July 30, Re: Sandwich Isles Communications, Inc. Petition for Declaratory Ruling WC Docket No

Similar documents
PUBLIC NOTICE Federal Communications Commission th St., S.W. Washington, D.C

Re: Notice of Ex Parte In the Matters of Technology Transitions, GN Docket No.

'"l Davis Wright!! TremaineLLP

BEFORE THE Federal Communications Commission WASHINGTON, D.C.

VIA ELECTRONIC FILING Marlene Dortch Secretary Federal Communications Commission th Street, SW. Washington, DC 20554

TITLE 11 ADMINISTRATIVE RULES DEPARTMENT OF HEALTH CHAPTER 19 EMERGENCY PLAN FOR SAFE DRINKING WATER

July 22, 2015 VIA ELECTRONIC FILING. Marlene H. Dortch, Secretary Federal Communications Commission th Street, SW Washington, DC 20554

Ethernet Over Copper: The New Wave for Service Industry

November 5, 2014 BY ECFS. Ms. Marlene Dortch Federal Communications Commission 445 Twelfth Street, SW Washington, DC 20554

Telecommunications Advisors Since March 24, Via ECFS

Hawaii Broadband Strategic Plan. December 2012

January 14, 2016 TO: County of Maui Department of Water Supply. County of Maui. County of Kauai Kauai County Council Co,nhi nf Vi ai

PUBLIC NOTICE Federal Communications Commission th St., S.W. Washington, D.C

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C COMMENTS OF VONAGE HOLDINGS CORPORATION

GUIDANCE ON OPEN INTERNET TRANSPARENCY RULE REQUIREMENTS. GN Docket No

The Global Telecommunications Commission - A Model of Broadband Television

Ensuring Business Continuity with Last-Mile Diversity and Redundancy

January 10, Ex Parte. Ms. Marlene H. Dortch Secretary Federal Communications Commission th Street SW Washington, DC 20554

Hawaiian Telcom Investor Presentation. June 2016

Before the Federal Communications Commission Washington, DC 20554

June 20, Petition For Declaratory Ruling Concerning The Bundling of Local Telephone Services With Long Distance Service, CG Docket No.

High Speed and Voice over I.P September 1, 2005

SERVICE TERMS nbn SERVICES

May 16, American Cable Association ( ACA ); Notice of Ex Parte Presentation; MB Docket No

Information Communications Technology (ICT) Innovations Category

Business Continuity White Paper

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON D.C

January 23, Re: Protecting and Promoting the Open Internet, GN Docket No ; Framework for Broadband Internet Service, GN Docket No.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C ) ) ) ) ) ) ) ) COMMENTS OF THE CITY OF NEW YORK

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

Getting Broadband. FCC Consumer Facts. What Is Broadband?

Before the Federal Communications Commission Washington, D.C

911/E911 Disclosure Notice and Acknowledgment

It also provides guidance for rapid alerting and warning to key officials and the general public of a potential or occurring emergency or disaster.

Hawaiʻi Broadband Initiative Broadband Demand Projections for Hawaiʻi over the Coming Decades

NetStream 1 Disaster Recovery Service Service Schedule

U.S. Department of Justice. Federal Bureau of Investigation VIA ELECTRONIC SUBMISSION

Note: Admin rules mis-numbered see 8721 also THE STATE OF NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION IN THE MATTER OF THE PETITION OF

BROADBAND ADOPTION MARKET RESEARCH

Communication Links for Offshore Platforms. A User s Guide to Troposcatter Communications

WHITEPAPER MPLS: Key Factors to Consider When Selecting Your MPLS Provider

HIGH AVAILABILITY FOR BUSINESS- CRITICAL PROCESSES WITH VIPRINET

Connecting Hometown America.

City of Seattle. Paul Schell, Mayor. Department of Information Technology Marty Chakoian, Director and Chief Technology Officer

Safeguarding Hawaii s Small Businesses from Natural Disasters

Senior Director of Global Brand. Roger Charlesworth Executive Director DTV Audio Group. Chief U.S. Correspondent, Spectrum

US Telecom Industry - A Case Study in Service Decisions

UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD UNIFIED PATENTS, INC. Petitioner. BROADBAND itv, INC.

