Communications Litigation Today was a service of Warren Communications News.

FCC denied applications for review of International Bureau’s auth...

FCC denied applications for review of International Bureau’s authorization to General Communications Inc. (GCI) to land and operate Alaska United Cable System. Bureau’s Telecom Div. authorized Alaska United as non-common carrier undersea fiber cable system, spanning Pacific Northwest of U.S. and Alaska. ATU- Long Distance, TelAlaska/ASTAC Long Distance and Alaska Network Systems each had asked FCC to review order in Dec. 1997. Challengers contended GCI should have been required to operate cable on common carrier basis to preclude competitive harm. FCC stood by division’s decision, pointing out availability of other telecom facilities along route, including Northstar Cable System. Commission adopted order Feb. 1 and released it last week. Comr. Furchtgott-Roth issued separate statement that dissented in part, citing his “longstanding view” that FCC lacked authority over undersea cable landing licenses. He has said he doesn’t believe President can grant authority to FCC to approve undersea cable systems under Cable Landing License Act. Apart from that objection, Furchtgott-Roth said “perhaps the most troubling aspect of today’s decision is that it took 3 years for the Commission to reach it.” He apologized to companies, saying they deserved better treatment. “Parties are entitled to the expectation that their Commission business will be resolved in a prompt manner,” he wrote. “By any measure, today’s order fails that test.”