangements
   for the terms for acquisition, resale, lease, transfer and use of capacity
   on the cable; access to collocation space; the opportunity to provide or
   obtain backhaul capacity; access to technical network information; and
   interconnection to the public switched telecommunications network.

   Note to paragraph (g)(5): Licensees may rely on the Commission's list of
   foreign carriers that do not qualify for the presumption that they lack
   market power in particular foreign points for purposes of determining which
   foreign carriers are the subject of the requirements of this section. The
   Commission's  list  of  foreign  carriers  that do not qualify for the
   presumption that they lack market power is available from the International
   Bureau's World Wide Web site at http://www.fcc.gov/ib.

   (6)  Except as provided in paragraph (g)(7) of this section, the cable
   landing license and rights granted in the license shall not be transferred,
   assigned, or disposed of, or disposed of indirectly by transfer of control
   of the licensee, unless the Federal Communications Commission gives prior
   consent in writing;

   (7) A pro forma assignee or person or company that is the subject of a pro
   forma transfer of control of a cable landing license is not required to seek
   prior approval for the pro forma transaction. A pro forma assignee or person
   or company that is the subject of a pro forma transfer of control must
   notify the Commission no later than thirty (30) days after the assignment or
   transfer of control is consummated. The notification must certify that the
   assignment or transfer of control was pro forma, as defined in § 63.24 of
   this chapter, and, together with all previous pro forma transactions, does
   not result in a change of the licensee's ultimate control. The licensee may
   file a single notification for an assignment or transfer of control of
   multiple licenses issued in the name of the licensee if each license is
   identified by the file number under which it was granted;

   (8) Unless the licensee has notified the Commission in the application of
   the precise locations at which the cable will land, as required by paragraph
   (a)(5) of this section, the licensee shall notify the Commission no later
   than ninety (90) days prior to commencing construction at that landing
   location. The Commission will give public notice of the filing of each
   description, and grant of the cable landing license will be considered final
   with respect to that landing location unless the Commission issues a notice
   to the contrary no later than sixty (60) days after receipt of the specific
   description. See paragraph (a)(5) of this section;

   (9) The Commission reserves the right to require the licensee to file an
   environmental assessment should it determine that the landing of the cable
   at  the specific locations and construction of necessary cable landing
   stations may significantly affect the environment within the meaning of
   § 1.1307 implementing the National Environmental Policy Act of 1969. See
   § 1.1307(a) and (b). The cable landing license is subject to modification by
   the  Commission  under  its  review of any environmental assessment or
   environmental impact statement that it may require pursuant to its rules.
   See also § 1.1306 note 1 and § 1.1307(c) and (d);

   (10) The Commission reserves the right, pursuant to section 2 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, to
   impose common carrier regulation or other regulation consistent with the
   Cable Landing License Act on the operations of the cable system if it finds
   that the public interest so requires;

   (11) The licensee, or in the case of multiple licensees, the licensees
   collectively,  shall maintain de jure and de facto control of the U.S.
   portion of the cable system, including the cable landing stations in the
   United  States,  sufficient  to  comply  with  the requirements of the
   Commission's rules and any specific conditions of the license;

   (12) The licensee shall comply with the requirements of § 1.768;

   (13) The cable landing license is revocable by the Commission after due
   notice  and opportunity for hearing pursuant to section 2 of the Cable
   Landing License Act, 47 U.S.C. 35, or for failure to comply with the terms
   of the license or with the Commission's rules; and

   (14) The licensee must notify the Commission within thirty (30) days of the
   date the cable is placed into service. The cable landing license shall
   expire twenty-five (25) years from the in-service date, unless renewed or
   extended upon proper application. Upon expiration, all rights granted under
   the license shall be terminated.

   (h) Applicants/Licensees. Except as otherwise required by the Commission,
   the following entities, at a minimum, shall be applicants for, and licensees
   on, a cable landing license:

   (1) Any entity that owns or controls a cable landing station in the United
   States; and

   (2) All other entities owning or controlling a five percent (5%) or greater
   interest in the cable system and using the U.S. points of the cable system.

   (i) Processing of cable landing license applications. The Commission will
   take action upon an application eligible for streamlined processing, as
   specified in paragraph (k) of this section, within forty-five (45) days
   after release of the public notice announcing the application as acceptable
   for filing and eligible for streamlined processing. If the Commission deems
   an application seeking streamlined processing acceptable for filing but
   ineligible for streamlined processing, or if an applicant does not seek
   streamlined processing, the Commission will issue public notice indicating
   that the application is ineligible for streamlined processing. Within ninety
   (90) days of the public notice, the Commission will take action upon the
   application or provide public notice that, because the application raises
   questions of extraordinary complexity, an additional 90-day period for
   review is needed. Each successive 90-day period may be so extended.

   (j)  Applications  for streamlining. Each applicant seeking to use the
   streamlined grant procedure specified in paragraph (i) of this section shall
   request  streamlined  processing  in its application. Applications for
   streamlined processing shall include the information and certifications
   required by paragraph (k) of this section. On the date of filing with the
   Commission,  the  applicant  shall  also  send  a complete copy of the
   application, or any major amendments or other material filings regarding the
   application, to: U.S. Coordinator, EB/CIP, U.S. Department of State, 2201 C
   Street, NW., Washington, DC 20520-5818; Office of Chief Counsel/NTIA, U.S.
   Department of Commerce, 14th St. and Constitution Ave., NW., Washington, DC
   20230; and Defense Information Systems Agency, ATTN: GC/DO1, 6910 Cooper
   Avenue, Fort Meade, MD 20755-7088, and shall certify such service on a
   service list attached to the application or other filing.

