DRAFT – March 2024
SCL-LIC Form
FCC [[#]] SCL-LIC |
Application for a Submarine Cable Landing License
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Not Yet Approved by OMB 3060-0944 Estimated time per response: 26-156 Edition date: [XXXX 2024] |
[Link to Instructions]
Applicant Information
Applicant Information.
Unincorporated Association: (check box)
Government Entity: (check box)
Corporation: (check box)
Limited Liability Company: (check box)
General Partnership: (check box)
Limited Partnership: (check box)
Limited Liability Partnership: (check box)
Consortium: (a check box)
Other: (check box and a fill-in box)
Name and title; Doing Business As (DBA), address; phone; fax; email; attention to (imported from CORES during authentication)
Contact Information.
Check here if same as the Applicant. (check box)
(If different from the Applicant): Name and title; Doing Business As (DBA), company name; relationship, address; phone; fax; email; (individual fields editable)
Additional Contacts. The Applicant 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. See 47 CFR § 63.18(q)(1)(iii).
3.a. Contact for execution of lawful requests.
Individual Name: [text box]
Company: [text box] [if different than applicant]
Telephone number: [text box]
Fax number: [text box]
Email: [text box]
Complete business address: [text box]
Alternate contact for execution of lawful requests (optional)
(check box) Select if alternate contact has been designated.
[If check box is selected, enter alternate contact information in the following text boxes]
Alternate Individual Name: [text box]
Alternate Company: [text box] [if different than applicant]
Alternate Telephone number: [text box]
Alternate Fax number: [text box]
Alternate Email: [text box]
Alternate Complete business address: [text box]
3.b. Agent for legal service of process
(check box) Select if agent is same as contact for execution of lawful requests.
[If check box is selected, enter information in the following text boxes]
Individual Name: [text box]
Company: [text box] [if different than applicant]
Telephone number: [text box]
Fax number: [text box]
Email: [text box]
Complete business address: [text box]
Alternate contact for execution of lawful requests (optional)
(check box) Select if alternate contact has been designated.
[If check box is selected, enter contact information in the following text boxes]
Alternate Individual Name: [text box]
Alternate Company: [text box] [if different than applicant]
Alternate Telephone number: [text box]
Alternate Fax number: [text box]
Alternate Email: [text box]
Alternate Complete business address: [text box]
Identify the Government, State, or Territory under the laws of which a corporate or partnership Applicant(s) is organized.
[Drop-down menu with list of countries and states if United States is selected with the ability to add/remove additional entries]
(a) Applicant Name
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(b) Government, State, or Territory where Applicant is Organized |
(b)(1) Other Country [available only when the selection in column (b) is “other unspecified area”] |
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[text box] |
Additional Applicants
Are there additional Applicants?
Yes (check box) Enter the name of each additional Applicant for this Cable below.
[text box for filer to provide names of additional applicants. Text box allows for multiple entries]
For each additional applicant, use the “Additional Applicants/SCL-LIC-Supplement A” to provide information for that Applicant.
Applicant Name |
Applicant FRN |
Supplement A [button will open a supplement A for the applicant named in previous cell] |
File no. or link to the prepared Supplement A |
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No (check box)
Application Information
Brief Application Description: [text box]
Name of Cable System: [text box]
Is the Applicant(s) seeking streamlined processing?
Yes (check box) The Applicant must demonstrate eligibility for streamlined processing in an attachment under section 1.767(k) of the Commission’s rules.
No (check box)
Is the Applicant(s) 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?
Yes (check box) [If Yes] Provide the state or territory for which a consistency certification is required and the date that the certification was filed.
CZMA Certificate
(a) State or Territory |
(b) Date Certification Filed |
[[list of states and territories]] |
[[enter date as mm/dd/yyyy]] |
No (check box)
Other Related Filings
Is there a separately related application filing, such as an international section 214 application, or other request filed by the Applicant(s)?
Yes. [check box] If yes, enter below the IBFS File No(s) ,ULS File No(s), and Docket No(s) for the related filings.
IBFS: [fill-in box]
ULS: [fill-in box]
Docket: [fill-in box]
No (check box)
Submarine Cable Information
For each Applicant, provide the following information in the table below pursuant to section 1.767(h) of the Commission’s rules.
