Cable Landing License Act 47 CFR 1.767; 1.768; Executive Order 10530

FCC 220 SCL-LIC

FEDERAL COMMUNICATIONS COMMISSION Instructions to File a Cable Landing License Application Office of International Affairs SCL-LIC

Approved by OMB 3060-0944

Purpose of Form

This form is used to request a Cable Landing license from the Federal Communications Commission (Commission) to land and operate a submarine cable and associated landing stations in the United States, pursuant to the Commission’s authority under the Cable Landing License Act of 1921 and Executive Order No. 10530. 47 U.S.C. §§ 34-39; Exec. Order No. 10530 § 5(a) (May 10, 1954). Before granting the application, the Commission coordinates with the Department of State and any other agencies, as needed. If the Commission grants the application, there are other forms that are relevant to a submarine cable license discussed below.

• Assignment or Transfer. Once granted, the cable landing license shall not be transferred, assigned, or disposed of, or disposed of indirectly by transfer of control of the licensee, unless the Commission gives prior consent in writing. 47 CFR § 1.767(g)(6). An application to assign or transfer control of a cable landing license is filed using the SCL-ASG or SCL-T/C form.

• Landing Point Notification. If the precise landing point for the submarine cable system is not known at the time the application for the cable landing license is filed, the Applicant(s) must notify the Commission of the precise location of the landing point ninety (90) days prior to commencing construction at that landing point. 47 CFR §§ 1.767(a)(5), (g)(8). A landing point notification is filed using the SCL-LPN form.

• License Modification. A licensee is permitted to modify a submarine cable landing license grant. Modifications to add a new licensee are required to be signed by each licensee. Joint Applicants may appoint one party to act as proxy for purposes of complying with this requirement. 47 CFR § 1.767(m). An application to modify a cable landing license is filed using the SCL-MOD form.

• Foreign Carrier Notification. A licensee must notify the Commission becomes or seeks to become affiliated with a foreign carrier that is authorized to operate in a foreign destination market of the submarine cable including an entity that owns or controls a cable landing station in that market. 47 CFR § 1.768. A foreign carrier affiliation notice is filed using the SCL-FCN form.

• Cable License Term. A cable landing license expires twenty-five (25) years from the date that the cable is placed into service. A cable landing license may be renewed. 47 CFR § 1.767(g)(14). A renewal application is filed using the SCL-RWL form.

Who Must File This Form and When

Any individual or entity who is required under the Commission’s rules to be a licensee on a submarine cable system that lands at a U.S. point. The following entities are required to be Applicants for, and licensees on, a cable landing license:

• Any entity that owns or controls, or proposes to own or control, a U.S. cable landing station, OR

• Any entity that owns or controls a 5% or greater interest in the cable system AND uses a U.S. landing point. 47 CFR § 1.767(h)(1)(2).

Description of Form

This form consists of a main form and the ability to file an attachment(s) to support the request. Each applicant is required under our rules to provide legal, technical, and financial information, and provide certain signed certifications and signatures. 47 CFR §§ 1.767, 1.768, 63.18(h), (o), (p), (q) and 63.10(a).

The Applicant is encouraged to upload a single document in machine readable format, including all required information. The Applicant must fill in all required fields, upload required documents, make all required certifications, and sign the form before submitting the application.

Information Current and Complete

Information filed in the application with the Commission must be kept current and complete under section 1.65 of the Commission’s rules. 47 CFR § 1.65.

An Applicant is permitted to amend the application after filing in ICFS, and prior to the date of any final action taken by the Commission. Amendments to pending applications to add a new Applicant are required to be signed by each initial Applicant. Joint Applicants may appoint one party to act as proxy for purposes of complying with this requirement. 47 CFR § 1.767(m). An amendment to a pending Cable Landing License application is filed using the SCL-AMD form.

Applicable Rules and Regulations

The FCC derives its authority to grant, regulate and impose conditions on submarine cables from:

• Cable Landing License Act of 1921 (Cable Landing License Act) and the 1954 Executive Order No. 10530. 47 U.S.C. §§ 34-39; Exec. Order No. 10530 § 5(a) (May 10, 1954); reprinted as amended in 3 U.S.C. § 301.

• Communications Act of 1934, as amended (Act); 47 U.S.C. §151 et. seq.

• Commission rules, 47 CFR §§ 1.767, 1.768, §§ 63.18 (h), (o), (p), (q); § 63.10 (a).

• Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No. 00-106, Report and Order, 16 FCC Rcd 2167 (2001).

Applicants should refer to the Debt Collection Improvement Act of 1996. The Debt Collection Act requires all federal agencies to ensure that no debtors to the Federal government obtain any licenses or other benefits from the FCC. To ensure this, the Commission must collect FRN information to correlate its Applicants with any outstanding Federal debt that they might have incurred in other dealings with the Federal government. For additional information, see the FCC’s Debt Collection webpage.

Other Submarine Cable (SCL) Forms

• SCL-AMD Form

  • This form is used to amend a pending application related to a cable landing license.

• SCL-LPN Form

  • This form is used to file the precise location of a cable landing station if such information was not included in the cable landing license application or request modify a cable landing license to add a new landing location. The notification must be filed no later than ninety (90) days prior to construction of landing station.

• SCL-ASG/TC Form

  • This form is used for an assignment of a cable landing license or the transfer of control of a licensee. The form is used for both substantive and pro forma transactions.

• SCL-MOD Form

  • This form is used to modify an existing cable landing license, for example to add or remove a licensee or to add a new landing point.

• SCL-FCN Form

  • The form is used by a licensee to notify the Commission of a new foreign carrier affiliation(s).

• SCL-RPT Form

  • This form is used to file the required quarterly reports of any licensee affiliated with a foreign carrier with market power in destination country of the cable system in accordance with section 1.767(l) of the Commission’s rules.

• SCL-RWL Form

  • This form is used to request renewal of an existing cable landing license.

• SCL-STA Form

  • This form is used to request Special Temporary Authority related to a cable landing license, such as to start construction of the cable prior to grant of the cable landing license.

• SCL-WAV Form

  • An individual or entity may request a waiver of the Commission’s rules by filing an SCL-WAV form.

FCC Notice Required by The Paperwork Reduction Act

We have estimated that on average each response to this collection of information (using in-house staff) will take 11 hours (71 hours if the application will include responses to the Standard Questions). Our estimate includes the time to read the instruction, rules, gather data, and complete and file the form. If you have any comments on this burden estimate, or on how we can improve the collection and reduce the burden, please email them to pra@fcc.gov or send them to the Federal Communications Commission, AMDPERM, Paperwork Reduction Project (3060-0944), Washington, DC 20554.

