Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C.

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1 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. In the Matter of PPC 1 LIMITED File No. SCL-LIC and PPC 1 (US) INC., Application for a License to Land and Operate a Private Fiber-Optic Cable System Connecting Australia, Guam, and Papua New Guinea, for THE PPC 1 SYSTEM JOINT APPLICATION FOR CABLE LANDING LICENSE STREAMLINED PROCESSING REQUESTED PPC 1 Limited (FCC Registration Number ) and PPC 1 (US), Inc. ( PPC 1 US, FCC Registration Number ) (together with PPC 1 Limited, Applicants ), hereby jointly apply for a license to land and operate in the United States a private fiber-optic submarine cable network connecting Sydney, Australia, with Piti, Guam, and Madang, Papua New Guinea. This non-common carrier cable system will be known as PPC 1. The Applicants will make PPC 1 capacity available to other carriers, Internet service providers, and large end users on an indefeasible right-of-use ( IRU ) or leased-capacity basis, on terms tailored to those customers particular needs. The Applicants intend to begin operation of PPC 1 in the second

2 quarter of The Applicants request streamlined processing for this application, as it raises no competition or other public-interest concerns. The Applicants request streamlined processing pursuant to Section 1.767(k)(2) of the Commission s rules, as they and their foreign affiliates lack market power in PPC 1 s destination markets. An expeditious grant of this application will advance the public interest by ensuring the timely deployment much-needed capacity and redundancy on the Guam-Australia and U.S. Mainland-Australia routes. It would also ensure deployment of the first undersea cable connectivity on the Guam-Papua New Guinea and U.S.-Papua New Guinea route a much needed and less-expensive alternative to existing satellite circuits. I. COMPLIANCE WITH SECTION In accordance with Section of the Commission s rules and Executive Order No. 10,530, the Applicants submit the following information: (1) Applicants Names, Addresses and Telephone Numbers 1 The names, addresses, and telephone numbers of the Applicants are: PPC 1 LIMITED Crawford House 50 Cedar Avenue Hamilton HM 11 Bermuda tel fax PPC 1 (US), INC. c/o Harris, Wiltshire & Grannis LLP th Street, N.W. Suite 1200 Washington, D.C tel fax 1 See 47 C.F.R (a)(1). 2

3 (2) Applicants Places of Incorporation 2 PPC 1 Limited is a limited-liability company organized under the laws of Bermuda. PPC 1 US is a corporation organized under the laws of the State of Delaware. (3) Contact Information 3 The Commission should address correspondence regarding this application to: Tobias Carlisle General Counsel PIPE NETWORKS LIMITED Level 17, PIPE Networks House 127 Creek Street Brisbane QLD 4000 Australia tel fax with a copy to: Kent D. Bressie HARRIS, WILTSHIRE & GRANNIS LLP th Street, N.W., Suite 1200 Washington, D.C tel fax Counsel for PPC 1 Limited and PPC 1 (US), Inc. (4) System Description 4 PPC 1 will consist of a two segments of digital fiber-optic cable. The first segment will connect suburban Sydney, Australia, with Guam ( Australia-Guam Trunk ). The second segment ( PNG Spur ) will connect Madang, Papua New Guinea, with a branching unit located See id., 1.767(a)(2). See id., 1.767(a)(3). See id., 1.767(a)(4). 3

