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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 ) ) TELEBERMUDA ) INTERNATIONAL, L.L.C. ) ) File No. SCL-95-009 Application for a License to Land and ) Operate a Private Submarine Fiber Optic ) Cable between the United States and ) Bermuda ) MEMORANDUM, OPINION AND ORDER Adopted: March 7, 1997 Released: March 10, 1997 By the Chief, Telecommunications Division: 1. On December 6, 1996, we granted TeleBermuda International, L.L.C. (TBI-US) authorization under the Cable Landing License Act to land and operate a digital private fiber optic submarine cable system, BUS-1, extending between the United States and Bermuda. Under the terms of the license, TBI-US was required to "notify the Commission in writing of the precise locations at which the cable will land. . . ." The Commission would then give public notice of the filing of the landing points and grant of the license would be considered final "unless the Commission issues a notice to the contrary no later than sixty days after receipt of the specific description. . . ." 2. On January 10, 1997, TBI-US notified the Commission of the precise landing points of the BUS-1 cable in the United States and Bermuda. The notification included a map plotting the locations at Tuckerton, New Jersey and St. David's, Bermuda. We gave public notice of these filings on January 15, 1997. 3. On February 12, 1997, OPTEL Communications, Inc. (OPTEL) filed a petition to deny TBI-US' original application. OPTEL is the licensee of the U.S. portion of the CANUS-1 cable system extending between the United States and Canada with a planned branch to Bermuda. The proposed owner of the Bermuda branch of CANUS-1 is Cable & Wireless, plc (C&W). OPTEL argues that the Bermuda Government is currently not processing requests for approval to land cables in a straightforward manner. Specifically, OPTEL argues that C&W's request to land and make necessary expenditures for its cable in Bermuda has been pending with the Bermudian Government since October 1994. OPTEL argues that the "unexplained, unreasonable delay" on the part of the Bermudian Government injures OPTEL because it prevents OPTEL from using part of CANUS-1 (i.e., the Bermuda branch). The Commission thus should defer final approval of TBI-US' license to land its cable in the United States until the Bermuda Government issues its approval to C&W, according to OPTEL. At a minimum, OPTEL argues, the Commission should condition final approval upon a requirement of routine and regular processing of cable landing license applications in Bermuda. 4. In response to OPTEL's petition, TBI-US argues that OPTEL has failed to raise any material questions regarding TBI-US' filing of the precise landing points of the BUS-1 cable, and thus the Commission should take no further action on this matter. Specifically, TBI-US asserts that: (1) OPTEL's request goes beyond the Commission's request for comment in its public notice; (2) the Commission has already considered and rejected OPTEL's request in granting TBI-US its cable landing license; and (3) grant of OPTEL's request would require the Commission to repudiate its analytical framework for consideration of applications for private submarine cable landing licenses. In addition, TBI-US states that OPTEL appears to be acting on behalf of C&W, the monopoly provider of telecommunications services between the United States and Bermuda and asks the Commission to consider the competitive implications of OPTEL's request. 5. We deny OPTEL's petition. OPTEL's petition, in essence, is an untimely petition for reconsideration of our decision to grant TBI-US a cable landing license. OPTEL appears to argue that because of TBI-Bermuda's 20 percent ownership interest in TBI-US, we should defer final approval of this license until the Bermuda Government acts on the CANUS-1 application. In our decision earlier in this proceeding, we found that TBI-Bermuda's 20 percent ownership interest in TBI-US did not implicate the reciprocity provisions of the Cable Landing License Act. Thus, we did not apply a reciprocity analysis to this application. Petitions for reconsideration of our decision were due January 6, 1997. None were filed. Thus, the only remaining issue and the only issue raised by our January 15, 1997 public notice is the proposed landing points for the BUS-1 cable. Because OPTEL did not address the proposed landing points, and no other comments have been received, we find no basis to delay or defer final grant of TBI-US' cable landing license. Accordingly, TBI-US' license will be considered final sixty-one days after our receipt of TBI-US' notification. 6. Accordingly, IT IS ORDERED that OPTEL's petition to deny TBI-US' application is DENIED. 7. This Order is issued under Section 0.261 of the Commission's rules, 47 C.F.R.  0.261, and is effective upon adoption. 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