Potential Licensees
(a) Name of the Entity that seeks to become Licensee
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(b) The Entity: (1) owns or controls a cable landing station in the United States, (2) owns or controls a 5% or greater interest in the cable system and uses the U.S. points of the cable system, or (3) both owns or controls a cable landing station in the United States and owns or controls a 5% or greater interest in the cable system and uses the U.S. points of the cable system. |
[text box and ability to add rows] |
[Drop down for “owns or controls a 5% or greater interest; owns or controls a U.S. cable landing station; or owns or controls both a 5% or greater interest and a U.S. cable landing station.”] |
Is there any individual or entity holding any ownership interest in the submarine cable system that is not an Applicant for the cable landing license as required by section 1.767(h) of the Commission’s rules?
Yes (check box) In an attachment, explain 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.
No (check box)
Will the cable system be operated on a common carrier basis?
Yes (check box) Provide the File Number and/or AuthID of the associated international section 214 application for the construction and operation of the new facilities.
ICFS: [fill-in box]
AuthID: [fill-in box]
[Ability to add/remove multiple ICFS File Nos.]
No (check box) In an attachment, the Applicant must provide the basis for non-common carrier classification of the proposed system.”
Has the Applicant(s) provided a narrative description of the proposed cable system?
Yes (check box)
No (check box) Applicant must attach an explanation for why it is not providing a narrative description of the proposed cable system.
Submarine Cable Landing Station Location and Ownership Information
Provide the location (by address, if known) of each cable landing station in the United States and in foreign countries, whether it is an existing location or new location, and ownership of the station.
Note to Qs15 and 16: 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. 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.
Cable Landing Station(s) Location and Ownership Information |
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(a) Address |
(b) City |
(c) Country |
(d) U.S. State or Territory (if applicable) |
(e) Cable Landing Station is Existing or New Facility |
(f) Person(s) or Entity(ies) with Ownership and/or Control in cable landing station |
(g) Percentage of Equity Interests Held by Each Individual or Entity in the cable landing station |
(h) Percentage of Voting Interests Held by Each Individual or Entity in the cable landing station |
[Fill-in box] |
[Fill-in box] |
[Drop-down menu] |
[Only if “Country” selected is United States] |
Check boxes with “New” and “Existing”. |
[Fill-in box]
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[Fill-in box] [cannot be less than 0 or greater than 100] |
[Fill-in Box] [cannot be less than 0 or greater than 100] |
[Ability to add/remove rows]
Identify the specific geographic coordinates of the U.S. and foreign landing locations below, as required by 1.767(a)(5) of the Commission’s rules. Provide 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.
U.S. and Foreign Landing Location Information Geographic Coordinates |
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(a) U.S. (Domestic) or Foreign |
(b) Type of Landing Cable Landing Station (CLS) / Beach Joint (Manhole) |
(c) Latitude |
(d) Longitude |
(e) Initial or Final Coordinates |
[Drop-down menu to select “DOM” or “FRGN”] |
[Drop-down menu to select “Cable Landing Station” or “Beach Joint (Manhole)”] |
[Fill-in box for inputting coordinates in Decimal Degrees] |
[Fill-in box for inputting coordinates in Decimal Degrees] |
[Drop down box to indicate if initial or final coordinates] |
[Ability to add/remove rows as needed]
Does the Applicant request confidential treatment for the specific geographic coordinates of the U.S. and foreign landing locations?
Yes (check box) In an attachment, provide an explanation for the request for confidentiality.
No (check box)
Has the Applicant(s) 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?
Does the Applicant(s) request 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?
Yes (check box) In an attachment, provide the basis for the waiver request.
No (check box)
Provide information about the submarine cable as required by section 1.767(a)(4) and (7) of the Commission’s rules.
(a) Identify Cable Segment |
(b) Segment Route |
(c) Number of Fiber Pairs |
(d) Capacity |
(e) Individuals(s) or Entity(ies) with Equity/ Voting Interests in the Cable Segment |
(f) Percentage of Equity Interests Held by Each Individual or Entity in the Cable Segment |
(g) Percentage of Voting Interests Held by Each Individual or Entity in the Cable Segment |
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(b.1) From
(Identify City, U.S. State if applicable, Country) |
(b.2) To
(Identify City, U.S. State if applicable, Country) |
(d.1) Initial |
(d.2) Design |
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[Fill in box] |
[Fill-in box] |
[Fill-in box] |
[Fill-in box] [cannot be less than 0] |
[Fill-in box] |
[Fill-in box] |
[Fill-in box] |
[Fill-in box] [cannot be less than 0 or greater than 100] |
[Fill-in box] [cannot be less than 0 or greater than 100] |
[Ability to add/remove rows]
Foreign Ownership
Does any individual or entity that is not a U.S. citizen hold a 10% or greater direct or indirect equity or voting interest, or a controlling interest, in any Applicant ?