The Applicant is not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number of 3060-0944. This notice is required by the Paperwork Reduction Act of 1995, P.L. 104-13, October 1, 1995, 44 U.S.C. Section 3507.

For Assistance

For technical assistance with completing the forms, contact the ICFS Helpline at (202) 418-2222 or ICFSINFO@fcc.gov. For general questions about the form requirements, contact the Office of International Affairs, Telecommunications and Analysis Division at (202) 418-1480 or at FCC-OIA-TAD@fcc.gov.

FILING INSTRUCTIONS

Applicant(s) Information

Remember to save your draft application periodically by clicking the save button. ICFS will time- out after 15 minutes of no activity, and failure to save will result in loss of any information entered into the application form after the last save.

Item 1. The Applicant must enter the information requested. Some data will be pre-populated using the data associated with carrier’s FCC Registration Number (FRN). If there are multiple Applicants for the cable landing license, the lead Applicant shall enter its information in Item 1. The lead Applicant is the Applicant that is providing the information about the cable that is not specific to an individual Applicant, such as information about the cable system design, and will serve as the Commission contact for the application.

When the Applicant enters its FRN, the Applicant Information will pre-populate with its FRN data in CORES. To modify these pre-populated data, update the data associated with the FRN in CORES. However, a few fields are editable in this item in the SCL-LIC form (Attention, Title, Phone, Fax, and Email fields are editable).

Enter any missing data and sections that are not already populated from CORES, such as the “Applicant/Licensee Legal Entity Type” field.

Contact Information

Item 2. Identify the contact representative, if different from the Applicant. The contact information can be imported automatically from CORES if the Applicant supplied an FRN, but fields are still editable.

If the contact representative is the same as the person indicated in Item 2, then check the box “Same as Applicant.” If the contact representative is not the same as the filing carrier, provide the requested information.

• Provide the name of a person in your organization, your outside counsel, or other representative whom we can contact if there are questions regarding your application. This person should have decisional authority over the contents of your application.

• Provide the Company name if different from the “Applicant” name in Item 1 or repeat “Company” name here.

• Provide the contact representative’s address, phone number, fax number, and email.

• Provide your “Doing Business As (DBA)” name. If the Applicant is not operating its business using a DBA, you may leave this section blank. Indicate how the contact person is related to the Applicant by selecting a choice from the drop-down “Relationship” menu. For example, select "Legal Counsel" if the contact is the Applicant's counsel. Selecting “other” will open a text box for entry of a description of the relationship.

Item 3. Additional Contacts for law enforcement. All submarine cable landing license applicants must designate a point of contact who is located in the United States and is a U.S. citizen or lawful U.S. permanent resident, for the execution of lawful requests and as an agent for legal service of process, as required by 47 CFR §§ 1.767(a)(8)(i), 63.18(q)(1)(iii). Each applicant for a consortium cable (or the lead applicant, if there is only one applicant) may designate one person for both roles or a different person for each role. Click the appropriate box if the information is the same for the contact for execution of lawful requests and the agent for legal service of process. For each person named (i.e., contact for execution of lawful requests and agent for legal service of process), the Applicant may also designate, if desired, an alternate. If the Applicant provides an FRN for these contacts, most of the identifying information will pre-populate from CORES. Additional applicants will provide their law enforcement contacts in their Supplements A (instructions for Supplement A are below).

Item 4. In the box enter the name of the applicant and the place of organization using the drop-down menu of countries. If the place of organization is in the United States, use the drop-down box to identify the state or territory. If the place of organization is not listed in the drop-down menu, select “Other non-specified areas” and provide more detailed information in an uploaded attachment.

Additional Applicants

Item 5. If there are additional applicants, select “yes” and enter each additional applicant’s FRN in the table provided. After selecting the FRN, the name of the entity will automatically populate in the name box. Each additional applicant will need to click the corresponding button for filing a Supplement A, where each additional applicant will provide its own identity, contact, ownership, and foreign affiliation information, as well as submit its own set of application attachments and certifications. After the lead applicant has entered the FRNs of the additional applicants in the table and saved the draft, the additional applicants will receive a notification in their ICFS message box notifying them that the application is available to access.

Each additional applicant must file its own Supplement A. The lead applicant will be able to view all Supplements A, but cannot edit or alter them. Similarly, if there are more than one additional applicants, each will be able to view all Supplements A, but will not be able to edit or alter any of them other than its own. All additional applicants will be able to view the main application prepared by the lead applicant, but will not be able to edit or alter it. Additional applicants filling out a Supplement A can save the supplement draft at any time, and must save the draft when it is complete.

Multiple applicants should coordinate with each other so that they know all Supplements A are complete prior to the lead applicant filing the application. If there are no additional applicants, select “no” and proceed to the next question. Detailed instructions for Supplement A are below.

Application Information

Item 6. Provide a short description of the cable system, including landing point countries, and names of the Applicant(s)/Proposed Licensees. This description will appear in the “My Filings” tab on the Applicant’s ICFS main page to help identify the application.

Item 7. Provide the name of cable system.

Item 8. Indicate whether streamlined processing of the application is requested by checking “Yes” or “No.” If streamlined processing is requested, the Applicant must demonstrate its eligibility for streamlining in an attachment under section 1.767(k) of the Commission’s rules. The attachment shall be uploaded in the Attachments section of the application.

Item 9. Indicate whether the Applicant(s) is required to submit a consistency certification to any state pursuant to section 1456(c)(3)(A) of the Coastal Zone Management Act, 16 U.S.C. § 1456 by checking “Yes” or “No.” If Yes, in the box use the drop-down menu to indicate in which State(s) or territory(ies) such a certification is required and the date on which the certification was filed. 47 CFR §§ 1.767(j), (k).

Other Related Filings

Item 10. Indicate whether there are any separately filed requests associated with this application, such as an international section 214 application for overseas cable construction, a separately filed waiver request or another request, by checking “Yes” or “No.” If “Yes,” then provide the ICFS File/Submission Number and/or AuthID, or ULS file number in the box. As you start entering text, matching AuthIDs and file numbers will start auto-filling and become available for selection.

