Attachment Petition dtd 6/7/04

This document pretains to ITC-214-20030728-00376 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142003072800376_536418

U.S. Department of Justice Federal Bureau of Investigation insel Ms. Marlene H. Dortch Federal Communications Commission 445 12th Street, S.W. Room TW—B204 Washington, D.C. 20554 Re: Petition to Adopt Conditions to Authorizations and Licenses In re Application: of VSNL America, Inc. Application for Authority to Operate as a U.S. International Telecommunications Carrier under Section 214 of the Communications Act of 1934, Application File No. ITC—214—20030728—00376 Dear Ms. Dortch: Transmitted herewith, on behalf of the United States Department of Justice, including the Federal Bureau of Investigation ("FBI")(collectively, the "DOJ"), and the United States Department of Homeland Security ("DHS") is a "Petition to Adopt Conditions to Authorizations and Licenses", with attachments, in the above—referenced matter. Please accept this Petition and be advised that the DOJ and the DHS have no objection to the Commission granting the application filed in the above—referenced matter, provided that the Commission conditions its grant on compliance by Videsh Sanchar Nigam Limited and VSNL America with the terms of the Agreement reached between VSNL and VSNL America, on the one hand, and the DOJ and the DHS, on the other . Sincerely, 935 Pennsylvania Ave., N.W., Room 7877 Washington, D.C. 20535 Attachment co: Qualex International

RECEIVED JUN 1 5 2004 Policy Division Before the international Bureau Federal Communications Commission RECEIVED Washington, DC 20554 JuUN — 4 2004 m In re Application of VSNL America, Inc. Application File No. Application for Authority to Operate as a U.S. ITC—214—20030728—00376 International Telecommunications Carrier under Section 214 of the Communications Act of 1934 PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The United States Department of Justice, including the Federal Bureau of Investigation ("FBI") (collectively, the "DOJ"), and the United States Department of Homeland Security ("DHS") respectfully submit this Petition to Adopt Conditions to Authorizations and Licenses ("Petition"), pursuant to Section 1.41 of the rules of the Federal Communications Commission ("FCC" or "Commission").‘ Through this Petition, the DOJ and DHS advise the Commission that they have no objection to the Commission granting the application filed in the above— referenced docket, provided that the Commission conditions its grant on compliance by Videsh Sanchar Nigam Limited ("VSNL") and VSNL America ("VSNL America") with the terms of the Agreement (attached hereto as Exhibit 1) reached between VSNL and VSNL America, on the one hand, and the DOJ (including the FBI) and DHS, on the other. 147 C.ER. § 1.41.

In the captioned matter, VSNL America has filed, pursuant to Section 214 of the Communications Act of 1934 ("Act), as amended, an application seeking Commission authority to operate as a facilities—based carrier and as a resale carrier for the provision of international switched and private line services to all international points. VSNL America is a U.S. company, incorporated in Delaware, and is 100% owned directly by VSNL. Foreign ownership of VSNL greater than 10% includes a 45% indirect interest held by the Tata Group of Mumbai, India (a commercial conglomerate consisting of approximately 80 companies), and a 26.1% interest held directly by the Government of India. As the Commission is aware, the DOJ and DHS maintain that their ability to satisfy their obligations to protect the national security, enforce the laws, and preserve the safety of the public could be sigfiificantly impaired by transactions in which foreign entities will own or operate a part of the U.S. communications system, or in which foreign—located facilities will be used to provide domestic communications services to U.S. customers. In such cases, the DOJ and DHS have stated that foreign involvement in the provision of U.S. communications must not be permitted to impair the U.S. government‘s ability to satisfy its obligations to U.S. citizens to (1) carry out lawfully—authorized electronic surveillance of domestic U.S. calls or calls that originate or terminate in the United States; (2) prevent and detect foreign—based espionage and electronic surveillance of U.S. communications, activities which if allowed to occur undetected would jeopardize the security and privacy of U.S. communications and undermine prosecution of individuals involved in such activities; and (3) satisfy U.S. critical infrastructure protection requirements. To address these concerns, the DOJ, the FBI, and other federal agencies have entered into agreements with the appropriate parties. The agreements reached in the past have 247 U.S.C. § 214.