Yes (check box) [if yes, then show Q21a ]
No (check box)
21a. Does this application qualify 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?
Yes (check box) The Applicant must make and attach a specific showing in its application that it qualifies for the exclusion(s), as provided in 47 CFR § 1.40001(a)(2).
No (check box) [If No, then 21.b appears and a check box below 21.b with the following statement] The Applicant acknowledges these requirements.
21b. Applicant for which an 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 the Applicant, will submit:
Responses to standard questions, 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, to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee). The required information shall be submitted separately from the application and shall be submitted directly to the Committee.
A complete and unredacted copy of its 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.
(check box)
[Lead] Applicant Ownership Information
Does any person or entity directly or indirectly have 10% or more of the equity interests and/or voting interests, or a controlling interest, of the Applicant?
Yes (check box) Provide, in the fields below, the name, address, citizenship, and principal business of any person or entity that directly or indirectly owns at least 10% of the equity and/or voting interests or a controlling interest of the Applicant (“interest holder”) and the percentage of equity and/or voting interests owned by each of those entities to the nearest 1%. Also provide, in an attachment, a detailed ownership listing and ownership diagram, as required by section 1.767(a)(8)(i) of the Commission's rules.
(a) Name of Individual or Entity that Directly or Indirectly Owns 10% or More of the Equity and/or Voting Interests of Applicant or Has a Controlling Interest (“Interest Holder”) |
(b) Address of Interest Holder |
(c) Citizenship or Country of Incorporation of Interest Holder [allow for dual citizenship for individuals] |
(c)(1) Dual or More Citizenships (if applicable) |
(d) Principal Business of Interest Holder |
(e) Name of the Entity in Which the Interest Holder has a Direct 10% or More Equity and/or Voting Interest |
(f) Equity Interest Held by Interest Holder (%) |
(g) Voting Interest Held by Interest Holder (%) |
[Fill-in box] |
[Fill-in box] |
[Drop-down menu of countries]
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[Optional column.]
Applicant can choose one or more countries from Drop-down country list. Applicant can select “other non-specified areas.” The “other non-specified areas” must be named in an uploaded attachment.]
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[Fill-in box] |
[Fill-in box]
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Fill-in Box [cannot be less than 0 or greater than 100] |
Fill-in Box |
[Ability to add/remove rows]
No (check box)
Does the Applicant have any interlocking directorates with a foreign carrier, pursuant to section 63.18(h) of the Commission’s rules?
Yes. (check box) In an attachment, identify the interlocking directorates pursuant to section 63.18(h) of the Commission’s rules.
Foreign Carrier Affiliation
Is the Applicant a foreign carrier or is it affiliated with a foreign carrier in any foreign country?
Yes. (check box) Complete the table below and in an attachment, provide the information and certifications required by 47 CFR § 1.767(a)(8)(ii) through (iv).
No (check box) In an attachment, provide the information and certifications required by 47 CFR § 1.767(a)(8)(ii) through (iv).”
24a. If the Answer to Q 24 is Yes]
Provide the affiliation information below:
For column (c)1, choose from one of the following options: (a) The applicant is a foreign carrier in that country; (b) The applicant controls a foreign carrier in that country; (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; or (e) non-standard affiliation (provide explanation)
(a) Name of Foreign Carrier |
(b) Country of Affiliation |
(c)(1) Identify the Type of Affiliation |
(c)(2) Explanation for non-standard Affiliation |
(d) Does the Applicant seek to land and operate a submarine cable connecting the United States to this country? |
(e) Does Applicant/Affiliate Carrier Own or Control Cable Landing Station in this Country? |
(f) Is this country a member of the World Trade Organization? |
[Fill-in box] |
[Drop-down menu of countries]
[Applicant can select “other non-specified areas” and must provide those areas in an uploaded attachment.] |
[Text box with these options]: • (a) The Applicant is a foreign carrier in that country; or •(b) The Applicant controls a foreign carrier in that country; or •(c) Any entity that owns more than 25% of the Applicant, or that 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 international basic telecommunications services in the United States. •(e) N/A [text box for explanation if needed.] |
[Fill-in box if “e” was selected in column (c)(1)] |
[Yes/No radial buttons] |
[Yes/No radial buttons] |
[Yes/No radial buttons] |
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[Ability to add/remove rows]
24b. Do any of the foreign carriers with which the Applicant is affiliated have market power in any of the cable’s destination markets?