Submarine Cable Information

Item 11. Provide the name of each Applicant seeking to become a licensee on the cable landing license pursuant to section 1.767(h) of the Commission’s rules. In the chart, in column:

1. provide the name of the entity that seeks to become a Licensee;

2. select from the drop down menu whether it will: (1) own or control a U.S. cable landing station and/or (2) owns or controls a 5% or greater interest in the cable system AND uses the U.S. points of the cable system. 47 CFR § 1.767(h)(1)(2).

Item 12. Indicate whether there is any individual or entity holding any ownership interest in the submarine cable system that is not an Applicant for the cable landing license by checking “Yes” or “No.”

Some examples of individuals or entities holding an ownership interest in the submarine cable system that do not need to be an Applicant for the cable landing license under the Commission rules, 47 CFR § 1.767(h)(1), (2), include individuals or entities that:

• hold less than a 5% interest in the cable system and uses the U.S. points of the cable system;

• hold any interest in the cable system but do not use the U.S. points of the cable system; or

• own or control a foreign cable landing station.

If “Yes,” in an attachment identify the individual(s) and entity(ies) and explain why such individual(s) and entity(ies) need not be an Applicant for, and licensee on, the cable landing license pursuant to section 1.767(h) of the Commission’s rules.

Item 13. Indicate whether the cable system will be operated on a common carrier basis by checking “Yes” or “No.” If “Yes,” provide the ICFS File/Submission Number and/or AuthID of the associated international section 214 application for overseas cable construction. 47 CFR § 1.767(a)(6). I the related international section 214 application will be filed after filing this submarine cable landing license application, the Applicant will be permitted to make and administrative correction to add the international section 214 file number at a later date. If “No,” provide the basis for non-common carrier classification of the proposed system in an attachment.

Item 14. Indicate whether the Applicant(s) has provided a narrative describing the proposed cable system by checking “Yes” or “No.” If the response is “no,” the Applicant must attach an explanation explaining why it is not including a narrative description of the cable pursuant to Section 1.767(a)(4) of the rules.

Submarine Cable Landing Station Location and Ownership Information

Item 15. Provide the location of each cable landing station in the United States and in foreign countries, whether it is an existing location or new location and the ownership of the station. In the chart, in column:

1. fill in the address;

Note: If the address is not known at the time of filing this application, the Applicant(s) may initially file a general geographic description (city, state, country) of the landing points and file a landing point notification with the specific locations no later than 90 days prior to the date of construction. 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 section 1.767(a)(5) of the Commission’s rules, to be filed by the Applicant no later than ninety (90) days prior to construction.

2. fill in the city;

3. use the drop-down menu to select the country;

4. if the cable landing station is in the United States, use the drop-down menu to select the state or territory;

5. check the appropriate box to indicate whether the cable landing station is an existing or new facility; and

6. fill in the person or entity with equity and/or voting interests in the cable landing station.

7. fill in the percentage of equity interests owned in the cable landing station (up to two decimal places)

8. fill in the percentage of voting interests owned in the cable landing station (up to two decimal places)

Geographic Coordinates

Item 16. If the Applicant requests confidential treatment for the geographic coordinates, do not fill in the coordinates chart in this question, and instead provide the coordinates in an uploaded confidential attachment (including an explanation for the request for confidentiality). The coordinates in the attachment must be provided in the same format that is set out in the chart in this question. See the instructions below in the Attachments/Confidential Treatment of Attachments for more information on confidential attachments.

If the Applicant does not seek confidential treatment for the coordinates, provide the specific geographic coordinates of the U.S. and foreign landing locations in the chart, as required by section 1.767(a)(5) of the Commission’s rules. In the chart, in each column:

1. use the drop-down menu to select whether the landing station is a U.S. or foreign station;

2. use the drop-down menu to indicate whether the coordinates are for the landing station or beach manhole;

3. fill in the latitude in Decimal Degrees; and

4. fill in longitude in Decimal Degrees.

Note on Decimal Degrees: Provide the coordinates in Decimal Degrees. Information on converting latitude and longitude between decimal degrees and degrees, minutes, and seconds is available at https://www.fcc.gov/media/radio/dms-decimal.

Item 17. Indicate whether the Applicant(s) has attached a map showing specific geographic coordinates of each cable landing station in the United States and in foreign countries where the cable will land, and the coordinates of any beach joint where those coordinates differ from the coordinates of the cable landing station, as required by section 1.767(a)(5) of the Commission’s rules, by checking “Yes” or “No.” If “No,” explain why the Applicant has not included a map in an attachment.

• Note to Items 16 and 17: The Applicant(s) may initially file a general geographic description (city, state, country) of the landing points in the box below and file a landing point notification with the specific locations no later than 90 days prior to the date of construction. The Applicant must file the specific locations in the landing point notification form (SCL-LPN Form). 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 section 1.767(a)(5) of the Commission’s rules, to be filed by the Applicant no later than ninety (90) days prior to construction.

Item 18. Indicate whether the Applicant(s) requests a waiver of the requirement in section 1.767(h)(1) that any entity that owns a cable landing station in the United States must be an Applicant/licensee by checking “Yes” or “No.” If “Yes,” provide the basis for the waiver request in an attachment.

Item 19. Provide the information about the submarine cable as required by section 1.767(a)(4) and (7) of the Commission’s rules. In the chart, in column:

1. identify the cable segment (e.g.,”Segment A” or “Segment 1”);

2. enter the route (both from and to end points) for the cable segment in (b1) and (b2). Applicants must type the relevant information in each box in the table. There are no drop-down menus for selection of locations. For example, if an applicant is entering information for a Segment 1 from Long Beach to a branching unit in the Pacific Ocean, the following information would be entered in the Item 20 table:

3. provide the number of fiber pairs in the segment;

4. add the initial and design capacity (include the units of measurement, e.g., “24 Tbps”);

5. identify the individual or entity with an equity pr voting interest or control of the cable segment; and

6. identify the percentage of equity interest in (f1)

and

identify the percentage of voting interest in (f2).

Enter a new row for each segment of the cable and owner of such landing station or cable segment. In other words, if there are multiple owners of a single segment, a separate row of information is required for each owner.

Foreign Ownership

Item 20. The (lead) Applicant must indicate whether or not any individual or entity that is not a U.S. citizen holds a 10% or greater direct or indirect equity or voting interest, or a controlling interest, in itself or any other Applicant, if there are multiple applicants for this cable landing license.