   (k)  Eligibility  for  streamlining.  Each  applicant must demonstrate
   eligibility for streamlining by:

   (1) Certifying that it is not a foreign carrier and it is not affiliated
   with a foreign carrier in any of the cable's destination markets;

   (2) Demonstrating pursuant to § 63.12(c)(l)(i) through (iii) of this chapter
   that any such foreign carrier or affiliated foreign carrier lacks market
   power; or

   (3) Certifying that the destination market where the applicant is, or has an
   affiliation with, a foreign carrier is a World Trade Organization (WTO)
   Member  and  the applicant agrees to accept and abide by the reporting
   requirements set out in paragraph (l) of this section. An application that
   includes an applicant that is, or is affiliated with, a carrier with market
   power in a cable's non-WTO Member destination country is not eligible for
   streamlining.

   (4) Certifying that for applications for a license to construct and operate
   a submarine cable system or to modify the construction of a previously
   approved submarine cable system the applicant is not required to submit a
   consistency certification to any state pursuant to section 1456(c)(3)(A) of
   the Coastal Zone Management Act (CZMA), 16 U.S.C. 1456.

   Note to paragraph (k)(4): Streamlining of cable landing license applications
   will be limited to those applications where all potentially affected states,
   having  constructive  notice  that  the application was filed with the
   Commission,  have  waived,  or  are deemed to have waived, any section
   1456(c)(3)(A) right to review the application within the thirty-day period
   prescribed by 15 CFR 930.54.

   (l) Reporting Requirements Applicable to Licensees Affiliated with a Carrier
   with Market Power in a Cable's WTO Destination Market. Any licensee that is,
   or is affiliated with, a carrier with market power in any of the cable's WTO
   Member destination countries, and that requests streamlined processing of an
   application under paragraphs (j) and (k) of this section, must comply with
   the following requirements:

   (1) File quarterly reports summarizing the provisioning and maintenance of
   all network facilities and services procured from the licensee's affiliate
   in that destination market, within ninety (90) days from the end of each
   calendar quarter. These reports shall contain the following:

   (i) The types of facilities and services provided (for example, a lease of
   wet link capacity in the cable, collocation of licensee's equipment in the
   cable station with the ability to provide backhaul, or cable station and
   backhaul services provided to the licensee);

   (ii)  For  provisioned facilities and services, the volume or quantity
   provisioned, and the time interval between order and delivery; and

   (iii) The number of outages and intervals between fault report and facility
   or service restoration; and

   (2) File quarterly, within 90 days from the end of each calendar quarter, a
   report of its active and idle 64 kbps or equivalent circuits by facility
   (terrestrial, satellite and submarine cable).

   (m) (1) Except as specified in paragraph (m)(2) of this section, amendments
   to pending applications, and applications to modify a license, including
   amendments or applications to add a new applicant or licensee, shall be
   signed by each initial applicant or licensee, respectively. Joint applicants
   or licensees may appoint one party to act as proxy for purposes of complying
   with this requirement.

   (2) Any licensee that seeks to relinquish its interest in a cable landing
   license shall file an application to modify the license. Such application
   must include a demonstration that the applicant is not required to be a
   licensee  under  paragraph  (h) of this section and that the remaining
   licensee(s) will retain collectively de jure and de facto control of the
   U.S. portion of the cable system sufficient to comply with the requirements
   of the Commission's rules and any specific conditions of the license, and
   must be served on each other licensee of the cable system.

   (n) Subject to the availability of electronic forms, all applications and
   notifications described in this section must be filed electronically through
   the International Bureau Filing System (IBFS). A list of forms that are
   available for electronic filing can be found on the IBFS homepage. For
   information on electronic filing requirements, see part 1, § § 1.1000 through
   1.10018 and the IBFS homepage at http://www.fcc.gov/ibfs. See also § § 63.20
   and 63.53 of this chapter.

   Note to § 1.767: The terms “affiliated” and “foreign carrier,” as used in
   this section, are defined as in § 63.09 of this chapter except that the term
   “foreign carrier” also shall include any entity that owns or controls a
   cable landing station in a foreign market. The term “country” as used in
   this section refers to the foreign points identified in the U.S. Department
   of  State  list  of  Independent  States  of the World and its list of
   Dependencies and Areas of Special Sovereignty. See http://www.state.gov.

   [ 28 FR 12450 , Nov. 22, 1963, as amended at  52 FR 5289 , Feb. 20, 1987;  61 FR 15726 , Apr. 9, 1996;  64 FR 19061 , Apr. 19, 1999;  65 FR 51769 , Aug. 25, 2000;
    65 FR 54799 , Sept. 11, 2000;  67 FR 1619 , Jan. 14, 2002;  69 FR 40327 , July 2,
   2004;  70 FR 38796 , July 6, 2005;  72 FR 54366 , Sept. 25, 2007;  75 FR 81490 ,
   Dec. 28, 2010;  76 FR 32867 , June 7, 2011;  78 FR 15623 , Mar. 12, 2013;  79 FR 31876 , June 3, 2014]

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