The Long-Term Telephone Number & Regulation Meeting

PTC Research Project Renewable Regional Energy, ICT, & Data Center Assessment Focus on Five Pacific Island Nations

The Kennedy Privacy Law Firm

RESTORATION PROCESS. Step 1 Empire s storm restoration team assesses the damage to the system. This assessment allows Empire. = Location of damage

Schools and Libraries Universal Service Support Mechanism Eligible Services List

PROPOSED REGULATION OF THE PUBLIC UTILITIES COMMISSION OF NEVADA. LCB File No. R October 10, 2000

Attachment D FIBER OPTICS SYSTEM - PHONE SURVEY 3/11/03

MPLS: Key Factors to Consider When Selecting Your MPLS Provider Whitepaper

Inventory of Records. of the. Department. Budget and Finance

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) ORDER. Adopted: February 20, 2013 Released: February 20, 2013

Re: Special Access for Price Cap Local Exchange Carriers, WC Docket No

COMCAST BUSINESS CLASS. Rosa Lasker- Business Account Executive Cell Desk

Computers Are Your Future Prentice-Hall, Inc.

July 24, Re: MM Docket No

SCHEDULE D. SERVICE LEVEL AGREEMENT MERCHANT CARD PROCESSING SERVICES STATE OF NORTH CAROLINA AND SUNTRUST MERCHANT SERVICES Contract Number

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

MAG DATACENTERS, LLC ( FORTRUST ) Service Organization Controls 3

BEFORE THE GUAM PUBLIC UTILITIES COMMISSION ) ) ) ) ) ) BACKGROUND

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C COMMENTS OF PETRA SOLAR, INC.

Regulatory Framework for Disaster Recovery Planning for the ICT Industry

Community Anchor Institution Service Level Agreement

Effect of Fiber Cut in Pakistan

Review Of The Commission Workplace (O1) And Its Role In SIP Interconnection Services

Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC tel fax

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C OPPOSITION OF THE UNITED STATES TELECOM ASSOCIATION

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) ORDER. Adopted: October 2, 2015 Released: October 2, 2015

COMCAST CORP FORM S-8 POS. (Post-Effective Amendment to an S-8 filing) Filed 03/10/16

C-OTYiAVtC/yvCd. '"-.rcservicv. Oito' M30C131 PH2--30

What Is Broadband? How Does Broadband Work?

Before the Federal Communications Commission Washington, DC 20554

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

Sibley County / Fairfax Residential Survey Summary

Cable System Planning and Permitting: Business and Stakeholder Considerations

Presentation for Consultation exercise on the regulation of IP Telephony for Legislative Council Panel on Information Technology & Broadcasting

28 September 2012 BY ELECTRONIC FILING

IP TELEPHONY TAKE YOUR BUSINESS COMMUNICATIONS TO THE NEXT LEVEL

SUPREME COURT OF THE UNITED STATES

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C ) ) ) ) ) COMMENTS OF THE UNITED STATES TELECOM ASSOCIATION

Incident Report on Internet and Phone Outages in Mendocino County

REPORT TO THE TWENTY EIGHTH LEGISLATURE STATE OF HAWAII 2016 REGULAR SESSION

Re: Implementation of the Payphone Reclassification and Compensation Provisions of the Telecommunications Act of 1996 CC Docket No.

Federal Communications Commission Public Safety and Homeland Security Bureau

Supplement No Telephone - PA P.U.C. No. 5 Palmerton Telephone Section 10 Company Original Sheet 1 UNIVERSAL EMERGENCY SERVICE NUMBER - 911

James Barr III President and Chief Executive Officer, TDS Telecom. Driving growth through a reputation for

Data Transmission. from one person or place to another. person or place to another of passing something

7. Broadband Community Profiles Winters

Office of Inspector General

Before the Federal Communications Commission Washington, D.C

data center - why choose a data center facility

Glossary of Telco Terms

colocation vs. managed servers - the difference

Learn the Latest Developments in VoIP Regulation

Transcription:

