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SEP 0 52019 of the Lntem~Uonat Bureau the SOUTH AMERICA-I (“SAM-I “) SYSTEM

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SEP 0 52019 of the Lntem~Uonat Bureau the SOUTH AMERICA-I (“SAM-I “) SYSTEM Streamlined SCL-STA-20190826-00029 G n e 1B201 9003093 Telxius Cable USA, Inc. te S ~ 5 id utho ck~e’~’, T~ieco~~rnurwc~S,ar, i~€ SCL- MO~-2()i~O3a(.- ~iy~.fl Before the ~ A~i,~;~-i~ ~ /~ ,r~#JonqI ~ FEDERAL COMMUNICATIONS COMMIS ION Washington, D.C. signat re & _________________________________________ E~?n-es. Hqr~k 3 3o~c~ In the Matter of TELXIUS CABLE USA, INC., File No. SCL-STA-2019- TELxIus CABLE PUERTO RICO, INC., AND TELXIUS CABLE AMERIcA, S.A. Request for Special Temporary Authority to Operate Segments Connecting Ecuador and Peru SEP 0 52019 of the lntem~Uonat Bureau THE SOUTH AMERICA-i (“SAM-I “) SYSTEM REQUEST FOR SPECIAL TEMPORARY AUTHORITY Telxius Cable USA, Inc. (“Teixius USA,” FRN 0006650618), Telxius Cable Puerto Rico, Inc. (“Telxius Puerto Rico,” FRN 0022340921), and Telxius Cable America, S.A. (“Teixius America,” FRN 0022340871) (together with Telxius USA and Teixius Puerto Rico, “Applicants”) hereby request special temporary authority (“STA”) to authorize segments of the South America-I (“SAm-I”) submarine cable system connecting Punta Carnero, Ecuador, and Mancora, Peru pending grant of an application to modify the cable landing license for the SAm-I system, which they have concurrently filed with the Commission. The Applicants attach a copy of that license modification application as Exhibit 1 to this request and incorporate it by reference. SAm-I is a non-common carrier system connecting Florida; Puerto Rico, Argentina, Brazil, Chile, Colombia, Ecuador; Guatemala, and Peru. The Commission granted a cable landing license for SAm-i on August 10, 2000,1 and SAm-I entered commercial service on March 26, 2001. The Commission subsequently modified that cable landing license to authorize the extension of SAm-i to Colombia,2 and the Colombia spur entered commercial service in 2008. The Applicants have also applied to modify the SAm-l Cable Landing License to add a landing in the Dominican Republic.3 Upon further review of the licensing history for the SAm-I system, the Applicants and their current counsel discovered that no request had ever been filed with the FCC seeking to modify the SAm-i Cable Landing License to add the segments connecting Punta Carnero, Ecuador, and Mancora, Peru, although those facilities have been referenced in other filings made with the Commission.4 This omission was inadvertent, and the Applicants seek to remedy it in filing a license modification request in addition to this STA request. In Exhibit 1, the Applicants provide complete details of: the Applicants; their ownership and affiliations; the facilities connecting the SAm-i system to Punta Carnero, Ecuador, and Mancora, Peru (which were constructed in 2006 and 2007 and entered into commercial service on October 31, 2007); the ownership of those facilities; the Punta Carnero, Ecuador, and Mancora, Peru, landing points; regulatory status; and associated certifications and streamlining showings. The facilities in question consist of three segments. Segment Mi connects Branching Unit 3 on the original SAm-l system to Branching Unit 3A, off the coast of Ecuador. Segment Telefónica SAM USA, Inc. and Telefonica SAMde Puerto Rico, Inc., Cable Landing License, 15 FCC Rcd. 14,915 (Int’l Bur. 2000) (“SAm-i Cable Landing License”). 2 Actions Taken Under Cable Landing License Act, Public Notice, 22 FCC Rcd. 6630 (Int’l Bur. 2007). ~ Application to Modify the SAm-I Cable Landing License, FCC File No. SCL-MOD 20180905-00032 (filed Sept. 5,2019) (“SAm-l DR Mod App”). “ See, e.g., id. at 2 and Appendix A. M2 connects Branching Unit 3A to a new landing at Punta Carnero, Ecuador (with the cable landing station located inland at Salinas). Segment M3 connects Branching Unit 3A to a new landing at Mancora, Peru. The Applicants acknowledge that grant of this STA request will not prejudice action by the Commission on the underlying license modification application and that such STA is subject to cancellation or modification upon notice. Furthermore, the Applicants acknowledge that such STA can be revoked by the Commission on its own motion without a hearing. CONCLUSION For the foregoing reasons, the Commission should expeditiously grant this STA request and the associated license modification application. Respectfully submitted, Kent Bressie Guillermo Cauiete Colleen Sechrest President, Teixius Cable USA, Inc. HARRIS, WILTSHIRE & GRANNIs LLP President, Teixius Cable Puerto Rico, Inc. 1919 M Street, N.W., Suite 800 1111 Brickell Avenue, Suite 1800 Washington, D.C. 20036-3537 Miami, Florida 33131-3122 +1 202 730 1337 +1 305 925 5256 [email protected] [email protected] Counselfor the Applicants Rafael Arranz Ruiz Attorney at Law Telxius Cable America. S.A. 1111 Brickell Avenue, Suite 1 800 Miami, Florida 33131-3122+1 305 925 5256 [email protected] August 26, 2019 Attachment EXHIBIT 1: APPLCATION TO MODIFY THE SAM-i CABLE LANDING LICENSE Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. In the Matter of TELXIUS CABLE USA, INC., File No. SCL-MOD-2019-__________ TELXIUS CABLE PUERTO RICO, INC., AND TELXIUS CABLE AMERIcA, S.A. Application for Authority to Operate Segments Connecting Ecuador and Peru, and Modify the Cable Landing License, for THE SOUTH AMERICA-I (“SAM-i”) SYSTEM APPLICATION TO MODIFY CABLE LANDING LICENSE— STREAMLINED PROCESSING REQUESTED Telxius Cable USA, Inc. (“Telxius USA,” FRN 0006650618), Telxius Cable Puerto Rico, Inc. (“Telxius Puerto Rico,” FRN 0022340921), and Telxius Cable America, S.A. (“Telxius America,” FRN 0022340871) (together with Telxius USA and Telxius Puerto Rico, “Applicants”) hereby apply to modify the cable landing license for the South America-I (“SAm 1”) submarine cable system to authorize segments connecting Punta Carnero, Ecuador, and Mancora, Peru. The Applicants request streamlined processing for this application pursuant to 47 C.F.R. § I .767(k)(2), as none of the Applicants are affiliated with any foreign carrier with market power in Ecuador or Peru. SAm-I is a non-common carrier system connecting Florida; Puerto Rico; Argentina; Brazil; Chile; Colombia; Ecuador; Guatemala; and Peru. The Commission granted a cable landing license for SAm-i on August 10, 2000,1 and SAm-i entered commercial service on March 26, 2001. The Commission subsequently modified that cable landing license to authorize the extension of SAm-i to Colombia,2 and the Colombia spur entered commercial service in 2008. The Applicants have also applied to modify the SAm-I Cable Landing License to add a landing in the Dominican Republic.3 Upon further review of the licensing history for the SAm-I system, the Applicants and their current counsel discovered that no request had ever been filed with the FCC seeking modification of the SAm-i Cable Landing License to add the segments connecting Punta Carnero, Ecuador, and Mancora, Peru, to the scope of the license, although those facilities have been referenced in other filings made with the Commission.4 This omission was inadvertent, and the Applicants seek to remedy it in filing this license modification request and associated request for special temporary authority. In part I of this application, the Applicants provide the information required by 47 C.F.R. § 1.767. In part II, the Applicants request streamlined processing for this application. I. COMPLIANCE WITH 47 C.F.R. § 1.767 In accordance with 47 C.F.R. § 1.767 and Executive Order No. 10,530, the Applicants submit the following information: I Telefonica SAM USA, Inc. and Telefónica SAMde Puerto Rico, Inc., Cable Landing License, 15 FCC Rcd. 14,915 (Int’l Bur. 2000) (“SAm-i Cable Landing License”). 2 Actions Taken Under Cable Landing License Act, Public Notice, 22 FCC Rcd. 6630 (Int’l Bur. 2007). ~ Application to Modify the SAm-i Cable Landing License, FCC File No. SCL-MOD 20180905-00032 (filed Sept. 5, 2019) (“SAm-I DR Mod App”). ~ See, e.g., id. at 2 and Appendix A. (1) Applicants’ Names, Addresses and Telephone Numbers5 The names, addresses, and telephone numbers of the Applicants are: Telxius Cable USA, Inc. 1111 Brickell Avenue, Suite 1800 Miami, Florida 33131-3122 +1 305 925 5256 Telxius Cable Puerto Rico, Inc. 1111 Brickell Avenue, Suite 1800 Miami, Florida 33131-3122 +1 305 925 5256 Teixius Cable America, S.A. Avenida Luis Alberto de Herrera 1248, piso 4 11300 Montevideo Uruguay +598 2 628 00 20 Telxius America is not currently a licensee for the SAm-I Cable Landing License, as the Commission’s then-extant rules did not require Teixius America to be a joint licensee. Consistent with 47 C.F.R. § 1.767(h)(2) and their pending request to modify the SAm-I Cable Landing License to authorize a landing in the Dominican Republic,6 the Applicants request that the Commission add Telxius America as a joint licensee, as it owns a 5-percent-or-greater interest in the system (as described in part 1(7) below) and uses the U.S. end points of SAm-I. (2) Applicants’ Places of Incorporation7 Telxius USA is a Florida corporation. Telxius Puerto Rico is a Puerto Rico corporation. Telxius America is a Uruguayan corporation. ~ See 47 C.F.R. § 1.767(a)(1). 6 SAm-i DR Mod App at 3; Letter from Kent D. Bressie, Harris, Wiltshire & Grannis LLP, as Counsel for the Applicants, to FCC Secretary Marlene H. Dortch, FCC File No. SCL-MOD 20180905-00032 (filed Nov. 16, 2018) (including certifications with respect to the existing components of the SAm-I system pre-dating the proposed Dominican Republic spur). ~ See 47 C.F.R. § I .767(a)(2). (3) Contact Information for All Applicants8 The Commission should address correspondence regarding this application to: Miguel Garrido de las Heras General Counsel Teixius Telecom S.A.U. Ronda de Ia Comunicación s/n, Edificio Norte 2 -- Plata 1 28050 Madrid, Spain +3491 483 1735 [email protected] with copies to.
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