Qualifies for Exclusion. If yes, then the (lead) Applicant must indicate whether or not the application qualifies for exclusion from referral to the Executive Branch because the only reportable foreign ownership is through wholly owned intermediate holding companies and the ultimate ownership and control is held by U.S. citizens or entities, as provided in 47 CFR § 1.40001(a)(2). If the application does qualify for exclusion from referral, the Applicant(s) must attach a specific showing in its application that it qualifies for the exclusion(s). Attachments can be added in the Attachments section of the application, below.

Does Not Qualify for Exclusion. If the application does not qualify for exclusion from referral, each applicant with reportable foreign ownership shall prepare and send responses to standard questions to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee), prior to or at the same time the Applicant files its application with the Commission, pursuant to part 1, subpart CC, of the Commission’s rules.

• The required information shall be submitted separately from this application and shall be submitted directly to the Committee.

• Applicants submitting responses to the standard questions must also submit a complete and unredacted copy of this and any related FCC application(s), including the file number(s) and docket number(s), to the Committee within three (3) business days of filing it with the Commission.

• Detailed instructions for completing and sending the standard question responses and a copy of the FCC application(s) can be found on the Office of International Affairs website.

• The Applicant (or lead Applicant, on behalf of co-applicants) must also acknowledge that it is aware of its obligation to send the standard question responses and copy of the application(s) to the Committee by checking the box at the end of Item 20.

Applicant Ownership Information

Note: Each Applicant needs to separately provide its ownership information. In the event that there are multiple applicants for the cable landing license, the lead Applicant provides its ownership information in this section of the main application form. Additional applicants must submit their ownership information each in their own in Supplement A, which is accessed through Item 5 above.

Items 21. Indicate whether any person or entity directly or indirectly has a 10% or greater direct or indirect ownership of the Applicant, pursuant to sections 1.767(a)(8) and 63.18(h) of the Commission’s rules. If “Yes,” in the chart, in column:

1. provide the name of individual or entity that directly or indirectly owns at Least 10% of the equity and/or voting interests of Applicant or has a controlling interest (“Interest Holder”);

2. provide the address;

3. citizenship;

(c)(1) If the Interest Holder is a person/individual with dual citizenship, select the country of dual citizenship from the drop-down menu here. If there is no dual citizenship, leave this column blank.

4. principal business;

5. provide the name of the entity in which the interest holder has at least a direct 10% equity and/or voting interest.; and

6. provide the percentage of equity owned by the Interest Holder to the nearest 1% (we will also accept up to two decimal places). Use separate rows to provide the information for each person or entity directly or indirectly have a 10% or greater direct or indirect ownership of the Applicant. Each row will show an Interest Holder’s 10% or greater direct interest in the next level down of an ownership chain.

7. provide the percentage of voting interests owned by the Interest Holder to the nearest 1% (we will also accept up to two decimal places). Use separate rows to provide the information for each person or entity directly or indirectly have a 10% or greater direct or indirect ownership of the Applicant. Each row will show an Interest Holder’s 10% or greater direct interest in the next level down of an ownership chain.

Example: Interest Holder 1, a telecommunications company organized in Canada, owns 100% of the equity and voting interests in ABC Corp., a Bermuda holding company, which owns 100% of the equity and voting interests in XYZ Inc., a United States holding company, which owns 100% of the equity and voting interests in Applicant 1, the lead applicant for the cable. This information should be entered in the table in Item 22 as follows:

Entry for Interest Holder 1

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity and/or Voting Interests of Applicant or has a controlling interest (“Interest Holder”): Interest Holder 1

(b) Address of Interest Holder: 123 Oak Road, Calgary, Canada

(c) Citizenship or Country of Incorporation of Interest Holder: Canada

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: telecommunications

(e) Name of the entity in which the interest holder has at least a direct 10% equity and/or voting interest: ABC Corp.

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100

(g) Percentage Owned by Interest Holder (indicate the voting interests): 100

Entry for ABC Corp.

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity and/or Voting Interests of Applicant or has a controlling interest (“Interest Holder”): ABC Corp.

(b) Address of Interest Holder: 123 Palm Road, Hamilton, Bermuda

(c) Citizenship or Country of Incorporation of Interest Holder: Bermuda

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: holding company

(e) Name of the entity in which the interest holder has at least a direct 10% equity and/or voting interest: XYZ Inc.

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100

(g) Percentage Owned by Interest Holder (indicate the voting interests): 100

Entry for XYZ Inc.

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity and/or Voting Interests of Applicant or has a controlling interest (“Interest Holder”): XYZ Inc.

(b) Address of Interest Holder: 123 Elm Road, Ashburn, VA

(c) Citizenship or Country of Incorporation of Interest Holder: United States

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: holding company

(e) Name of the entity in which the interest holder has at least a direct 10% equity and/or voting interest: Applicant 1

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100

(g) Percentage Owned by Interest Holder (indicate the voting interests): 100

Example:

By entering the ownership information in this way in Item 22, Commission staff and the public can infer that Interest Holder 1 is the indirect owner of 100% of the equity and voting interests of Applicant 1. Applicants are also required to submit a narrative explanation of their ownership, as well as an ownership diagram (section 63.18(h) of the Commission’s rules), which will provide further detail regarding applicant ownership. These items must be uploaded in the Attachments section of the application.

Item 22. Indicate whether the Applicant has any interlocking directorates, pursuant to section 63.18(h) of the Commission’s rules. If “Yes,” identify the interlocking directorates in an attachment.

Foreign Carrier Affiliation

Item 23. Indicate whether the Applicant is a foreign carrier or if it is affiliated with a foreign carrier in any foreign countries by checking “Yes” or “No.”

Item 23a. If the Applicant answered “Yes” to Item 24, provide information regarding the foreign carrier affiliation in the chart as required by section 1.767(a)(8)(ii)-(iv). In the chart, in column:

a. provide the name of the affiliated carrier;

2. use the drop-down menu to select the country in which the affiliation occurs. Enter one country per row. If a particular affiliate has operations in more than one country, then add an additional row for each country. Add additional rows to provide information for all foreign carrier affiliations as necessary.

c.1. select the type of affiliation from the drop-down menu. The five choices are:

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

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

• (iii) 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.

• (iv) 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.

• (v) Non-standard affiliation

c.2. If the Applicant selected Non-standard affiliation in column c.1., then provide an explanation here in c.2.

d. Answer the question (Does the Applicant seek to land and operate a submarine cable connecting the United States to this country?) by selecting yes or no.

e. Answer the question (Does Applicant/Affiliate Carrier Own or Control Cable Landing Station in this Country?) by selecting yes or no.

f. Answer the question (Is this country a member of the World Trade Organization?) by selecting yes or no.