Yes (check box) [if checked go to Q24c]
No (check box) [if checked go to Q25]
24c. Applicant agrees to accept and abide by the reporting requirements in section 1.767(l) of the Commission’s rules?
Yes (check box)
No (check box) [if “no” selected, then open 24d]
Waivers
Yes (check box) If yes, attach the request with a supporting narrative and documentation.
No (check box)
25a. If yes, Identify the rule section(s) for which a waiver is sought below.
Application Fees
Will a fee be paid?
26a. If yes, select the appropriate fee code for the application.
[Down box to select fee code]
26b. If no, indicate reason for fee exemption.
Governmental Entity (check box)
Noncommercial educational license (check box)
Attachments
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 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.
(Check Box)
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 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. [Add link to 1.767(h)]
Yes (check box)
N/A (check box)
The Applicant(s) has uploaded an attachment providing the basis for non-common carrier classification of the proposed system.
Yes (check box)
N/A (check box)
The Applicant(s) has provided a narrative description of the proposed cable system.
(Check Box)
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.
Yes (check box)
N/A (check box)
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.
Yes (check box)
N/A (check box)
The Applicant has uploaded an attachment identifying any interlocking directorates with a foreign carrier, pursuant to section 63.18(h) of the Commission’s rules.
Yes (check box)
N/A (check box)
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.
Yes (check box)
N/A (check box)
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.
Yes (check box)
N/A (check box)
If applicable, the Applicant has uploaded a statement supporting the waiver request and identifying the rule number(s) involved, along with other material information.
Yes (check box)
N/A (check box)
The Applicant has uploaded an Executive Branch agency service list as set forth in section 1.767(j) of the Commission’s rules.
Yes (check box)
N/A (check box)
Attachments/Confidential Treatment of Attachments
Is the Applicant requesting confidential treatment of an attachment(s) under section 0.459 of the Commission’s rules?
Yes (check box)
No (check box)
The Applicant 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 below.
Attachment No. |
Description of Attachment |
Confidential Treatment Requested |
Attachment 1 |
[Fill-in box]
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[check box] |
Attachment 2 (Public Version of Confidential Treatment Request and Supporting Statement) |
[Fill-in box]
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Attachment 2(a) (Public Redacted Version) |
[Fill-in box]
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Attachment 2(b) (Confidential Non-Redacted Version) |
[Fill-in box]
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[check box] |
General Certification Statements
In submitting this form,
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 thirty (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 (Lead) Applicant(s) 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. See 47 CFR § 1.2002(c)).
The Applicant(s) certifies that it has provided all the required information and certifications under section 1.767 of the Commission’s rules.
The (Lead) Applicant certifies that it has provided all the required information and certifications under section 1.767 of the Commission’s rules.
The (Lead) Applicant certifies that all of its statements made in this Application (including 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.
(check box)
National Security/Law Enforcement Certification Statements
In submitting this form, the Applicant certifies that it will:
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:
The Wiretap Act, 18 U.S.C. § 2510 et seq.;
The Stored Communications Act, 18 U.S.C. § 2701 et seq.;
The Pen Register and Trap and Trace Statute, 18 U.S.C. § 3121 et seq.; and
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;
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.
(check box)
Party Authorized to Sign.
First Name:
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MI: |
Last Name: |
Suffix: |
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Title:
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Signature:
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45. Date: |
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FAILURE TO SIGN THIS FORM MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID |
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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 LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 35, AND/OR FORFEITURE (U.S. Code, Title 47, Section 503) |
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[Show only if Multiple Applicants is selected]
[Allow Filing of the Multiple Additional Applicants/SCL-LIC-Supplement A]
Additional Applicants/SCL-LIC-Supplement A
(Provide the Requested Additional Information for Each Applicant Covered by the Application Separately)
Additional Applicant Information
Additional Applicant Information
FRN
Applicant/Licensee Legal Entity Type (Select One)
Individual: (check box)
Unincorporated Association: (check box)
Government Entity: (check box)
Corporation: (check box)
Limited Liability Company: (check box)
General Partnership: (check box)
Limited Partnership: (check box)
Limited Liability Partnership: (check box)
Other: (check box and then a fill-in box)
Name and title; Doing Business As (DBA), address; phone; fax; email; attention to (imported from CORES during authentication)
Contact Information
Check here if same as the Applicant. (Check Box)
(If different from the Applicant): Name and title; Doing Business As (DBA), company name; relationship, address; phone; fax; email; (individual fields should be editable on the form screen)
Additional Contacts. The Applicant 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. See 47 CFR § 63.18(q)(1)(iii).