4 on the Australia-Guam Segment. PPC 1 will include an additional branching unit allowing for a future connection to Popondetta, Papua New Guinea, but the Applicants do not seek authority to land and operate at Popondetta at this time. The Australia-Guam Trunk will consist of two optical fiber pairs, with a design capacity of 96 wavelengths (10 Gbps) on each fiber pair, for a total design capacity of 1.92 Tbs. The initial configuration of the Australia-Guam Trunk will provide a total of 140 Gbps of capacity. The initial configuration of the PNG spur will provide a total of 20 Gbps of capacity 10 Gbps on the Papua New Guinea-Guam route and 10 Gbps on the Papua New Guinea-Australia route. Exhibit A of this application provides a route map for PPC 1. The Applicants anticipate that PPC 1 will enter into commercial service in the second quarter of (5) Landing Points 5 PPC 1 s specific landing points are located as follows: 1. New South Wales, Australia Beach manhole (Collaroy Beach): 33 43'43.90" S Latitude, '33.54" E Longitude Cable station (Cromer): Units 13 & 14, 9 Dympna Street, Cromer, '59.19" S Latitude, '56.59" E Longitude 2. Guam Beach manhole (Agat): Lot Nos. 301-A-1 and 301-A-2, Telyfac, 13º 21' 40.32" N Latitude, 144º 38' 57.69" E Longitude Cable station (Piti): Lot 14, Shell Tank Farm, Piti, 13º 24' 56.24" N Latitude, 144º 41' 16.35" E Longitude 3. Madang, Papua New Guinea Beach manhole: 05 12'08.04" S Latitude, '08.08" E Longitude 5 See id., 1.767(a)(5). 4

5 Cable station: Madang Telephone Exchange, Kalibobo Road, Madang, 05 13'08.02" S Latitude, '21.73" E Longitude Maps of these specific landing points are provided in Exhibit B to this application. (6) Regulatory Status 6 The Applicants will operate PPC 1 on a non-common carrier basis. Non-common carrier status of the proposed system is consistent with established Commission policy and judicial precedent, and will advance the public interest. First, the Commission should not subject PPC 1 to common carrier regulation because PPC 1 will not operate on a common carrier basis as defined in NARUC I. 7 The courts have stated that [t]he primary sine qua non of common carrier status is a quasi-public character, which arises out of the undertaking to carry for all people indifferently. 8 On PPC 1, however, the Applicants will not sell capacity indifferently to the user public. Instead, the Applicants will provide bulk capacity to particular users including common carriers, Internet service providers, and large end users who will be able to obtain capacity on the system through IRUs and capacity leases. Capacity on PPC 1 will be assigned pursuant to individualized decisions, depending on the characteristics and needs of the particular capacity purchaser. The See id., 1.767(a)(6). See National Ass n of Regulatory Utility Commissioners v. FCC, 525 F.2d 630, 642 (D.C. Cir.) ( NARUC I ) (stating that the court must inquire whether there are reasons implicit in the nature of... [the] operations to expect an indifferent holding out to the eligible user public ), cert. denied, 425 U.S. 992 (1976). See also Virgin Islands Telephone Corp. v. FCC, 198 F.3d 921 (D.C. Cir. 1999) (affirming FCC s use of NARUC I test for distinguishing common carrier and private carrier services following enactment of the Telecommunications Act of 1996). National Ass n of Regulatory Utility Commissioners v. FCC, 533 F.2d 601, 608 (D.C. Cir. 1976) ( NARUC II ). 5

