Authorization to Enter into Commercial Submerged Lands License Agreements with

Telecommunication Providers.

(a)Notwithstanding any other provision of law, rule, or regulation, I Liheslaturan Guåhan authorizes Chamorro Land Trust Commission

(CLTC)to enter into commercial submerged lands License Agreements for submerged lands under its jurisdiction for the purpose of construction, installation, operation, maintenance, and use of fiber optic cable telecommunications systems subject to the provisions of this Article.

(b)The submerged lands to be licensed (Licensed Properties) shall extend from the line of mean high tide and seaward to a line three

(3)geographical miles distant from the coastline and may include an approximate ten (10+/-) feet wide corridor starting from the mean high tide watermark to the exit offshore for underground conduit infrastructure that would consist of such number of submerged cable ducts and landing pipes as necessary to operate its cable landing stations; provided, that the licensee shall not locate more than six

(6)submarine cables and landing pipes within the Licensed Property. The landing pipes may be installed using the Horizontal Directional Drilling construction method, if required permits and approvals, and concurrence allow. Cut and cover methods on the reef crest and forereef are discouraged.

(c)Licensee shall provide to CLTC and Department of Land Management the Global Positioning System [GPS] Survey Depiction of the final permitted conduit infrastructure.

(d)Term. The License Agreement may be for a term of up to twenty-five

(25)years. Licensee may be afforded up to two

(2)five (5)-year options to renew such License Agreement at its election upon written notification to CLTC at least one hundred eighty

(180)days prior to the end of the twenty-fourth

(24th)year of the original term and one hundred eighty

(180)days prior to the end of the first

(1st)five (5)-year option period. The License Agreement shall be subject to termination by Licensee in the event that Licensee is unable to procure the necessary permits, approvals, and concurrence for the construction and operation of the submarine and terrestrial facilities to support the proposed submarine cable landing activity of Licensee within three

(3)years of the start of the term of the initial License Agreement.

(e)Such License Agreement, subject to the terms stated herein, shall be binding and enforceable in all respects on the CLTC upon execution. CH. 75A CHAMORRO LAND TRUST COMMISSION EFFECTIVE JANUARY 1, 2021

(f)Non-Exclusivity and Non-Interference. Licensee acknowledges that the Cable Easement is nonexclusive. However, CLTC may not unreasonably interfere with the continued operation and maintenance of the Licensee’s landing pipes and manholes and will notify Licensee of any proposed crossing or parallel installation at least sixty

(60)calendar days (Notice Period) prior to any proposed installation, unless installation is required due to an emergency. Licensee shall notify CLTC within the Notice Period if they object to CLTC’s intention to place conduit, utility lines or any other structure or line within the subject easement and shall support with plans and specifications to the satisfaction of CLTC the basis for any contention that there is an unreasonable interference with Licensee’s conduit. CLTC shall at its sole discretion determine whether there is an unreasonable interference with Licensee’s landing pipes. CLTC shall be authorized to install any parallel or crossing installation if it reasonably determines there is no unreasonable interference with Licensee’s landing pipes.