******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Telef˘nica Larga Distancia de Puerto Rico, Inc. ) File No. SCL-97-001(M) ) ) File No. SCL-97-006 Application for a license to land and operate ) a digital submarine cable system between the ) U.S. Virgin Islands, Chile, Peru, Ecuador, ) Panama, Colombia, Venezuela, and Aruba, ) the PAN AMERICAN Cable System ) MODIFICATION OF CABLE LANDING LICENSE Adopted: May 12, 1998 Released: May 15, 1998 By the Chief, Telecommunications Division: I. Introduction 1. In this Order, we modify the cable landing license recently granted to several parties for authority to land and operate a digital submarine cable system to be called the PAN AMERICAN Cable System (PAN AMERICAN). We grant the application of Telef˘nica Larga Distancia de Puerto Rico, Inc. (TLD) under the Cable Landing License Act to add TLD as a licensee of PAN AMERICAN. PAN AMERICAN will extend between the U.S. Virgin Islands, Aruba, Venezuela, Colombia, Panama, Ecuador, Peru and Chile and will be operated on a common carrier basis. We find that TLD has provided sufficient information under our rules to comply with the Cable Landing License Act and therefore grant the cable landing license modification subject to the conditions listed below. II. Application 2. TLD is a corporation organized under the laws of Puerto Rico. TLD is a common carrier subject to the Communications Act of 1934, as amended. TLD states that it has an ownership interest in those portions of PAN AMERICAN located in U.S. territory. 3. PAN AMERICAN will be a common carrier system owned by TLD and by a number of other U.S. and foreign telecommunications entities authorized to land and operate an international submarine fiber optic cable system in Aruba, Venezuela, Colombia, Panama, Ecuador, Peru and Chile. The proposed PAN AMERICAN system will extend between landing points at cable stations in St. Thomas, U.S. Virgin Islands; St. Croix, U.S. Virgin Islands; Baby Beach, Aruba; Punto Fijo, Venezuela; Barranquilla, Colombia; Colon, Panama; Panama City, Panama; Punta Carnero, Ecuador; Lurin, Peru; and Arica, Chile and will be connected with the domestic networks in those countries or territories. 4. A description of the cable system is contained in our original order granting a cable landing license for PAN AMERICAN. III. Comments 5. TLD's application was placed on public notice on November 5, 1997. No comments were received. Pursuant to Section 1.767(b) of the Commission's rules, the Cable Landing License Act, and Executive Order No. 10530, we informed the Department of State of the application. The Department of State advised the Commission that it has no objection to the modification of the cable landing license. IV. Discussion 6. TLD certifies that it is affiliated with foreign carriers in Spain, Argentina, Chile, Peru, and Romania. It is therefore affiliated with foreign carriers in three countries where PAN AMERICAN will land Argentina, Chile, and Peru. We evaluate this application under the policies adopted by the Commission in its recent Foreign Participation Order. In that Order, the Commission decided to apply its open entry policies to applications to land and operate submarine cables between the United States and World Trade Organization (WTO) Member Countries. Because Argentina, Chile, and Peru are members of the WTO, we do not apply the effective competitive opportunities test, and we presume that there is no competition-based reason to deny TLD's application. No party has suggested that this presumption should be rebutted here. Therefore, we find that TLD's foreign affiliations do not raise concerns that could persuade us to deny the application under Section 2 of the Cable Landing License Act. 7. Based on the information provided by the TLD and pursuant to the Commission's procedures implementing the National Environmental Policy Act of 1969, we conclude that the grant of the requested authorization would not significantly affect the environment. Consequently, TLD is not required to submit an environmental assessment, and this application is categorically excluded from environmental processing. 8. We recently granted nine parties a cable landing license to land and operate PAN AMERICAN. By granting this modification, we authorize TLD to own and operate in the United States a share of that same cable system. TLD shall be considered a Licensee of PAN AMERICAN for the purpose of condition 7 of the PAN AMERICAN licensees' cable landing license. 9. Accordingly, we conclude that U.S. interests under the Cable License Landing Act will be served by grant of the license to TLD to land and operate PAN AMERICAN, subject to all of the terms and conditions in the original cable landing license, DA 98-81, File No. SCL-97-001. V. Ordering Clauses 10. In consideration of the foregoing, IT IS ORDERED that the application, File Nos. SCL- 97-006 and SCL-97-001(M), is GRANTED. The PAN AMERICAN cable landing license, SCL-97- 001, is MODIFIED to add Telef˘nica Larga Distancia de Puerto Rico, Inc., as a licensee. This grant is subject to all rules and regulations of the Federal Communications Commission; any treaties or conventions relating to communications to which the United States is or may hereafter become a party; any action by the Commission or the Congress of the United States rescinding, changing, modifying or amending any rights accruing to any person hereunder; and the conditions contained in the cable landing license, SCL-97-001. 11. TLD shall accept the terms and conditions of this license by filing a letter with the Secretary, Federal Communications Commission, Washington, D.C. 20554 within 30 days of the release of this modification. 12. This Order is issued under Section 0.261 of the Commission's rules, 47 C.F.R.  0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R.  1.106, 1.115, may be filed within 30 days of the date of public notice of this order (see 47 C.F.R.  1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Chief, Telecommunications Division International Bureau