News
GROUP ASKS FCC TO SCRAP NEW CABLE LANDING LICENSE REGULATIONS
The North American Submarine Cable Assocation (NASCA) has asked the FCC to reconsider its new cable landing license rules, calling them "unnecessary," legally "flawed," and "unworkable at a practical level." In a consolidated petition for reconsideration and petition to defer the effective date of a new certification requirement filed yesterday in International docket 04-47, the group also said the new rules "effectively gut the Commission's submarine cable streamlining rules without any identificable regulatory benefit."
NASCA asked the Commission to rescind the new rules "as ill-conceived and sought by no one - not even by the National Oceanic and Atmospheric Administration," which oversees the Coastal Zone Management Act (CZMA), which the new rules are intended to implement.
The FCC ammended its cable landing license rules and application procedures so they are consistent with the CZMA in an order issued in June that modified some of its parts 1 and 63 rules applying to the provision of international telecommunications services. The order was adopted as part of the agency's 2002 biennial review.
"NASCA's petition for reconsideration consists of five parts," the group said. "First, NASCA explains that the CZMA does not require the FCC to promulgate any rules for the processing of cable landing licenses. Second, NASCA explains that because the Commission failed to account appropriately for states' authority to review 'unlisted activities,' cable landing license applicants cannot comply with the Commission's CZMA rules as adopted. Third, NASCA argues that the Commission erred in assessing the burdens and benefits of its new CZMA rules, mischaracterizing significant delays as 'minimal,' effectively gutting and trivializing its much admired streamlined processing rules for submarine cables, and failing to reconcile its new rules with Commission policies encouraging investment and infrastructure development. Fourth, NASCA argues that the Commission's new CZMA rules are, as a practical matter, unworkable. Fifth, NASCA argues that the Commission's new CZMA rules violate U.S. WTO [World Trade Organization] commitments regarding licensing criteria."- Paul Kirby, paul.kirby@wolterskluwer.com