6 Commission has previously found that such offerings do not make an applicant a common carrier. 9 Second, the Commission should not subject PPC 1 to common carrier regulation because there is no legal compulsion or other public interest reason for the Applicants to operate PPC 1 in such a manner. Under the NARUC I test, the Commission must determine whether the public interest requires common carrier operation of the cable system. 10 Traditionally, the Commission has focused on whether the applicant has sufficient market power to warrant common carrier regulation. 11 PPC 1 poses no such competitive concerns. On routes served by PPC 1 s Australia-Guam Trunk, the Applicants will compete vigorously with providers existing and planned facilities on Southern Pacific routes, including (1) the Australia-Japan Cable, which serves the Australia-Guam route; (2) the Southern Cross Cable Network, which serves the Australia-New Zealand-Hawaii route; and (3) Telstra s planned Sydney-Hawaii system. 12 The Commission has previously found that it can rely upon both existing and planned facilities/services in making competitive assessments See AT&T Corp. et. al, Cable Landing License, 13 FCC Rcd. 16,232, 16,238 (Int l Bur. 1998) ( China-U.S. Cable Order ) (finding that individualized decisions concerning the sale or lease of capacity on the China-U.S. Cable Network would not constitute the effective provision of a service to the public so as to make the applicant a common carrier); AT&T Submarine Systems, Inc., 11 FCC Rcd. 14,885, 14,904 (Int l Bur. 1996) ( St. Thomas-St. Croix Cable Order ) (finding that an offer of access, nondiscriminatory terms and conditions and market pricing of IRUs does not rise to the level of an indiscriminate offering so as to constitute common carriage), aff d 13 FCC Rcd. 21,585 (1998), aff d sub. nom Virgin Islands Telephone Corp. v. FCC, 198 F.3d 921 (D.C. Cir. 1999). NARUC I, 525 F.2d at 642 (stating that the court must inquire whether there will be any legal compulsion... to serve [the public] indifferently ). See St. Thomas-St. Croix Cable Order, 11 FCC Rcd. at 14,893. See FCC File Nos. SCL-LIC (Australia-Japan Cable); SCL-LIC (Southern Cross Cable Network); SCL-LIC (Telstra s Sydney- Hawaii system). General Communication, Inc., Order on Review, 16 FCC Rcd. 4314, (2001). 6

7 On routes served by PPC 1 s PNG Spur, the Applicants will compete with SES New Skies NSS-5 & NSS-6, Indosat s Palapa-C2, and AsiaSat 2, 3S & 4. The Commission has previously considered satellite circuits in evaluating adequate alternative facilities on a particular route 14 and found that the existence of intermodal competition is sufficient to justify noncommon carrier status for an undersea cable system. 15 The Applicants intended operation of PPC 1 is consistent with the Commission s longstanding policy to encourage competition through private submarine cable transmissions, pursuant to which the Commission has granted numerous cable landing licenses. As the Commission noted in drawing an analogy between its private cable policy and its policy of allowing the private sale of domestic satellite transponders, the operation and sale of capacity on a non-common-carrier cable: would (1) permit the providers of capacity to make tailored and flexible arrangements with customers that are not possible under the regimen of a tariffed service offering, (2) enable customers to make long-term plans for the use of facilities with assurance as to facility availability and price, (3) permit systems to be specifically designed to customer needs, and (4) result in positive market development for new and innovative service offerings See SSI Atlantic Crossing LLC, 13 FCC 5961, 5963 & n.12 (Int l Bur. 1997) (noting that Intelsat satellite circuits will provide competitive alternative facilities to the Atlantic Crossing cable system), modified, 12 FCC Rcd. 17,435 (Int l Bur. 1997), further modified, 13 FCC Rcd (Int l Bur. 1998); TeleBermuda International, L.L.C., 11 FCC Rcd. 21,141, 21,145 & n.14 (1996) (noting that Intelsat satellite circuits will provide the only alternative common carrier facilities to the BUS-1 cable system); Tel-Optik Ltd., 100 FCC 2d 1033, 1041 (1985) ( TelOptik ) (noting that with a private cable system, [b]ulk users of broadband and high-speed digital satellite circuits will be able to use cable to satisfy their transmission capacity needs and any special operational and technical requirements ). See, e.g., General Communication, Inc., Cable Landing License, 12 FCC Rcd. 18,292, 18, (Int l Bur. 1999) (noting that existing terrestrial microwave and satellite facilities provided competition on the proposed route of GCI s Alaska United East system), aff d 16 FCC Rcd (2001); Tel-Optik, 100 FCC 2d at 1040, Tel-Optik, 100 FCC at

