811.7311c Al 5/51
Executive Decree No. 337, March 21, 1921, Granting Permission to the All America Cables, Incorporated, to Land and Operate Cables at Guantanamo 10
[Translation11]
In view of the application filed by Mr. Thomas It. Strahan on behalf of the All America Cables Company, Incorporated, for permit to land, at the U.S. Naval Station at Guantanamo, the cables referred to in Presidential Decrees Nos. 1201 and 1202 of July 20, 1920;
Having heard the opinion of the Director General of Communications, on the recommendation of the Secretary of the Interior, I resolve:
- 1.
- To grant to the All America Cables, Incorporated, the
necessary authorizations or permissions for the establishment,
maintenance, and operation, at the U.S. Naval Station at
Guantanamo, of the cable lines referred to in the following
paragraphs, as well [Page 812] as
for connecting up these lines with the offices of the company at
each of the places mentioned below:
- First: For the cables between Santiago, Cuba, and Guantanamo Bay, as referred to in Presidential Decree No. 1201 of July 20, 1920, or between Santiago, Cuba, and any other place in the immediate vicinity that may be designated by the company, or any place on Guantanamo Bay.
- Second: For the cables between Habana and Guantanamo Bay, granted by Presidential Decree No. 1202, also of July 20, 1920, or between Habana or Cojimar or any other place in the immediate vicinity which may be designated by the company, with the consent of the Cuban Government, which cables shall have their other terminals in Guantanamo Bay or at some other nearby place, with the privilege of establishing connections or substations at any or all of the following points: Baracoa, Nipe or Antilla, Gibara, Nuevitas or Tarafa, Puerto Padre, San Fernando or Moron, Caibarien, Sagua la Grande or Isabela, Cardenas or Matanzas.
- Third: For the already existing cables which extend from the U.S. Naval Station at Guantanamo to New York City in the United States, and to Colon, at the entrance of the Panama Canal.
- Fourth: For one or more cables which the company proposes to run between the U.S. Naval Station at Guantanamo and any point on the Island of Porto Rico, with optional stops in Haiti and Santo Domingo.
- Fifth: For the installation and maintenance of a communication station of the various cables of the company among one another, at the U.S. Naval Station at Guantanamo, and in order to receive and transmit therein all messages which may arrive over any of the cables of the company, wherever situated.
- 2.
- These permits are granted for an indefinite period, without prejudice to the rights of third parties, and it shall not be understood that any monopoly is granted in favor of the All America Cables, Incorporated.
- 3.
- The Cuban Government reserves the right to suspend these permits or take possession of the plants whenever and for such length of time as it may deem suitable in order to protect public interests. In this case the Cuban Government shall determine at its discretion the compensation or indemnity, if any, that is to be received by the All America Cables, Incorporated.
- 4.
- The All America Cables, Incorporated, shall at all times respect the laws, provisions, and resolutions enacted or to be enacted in regard to telegraphic, telephonic, or wireless communications, or to any other system which may exist in future in the interior of the Republic, as far as they may be applicable.
- 5.
- The Government may at any time enact, with respect to this permit, such regulations or rules as it may deem suitable to public interests.
- 6.
- The concessionary company may request that one or more particular parts of the works which it executes be declared public utilities for all legal purposes, the Government reserving the right to make or not the declaration to this effect, at its own discretion in each case.
- 7.
- The location of the landing points of these cables and other work in the maritime zone and on the Cuban shore which is carried on under the jurisdiction and control of the U.S. Government by virtue of the treaty of February 23, 1903, between the Cuban and U.S. Governments, and a lease concluded with said Government on July 2, 1903, shall be executed with the consent and under the inspection of the proper authorities of the U.S. Government after the official permit is obtained from the Government concerned, and the location of all other landing points and other work within the maritime zone on the Cuban coast shall be executed with the consent and under the inspection of the proper authorities of the Cuban Government, being performed after obtaining the official permission of the authorities of said Cuban Government.
- 8.
- The permits granted under this decree shall be understood to take effect upon the publication of the present decree in the Gaceta Ofieial, and taking into account, with respect to those (cables?) having their landing point at the Guantanamo Naval Station, that the concessionary company shall have the necessary permit of the U.S. Government for the purposes of the jurisdiction and control which the Government of said Nation exercises over these lands by virtue of the treaty of February 20, 1903,12 to the terms of which treaty the authorizations or permits granted are subject.
Given at the Executive Mansion at
Habana on March 21, 1921.
M. G. Menocal
President
Charles Hernández
Secretary of the Interior