been filed by stipulation among the parties with the Commission, and the Commission has conditioned its grants of approvals of the requested authorizations or transfers of control on compliance with the terms of the agreements." On May 24, 2004, the DOJ, FBI and DHS entered into the Agreement attached hereto with VSNL and VSNL America. This Agreement is intended to ensure that the DOJ, FBI, DHS and other entities with responsibility for enforcing the law, protecting the national security, and preserving public safety can proceed in a legal, secure, and confidential manner to satisfy these responsibilities. Accordingly, the DOJ and DHS hereby advise the Commission that they have no objection to the Commission granting the application for authority filed in ITC—214—20030728— 00376, provided that the Commission conditions its grant on compliance by VSNL and VSNL America with the terms of the Agreement. * See, e.g., Memorandum Opinion, Order and Authorization, Loral Satellite, Inc. and Intelsat North America, LLC, 19 FCC Red. 2404, 2004 WL 253309 (F.C.C.) (2004); Memorandum Opinion, Order and Authorization, Belf/ Aflantic New Zealand Holdings, Inc. and Pacific Telecom Inc., 18 FCC Red. 23,140, 2003 WL 22517694 (F.C.C.) (2003); Memorandum Opinion, Order and Authorization, Global Crossing Ltd. and GC Acquisition Limited, 18 FCC Red. 20,301, 2003 WL 22309107 (F.C.C.) (2003); Memorandum Opinion, Order and Authorization, XO Communications, Inc., 17 FCC Red 19,212, 2002 WL 31235646 (F.C.C.) (2002) (agreement adopted by the Commission, but the transaction was not consummated); Memorandum Opinion and Order, VoiceStream Wireless Corporation, Powertel, Inc., and Deutsche Telekom AG, 16 FCC Red 9779, 2001 WL 476559 (2001).

Jun~07+04 02:!Tom From— T—274 P.001/7003 feat) % UVJ/ VIM {ilW} U J Uro Qoorpl/ uis V cfi Aw quvigzuzuu( s c The DOJ and DHS are authorized to state that VSNL and VSNL America do not object to the grant of this Petition. Respectfully submitted, UNITED STATES DEPARTMENT OF JUSTICE L% H. Parsky ! . Deputy Assistent Attorncy General Criminal Division 950 Pennsylvania Avenue, NW. Washingtan, D.C. 20530 (202) 616—3928, FEDERAL BUREAU OF INVESTIGATION Patrick W. Kelley Deputy General Counsel 935 Pennsylvania Avenue, N.W. Washington, D.C. 20535 (202) 324—8067 UNITED STATES DEPARTMENT OF HOMELAND SECURITY Ting W. Gabbrielli Director of Intelligence Coordination and Special Infrastructure Protection Programs Office of Infrastructure Pratection Washington, D.C. 20528 June 2, 2004

Jun~07—04 O2:(Tem from— T+274 P.002/003 F—87] The DOJ and DHS are authorized to state that VSNL and VSNL America do not object to the grant of this Petition. Respectfully submitted, UNITED STATES DEPARTMENT OF JUSTICE Laura H. Parsky Deputy Assistant Attorney General Criminal Division 950 Pennsylvania Avenue, N.W. Washington, D.C, 20530 (202) 616—3928 FEDERAL BUREAU OF INVESTIGATION Patrick W. Kelley Deputy General Counse 935 Pennsylvania Avenue, NW. Washington, D.C. 20535 (202) 324—8067 UNITED STATES DEPARTMENT OF HOMELAND SECURITY Tina W. Gabbrielli Director of Intelligence Coordination and Special Infrestructure Protection Programs Office of Infrastructure Protection Washington, D.C. 20528 June 2, 2004 TOTAL P. 82

Jun—07—04 02:)7om From— T—274 P.0903/803 f—eri The DOJ and DHS are guthorized to state that VSNL and VSNL America do not object to the grant ofthis Petition. Respectfully submitted, UNITED STATES DEPARTMENT OF IUSTICE Laura H. Parsky Deputy Assistant Attorney Genaral Criminal Division 950 Pennsylvania Avenus, N.W. Washington, D.C. 20530 (202) 616—3928 FEDERAL BUREAU OF NVESTIGATION Patrick W, Kelley Deputy General Counsol 935 Ponnsylvania Avenue, N.W. Washington, D.C. 20535 (202) 324—8067 UNITED STATES DEPARTMENT OF HOMELAND SECURITY Tina W. Gabbris!li Director of Intelligence Coordination and Special Infrastructure Protection Programs j Office of Infrastructure Protection Washington, D.C. 20528 June 2, 2004

CERTIFICATE OF SERVICE I, Myla R. Saldivar—Trotter, Federal Bureau of Investigation, hereby certify that on this 07"" day of June, 2004, I caused true and correct copy of the foregoing "Petition to Adopt Conditions to Authorizations and Licenses", pertaining to Application File No. ITC— 214—20030728—00376 to be served upon the following parties via Hand—Delivery (indicated by*) or by United States Postal Service First—Class Mail: Tom W. Davidson Robert J. Aamoth Akin Gump Strauss Hauer & Feld LLP Keliey Drye & Warren LLP 1333 New Hampshire Ave., N.W. 1200 199 Street, N.W. Washington, D.C. 20036 Suite 500 Washington, D.C. 20036 James L. Ball, Chief* Kathleen Collins* International Bureau International Bureau Federal Communications Commission Federal Communications Commission 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554 Susan O‘Connell* International Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. & C_. & :«{‘j }Wjdé/(a\(ww — _Q}z,a/ff A_.— MyH R. Saidivar—Trotter DCOL/AAMOR/220833.1


Document Created: 2006-11-21 10:42:24
Document Modified: 2006-11-21 10:42:24
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