8 (7) Cable Ownership Information 17 PPC 1 Limited will construct, own, and operate the wet-link portions of PPC 1 s Australia-Guam Trunk outside the territorial seas of the United States and Australia. PPC 1 US will construct, own, and operate the wet-link and shore-end portions of PPC 1 s Australia-Guam Trunk in the United States, including the U.S. territorial sea. PIPE International (Australia) Pty. Ltd. ( PIPE International ) will construct, own, and operate the wet-link and shore-end portions of PPC 1 s Australia-Guam Trunk in Australia, including the Australian territorial sea, and will own the cable station at Cromer, New South Wales. As PIPE International will own less than a 5-percent interest in PPC 1, this entity need not be an applicant for the PPC 1 cable landing license. 18 PPC 1 Limited will construct, own, and operate the wet-link and shore-end portions of PPC 1 s PNG Spur in Papua New Guinea, including the Papua New Guinea territorial sea. Telikom PNG Limited ( Telikom PNG ), the principal international carrier for Papua New Guinea, will own the cable station at Madang, Papua New Guinea. 19 Figure 1 below illustrates graphically the ownership of PPC 1 by segment See 47 C.F.R (a)(7). See id., 1.767(h). At a future date or dates, PPC 1 Limited will likely seek to transfer ownership of the PNG Spur to Telikom PNG. Before consummating any such transfer, the Applicants would of course seek and obtain the prior consent of both the Commission and the Executive Branch. 8

9 PIPE Networks Limited 100% PIPE International (Australia) Pty Ltd 100% 100% PPC 1 Limited 100% >90% PPC 1 (US), Inc. <5% PPC 1 Submarine Cable System <5% Australian territory International waters and Papua New Guinea territory Guam territory Figure 1: Ownership of PPC 1, By Segment The existing cable station at Piti, Guam, is and will continue to be owned by VSNL International (Guam) Inc. ( VSNL Guam ), which the Commission has licensed separately as part of the system now known as VSNL Pacific. 20 PPC 1 US will enter into an agreement with VSNL Guam giving PPC 1 US a long-term lease in VSNL Guam s ducts and conduits connecting PPC 1 s Guam beach landing with the Piti cable station and a long-term lease in the 20 See Actions Taken Under the Cable Landing License Act, Public Notice, 20 FCC Rcd (2005), FCC File No. SCL-ASG (granting consent to transfer of control over Tyco Networks (Guam) L.L.C. s joint interest in the Tyco Pacific undersea cable system (later renamed VSNL Pacific), from Tyco International Ltd. to VSNL Telecommunications (US) Inc.). 9

10 collocation space in the Piti cable station building. Consistent with existing Commission precedent, the Applicants assert that VSNL Guam need not be a joint applicant for the cable landing license for PPC 1. Since late-2001, when the Commission adopted Section 1.767(h), which specifies the entities that must be applicants and licensees, the Commission has consistently declined to require owners of existing and separately-licensed cable stations to be joint applicants or licensees for new undersea cable systems that connect, or will connect, to those existing cable stations. 21 Regardless, VSNL Guam is already subject to Commission jurisdiction with respect to its ownership and operation of the Piti cable station, as VSNL Guam is a joint licensee for VSNL Pacific, obviating any need to include VSNL Guam as a joint applicant or licensee for PPC See Non-Streamlined Submarine Cable Landing License Applications Accepted for Filing, Public Notice, FCC File SCL-LIC , Int l Bur. Report No. SCL-00028NS (rel. Apr. 2, 2007) (declining to require that WCI Cable, Inc. which owned an existing cable station at Nedonna Beach, Oregon be a joint applicant for the Trans-Pacific Express network, which will land at the Nedonna Beach cable station); Actions Taken Under the Cable Landing License Act, Public Notice, FCC File No. SCL-LIC , 21 FCC Rcd (Int l Bur. 2006) (declining to require that AT&T which owned an existing cable station at Seward, Alaska be a joint applicant or licensee for the Kodiak-Kenai Cable System, which landed at the Seward cable station); Actions Taken Under the Cable Landing License Act, Public Notice, FCC File No. SCL-LIC , 20 FCC Rcd.14,639 (Int l Bur. 2005) (declining to require that AT&T and Global Crossing St. Croix, Inc. which owned existing cable stations in Puerto Rico and St. Croix, respectively be joint applicants or licensees for the Global Caribbean Network, which landed at the Puerto Rico and St. Croix cable stations); Actions Taken Under the Cable Landing License Act, Public Notice, FCC File No. SCL-LIC , 19 FCC Rcd. 446 (Int l Bur. 2004) (declining to require that Global Crossing St. Croix, Inc. which owned the existing cable station in St. Croix, USVI be a joint applicant or licensee for the Antilles Crossing system, which landed at the St. Croix cable station); Actions Taken Under the Cable Landing License Act, Public Notice, FCC File No. SCL-LIC , 19 FCC Rcd (Int l Bur. 2003) (declining to require that Telecomunicaciones Ultramarinas de Puerto Rico, Inc. which owned an existing Puerto Rico cable station be a joint applicant or licensee for the SMPR-1 system, which landed at the Puerto Rico cable station), aff d Order on Review, 20 FCC Rcd. 18,732 (2005). See FCC File No. SCL-ASG

