FCC released Order (FCC 99-167) to grant related applicants with the Japan-US CN Cable Landing License on July 9, 1999.
1. In this Order, we grant the joint application1 of the parties listed in the caption (collectively “Applicants” or “JUS”) under the Cable Landing License Act2 for authority to land and operate a non–common carrier submarine fiber optic cable system to be called the Japan-U.S. Cable Network (“Japan-US CN”). The Japan-US CN will extend between three landing points in the United States and three landing points in Japan.
2. Global Crossing Ltd. filed a “Petition to Defer” challenging the structure of the Japan-US CN as anticompetitive. Subsequent to the initial filing of the JUS application, the Applicants notified the Commission that they had amended the construction and maintenance agreement (“C&MA”) for the Japan-US CN to reduce the risk that the Japan-US CN will facilitate the exercise of market power by some or all of its owners. In light of these amendments, we find that grant of the JUS application to land and operate the Japan-US CN subject to the routine conditions listed below would, on balance, serve the public interest. We do not, in this order, dismiss Global Crossing’s claims that consortium cable systems may slow the growth of competition in international telecommunications. Instead, we intend to commence a broader proceeding to examine how our policies regarding licensing submarine cables might best promote competition and benefit consumers.
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