Item 23.b. Answer the question regarding market power by checking “Yes” or “No.” If you select yes, you will be prompted to answer 23.c.

Item 23c-d. If the Applicant answered “Yes” to Item 24b, indicate whether the Applicant agrees to accept and abide by the reporting requirements in section 1.767(l) of the Commission’s rules by checking “Yes” or “No”. If “No,” provide an explanation in the text box in Item 23d. The Commission will evaluate the explanation, after which it may request additional information.

Application Fees

Item 24. An application fee is required for this form. Indicate whether you are exempt from the application fee by selecting “Yes” or “No.”

Note that the FCC may not be able to start its review of a submitted application until the associated application fee is paid. To determine the required fee amount, refer to Subpart G of Part 1 of the Commission’s Rules refer to Subpart G of Part 1 of the Commission’s Rules (47 CFR Part 1, Subpart G) and the current Fee Filing Guide. The current Fee Filing Guide can be downloaded from the FCC’s website at http://www.fcc.gov/fees, by calling the FCC’s Form Distribution Center at (800) 418-FORM (3676), or by faxing your request to the FCC’s Fax Information System at 1-866-418-0232.

Item 24a. If the Applicant is claiming a fee exemption it must select a reason in question 26a. An attachment demonstrating the Applicant’s eligibility for exemption from FCC application fees must be submitted. If the reason is “other,” briefly describe your rationale in the text box provided. If a request for waiver/deferral of the FCC application fees has been filed with the FCC, provide the date-stamped copy of the request filed with the Commission’s Office of the Managing Director as an attachment.

­Item 24b. If the Applicant answered “Yes” to question 26, it must select the correct fee code here in question 26b. The fee code is CXT. Select this fee code.

Waivers

Item 25. Indicate whether this Application includes a request for waiver of any Commission rules by checking “Yes” or “No.” If “Yes,” list the rules for which a waiver is sought in Item 25a. Provide an explanation for the waiver request in an attachment, along with other material information. The Applicant may attach the waiver request statement by clicking the button in Item 25b or in the Attachments/Confidential Treatment of Attachments that follows.

Attachments

For Items 26-36, the Applicant must check the box for each of the following items indicating that it has included the described attachment, as appropriate.

Item 26. The Applicant(s) has attached a map showing specific geographic coordinates of each cable landing station in the United States and in foreign countries where the cable will land, and the coordinates of any beach joint where those coordinates differ from the coordinates of the cable landing station, as required by section 1.767(a)(5) of the Commission’s rules. If the Applicant has not attached a map, the Applicant uploaded an attachment explaining why the Applicant has not included the map as required by section 1.767(a)(5) of the Commission’s rules.

Item 27. If applicable, the Applicant(s) has uploaded an attachment explaining why there is an individual or entity holding any ownership interest in the cable system that is not an Applicant as required by section 1.767(h) of the Commission’s rules and why such entity need not be an Applicant for, and licensee on, the cable landing license pursuant to section 1.767(h) of the Commission’s rules.

Item 28. The Applicant(s) has uploaded an attachment providing the basis for non-common carrier classification of the proposed system.

Item 29. The Applicant(s) has provided a narrative description of the proposed cable system.

Item 30. The Applicant(s) has uploaded an attachment that includes a statement of how the application qualifies for streamlined processing under section 1.767(k) of the Commission’s rules.

Item 31. If applicable, the Applicant(s) has uploaded an attachment to provide a detailed ownership listing and ownership diagram responding to section 63.18(h).

Item 32. If applicable, the Applicant(s) has uploaded an attachment identifying any interlocking directorates with a foreign carrier, pursuant to section 63.18(h) of the Commission’s rules.

Item 33. The Applicant has uploaded an attachment providing the information and certifications required by section 1.767(a)(8)(ii-iv) of the Commission's rules.

Item 34. If applicable, the Applicant has uploaded a statement showing that its application qualifies for exclusion from referral to the Executive Branch under section 1.40001(a)(2) of the Commission’s rules.

Item 35. If applicable, the Applicant(s) has uploaded a statement supporting the waiver request and identifying the rule number(s) involved, along with other material information.

Item 36. The Applicant has uploaded an Executive Branch agency service list as set forth in section 1.767(j) of the Commission’s rules.

Attachments/Confidential Treatment of Attachments

Item 37. If the Applicant is requesting confidential treatment for any of its attachments, answer this question “yes.” Otherwise, answer “no.” (Note that if the Applicant wants confidential treatment for its coordinates, it must still upload an attachment with a supporting statement for the “confidential treatment request(s)” identifying the applicable rule(s) and providing other supporting materials or information.)

If the Applicant answers “yes” in item 38, then it must upload a supporting statement for the “confidential treatment request(s)” identifying the applicable rule(s) and providing other supporting materials or information. The Applicant must also upload both the Redacted Public version and the Non-Redacted Confidential version of the attachment(s) in the Attachments section which follows below.

The Applicant(s) can upload attachments in this section of the application. The Applicant(s) will identify the attachment(s) with a short name for easy identification of the information included in each attachment.

Note: Each document required to be filed as an attachment should be current as of the date of filing. Each page of every attachment must be identified with the number or letter, the number of the page, and the total number of pages.

In this item, the Applicant may use the upload button to upload its attachments. After uploading, the Applicant can describe the attachment. Also, after uploading, the Applicant can click the confidential treatment button next the attachment name if it so desires. Clicking the confidential treatment button will trigger a request to upload both a redacted, public version of the attachment and a public supporting statement justifying the confidentiality request. Identify in the attachment the applicable rule(s) and provide other supporting materials or information. Documents designated for confidential treatment will not be publicly viewable in ICFS while the Commission considers the confidentiality request.

