The Importance of the United Nations Law of the Sea Convention to the Cable Industry By Douglas R. Burnett1
Ladies and Gentlemen, thank you for the opportunity to tell you about why UNCLOS is important to the cable industry.
United States. As you can confirm for yourself, there are about 29 international cables landing in this country in 9 coastal states.4
By way of disclaimer, my views are based on my experience and do not necessarily reflect the view of the International Cable Protection Committee (ICPC)2, the North American Submarine Cable Association (NASCA)3, or their members. I am confident, however, that my views are consistent with those in the telecom industry who work with submarine cables on a daily basis.
I should point out that the lines showing the cable diameters are not to scale on this chart. As you can see from the samples of actual cables on display here, each of these cables in the ocean is about the size of a garden hose. Their footprint on the seabed is indeed minimal. While their footprint on the vastness of the ocean seabed is benign and virtually unremarkable, their impact on the Unites States is huge.
I note in the audience there are several industry members whom I would like to point out in case you have questions after the presentation. Bob Wargo, Cable Protection Manager for AT&T, Catherine Creese, Director of Permits and Regulatory Affairs for Tyco Telecommunications, and Frank Salley, Project Manager, Submarine Cables for Verizon. Their presence this evening demonstrates the cooperative relationships which enable international telecommunications to function, and the importance they attach to UNCLOS.
What you may not realize is that 70% of all of the country’s international telecom traffic, which includes data transfer and video, is carried on these cables. If you eliminate Canada, 90% of the country’s international traffic is carried on these cables. The disproportionate importance of these cables to the nation’s communication infrastructure can be seen by the fact that if all of the cables were suddenly cut, using every single communications satellite in the sky, only 7% of the United States traffic could be restored. This underscores the incredible capacity of modern fiber optic submarine cables. By any standard, they constitute critical infrastructure to the United States, and indeed the world.
The preamble of UNCLOS states, in part: Recognizing the desirability of establishing through this Convention, with due regard to the sovereignty of all States, a legal order for the seas and oceans for the seas and oceans which will facilitate international communication . . .[Emphasis Added]. Nowhere is this statement truer than with respect to international communication carried by fiber optic cables. No other means provides the reliable and secure capability to absorb the exponentially increasing international communication growth relentlessly fueled by the internet. For those of you who may be wondering about the importance of submarine cables to the United States, I urge you to take a look at the chart on the side wall which shows all of the active cable landings in the
This critical infrastructure, by its very nature, depends upon international cooperation and law. The promise of continued advances in international communications hinges on an international standard providing a compass whereby nations and private companies may steer a course which efficiently allows international communications networks to be seamlessly planned, built, and operated. UNCLOS provides this modern legal compass. Simply stated, without UNCLOS, US telecom companies are hurt in the planning, development, maintenance, and protection of the world’s undersea cable networks. UNCLOS is the key to the world’s international telecommunication system; it unlocks the door for the fullest participation and leadership possible by US telecom companies.
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