§ 1.70011 — Applications for modification of a cable landing license.

§ 1.70011 Applications for modification of a cable landing license. Link to an amendment published at 91 FR 46863, July 27, 2026.

A separate application shall be filed with respect to each individual submarine cable system for which a licensee(s) seeks to modify the cable landing license. Each modification application shall include a narrative description of the proposed modification including relevant facts and circumstances leading to the request. Each modification application must contain information pursuant to §§ 1.70002(b) and (c) and 1.70004. Requirements for specific types of modification requests are set out below. For other situations, the licensee(s) should contact Commission staff regarding the required information for the modification application.

(a) An application to add a landing point(s), segment(s), or other like material changes to a submarine cable system must also include the following:

(1) Information as required by § 1.70005(a) through (i), (k), (m), and (o), except as specified in paragraph (a)(2) of this section, as it relates to the modified portion of the cable system and a description of how any new landing point(s) or segment(s) will be connected to the cable system;

(2) Certifications set forth under § 1.70006, except for § 1.70006(d). A licensee seeking a modification of a cable landing license must certify in the application that it has created, updated, and implemented a cybersecurity and physical security risk management plan, consistent with §§ 1.70006(c) and 1.70007(q);

(3) Any other information that may be necessary to enable the Commission to act on the application; and

(4) Signature(s) by each licensee. Joint licensees may appoint one party to act as proxy for purposes of complying with this paragraph (a)(4).

(b) An application to add an applicant as a licensee for an existing cable landing license must also include the following:

(1) Information required by § 1.70005(a) through (c), (g), (j), (k), and (m), except as specified in paragraph (b)(4) of this section, for the proposed new licensee;

(2) Information required by § 1.70005(d) through (f);

(3) Information required by § 1.70005(i) for the proposed new licensee and current owners of the submarine cable system;

(4) Certifications set forth under § 1.70006 for the proposed new licensee, except for § 1.70006(d);

(5) Any other information that may be necessary to enable the Commission to act on the application; and

(6) Signature(s) by the proposed licensee and each current licensee. Joint licensees may appoint one party to act as proxy for purposes of complying with this paragraph (b)(6).

(c) A notification of the removal of a landing point(s), segment(s), or other like changes to a submarine cable system must be filed no later than 30 days after the removal. The notification must also include the following:

(1) Information as required by § 1.70005(a) through (d);

(2) A description of which element(s) were removed from the submarine cable system and the date on which the element(s) was removed from the submarine cable system;

(3) An updated description of the submarine cable system after the removal of the elements of the submarine cable system;

(4) An explanation of what happened with the physical facilities upon removal from the submarine cable system;

(5) An explanation of how the removal affected the ownership of the remaining portions of the submarine cable;

(6) Any other information that may be necessary to enable the Commission to act on the notification; and

(7) Signature(s) by each licensee. Joint licensees may appoint one party to act as proxy for purposes of complying with this paragraph (c)(7).

(d) A notification that a licensee(s) has relinquished an interest in a cable landing license must be filed no later than 30 days after the relinquishment. The notification must also include:

(1) Information required by § 1.70005(a) through (d) for the licensee(s) that relinquished an interest in the submarine cable system;

(2) The ownership interests that were held by that licensee(s) prior to the relinquishment;

(3) Whether the licensee(s) relinquished all of its interests in the submarine cable system or what interests it has retained;

(4) An explanation of what happened to the interests that were relinquished (whether the interests were re-distributed pro rata amongst the remaining licensees or otherwise re-distributed);

(5) A demonstration that the entity is not required to be a licensee under § 1.70003 and that the remaining licensee(s) retain collectively de jure and de facto control of the U.S. portion of the submarine cable system sufficient to comply with the requirements of the Commission's rules in this chapter and any specific conditions of the license;

(6) A signature(s) from the licensee(s) that relinquished its interest;

(7) Any other information that may be necessary to enable the Commission to act on the notification; and

(8) A certification that the notification was served on each of the other licensees of the submarine cable system.

