An applicant must demonstrate in the initial application for a cable landing license that it meets the requirements under § 1.70002(b) and (c), and the initial application must contain:

(a) The name, address, email address(es), and telephone number(s) of each applicant.

(b) The Government, State, or Territory under the laws of which each corporate or partnership applicant is organized.

(c) The name, title, address, email address(es), and telephone number of the officer and any other contact point, such as legal counsel, of each applicant to whom correspondence concerning the application is to be addressed.

(d) The name of the submarine cable system.

(e) A description of the submarine cable system, including:

(1) The States, Territories, or possessions in the United States and the foreign countries where the submarine cable system will land;

(2) The number of segments in the submarine cable system and the designation of each (e.g., Segment A, Main Trunk, A-B segment);

(3) The length of the submarine cable system by segment and in total;

(4) The location, by segment, of any branching units;

(5) The number of optical fiber pairs, by segment, of the submarine cable system;

(6) The design capacity, by segment, of the submarine cable system;

(7) Specific geographic location information (geographic coordinates, street address, county or county equivalent, as applicable), or if not available, a general geographic description and specific geographic location information to be filed no later than ninety (90) days prior to construction regarding:

(i) Each U.S. and non-U.S. cable landing station and beach manhole;

(ii) Each network operations center (NOC) and backup NOC and, if distinct from the NOC, each security operations center (SOC) and backup SOC, or else a statement that the SOC and backup SOC are not distinct from the NOC and/or backup NOC;

(iii) Where each Power Feed Equipment (PFE) and each Submarine Line Terminal Equipment (SLTE) is connected with the terrestrial land based system(s) and from where each is operated; and

(iv) The route position list including the wet segment of the submarine cable system;

(8) Anticipated time frame when the applicant(s) intends to place the submarine cable system into service; and

(9) For each U.S. cable landing station that is not owned by the applicant(s), provide—

(i) The name of the entity(ies) that owns the cable landing station;

(ii) A statement that the owner(s) of the cable landing station will have no ability to significantly affect the operation of the submarine cable system;

(iii) A statement that the applicant(s) will meet the requirements under § 1.70007(k); and

(iv) A statement that the applicant(s) will ensure the landing station lease agreement(s) have initial terms, with extension options at the sole discretion of the applicant(s), for a total of 25 years, coextensive with the term of the cable landing license.

(f) A specific description of the submarine cable system consistent with paragraph (e)(7) of this section, including a map and geographic data in generally accepted GIS formats or other formats. The Office of International Affairs, in coordination with the Office of Economics and Analytics, shall determine the file formats and specific data fields in which data will ultimately be collected.

(1) The applicant initially may file a general geographic description of the information required in paragraph (e)(7) of this section; however, grant of the application will be conditioned on the Commission's final approval of specific location information, consistent with paragraph (e)(7), to be filed by the applicant no later than ninety (90) days prior to construction. The Commission will give public notice of the filing of each description, and grant of the license will be considered final with respect to that specific geographic location unless the Commission issues a notice to the contrary no later than sixty (60) days after receipt of the specific description, unless the Commission designates a different time period.

(2) Information under paragraph (e)(7) of this section and the exact location information of the wet segment as it approaches the shore, the submarine cable as it reaches the beach manhole, and the dry segment including the cable landing station(s), such as where the SLTE is located and/or from where it is operated, will be withheld from public inspection.

(3) The Commission may disclose to relevant Federal Government agencies information submitted by an applicant, petitioner, licensee, or authorization holder about the submarine cable system, including the location information of cable landing stations, beach manholes, PFE, SLTE, NOCs and backup NOCs, SOCs and backup SOCs, and route position lists. Where such information has been submitted in confidence pursuant to § 0.457 or § 0.459 of this chapter, such information may be shared subject to the provisions of § 0.442 of this chapter and, notwithstanding the provisions of § 0.442(d)(1) of this chapter, notice will be provided at the time of disclosure.

(g) A statement disclosing whether or not the applicant uses and/or will use the following third-party service providers, as defined in § 1.70001(d), in the operation of the submarine cable system:

(1) Any entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g);

(2) Any entity identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601 through 1609; and/or

(3) Any entity that can access the submarine cable from a foreign adversary country, as defined in § 1.70001(f), and to identify any such foreign adversary country.

(h) A statement as to whether the cable will be operated on a common carrier or non-common carrier basis. Applicants for common carrier cable landing licenses shall also separately file an application for an international section 214 authorization for overseas cable construction under § 63.18 of this chapter.