11 (8) Corporate Control and Affiliate Information 23 The Applicants submit the following information specified in Sections 63.18(h) through (k) and Section 63.18(o) of the Commission s rules: (i) Certification Regarding Ownership, Citizenship, Principal Businesses, and Interlocking Directorates 24 By the signature below, the Applicants certify respectively to the following. PPC 1 US is a direct, wholly-owned subsidiary of PPC 1 Limited, the details of which are described in part I(1) above. PPC 1 Limited is a direct, wholly-owned subsidiary of PIPE International, an Australian proprietary company limited by shares, organized under the laws of Queensland, Australia, and engaged in the business of telecommunications. PIPE International is a direct, wholly-owned subsidiary of PIPE Networks Limited ( PIPE Networks ), an Australian public company limited by shares, organized under the laws of Queensland, Australia, and engaged in the business of telecommunications. PIPE International and PIPE Networks share the same address: Level 17, PIPE Networks House 127 Creek Street Brisbane QLD 4000 Australia PIPE Networks shares trade publicly on the Australian Stock Exchange under the symbol PWK and are widely held. PIPE Networks has two 10-percent-or-greater direct or indirect shareholders. First, Stephen Ross Baxter, an Australian citizen, owns percent of PIPE Networks ordinary shares. Mr. Baxter is a director and a co-founder of PIPE Networks. His address is as follows: See 47 C.F.R (a)(8). See id., 63.18(h). 11

12 49 Mary Pleasant Drive Birkdale QLD 4159 Australia Second, Bevan Slattery, an Australian citizen, owns percent of PIPE Networks ordinary shares. Mr. Slattery is Chief Executive Officer, a director, and a co-founder of PIPE Networks. His address is as follows: carriers: 56 Candlebark Crescent Chapel Hill QLD 4069 Australia PPC 1 Limited and PPC 1 US have the following interlocking directorates with foreign Stephen Baxter, who is Chief Technical Officer and a director of both PPC 1 Limited and PPC 1 US, is also Chief Technical Officer and a director of PIPE Networks and PIPE International; Gregory Baynton, who is a director of both PPC 1 Limited and PPC 1 US, is also a director of PIPE Networks and PIPE International; Tobias Carlisle, who is General Counsel of both PPC 1 Limited and PPC 1 US, is also General Counsel of PIPE Networks and PIPE International; Roger Clarke, who is Chairman of both PPC 1 Limited and PPC 1 US, is also Chairman of PIPE Networks and PIPE International; Lloyd Ernst, who is a director of both PPC 1 Limited and PPC 1 US, is also a director of PIPE Networks and PIPE International; Bevan Slattery, who is Chief Executive Officer and Managing Director of both PPC 1 Limited and PPC 1 US, is also CEO and Managing Director of PIPE Networks and PIPE International; and Malcolm Thompson, who is Chief Financial Officer, Company Secretary, and a director of both PPC 1 Limited and PPC 1 US, is also Chief Financial Officer, Company Secretary, and a director of PIPE Networks and PIPE International. 12