3.a. Contact for execution of lawful requests.
Individual Name: [text box]
Company: [text box] [if different than applicant]
Telephone number: [text box]
Fax number: [text box]
Email: [text box]
Complete business address: [text box]
Alternate contact for execution of lawful requests (optional)
(check box) Select if alternate contact has been designated.
[If check box is selected, enter alternate contact information in the following text boxes]
Alternate Individual Name: [text box]
Alternate Company: [text box] [if different than applicant]
Alternate Telephone number: [text box]
Alternate Fax number: [text box]
Alternate Email: [text box]
Alternate Complete business address: [text box]
3.b. Agent for legal service of process
(check box) Select if agent is same as contact for execution of lawful requests.
[If check box is selected, enter information in the following text boxes]
Individual Name: [text box]
Company: [text box] [if different than applicant]
Telephone number: [text box]
Fax number: [text box]
Email: [text box]
Complete business address: [text box]
Alternate contact for execution of lawful requests (optional)
(check box) Select if alternate contact has been designated.
[If check box is selected, enter contact information in the following text boxes]
Alternate Individual Name: [text box]
Alternate Company: [text box] [if different than applicant]
Alternate Telephone number: [text box]
Alternate Fax number: [text box]
Alternate Email: [text box]
Alternate Complete business address: [text box]
Identify the Government, State, or Territory under the laws of which a corporate or partnership Applicant(s) is organized.
(a) Applicant Name
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(b) Government, State, or Territory where Applicant is Organized |
(b)(1) Other Country [available only when the selection in column (b) is “other unspecified area”] |
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[text box] |
Ownership Information
Applicant Ownership Information
Does any person or entity directly or indirectly have 10% or more of the equity interests and/or voting interests, or a controlling interest, of the Applicant?
Yes (check box) Provide, in the fields below, the name, address, citizenship, and principal business of any person or entity that directly or indirectly owns at least 10% of the equity and/or voting interests or a controlling interest of the Applicant (“interest holder”) and the percentage of equity and/or voting interests owned by each of those entities to the nearest 1%. Also provide, in an attachment, a detailed ownership listing and ownership diagram, as required by section 1.767(a)(8)(i) of the Commission's rules.
(a) Name of Individual or Entity that Directly or Indirectly Owns 10% or More of the Equity and/or Voting Interests of Applicant or Has a Controlling Interest (“Interest Holder”) |
(b) Address of Interest Holder |
(c) Citizenship or Country of Incorporation of Interest Holder [allow for dual citizenship for individuals] |
(c)(1) Dual or More Citizenships (if applicable) |
(d) Principal Business of Interest Holder |
(e) Name of the Entity in Which the Interest Holder has a Direct 10% or More Equity and/or Voting Interest |
(f) Equity Interest Held by Interest Holder (%) |
(g) Voting Interest Held by Interest Holder (%) |
[Fill-in box] |
[Fill-in box] |
[Drop-down menu of countries]
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[Optional column.]
Applicant can choose one or more countries from Drop-down country list. Applicant can select “other non-specified areas.” The “other non-specified areas” must be named in an uploaded attachment.]
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[Fill-in box] |
[Fill-in box]
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Fill-in Box [cannot be less than 0 or greater than 100] |
Fill-in Box [cannot be less than 0 or greater than 100] |
[Ability to add/remove rows]
No (check box)
Does the Applicant have any interlocking directorates with a foreign carrier, pursuant to section 63.18(h) of the Commission’s rules?
Yes. (check box) In an attachment, identify the interlocking directorates pursuant to section 63.18(h) of the Commission’s rules.
No. (check box)
Foreign Carrier Affiliation
Is the Applicant a foreign carrier or is it affiliated with a foreign carrier in any foreign country?
Yes. (check box) Complete the table below and in an attachment, provide the information and certifications required by 47 CFR § 1.767(a)(8)(ii) through (iv).