Dana Frix direct tel (202) 974-5691 dfrix@chadbourne.com July 30, 2010 Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Dear Ms. Dortch: Re: Sandwich Isles Communications, Inc. Petition for Declaratory Ruling WC Docket No. 09-133 Supplement to the Record: Hawaiian Undersea Cable Service Interruption Supports Inclusion of the Paniolo Cable Lease Costs in the NECA Pool Sandwich Isles Communications, Inc. ("SIC") submits this ex parte letter to supplement the record and inform the Commission of a critical failure in Hawaii's telecommunications infrastructure, affecting nearly one third of the citizens of the State of Hawaii, which is directly relevant to this proceeding. The Hawaiian undersea cable service interruption illustrates that the National Exchange Carrier Association's ("NECA") assertions as to the availability and adequacy of capacity on the Hawaiian Telcom and Wavecom undersea cables serving Hawaii is woefully incorrect, that SIC's concerns as to quality and reliability of those undersea cables have been substantiated, and that NECA's refusal to find the Paniolo Cable "used and useful" and include SIC's costs in the NECA pool is contrary to the public interest. The Hawaiian Undersea Cable Service Interruption Three undersea cables serve Hawaii: (i) the "Paniolo Cable" which is leased and operated by SIC and went into service in August 2009, (ii) the "Wavecom undersea cable" owned and operated by TW Telecom and Wavecom Solutions, formerly known as Pacific LightNet, that went into service in 1997, and (iii) the "Hawaiian Telcom undersea cable" owned and operated by Hawaiian Telcom that went into service in 1994. Attachment 1 to this letter includes a newspaper article detailing the interruption of service on the Wavecom undersea cable this past Tuesday, July 27, 2010, and its effect on a significant portion of the Hawaii population,

including the impairment of government communications and the ability of some residents to dial 911 for emergency services. As noted in this article, the service interruption on the Wavecom undersea cable affected service to approximately one third of all Hawaii residents. In light of this failure and the need for significant inter-island capacity, when requested, SIC agreed on an emergency basis to immediately provide 70 Gig of capacity on the Paniolo Cable to assist in the restoration of Oceanic Time Warner's cable and internet service (previously on the Wavecom undersea cable). Implications For This Proceeding The Wavecom undersea cable failure demonstrates conclusively that NECA was simply wrong in its application of the "used and useful" standard and substantiates the accuracy of SIC's earlier statement that it would have been unreasonable to rely upon the Wavecom and Hawaiian Telcom undersea cables, which lack sufficient quality and capacity to meet the needs of Hawaii now, much less into the future. 1 Further, this failure validates the submarine cable industry practice that multiple cables are needed to provide redundancy and backup capacity due to the risk of a cable being cut or damaged, especially in a location like Hawaii with significant ocean depths between islands. The Commission must reject NECA's unfounded contentions that there is sufficient undersea cable capacity and reliability in Hawaii absent the Paniolo Cable. NECA's arguments are clearly inconsistent with the public interest and neither Hawaii nor SIC should continue to be held hostage by NECA's erroneous position in this case. Had this incident occurred prior to the Paniolo Cable being put into service in August 2009, much of Hawaii would be without broadband capability today. The Commission must consider not only the question of when use of the Paniolo Cable capacity will increase, but the probability of failure inherent in the other two undersea cables whose reliability and availability have been proven to be questionable, and the public interest benefits of the Paniolo Cable, which is crucial to providing future capacity for SIC customers as well as redundancy and backup capacity when otherwise required. 1 See White Paper of Sandwich Isles Communications, Inc. In Support of Inclusion of Its Undersea Costs In the NECA Pool, WC Docket No. 09-133 (June 3, 2010) at 12-13. 2

Should additional information be necessary in connection with this matter, please do not hesitate to contact the undersigned. Sincerely yours, /s/ Dana Frix Dana Frix James A. Stenger Megan E.L. Strand Counsel to Sandwich Isles Communications, Inc. Attachment 1: News Article Regarding the Hawaiian Undersea Cable Service Interruption cc: Edward Lazarus, Esq. Austin Schlick, Esq. Greg Vogt, Esq. 3

Attachment 1 News Article Regarding the Hawaiian Undersea Cable Service Interruption