13 (ii) Certification Regarding Foreign Carrier Status and Foreign Affiliations 25 By the signature below, PPC 1 US certifies that it is not a foreign carrier and that it is affiliated with the following foreign carriers: (1) PIPE International, an Australian carrier, and (2) PIPE Networks, an Australian carrier. By the signature below, PPC 1 Limited certifies that it is a foreign carrier and that it is affiliated with the following foreign carriers: (1) PIPE International, an Australian carrier, and (2) PIPE Networks, an Australian carrier. (iii) Certification Regarding Destination Markets 26 By the signature below, PPC 1 Limited certifies to the following: (1) it is not a foreign carrier in either of PPC 1 s destination markets, Australia and Papua New Guinea; (2) PIPE International directly controls PPC 1 Limited, while PIPE Networks directly controls PIPE International, an Australian carrier; and (3) no grouping of two or more foreign carriers (or parties that control foreign carriers) own, in aggregate, more than 25 percent of PPC 1 Limited and are parties to, or beneficiaries of, a contractual relation affecting the provision or marketing of international basic telecommunications services in the United States. By the signature below, PPC 1 US certifies to the following: (1) it is not a foreign carrier in either of PPC 1 s destination markets, Australia or Papua New Guinea; (2) it does not control a foreign carrier in either of PPC 1 s destination markets, Australia and Papua New Guinea; (3) PIPE International indirectly controls both PPC 1 US, while PIPE Networks directly controls PIPE International, an Australian carrier; and (4) no grouping of two or more foreign carriers (or parties that control foreign carriers) own, in aggregate, more than 25 percent of PPC 1 US and See id., 1.767(a)(8), 63.18(i). See id., 1.767(a)(8), 63.18(j). 13

14 are parties to, or beneficiaries of, a contractual relation affecting the provision or marketing of international basic telecommunications services in the United States. (iv) Certification Regarding WTO Status, Market Power, and the Effective Competitive Opportunities Test 27 By the signature below, PPC 1 Limited and PPC 1 US certify that Australia the only country identified in response to Section 1.767(a)(8) and 63.18(j) of the Commission s rules is a member of the World Trade Organization. 28 (v) Certification Regarding the Anti-Drug Abuse Act of By the signature below, the Applicants certify that no party to this application is subject to a denial of federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti- Drug Abuse Act of (9) Certification Regarding Routine Conditions Set Forth in Section 1.767(g) of the Commission s Rules 30 By the signature below, the Applicants certify that they accepts and will abide by the routine conditions specified in Section 1.767(g) of the Commission s rules. II. CERTIFICATION REGARDING SERVICE TO EXECUTIVE BRANCH AGENCIES Pursuant to Section 1.767(j) of the Commission s rules, 31 the Applicants have sent a complete copy of this application to the U.S. Department of State, the U.S. Department of See id., 1.767(a)(8), 63.18(k). List of WTO Members and Observers (as of July 27, 2007), available at <http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm>. See 47 C.F.R (a)(8), 63.18(o). See id., 1.767(a)(9), (g). See id., 1.767(j). 14

