Submarine Cables

Undersea cable systems present issues that involve the intersection of numerous areas of the law – including telecommunications, maritime, environmental, real estate, land use and energy. As a result, you can benefit from a partnership with an interdisciplinary legal team that brings years of experience in each of these areas to your submarine cable-related regulatory, transactional, security and litigation matters.

Full-Spectrum Representation

Holland & Knight can provide you with the full-spectrum of representation relating to submarine cables, including in the following areas:

• U.S. and overseas cable landing licenses
• state and U.S. Army Corps of Engineers permits
• construction and maintenance agreements
• indefeasible right-of-use and collocation contracts
• vessel and ROV/AUV charters
• fault litigation

Cable Regulation Coverage

When it comes to regulatory issues, you can rely on our focused and proactive attention in a wide variety of matters, including:

• FCC cable landing licenses and similar regulatory authorizations in other countries
• U.S. Army Corps of Engineers permits for cable landings and offshore energy communications
• state permits under the Coastal Zone Management Act (CZMA)
• NOAA permits for marine sanctuaries and protected areas
• permits and federal and state licenses for backhaul, satellite, radio, cell towers and wireless applications
• FERC permits for power cables
• permitting outside the United States
• public law advocacy
• environmental issues such as fishing, marine mammals, coral reefs and underwater cultural heritage

Cable Construction and Maintenance

Our team understands the complexity of the cable construction, operations and maintenance issues you face. We respond by drafting every kind of agreement that may arise in your business or agency – from turnkey contracts and IRU, ROW, backhaul and restoration agreements to cable protection, collocation, interconnection, crossing, financing, fishing, C&MA and ship charter agreements. We also draw up contracts for marine depot services, as well as those for offshore communications for oil and gas platforms.

Cable Fault Litigation

When you face litigation involving damage to submarine telecommunications and power cables, you want highly experienced counsel on your side. Holland & Knight’s Maritime and Communications Law Teams have an extensive background of handling these types of cases – more than any other firm in the United States. We are committed to protecting your interests in state and federal courts as well as in national and international arbitration.

Cable and Infrastructure Security

Your success is directly impacted by critical telecommunications and maritime security issues. We can help you to develop vessel and marine depot security plans – and we can take the necessary steps to help ensure your compliance with other requirements of the Department of Homeland Security and the U.S. Coast Guard.

Selected Representative Engagements

Our attorneys’ vast experience in the submarine cable industry includes the following representative matters:

• licensing and permitting associated with TAT-14, U.S.-CHINA, U.S.-Japan, Gemini, Southern Cross, Global Crossing, and various Alaska and Caribbean cable projects
• representing clients before the FCC, U.S. Army Corps of Engineers, NOAA, U.S. Coast Guard, EPA, the California Coastal Commission, the Oregon Department of State Lands, the New Jersey Department of Environmental Protection, the Florida Department of Environmental Protection, and before regulatory bodies in such countries as the United Kingdom, Italy, Australia, New Zealand, and a number of Caribbean and Asian nations, and before UNESCO
• acting as the International Cable Law Advisor for the International Cable Protection Committee (ICPC)
• drafting RFPs for cable maintenance and marine depot services for a major international telecommunications company
• drafting EPC contracts for installation and related services for a submarine cable system for offshore oil platforms in the Gulf of Mexico
• litigation in New York representing the owners of power cables damaged by a survey vessel
• litigation in Washington state representing a state utility company whose cables connecting an island were cut by a tug’s anchor
• litigation in New Jersey representing the owners of the US-Bermuda cable damaged by a fishing vessel
• litigation in New Jersey representing the owners of TAT-3, TAT-4 and TAT-7 against damage caused by fishing vessels
• litigation in New York representing the owners of TATs 4, 5 and 6 cut by a freighter’s anchor
• international arbitration representing the owners of TAT-10 for damage caused by a cable-laying vessel’s ROV
• litigation in Oregon presenting the NPC owners whose cable was cut by a trawler
• international arbitration to recover overcharges from a vessel provider under a cable maintenance agreement
• representing the debtor in the bankruptcy of a major international telecommunications company with respect to its interests in cable repair vessels and ROVs
• international tax assistance for U.S. and foreign submarine cable owners