National Security/Law Enforcement Certification Statements

Item 38. In order to submit the application, the Applicant must certify acknowledgement of the following national security and law enforcement requirements by clicking on the single indicated checkbox. If there are multiple applicants, each applicant must certify acknowledgement of these requirements in their Supplements A. These national security and law enforcement requirements include the obligations to:

• Comply with all applicable Communications Assistance for Law Enforcement Act (CALEA) requirements and related rules and regulations, including any and all FCC orders and opinions governing the application of CALEA, pursuant to the Communications Assistance for Law Enforcement Act and the Commission’s rules and regulations in Title 47, part 1, subpart Z;

• Make communications to, from, or within the United States, as well as records thereof, available in a form and location that permits them to be subject to a valid and lawful request or legal process in accordance with U.S. law, including but not limited to:

o The Wiretap Act, 18 U.S.C. § 2510 et seq.;

o The Stored Communications Act, 18 U.S.C. § 2701 et seq.;

o The Pen Register and Trap and Trace Statute, 18 U.S.C. § 3121 et seq.; and

o Other court orders, subpoenas or other legal process;

• Designate a point of contact who is located in the United States and is a U.S. citizen or lawful U.S. permanent resident, for the execution of lawful requests and as an agent for legal service of process (note that these contacts were designated in Item 3 of this application);

• Ensure the continuing accuracy and completeness of all information submitted, whether at the time of submission of the application or subsequently in response to either the Commission or the Committee’s request, as required under section 1.65(a) of the Commission’s rules, and to inform the Commission and the Committee of any substantial and significant changes while an application is pending;

• Ensure that after the application is no longer pending for purposes of section 1.65 of the Commission’s rules, it will notify the Commission and the Committee of any changes in the authorization holder or licensee information and/or contact information promptly, and in any event within thirty (30) days; and

• Fulfill the conditions and obligations set forth in the certifications set out in section 63.18(q) of the Commission’s rules or in the grant of an application or authorization and/or that if the information provided to the United States Government is materially false, fictitious, or fraudulent, it may be subject to all remedies available to the United States Government, including but not limited to revocation and/or termination of the Commission’s authorization or license, and criminal and civil penalties, including penalties under 18 U.S.C. § 1001.

General Certification Statements

Item 39. In order to submit the application, the Applicant must certify acknowledgement of all requirements listed here and elsewhere in this form by clicking on the single indicated checkbox. If there are multiple applicants, each applicant must certify acknowledgement of these requirements in their Supplements A. These requirements include:

• The Applicant certifies that it accepts and will abide by the routine conditions in section 1.767(g) of the Commission’s rules including, but not limited to:

• the licensee(s) 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;

• the licensee(s) 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;

• the licensee(s) shall comply with the requirements of section 1.768 of the Commission’s rules (notification by and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier);

• the licensee(s) must notify the Commission within 30 days of the date the cable is placed into service. The cable landing license shall expire 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;

• licensees shall file submarine cable outage reports as required in 47 CFR part 4;

• 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.

• The Applicant certifies that, pursuant to section 1.767(j) of the Commission's rules, on the date of filing this application with the Commission, it shall also send a complete copy of the application including all Supplements, 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.

• The Applicant certifies that neither it nor any other party to the application is subject to a denial of Federal benefits, including FCC benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR § 1.2002(b) for the meaning of "party to the application" for these purposes. (This certification does not apply to applications filed in services exempted under § 1.2002(c) of the rules, or to Federal State or local governmental entities or subdivisions thereof, 47 CFR § 1.2002(c).)

• The Applicant certifies that it has provided all the required information and certifications under section 1.767 of the Commission’s rules.

• The Applicant certifies that all of its statements made in this application and in its attachments or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.

Party Authorized to Sign

Each Applicant must sign the Application.

Item 40. Enter all the requested information. Willful false statements are punishable by fine and or/imprisonment (U.S. Code, Title 18, Section 1001). By signing this, you certify that you are a party authorized to sign and all statements made in this application and in the attachment or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.

Item 42. Enter the title of the person signing the application. If the carrier is a corporation or other business entity, the person submitting the application must be an officer.

Item 43. Date signed. The Applicant does not enter a date here. ICFS will fill in the date automatically with the date on which the application is submitted.

WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

Instructions for Supplement A

When there are multiple applicants for a single submarine cable landing license, Supplement A is used to collect information, including contact, ownership, and foreign carrier affiliation information, about those additional applicants. Each filer of a Supplement A must also makes its own general certifications and national security/law enforcement certifications. In the event that there are multiple applicants. the main SCL-LIC form will be signed by the lead applicant only (on behalf of all applicants), while each filer of a Supplement A must sign its own Supplement A. The complete application, containing all attachments and all Supplements A, will be submitted by the lead Applicant. Remember to save your draft Supplement A periodically by clicking the save button. After the first manual save, ICFS will auto-save every 15 minutes. To go back to the main form, click the “Go to Main Form” button. Progress will be lost if you do not save before going back to the main form.

Additional Applicant(s) Information

Item 1. The additional Applicant must enter the information requested. Some data will be pre-populated using the data associated with carrier’s FCC Registration Number (FRN).

When the Applicant enters its FRN, the Applicant Information will pre-populate with its FRN data in CORES. To modify these pre-populated data, update the data associated with the FRN in CORES. However, a few fields are editable in this item in the SCL-LIC form (Attention, Title, Phone, Fax, and Email fields are editable).

Enter any missing data and sections that are not already populated from CORES, such as the “Applicant/Licensee Legal Entity Type” field.

Contact Information

Item 2. Identify the contact representative, if different from the Applicant. The contact information can be imported automatically from CORES if the Applicant supplied an FRN, but fields are still editable.

If the contact representative is the same as the person indicated in Item 2, then check the box “Same as Applicant.” If the contact representative is not the same as the filing carrier, provide the requested information.

• Provide the name of a person in your organization, your outside counsel, or other representative whom we can contact if there are questions regarding your application. This person should have decisional authority over the contents of your application.

• Provide the Company name if different from the “Applicant” name in Item 1 or repeat “Company” name here.

• Provide the contact representative’s address, phone number, fax number, and email.

• Provide your “Doing Business As (DBA)” name. If the Applicant is not operating its business using a DBA, you may leave this section blank. Indicate how the contact person is related to the Applicant by selecting a choice from the drop-down “Relationship” menu. For example, indicate that the “contact is outside counsel” or “contact is a corporate officer of the carrier.” Selecting “other” will open a text box for entry of a description of the relationship.

Additional Contacts for law enforcement. All submarine cable landing license applicants for a given cable must designate a point of contact who is located in the United States and is a U.S. citizen or lawful U.S. permanent resident, for the execution of lawful requests and as an agent for legal service of process, as required by 47 CFR §§ 1.767(a)(8)(i), 63.18(q)(1)(iii). Each applicant for a consortium cable (or the lead applicant, if there is only one applicant) may designate one person for both roles or a different person for each role.