No (check box) In an attachment, provide the information and certifications required by 47 CFR § 1.767(a)(8)(ii) through (iv).”
7.a. If the Answer to Q 7 is Yes]
Provide the affiliation information below:
For column (c)1, choose from one of the following options: (a) The applicant is a foreign carrier in that country; (b) The applicant controls a foreign carrier in that country; (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; or (e) non-standard affiliation (provide explanation)
(a) Name of Foreign Carrier |
(b) Country of Affiliation |
(c)(1) Identify the Type of Affiliation |
(c)(2) Explanation for non-standard Affiliation |
(d) Does the Applicant seek to land and operate a submarine cable connecting the United States to this country? |
(e) Does Applicant/Affiliate Carrier Own or Control Cable Landing Station in this Country? |
(f) Is this country a member of the World Trade Organization? |
[Fill-in box] |
[Drop-down menu of countries]
[Applicant can select “other non-specified areas” and must provide those areas in an uploaded attachment.] |
[Text box with these options]: • (a) The Applicant is a foreign carrier in that country; or •(b) The Applicant controls a foreign carrier in that country; or •(c) Any entity that owns more than 25% of the Applicant, or that 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 international basic telecommunications services in the United States. •(e) N/A [text box for explanation if needed.] |
[Fill-in box if “e” was selected in column (c)(1)] |
[Yes/No radial buttons] |
[Yes/No radial buttons] |
[Yes/No radial buttons] |
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[Ability to add/remove rows]
7b. Do any of the foreign carriers with which the Applicant is affiliated have market power in any of the cable’s destination markets?
Yes (check box) [go to Q7c]
No (check box) [go to Q8]
7c. [Show this if the Answer to Q 7b is Yes] Applicant agrees to accept and abide by the reporting requirements in section 1.767(l) of the Commission’s rules?
Yes (check box)
No (check box) [open 7d]
7d. Explain [text box]
Waivers
Does the Applicant request a waiver(s) of the Commission’s rules?
Yes (check box) If yes, attach the request with a supporting narrative and documentation.
No (check box)
25a. If yes, Identify the rule section(s) for which a waiver is sought below.
[fill-in box]
Attachments
The Applicant(s) has uploaded an attachment to provide a detailed ownership listing and ownership diagram responding to 63.18(h) of the Commission’s rules.
Yes (check box)
N/A (check box)
The Applicant has uploaded an attachment identifying any interlocking directorates with a foreign carrier, pursuant to section 63.18(h) of the Commission’s rules.
Yes (check box)
N/A (check box)
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.
Yes (check box)
N/A (check box)
If the Applicant is requesting a waiver, it has uploaded a statement supporting the waiver request and identifying the rule number(s) involved, along with other material information.
Yes (check box)
N/A (check box)
Attachments/Confidential Treatment of Attachments
Is the Applicant requesting confidential treatment of an attachment(s) under section 0.459 of the Commission’s rules?
Yes (check box)
No (check box)
The Applicant 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 below.
Attachment No. |
Description of Attachment |
Confidential Treatment Requested |
Attachment 1 |
[Fill-in box]
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[check box] |
Attachment 2 (Public Version of Confidential Treatment Request and Supporting Statement) |
[Fill-in box]
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Attachment 2(a) (Public Redacted Version) |
[Fill-in box]
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Attachment 2(b) (Confidential Non-Redacted Version) |
[Fill-in box]
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[check box] |
General Certification Statements
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;
the licensee(s) must notify the Commission within thirty (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. See 47 CFR § 1.2002(c)).
The Applicant(s) 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.
(check box)
National Security/Law Enforcement Certification Statements
In submitting this form, the Applicant certifies that it will:
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:
The Wiretap Act, 18 U.S.C. § 2510 et seq.;
The Stored Communications Act, 18 U.S.C. § 2701 et seq.;
The Pen Register and Trap and Trace Statute, 18 U.S.C. § 3121 et seq.; and
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;
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.
(check box)
Party Authorized to Sign.
First Name:
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MI: |
Last Name: |
Suffix: |
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Title:
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Signature:
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Date: |
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FAILURE TO SIGN THIS FORM MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID |
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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 LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 35, AND/OR FORFEITURE (U.S. Code, Title 47, Section 503) |
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Modified | 0000-00-00 |
| File Created | 0000-00-00 |