Attachment BTI Petition to Adop

BTI Petition to Adop

LETTER submitted by Counsel

Petition to Adopt and LOA

2006-11-09

This document pretains to ITC-214-20060602-00300 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142006060200300_1569431

FILED/ACCEPTED LAW OFFICES OF THOMAS K. CROWE, P.C. 1250 24th STREET, N.W. NOV —Q 20[]5 SUITE 300 wASHINGTON, D.C. 20037 Federal Communications Commission Office of the Secretary TELEPHONE (202) 263—3640 FAX (202) 263—3641 E—MAIL firm@tkerowe.com November 9, 2006 BY HAND Ms. Marlene Dortch Secretary Federal Communications Commission Office of the Secretary 445 12"" Street, SW Washington, DC 20554 Re: BTI America LLC:; Section 214 Application (ITC—214—20060602—00300); Department of Homeland Security Petition to Adopt Conditions to Authorizations and Licenses Dear Secretary Dortch: BTI America LLC ("BTI America" or "Applicant‘"‘), through its undersigned attorneys, hereby submits the enclosed Petition to Adopt Conditions to Authorizations and Licenses (‘Petition"), signed by representatives of the Department of Justice, Federal Bureau of Investigation and Department of Homeland Security ("DHS"). Staff at DHS provided us with the enclosed copy of the Petition and requested that we assist with filing this Petition so that the BTI America Application for Section 214 Authority (ITC—214—20060602—00300) can be granted by the Commission. Since BTI America was not provided the original Petition by DHS, Applicant hereby submits five (5) copies of the Petition for filing. Please acknowledge receipt of this filing by file—stamping and returning the extra copy of this submission in the self—addressed, stamped envelope provided for this purpose. Should you require further information, please contact the undersigned. Jt 3,— Respectfully submitted, Thomas K. Crowe Joshua T. Guyan, Counsel for BTI America LLC Enclosure cc: Mikelle Mora, FCC, International Bureau

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 2 ) ) In the Matter of ) IB File Nos. ) BTI America LLC ) ITC—214—20060602—00300 ) ) Application for Authority to Provide Global or ) Limited Global Facilities—Based Services. ) ) ) ) PETITION TO ADOPT CONDITIQNS TO AUTHORIZATIONS AND LICENSES The United States Department of Justice ("DOJ"), including the Federal Bureau of Investigation ("FBI"), together with the United States Department of Homeland Security | ("DHS") (collectively, the "Agencies"), respectfully submit this Petition to Adopt Conditions to Authorizations and Licenses ("Petition"), pursuant to Section 1.41 of the Federal Communications Commission‘s ("FCC" or "Commission") rules.‘ Through this Petition, the Agencies advise the Commission that they have no objeétion to the Commission granting its consent in the above—referenced proceeding, provided that the Commission conélitions the grant on BTI America LLC ("Applicant") abiding by the commitments and undertakings contained in their October 6, 2006 letter to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert (the ‘"Letter") attached hereto as Exhibit I. L& ! 47 C.F.R. § 1.41.

In the above—captioned proceeding, the Applicant seeks an application for authority to provide global or limited global facilities—based services in accordance withisection 63.18(e)(1) of the FCC Rules, and also to provide service in accordance with Section 6,3.18(e)(2) i ofthe FCC Rules." As the Commission is aware, the Agencies have taken the position that their ability to satisfy their obligations to protect the national security, enforce the laws, andpreserve the safety of the public could be impaired by transactions in which foreign entities will own or operate a part of the U.S. telecommunications system, or in which foreign—located facilities will be used to provide domestic telecommunications services to U.S. customers. After discussions with the Applicant‘s representative in connection with the proposed application, the Agencies have concluded that the commitments set forth in the Letter will help to ensure that the Agencies 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 Agencies hereby advise the Commission that they have no objection to the Commission granting the above—referenced Applications, provided that the Commission conditions its consent on compliance by the Applicant with the commitments set forth in the Letter. _L The Agencies are authorized to state that the Applicant does not 'object to the grant of this Petition. Respectfully submitted, <al 2 »See Public Notice, Streamlined International Applications Acceptedfor Filing, Report No. TEL—010398 (rel. June 16, 2006) (including IB File No..ITC—214—20060602—00300).

z(£_P__YY) Sigal P. Mandelker * Elaine N. Lammert Deputy Assistant Attorney General Deputy General Counsel Office of the Assistant Attorney General Federal Bureau of Investigation # Criminal Division — Room 2113 923 Pennsylvania Avenue, N.W. United States Department of Justice Washington, DC 20532 950 Pennsylvania Avenue, N.W. (202) 324—1530 Washington, DC 20530 (202) 305—8319 Stewart A. Baker Assistant Secretary of Policy U.S. Department of Homeland Security 3801 Nebraska Avenue, N.W. Washington, DC 20528 (202) 282—8030 November 7, 2006

oA EEL : Sigal P. Mandelker Elaine N. Lammert Deputy Assistant Attorney General Deputy General Counsel Office of the Assistant Attomey General Federal Bureau of Investigation Criminal Division — Room 2113 923 Pennsylvania Avenue, N.W. United States Department of Justice Washington, DC 20532 950 Pennsylvania Avenue, NW. (202) 324—1530 Washington, DC 20530 (202) 305—8319 Stewart A. Baker Assistant Secretary of Policy U.S. Department ofHomeland Security 3801 Nebraska Avenue, N.W. Washington, DC 20528 (202) 282—8030 November 9# 2006

NOV. 7. 2006 12: 44PM NO. 1271 P. 2 Sigal P. Mandelker Elaine N. