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Finance & Legal Issue Finance & Legal Issue Issue 37 March 2008 Submarine Telecoms Forum is published bi-monthly by WFN Strategies, L.L.C. The publication may not be reproduced or transmitted in any form, in whole or in part, without the Welcome to the 37th issue of Submarine Telecoms Forum magazine, our Finance and Legal permission of the publishers. edition. Submarine Telecoms Forum is an independent com mercial publication, serving as a freely accessible forum for profes- sionals in industries connected with submarine optical fibre Hearing from lawyers generally unnerves me; and with the general “excitement” in the worlds technologies and techniques. financial markets of late, I was really wondering what we would be talking about in this issue. Liability: while every care is taken in preparation of this But I am pleased to report that we have some really excellent, thought-provoking articles that publication, the publishers cannot be held responsible for the further push the limits of understanding as to where we are headed in our industry. accuracy of the information herein, or any errors which may occur in advertising or editorial content, or any consequence arising from any errors or omissions. So, for your consideration: The publisher cannot be held responsible for any views expressed by contributors, and the editor reserves the right Glenn Gerstell discusses various financings of submarine fiber optic networks, while Doug to edit any advertising or editorial material submitted for Burnett opines about repair of international cables under the UNCLOS treaty. Howard publication. Kidorf outlines the FCC IBC Fee as Andrew Lipman, Paul Gagnier, and Brett Ferenchak detail © WFN Strategies L.L.C., 2008 National Security Agreements as hurdles to submarine cabling landing licenses. Ken Weiner and Seth Davis illustrate some regulatory and environmental innovative techniques in cable Contributions are welcomed. Please forward projects, and Philip Roche and Daniel Perera anticipate jurisdictional issues arising from cable to the Managing Editor: damage claims. Robert Mazer shows the evolving financial market for subsea cables, and we reprise John Weisbruch’s excellent discussion of issues affecting system rights-of-way and Wayne Nielsen permitting. April’s ENTELEC Conference is also highlighted. Jean Devos returns with his WFN Strategies ever insightful observations, and of course, our ever popular, “where in the world are all those 21495 Ridgetop Circle, Suite 201 pesky cableships” is included as well. Sterling, Virginia 20166 USA Tel: +[1] 703 444 2527 Good reading, Email: [email protected] General Advertising Email: [email protected] Tel: +[1] 703 444 0845 Designed and produced by Unity Business Solutions 2 ����������������� ����������������������� ������������������ � � � � ������������������ � � � � � � � � � An international forum for the expression of ideas and First Quarter 2002 An international forum for the expression of ideas and Second Quarter 2002 opinions pertaining to the submarine telecoms industry opinions pertaining to the submarine telecoms industry An international forum for the expression of ideas and opinions pertaining to the submarine telecom industry 4th Quarter 2001 1 An international forum for the expression of ideas1 and An international forum for the expression of ideas and 1 1 Third Quarter 2002 Fourth Quarter 2002 opinions pertaining to the submarine telecoms industry opinions pertaining to the submarine telecoms industry ������������������ � � � � An international forum for An international forum for the expression of ideas and the expression of ideas and opinions pertaining to the opinions pertaining to the submarine telecoms industry submarine telecoms industry �������������� � ��������������������������������� � ��������������� ������������ ������������ � ����������� �������� � ����������������� �������� Issue 8 Issue 6 Issue 7 May 2003 1 1 January 2003 March 2003 ���������������������� 1 1 6 Years of SubmarineTelecomsFORUM SubmarineTelecoms&/25- 3e[SBSU[ÏU7V[f[a` LEGAL & FINANCE EDITION Subsea Technologies & An international forum for the expression of ideas and opinions ;eegW#+ An international forum for the expression of ideas and opinions Issue 12 ;eegW$& ;eegW#) SubOptic Wrap-upIssue Issue 33 pertaining to the submarine telecoms industry ?SdUZ$""' pertaining to the submarine telecoms industry January 2004 <S`gSdk$""( <S`gSdk$""' July 2007 # 1 1 # SubmarineTelecomsFORUM An international forum for the expression of ideas and opinions pertaining to the submarine telecoms industry Issue 11 November 2003 DWY[a`S^EkefW_e 5th Anniversary Issue 8[`S`UW>WYS^7V[f[a` Cable Systems Second Defense & Non-traditional An international forum for the expression of ideas and opinions Issue 17 ;eegW$' ;eegW$( Issue 29 pertaining to the submarine telecoms industry ?SdUZ$""( ?Sk$""( November 2006 1 Issue November 2004 1 Anniversary 1 # # Issue No 37 Newsnow 6-9 CTC 18 March 2008 Financings Of Submarine Fiber Optic Networks Glenn S. Gerstell 10-12 Entelec 21 Repair of International Cables Under UNCLOS Douglas R. Burnett 14-17 Global Marine Systems 32 Great Eastern 25 Happy Birthday ENTELEC! 