******************************************************** 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 ) ) fONOROLA FIBER DEVELOPMENT INC. ) ) LEDCOR INDUSTRIES, INC. ) ) File No. SCL-AMD-19981112-00026 Application for modification of license to land and ) operate in the United States a fiber optic submarine ) cable system extending between the United States ) and Canada ) SECOND MODIFICATION OF CABLE LANDING LICENSE Adopted: March 29, 1999 Released: March 31, 1999 By the Chief, Telecommunications Division: I. Introduction 1. In this Order, we modify the cable landing license recently granted to fONOROLA Fiber Development Inc. (fONOROLA Fiber) and Ledcor Industries, Inc. (Ledcor) to add Fiberco Telecommunications Corporation (Fiberco) as a third licensee. The original license authorized fONOROLA Fiber and Ledcor to land and operate a fiber optic submarine cable system between the United States and Canada called "America-Canada-1" or "AmeriCan-1." Pursuant to the modified license, AmeriCan-1 will continue to be operated on a non-common carrier basis. II. Comments 2. We placed the application on public notice on December 4, 1998. We received no comments. 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. After coordinating with the National Telecommunications and Information Administration and the Department of Defense, the Department of State stated that it has no objection to amending the cable landing license, which was initially granted on August 19, 1998. III. Discussion 3. We grant Fiberco's request to be added as a third licensee of AmeriCan-1. Fiberco requests the modification in order to purchase a portion of AmeriCan-1, including one of the four fiber bundles and an undivided interest in certain support structures including cable landing stations in the United States. 4. We find that the proposed modification is in the public interest. Fiberco, a Delaware corporation, is indirectly owned by BCE Inc., a publicly-traded Canadian holding company, which also owns 100% of Bell Canada. Because Canada is a member of the World Trade Organization (WTO), we adopt a presumption that the addition of Fiberco as a licensee does not raise concerns that would justify denial of its application on competition grounds. Indeed, as the application states, the addition of Fiberco to the instant license will further expand the extent of facilities-based competition for services between the United States and Canada. According to Fiberco, its Canadian affiliate, Bell Canada, already competes with Call Net and other carriers in the cross-border market, and the scope of such competition is expected to increase pursuant to the October 1, 1998, decision of the Canadian Radio-television and Telecommunications Commission, which lifted remaining restrictions on Canada-overseas and Canada- Canada traffic carried via the United States. IV. Ordering Clauses 5. Consistent with the foregoing and pursuant to the Cable Landing License Act and Executive Order 10530, IT IS ORDERED that application, File No. SCL-AMD-19981112-00026, IS GRANTED and the AmeriCan-1 landing license is MODIFIED to add Fiberco as a licensee of AmeriCan- 1. 6. This Modification of Cable Landing License does not modify any other terms or conditions imposed in the license released on August 21, 1998. 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. FEDERAL COMMUNICATIONS COMMISSION Rebecca Arbogast Chief, Telecommunications Division International Bureau