Severed deep-sea cable disrupts service - Hawaii News - Staradvertiser.com Page 1 of 3 Severed deep-sea cable disrupts service By Gene Park / gpark@staradvertiser.com and Gregg Kakesako / gkakesako@staradvertiser.com POSTED: 01:30 a.m. HST, Jul 28, 2010 5 retweet Share When it comes to repairing a severed fiber-optic cable 3,000 feet under the sea, it won't be as simple as calling the cable guy. "Wish it was," said Cliff Miyake, general manager of tw telecom, which co-owns the severed cable that interrupted service for hours to about 400,000 Oceanic Time Warner Cable customers here yesterday. "It could be a very costly repair." At about 1:10 a.m., Oceanic Time Warner started seeing disruptions. It was later discovered that part of a fiber-optic cable was severed about 30 miles off Kihei, Maui. Most, if not all, Internet service was restored by yesterday afternoon. TV service on Maui and the Big Island was the last to be restored because of the cut's proximity to both counties. Oceanic Time Warner rents bandwidth (data transmission capacity) from the fiber-optic cable, co-owned by Colorado-based tw telecom and Wavecom Solutions, formerly Pacific Lightnet. Tw telecom was part of Time Warner Cable but became an independent entity in 2008. Oceanic Time Warner is among 144 Maui firms that rent bandwidth from that section of the cable. That section went online in 1997, Miyake said. When the cable was cut, Internet protocol addresses did not know which route to take back to the mainland. Oceanic crews had to reroute connections through alternate cables connecting the islands. "We have a daisy-chain fiber connection that connects all the islands together," said Norman Santos, Oceanic's vice president of operations. "The main transmission point for Oceanic Cable is here on Oahu." Oahu and Kauai services were restored by 8 a.m. yesterday. Maui and Big Island services were restored by yesterday afternoon. "We have a disaster recovery plan," Miyake said. "There was another separate system we had access to, so we worked to get that up and running, and that's what we'll be using." It was not immediately known how the cable was cut. Initial indications seem to point to the possibility that water may have seeped into the cable, but Santos said crews cannot be sure until they see the cable itself. http://www.printthis.clickability.com/pt/cpt?action=cpt&title=severed+deep-sea+cable+di... 7/29/2010

Severed deep-sea cable disrupts service - Hawaii News - Staradvertiser.com Page 2 of 3 A cable repair ship must be contracted by owners tw telecom and use pontoons to float the cable up to the service for repair. The process is likely to take up to five weeks, Santos said. The cable is a Prisma DT digital transport system by Georgia-based Scientific-Atlanta Inc., which is now part of Cisco Systems Inc., according to Star-Advertiser files. The system delivers Oceanic's video-on-demand and cable channel programming, major broadcast television programming, residential high-speed cable modem service and high-speed data service for government clients. Maui County officials reported that offices with phone numbers that have the 270 prefix were unable to receive or make phone calls due to a disruption of service. Also affected were offices at the county building in Wailuku and administrative offices of the Wailuku Police and Fire departments. Big Island Civil Defense said there was a "minor inconvenience" with Internet service. However, the agency also uses DSL Internet connections. State Civil Defense, which uses a special dedicated line provided by Oceanic, did record that a break occurred, but it did not affect its Internet, said Shelly Ichishita, state spokeswoman. Bank of Hawaii experienced phone problems with service on Maui and the Big Island, but full service was restored at 10:30 a.m. Russell Pang, a spokesman for the Governor's Office, said the state government does not use Oceanic for any of its phone service. Hawaiian Telcom services were not affected by the undersea cable cut, but made its interisland fiber-optic cable network available to assist residents and businesses on the Big Island, Maui, Molokai and Lanai during the cable repair process, said Hawaiian Telcom President and Chief Executive Officer Eric Yeaman in a written statement. Oceanic users having problems connecting with Oceanic Roadrunner Internet service may have to reboot by unplugging the cable modem for 20 seconds and then plugging it back in. Santos said Oceanic is still evaluating whether to allow claims on loss of business due to yesterday's outage. Oceanic has a policy to not respond to claims unless the outage was longer than 24 hours, but Santos acknowledged that yesterday's outage was a unique circumstance. "This is not normal," Santos said. "We'll make the determination, and once we know the final remedy, we'll go from there." Find this article at: http://www.staradvertiser.com/news/20100728_severed_deep-sea_cable_disrupts_service.html http://www.printthis.clickability.com/pt/cpt?action=cpt&title=severed+deep-sea+cable+di... 7/29/2010

Severed deep-sea cable disrupts service - Hawaii News - Staradvertiser.com Page 3 of 3 Check the box to include the list of links referenced in the article. http://www.printthis.clickability.com/pt/cpt?action=cpt&title=severed+deep-sea+cable+di... 7/29/2010