15 Commerce, and the Defense Information Systems Agency. The Applicants counsel has certified such service in the certificate of service attached to this application. III. REQUEST FOR STREAMLINED PROCESSING The Applicants request streamlined processing pursuant to Section 1.767(k)(2) of the Commission s rules, as they and their foreign affiliates lack market power in PPC 1 s destination markets. 32 The application raises no competition or public interest concerns that would merit consideration outside the Commission s streamlined review process. Each of the foreign carriers and affiliates in PPC 1 s identified above in response to Section 1.767(a)(8) and 63.18(j) of the Commission s rules qualifies for a presumption of non-dominance. 33 PIPE International is a newly-formed Australian carrier created for the purpose of landing and operating the PPC 1 system in Australia and holding company created for the purpose of owning the PPC 1 cable station in suburban Sydney and the equity interests in PPC 1 Limited, and PPC 1 US; as such, it has zero percent market share in each of Australia s international transport and local access markets. PIPE Networks holds a telecommunications Carrier License issued by the Australian Communications Authority and operates fiber-optic networks in and around Brisbane, Sydney, and Melbourne; it has zero percent market share in Australia s international transport market and far less than a 50-percent market share in Australia s local access markets, where it competes vigorously with other carriers, including the dominant incumbent, Telstra. None of these three companies appears on the Commission s list of foreign telecommunications carriers presumed to possess market power in foreign telecommunications markets. 34 Moreover, streamlined processing is appropriate under the U.S.-Australia Free Trade Agreement, which provides that the United States will accord to Australian investors and investments treatment no See id., 1.767(k)(2). See id., 63.10(a)(3), 63.12(c)(1)(ii). See The International Bureau Revises and Reissues the Commission s List of Foreign Telecommunications Carriers that Are Presumed to Possess Market Power in Foreign Telecommunications Markets, Public Notice, 22 FCC Rcd. 945 (2007). 15

16 less favorable than that it accords, in like circumstances, to U.S. investors and investments with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments. 35 By the signature below, the Applicants certify that they are aware of and will comply with the requirements of the Coastal Zone Management Act of 1972, as amended ( CZMA ), and the National Oceanic and Atmospheric Administration s CZMA implementing rules, codified at 15 C.F.R. Part 930 Subpart D See U.S.-Australia Free Trade Agreement, arts. 11.1, 11.2 (entered into force Jan. 1, 2005). See Federal Communications Commission, Modification of the Rules and Procedures Governing the Provision of International Telecommunications Service, Notice of Final Rule, 72 Fed. Reg. 54,365 (Sept. 25, 2007) (establishing an effective date of October 25, 2007, for the note to Section 1.767(a)(10) but not Section 1.767(k)(4), which remains subject to approval by the Office of Management and Budget). In certifying its awareness of and compliance with the CZMA, the Applicants do not concede that the legality or policyappropriateness of the Commission s new CZMA rules, given the pending challenge by the North American Submarine Cable Association ( NASCA ) to the Commission s CZMArelated findings, conclusions, and rules adopted in the Commission s Report and Order, FCC , in IB Docket No (released June 22, 2007). See NASCA Consolidated Petition for Reconsideration and Petition to Defer Effective Date, IB Docket No (filed Oct. 25, 2007). 16

17

18 CERTIFICATE OF SERVICE I, Kent D. Bressie, hereby certify that consistent with Section 1.767(j) of the Commission s rules, 47 C.F.R (j), I have served copies of the foregoing Joint Application for Cable Landing License of PPC 1 Limited and PPC 1 (US), Inc., by hand- or overnight delivery on this 11th day of February 2008, to the following: Ambassador David Gross U.S. Coordinator Int l Communications & Information Policy Bureau of Economic and Business Affairs U.S. DEPARTMENT OF STATE EB/CIP : Room C Street, N.W. Washington, D.C Kathy Smith Chief Counsel U.S. DEPARTMENT OF COMMERCE/NTIA 14th Street and Constitution Avenue, N.W. Room 4713 Washington, D.C Hillary Morgan Deputy General Counsel, Regulatory & International Law Code RGC DEFENSE INFORMATION SYSTEMS AGENCY 701 South Courthouse Road Arlington, Virginia Kent D. Bressie

19 LIST OF EXHIBITS Exhibit A: General Route Map for PPC 1 Exhibit B: Maps Providing Specific Landing Point Information in Compliance with 47 C.F.R (a)(5)

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