19-20 Nexans 13 Cable Damage Claims: Jurisdiction Issues and Settlement OFS 6-9 Philip Roche and Daniel Perera 22-24 STF Advertising 47 Olympic Re-Lay: Innovative Techniques in Cable Projects with STF 2008 Cable Map 36 Regulatory and Environmental Dimensions Ken Weiner and Seth Davis 26-31 WFNS 5 Xtera 17 FCC IBC Fee: Damaging or Anachronistic? Howard Kidorf 33-35 National Security Agreements: A New Hurdle for Submarine Cabling Landing Licenses Andrew D. Lipman, Paul Gagnier, and Brett P. Ferenchak 37-39 The Evolving Market For Subsea Cables Robert Mazer 40-43 System Rights-Of-Way and Permitting – An Exercise in Patience John Weisbruch 44-46 Tracking The Cableships 48-52 Letter To A Friend Jean Devos 53 Upcoming Conferences 54 4 21495 Ridgetop Circle, Suite 201 Sterling, Virginia 20166 USA Tel: +[1] 703 444 2527 www.wfnstrategies.com Engineering of submarine and terrestrial optical cable, microwave/WiMax /WiFi, mobile, satellite and RF systems for commercial, oil & gas and government clients Bangladesh Government Will Allow Second Cable (Sunday February 24, 2008) The Bangladesh government has agreed to allow the private A synopsis of current news items from NewsNow, the weekly news feed available on the Submarine Telecoms Forum website. sector to build a submarine cable. www.subtelforum.com/NewsNow/24_february_2008.htm Akamai Selects Etisalat for Locating its Servers Alcatel-Lucent, Fujitsu to Upgrade in the Middle East (Saturday, March 08, 2008) SEA-ME-WE-4 (Saturday, March 08, 2008) Etisalat Carrier & Wholesale Services has announced Alcatel-Lucent and Fujitsu have announced that they will be Bangladesh Reduces Tariffs to Boost that Akamai Technologies, Inc., the leading global service upgrading the capacity of the SEA-ME-WE-4 submarine cable Internet Usage (Monday, January 28, 2008) provider for accelerating content and applications online, has system that connects numerous countries from Singapore to installed servers and agreed to leverage the Emirates Internet France. The Bangladesh government has reduced the tariffs for Exchange (EMIX) as part of providing services for customers submarine cable capacity by an average of 20 percent to reaching out to end-users in the United Arab Emirates, across www.subtelforum.com/NewsNow/8_march_2008.htm boost usage of the multi-million dollar cable and raise Internet the Middle East, Africa and Asia. connectivity across the country. www.subtelforum.com/NewsNow/8_march_2008.htm www.subtelforum.com/NewsNow/28_january_2008.htm AT&T to Invest $1 Billion in Global Network and Services in 2008 (Saturday, March 08, 2008) Alcatel-Lucent Wins Tahiti-Hawaii Contract AT&T Inc. has announced plans to invest $1 billion in 2008 Batelco to Offer Refund to Customers Affected (Monday, January 28, 2008) to continue the expansion of AT&T’s industry-leading network by Internet Disruption (Sunday February 24, 2008) and portfolio of solutions for multinational companies with Alcatel-Lucent announces the signing of a turnkey contract operations and applications in key markets worldwide. Batelco has announced that, in view of the recent undersea with French Polynesian operator Office des Postes & cable damage that caused inconvenience for Internet users Télécommunications (OPT). www.subtelforum.com/NewsNow/8_march_2008.htm from Egypt, across the Middle East to India, and its customers in Bahrain, it will credit their customers’ Internet accounts with www.subtelforum.com/NewsNow/28_january_2008.htm 50% of their monthly rental broadband charge. www.subtelforum.com/NewsNow/24_february_2008.htm 6 C&MA Signed for I-ME-WE CTC’s Volantis to be used on ConocoPhillips LoFS Huawei Submarine Networks Appoints (Sunday, February 10, 2008) Test Cable Project (Wednesday, February 13, 2008) Industry Veterans to Senior Management Team (Monday, January 28, 2008) Nine major international carriers have signed a formal CTC Marine Projects Ltd (a subsidiary of DeepOcean ASA) Construction and Maintenance Agreement (C&MA) in Rome has announced that its newbuild vessel Volantis will enter into Huawei Submarine Networks Co., Ltd. has announced the to build a high-capacity fiber-optic submarine cable that service on the ConocoPhillips Ekofisk Life of Field Seismic appointment of four new members to its senior management stretches from India to France via the Middle East. (LoFS) Test Cable project, mobilised with CTC’s UT-1 and team at
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