While the lead applicant must submit its law enforcement contact information within the form itself, Supplement A filers must provide this information in an uploaded attachment. In the attachment, indicate if the information is the same for the contact for execution of lawful requests and the agent for legal service of process. For each person named (i.e., contact for execution of lawful requests and agent for legal service of process), the Applicant may also designate, if desired, an alternate. The required information for contacts for execution of lawful requests and agents for legal service of process (and alternates, if any) is:

Individual Name

Company

Telephone number

Fax number

Email

Complete business address

Item 4. In the box enter the name of the applicant and the place of organization using the drop-down menu of countries. If the place of organization is in the United States, use the drop-down box to identify the state or territory. If the place of organization is not listed in the drop-down menu, select “Other non-specified areas” and provide more detailed information in an uploaded attachment.

Applicant Ownership Information

Note: The instructions for completing this section of Supplement A are the same as the instructions for completing the Applicant Ownership Information section of the main application form.

Items 5. Indicate whether any person or entity directly or indirectly has a 10% or greater direct or indirect ownership of the Applicant, pursuant to sections 1.767(a)(8) and 63.18(h) of the Commission’s rules. If “Yes,” in the chart, in column:

a, provide the name of individual or entity that directly or indirectly owns at Least 10% of the equity and/or voting interests of Applicant or has a controlling interest (“Interest Holder”);

b. provide the address;

c. citizenship;

(c)(1) If the Interest Holder is a person/individual with dual citizenship, select the country of dual citizenship from the drop-down menu here. If there is no dual citizenship, leave this column blank.

d. principal business;

e. provide the name of the entity in which the interest holder has at least a direct 10% equity and/or voting interest.; and

f. provide the percentage of equity owned by the Interest Holder to the nearest 1% (we will also accept up to two decimal places). Use separate rows to provide the information for each person or entity directly or indirectly have a 10% or greater direct or indirect ownership of the Applicant.

g. provide the percentage of voting interests owned by the Interest Holder to the nearest 1% (we will also accept up to two decimal places). Use separate rows to provide the information for each person or entity directly or indirectly have a 10% or greater direct or indirect ownership of the Applicant.

Example: Interest Holder 1, a telecommunications company organized in Canada, owns 100% of the equity and voting interests in ABC Corp., a Bermuda holding company, which owns 100% of the equity and voting interests in XYZ Inc., a United States holding company, which owns 100% of the equity and voting interests in Applicant 1, the lead applicant for the cable. This information should be entered in the table in Item 22 as follows

Entry for Interest Holder 1

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity and/or Voting Interests of Applicant or has a controlling interest (“Interest Holder”): Interest Holder 1

(b) Address of Interest Holder: 123 Oak Road, Calgary, Canada

(c) Citizenship or Country of Incorporation of Interest Holder: Canada

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: telecommunications

(e) Name of the entity in which the interest holder has at least a direct 10% equity and/or voting interest: ABC Corp.

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100

(g) Percentage Owned by Interest Holder (indicate the voting interests): 100

Entry for ABC Corp.

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity and/or Voting Interests of Applicant or has a controlling interest (“Interest Holder”): ABC Corp.

(b) Address of Interest Holder: 123 Palm Road, Hamilton, Bermuda

(c) Citizenship or Country of Incorporation of Interest Holder: Bermuda

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: holding company

(e) Name of the entity in which the interest holder has at least a direct 10% equity and/or voting interest: XYZ Inc.

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100

(g) Percentage Owned by Interest Holder (indicate the voting interests): 100

Entry for XYZ Inc.

(a) Name of Individual or Entity that Directly or Indirectly Owns at Least 10% of the Equity and/or Voting Interests of Applicant or has a controlling interest (“Interest Holder”): XYZ Inc.

(b) Address of Interest Holder: 123 Elm Road, Ashburn, VA

(c) Citizenship or Country of Incorporation of Interest Holder: United States

(c)(1) Dual or More Citizenships (if applicable): [leave blank]

(d) Principal Business of Interest Holder: holding company

(e) Name of the entity in which the interest holder has at least a direct 10% equity and/or voting interest: Applicant 2

(f) Percentage Owned by Interest Holder (indicate the equity interests): 100

(g) Percentage Owned by Interest Holder (indicate the voting interests): 100

Example:

By entering the ownership information in this way in Item 5, Commission staff and the public can infer that Interest Holder 1 is the indirect owner of 100% of the equity and voting interests of Applicant 2. Applicants are also required to submit a narrative explanation of their ownership, as well as an ownership diagram, which will provide further detail regarding applicant ownership. These items must be uploaded in the Attachments section of the application.

Item 6. Indicate whether the Applicant has any interlocking directorates, pursuant to section 63.18(h) of the Commission’s rules. If “Yes,” identify the interlocking directorates in an attachment.

Foreign Carrier Affiliation

Note: The instructions for completing this section of Supplement A are the same as the instructions for completing the Foreign Carrier Affiliation section of the main application form.

Item 7. Indicate whether the Applicant is a foreign carrier or if it is affiliated with a foreign carrier in any foreign countries by checking “Yes” or “No.”

Item 7a. If the Applicant answered “Yes” to Item 7, provide information regarding the foreign carrier affiliation in the chart as required by section 1.767(a)(8)(ii)-(iv). In the chart, in column:

a. provide the name of the affiliated carrier;

2. use the drop-down menu to select the country in which the affiliation occurs. Enter one country per row. If a particular affiliate has operations in more than one country, then add an additional row for each country. Add additional rows to provide information for all foreign carrier affiliations as necessary.

c.1. select the type of affiliation from the drop-down menu. The five choices are:

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

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

• (iii) 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.

• (iv) 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.

• (v) Non-standard affiliation

c.2. If the Applicant selected Non-standard affiliation in column c.1., then provide an explanation here in c.2.

d. Answer the question (Does the Applicant seek to land and operate a submarine cable connecting the United States to this country?) by selecting yes or no.

e. Answer the question (Does Applicant/Affiliate Carrier Own or Control Cable Landing Station in this Country?) by selecting yes or no.

f. Answer the question (Is this country a member of the World Trade Organization?) by selecting yes or no.

Item 7.b. Answer the question regarding market power by checking “Yes” or “No.” If you select yes, you will be prompted to answer 22.c.

Item 7.c. If the Applicant answered “Yes” to Item 7b, indicate whether the Applicant agrees to accept and abide by the reporting requirements in section 1.767(l) of the Commission’s rules by checking “Yes” or “No”. If “No,” provide an explanation in the text box in Item 7.d. The Commission will evaluate the explanation.