(e) If any joint licensee(s) of a submarine cable no longer exists and did not file a notification to modify the license to relinquish its interest in the license, the remaining joint licensee(s) of the cable may collectively file a modification notification to remove the licensee from the license. Joint licensees may appoint one party to act as proxy for purposes of complying with this paragraph (e). The notification must also include:

(1) Information required by § 1.70005(a) through (d) for the licensee(s) that seeks to remove a licensee(s) from a cable landing license;

(2) An explanation of why the licensee(s) request removal of a licensee(s) from the license;

(3) A description of the efforts to contact the licensee to be removed;

(4) The ownership interests in the submarine cable held by the licensee(s) to be removed;

(5) An explanation of what will happen to the interests of the licensee(s) that will be removed (whether the interests were re-distributed pro rata amongst the remaining licensees or otherwise re-distributed);

(6) A demonstration that the remaining licensee(s) retain collectively de jure and de facto control of the U.S. portion of the cable system sufficient to comply with the requirements of the Commission's rules in this chapter and any specific conditions of the license;

(7) A signature(s) from all of the licensee(s) of the submarine cable that seeks to remove the licensee(s);

(8) Any other information that may be necessary to enable the Commission to act on the notification; and

(9) A certification that the notification was served on each of the other licensees of the submarine cable system.

(f) A notification to add, remove, or otherwise change a condition on the cable landing license regarding compliance with a national security mitigation agreement (e.g., Letter of Agreement or National Security Agreement) must be filed no later than 30 days after the change. The notification must include the following:

(1) Information required by § 1.70005(a) through (c) of the licensee(s) that seeks to add, remove, or change a condition;

(2) Information required by § 1.70005(d);

(3) An explanation of the change in the national security condition;

(4) A copy of the new national security mitigation agreement, if applicable;

(5) A certification that the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector (Committee) agrees with the change;

(6) A certification that the notification has been served on the Chair of the Committee;

(7) A signature(s) from the licensee(s) that seeks to add, remove, or change a condition; and

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

(g) If a landing point is being moved within the same town/city/county as approved in the cable landing license, the licensee(s) must file a notification no later than 30 days after the landing point is moved. The notification must include:

(1) Information as required by § 1.70005(a) through (f), as it relates to the modified portion of the cable system;

(2) Any other information that may be necessary to enable the Commission to act on the notification; and

(3) Signature(s) by each licensee. Joint licensees may appoint one party to act as proxy for purposes of complying with this paragraph (g)(3).

(h) A notification to add an interconnection between two or more licensed cable systems must be filed no later than ninety (90) days prior to construction. The Commission will give public notice of the filing of this description, and grant of the modification will be considered final if the Commission does not notify the applicant otherwise in writing no later than sixty (60) days after receipt of the notification, unless the Commission designates a different time period. If, upon review of the notification, the Commission finds that the proposed interconnection presents a risk to national security, law enforcement, foreign policy, and/or trade policy or raises other concerns, it may require the licensee(s) to file a complete modification application to seek Commission approval for the interconnection. The notification must include:

(1) Information as required by § 1.70005(a) through (c) for each licensee of the submarine cables to be interconnected;

(2) Information as required by § 1.70005(d) and the license file number of each of the cable systems to be interconnected;

(3) A general description of where the interconnection will take place and the terms of the interconnection agreement;

(4) Any other information that may be necessary to enable the Commission to act on the notification; and

(5) Signature(s) by each licensee of each cable to be interconnected. Joint licensees may appoint one party to act as proxy for purposes of complying with this paragraph (h)(5).

(i) A notification to add a new connection between a branching unit of a licensed submarine cable and a foreign landing point must be filed no later than ninety (90) days prior to construction. The Commission will give public notice of the filing of this description, and grant of the modification will be considered final if the Commission does not notify the applicant otherwise in writing no later than sixty (60) days after receipt of the notification, unless the Commission designates a different time period. If, upon review of the notification, the Commission finds that the proposed connection presents a risk to national security, law enforcement, foreign policy, and/or trade policy or raises other concerns, it may require the licensee(s) to file a complete modification application to seek Commission approval for the connection. The notification must include:

(1) Information as required by § 1.70005(a) through (c) for each licensee of the Commission-licensed cable whose branching unit will be used to make the connection between two (or more) foreign points;

(2) Information as required by § 1.70005(d) and the license file number of the Commission-licensed cable whose branching unit will be used to make the connection between two (or more) foreign points;

(3) A description of the proposed connection, including which foreign points would be connected;

(4) The relationship between the owner of the proposed connection and the licensees of the Commission-licensed cable whose branching unit will be used to make the connection between two (or more) foreign points;

(5) An explanation of how the proposed connection would not allow for direct connection from the new foreign point(s) to the United States

(6) Any other information that may be necessary to enable the Commission to act on the notification; and

(7) Signature(s) by each licensee of the cable. Joint licensees may appoint one party to act as proxy for purposes of complying with this paragraph (i)(7).

[90 FR 48699, Oct. 27, 2025]