This paper considers indefeasible rights of use (IRUs) against a backdrop of the heightened submarine cable construction and upgrade activity currently being undertaken in the transPacific region. In the first part, this paper looks at the ever-increasing consumer demand for capacity and the response by industry that is seeing to the current capacity boom. The second part of this paper discusses IRUs as a means for industry participants to acquire some of the capacity that is becoming available, and some examples of common reasons for acquiring IRUs. As part of that discussion, this paper makes a superficial distinction between IRUs which are acquired because of the specific treatment afforded to them under Australian tax law (referred to in this paper as 'Tax IRUs'), and IRUs acquired for other reasons (referred to in this paper as 'General IRUs'). Finally, the third part of this paper considers some of the unique issues which can arise in structuring and negotiating an IRU agreement, whether for a General IRU or a Tax IRU. It is seen that these issues need to be carefully considered and addressed by the parties in order to conclude an IRU agreement that appropriately reflects and facilitates each of their commercial objectives both at the outset and throughout the term.