Waivers

Item 8. Indicate whether this Supplement A includes a request for waver of any Commission rules by checking “Yes” or “No.” If “Yes,” list the rules for which a waiver is sought in Item 8a. Provide an explanation for the waiver request in an attachment.

Attachments

NOTE: The number of attachments for Supplement A is less than the number of attachments for the main form.

For Items 9-12, the additional Applicant must check the box for each of the following items indicating that it has included the described attachment, as appropriate.

Item 9. If applicable, the Applicant(s) has uploaded an attachment to provide a detailed ownership listing and ownership diagram responding to section 63.18(h) of the Commission’s rules.

Item 10. If applicable, the Applicant(s) has uploaded an attachment identifying any interlocking directorates with a foreign carrier, pursuant to section 63.18(h) of the Commission’s rules.

Item 11. The Applicant has uploaded an attachment providing the information and certifications required by section 1.767(a)(8)(ii-iv) of the Commission's rules.

Item 12. If applicable, the Applicant(s) has uploaded a statement supporting the waiver request and identifying the rule number(s) involved, along with other material information.

Attachments/Confidential Treatment of Attachments

Item 13. If the Applicant is requesting confidential treatment for any of its attachments, answer this question “yes.” Otherwise, answer “no.”

If the Applicant answers “yes” in item 13, then it must upload a supporting statement for the “confidential treatment request(s)” identifying the applicable rule(s) and providing other supporting materials or information. The Applicant must also upload both the Redacted Public version and the Non-Redacted Confidential version of the attachment(s) in the Attachments section which follows below.

The Applicant(s) can upload attachments in this section of the application. The Applicant(s) will identify the attachment(s) with a short name for easy identification of the information included in each attachment.

Note: Each document required to be filed as an attachment should be current as of the date of filing. Each page of every attachment must be identified with the number or letter, the number of the page, and the total number of pages.

In this item, the Applicant may use the upload button to upload its attachments. After uploading, the Applicant can describe the attachment. Also after uploading, the Applicant can click the confidential treatment button next the attachment name if it so desires. Clicking the confidential treatment button will trigger a request to upload both a redacted, public version of the attachment and a public supporting statement justifying the confidentiality request. Identify in the attachment the applicable rule(s) and provide other supporting materials or information. Documents designated for confidential treatment will not be publicly viewable in ICFS while the Commission considers the confidentiality request.

National Security/Law Enforcement Certification Statements

Item 14. In order to submit the application, the Applicant must certify acknowledgement of the following national security and law enforcement requirements by clicking on the single indicated checkbox. If there are multiple applicants, each applicant must certify acknowledgement of these requirements in their Supplements A. These national security and law enforcement requirements include the obligations to:

• Comply with all applicable Communications Assistance for Law Enforcement Act (CALEA) requirements and related rules and regulations, including any and all FCC orders and opinions governing the application of CALEA, pursuant to the Communications Assistance for Law Enforcement Act and the Commission’s rules and regulations in Title 47, part 1, subpart Z;

• Make communications to, from, or within the United States, as well as records thereof, available in a form and location that permits them to be subject to a valid and lawful request or legal process in accordance with U.S. law, including but not limited to:

o The Wiretap Act, 18 U.S.C. § 2510 et seq.;

o The Stored Communications Act, 18 U.S.C. § 2701 et seq.;

o The Pen Register and Trap and Trace Statute, 18 U.S.C. § 3121 et seq.; and

o Other court orders, subpoenas or other legal process;

• Designate a point of contact who is located in the United States and is a U.S. citizen or lawful U.S. permanent resident, for the execution of lawful requests and as an agent for legal service of process (note that these contacts were designated in Item 3 of this application);

• Ensure the continuing accuracy and completeness of all information submitted, whether at the time of submission of the application or subsequently in response to either the Commission or the Committee’s request, as required under section 1.65(a) of the Commission’s rules, and to inform the Commission and the Committee of any substantial and significant changes while an application is pending;

• Ensure that after the application is no longer pending for purposes of section 1.65 of the Commission’s rules, it will notify the Commission and the Committee of any changes in the authorization holder or licensee information and/or contact information promptly, and in any event within thirty (30) days; and

• Fulfill the conditions and obligations set forth in the certifications set out in section 63.18(q) of the Commission’s rules or in the grant of an application or authorization and/or that if the information provided to the United States Government is materially false, fictitious, or fraudulent, it may be subject to all remedies available to the United States Government, including but not limited to revocation and/or termination of the Commission’s authorization or license, and criminal and civil penalties, including penalties under 18 U.S.C. § 1001.

General Certification Statements

Item 15. In order to submit the application, the Applicant must certify acknowledgement of all requirements listed here and elsewhere in this form by clicking on the single indicated checkbox. These requirements include:

• The Applicant certifies that it accepts and will abide by the routine conditions in section 1.767(g) of the Commission’s rules including, but not limited to:

• the licensee(s) 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;

• the licensee(s) 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;

• the licensee(s) shall comply with the requirements of section 1.768 of the Commission’s rules (notification by and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier);

• the licensee(s) must notify the Commission within 30 days of the date the cable is placed into service. The cable landing license shall expire 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;

• licensees shall file submarine cable outage reports as required in 47 CFR part 4;

• 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.

• The Applicant certifies that neither it nor any other party to the application is subject to a denial of Federal benefits, including FCC benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR § 1.2002(b) for the meaning of "party to the application" for these purposes. (This certification does not apply to applications filed in services exempted under § 1.2002(c) of the rules, or to Federal State or local governmental entities or subdivisions thereof, 47 CFR § 1.2002(c).)

• The Applicant certifies that it has provided all the required information and certifications under section 1.767 of the Commission's rules.")

• The Applicant certifies that all of its statements made in this Application regarding the cable and this Supplement A and in the attachments or documents incorporated by reference are material, are part of this Application, and are true, complete, correct, and made in good faith.

Party Authorized to Sign

Each additional Applicant must sign its own Supplement A.

Item 16. Enter all the requested information. Willful false statements are punishable by fine and or/imprisonment (U.S. Code, Title 18, Section 1001). By signing this, you certify that you are a party authorized to sign and all statements made in this application and in the attachment or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.

Item 17. Enter the title of the person signing the application. If the carrier is a corporation or other business entity, the person submitting the application must be an officer.

Item 18. Date signed. The Applicant does not enter a date here. ICFS will fill in the date automatically with the date on which the application is submitted.

WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

August 2024

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