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GCI POLICY STATEMENT
AUFS Liability & Gear Compensation Policy

GCI will operate the Alaska United Fiber Optic Cable System (AUFS). AUFS is a 2,300-mile high-speed fiber optic cable connecting Alaska’s major urban centers together, to the continental United States and to the rest of the world. AUFS will transmit voice, video and data telecommunication services for residential, business, government and military users. Service is expected to commence in January 1999 and the cable has an expected life span of 25 years or more. It is GCI’s intent to operate AUFS in areas of shared public lands in a manner that serves the interests of Alaska telecommunication users and other users.

GCI TO SPONSOR INDUSTRY WORK GROUP
AUFS INVITES INTERESTED INDUSTRY TO PARTICIPATE IN A WORK GROUP TO ADDRESS CABLE ISSUES AND TO EXCHANGE INFORMATION. AUFS WILL HOST PERIODIC MEETINGS AT CONVENIENT LOCATIONS TO ENSURE FULL PARTICIPATION. REPRESENTATIVES FROM GOVERNMENT AGENCIES WILL ALSO BE INVITED TO ATTEND. ANY ALASKA MARITIME OR FISHING ORGANIZATION THAT IS INTERESTED IN TAKING PART IN THE AUFS CABLE WORK GROUP SHOULD CONTACT BRUCE REIN AT 907 265 5633.

SAFETY
Mariners must be aware of safety issues while the AUFS cable is being installed and, also, after the cable is permanently laid and located.

AUFS and your local Alaska USCG office can provide information to you on cable installation, location, safety and, also, answer questions on these topics. Also, information on these topics is posted, and will be periodically updated, on the AUFS web site at www.alaskaunited.com. Finally, AUFS will continue to make periodic mailings and publish announcements to mariners, permitted fishers and related organizations, as well as attend maritime trade shows

In this regard, mariners need to be familiar with the AUFS installation schedule, route and cable location in their local areas. Also, mariners need to understand the cable ship signals, communication procedures and other rules of the road that are used during cable installation. Finally, mariners need to exercise prudence when navigating, commercial fishing, or engaging in other maritime activities in the vicinity of the cable in order to avoid accidents during cable installation and after it is laid.

CLAIMS
An owner may submit a claim to AUFS for the value of an anchor, gear or other implement if it was deliberately freed by the vessel operator to prevent cable damage and not recovered. A claim form is under development and will be available prior to cable installation. It may be obtained from AUFS. AUFS will decide to pay or deny the claim within 30 days after a claim form is received by AUFS.

AUFS wants to avoid damage to the AUFS cable so it can provide quality, uninterrupted service to Alaska. Also, AUFS wants to encourage mariners to abandon anchors, gear or other implements believed fouled in the cable to minimize the likelihood of cable damage and accidents. Further, AUFS wants to compile accurate and complete information on contacts and possible contacts between maritime activities and the cable. In this regard, AUFS may periodically survey the cable with a camera equipped ROV to verify entanglements on the cable at locations specified by claimants and to examine the cable for damage. Finally, AUFS encourages reasonable cooperation and communication between AUFS and others who share the seabed.

For these reasons, AUFS may pay a claim even though negligence of the vessel operator or a peril of the sea likely caused fouling with the cable. Also, AUFS may pay a claim even though the implement was likely fouled on something (other than the cable) that lay in the vicinity of the cable. However, payment of a claim by AUFS will not be an admission of liability on the part of AUFS but, instead, a settlement to protect the cable.

Despite this claim policy, AUFS will take action against those persons and vessels that negligently or intentionally damage or break the cable.

GEAR ENTANGLEMENT
A vessel operator should contact AUFS at 1-888-442-8662, toll-free, 24-hours a day, if the operator believes an anchor, gear or other implement of the vessel may be fouled in the cable. AUFS can advise the operator whether the vessel, its anchor, gear or other implement is in the vicinity of the cable based on the vessel location that is provided by the operator. The USCG can be contacted in lieu of contacting AUSF. During cable installation and until the cable is permanently laid and located, a vessel owner can contact Steve Drew of Tyco Submarine Systems, Ltd., at 973 326 2646 for this advice. However, the operator should immediately contact the USCG for assistance if the suspected fouling creates an unsafe condition for the vessel, her crew or others.

The vessel operator should never handle, cut or try to lift the cable. An anchor, gear or other vessel implement believed fouled in the cable should be slipped free if it cannot be easily cleared. A vessel operator should not release the fouled anchor, gear or other implement if the operator believes it may create an unsafe condition for the vessel, her crew or others. In this event, the operator should immediately contact the USCG for assistance.

PROTECTION OF SUBMARINE CABLES
The US Submarine Cable Act (47 USC 21) makes it a federal crime to intentionally or negligently damage or break a submarine cable. Failure to observe cable ship signals or to keep a vessel, fishing gear and other implements required distances from the cable ship or buoys marking the cable are also crimes under this Act.

In addition to criminal penalties under the Cable Act, the cable owner can sue to recover its losses for damage to the cable. According to the International Cable Protection Committee (ICPC), a submarine cable break typically costs $1,000,000 to repair. This estimate does not include the loss of service to telephony customers.

APPLICABILITY
This policy only applies to the AUFS cable located in the federal and state territorial waters off the coast of Alaska. It does not apply to incidents concerning the cable in international, foreign or other US and state territorial waters.

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