(i) A list of all of the proposed owners of the submarine cable system including those owners that are not applicants, their respective equity and/or voting interests in the submarine cable system as a whole, their respective equity and/or voting interests in each U.S. cable landing station including SLTE, and their respective equity and/or voting interests by segment of the cable.

(j) For each applicant:

(1) The information and certifications required in § 63.18(h), (o), (p), and (q) of this chapter;

(2) A certification as to whether or not the applicant is, or is affiliated with, a foreign carrier, including an entity that owns or controls a cable landing station, in any foreign country. The certification shall state with specificity each such country;

(3) A certification as to whether or not the applicant seeks to land and operate a submarine cable connecting the United States to any country for which any of the following is true. The certification shall state with specificity the foreign carriers and each country:

(i) The applicant is a foreign carrier in that country; or

(ii) The applicant controls a foreign carrier in that country; or

(iii) There exists any entity that owns more than 25 percent of the applicant, or controls the applicant, or controls a foreign carrier in that country; or

(iv) Two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, more than 25 percent of the applicant and are parties to, or the beneficiaries of, a contractual relation (e.g., a joint venture or market alliance) affecting the provision or marketing of arrangements for the terms of acquisition, sale, lease, transfer and use of capacity on the cable in the United States; and

(4) For any country that the applicant has listed in response to paragraph (j)(3) of this section that is not a member of the World Trade Organization, a demonstration as to whether the foreign carrier lacks market power with reference to the criteria in § 63.10(a) of this chapter.

(5) Under § 63.10(a) of this chapter, the Commission presumes, subject to rebuttal, that a foreign carrier lacks market power in a particular foreign country if the applicant demonstrates that the foreign carrier lacks 50 percent market share in international transport facilities or services, including cable landing station access and backhaul facilities, intercity facilities or services, and local access facilities or services on the foreign end of a particular route.

(k) The certifications in § 1.70006, including a certification that the applicant accepts and will abide by the routine conditions specified in § 1.70007, and information pursuant to §§ 1.70002(c) and 1.70004(a) and (b);

(l) [Reserved]

(m) Each applicant shall certify that it has created and will implement and update a cybersecurity and physical security risk management plan consistent with § 1.70006(c). Applicants shall submit cybersecurity and physical security risk management plans to the Commission upon request. The Office of International Affairs, in coordination with the Public Safety and Homeland Security Bureau, may request, at its discretion, submission of such cybersecurity and physical security risk management plans and evaluate them for compliance with the Commission's rules in this subpart. The cybersecurity and physical security risk management plans provided under this paragraph (m) shall be treated as presumptively confidential.

(n) Any other information that may be necessary to enable the Commission to act on the application.

(o) Applicants for cable landing licenses may be subject to the consistency certification requirements of the Coastal Zone Management Act (CZMA), 16 U.S.C. 1456,if,in,affecting.

(1) Before filing their applications for a license to construct and operate a submarine cable system or to modify the construction of a previously approved submarine cable system, applicants must determine whether they are required to certify that their proposed activities will comply with the enforceable policies of a coastal state's approved management program. In order to make this determination, applicants should consult National Oceanic Atmospheric Administration (NOAA) regulations, 15 CFR part 930, subpart D, and review the approved management programs of coastal states in the vicinity of the proposed landing station to verify that this type of application is not a listed federal license activity requiring review.

(2) After the application is filed, applicants should follow the procedures specified in 15 CFR 930.54 to determine whether any potentially affected state has sought or received NOAA approval to review the application as an unlisted activity. If it is determined that any certification is required, applicants shall consult the affected coastal state(s) (or designated state agency(ies)) in determining the contents of any required consistency certification(s). Applicants may also consult the Office for Coastal Management (OCM) within NOAA for guidance.

(3) The cable landing license application filed with the Commission shall include any consistency certification required by 16 U.S.C. 1456(c)(3)(A) for any affected coastal state(s) that lists this type of application in its NOAA-approved coastal management program and shall be updated pursuant to § 1.65 to include any subsequently required consistency certification with respect to any state that has received NOAA approval to review the application as an unlisted federal license activity. Upon documentation from the applicant—or notification from each coastal state entitled to review the license application for consistency with a federally approved coastal management program—that the state has either concurred, or by its inaction, is conclusively presumed to have concurred with the applicant's consistency certification, the Commission may take action on the application.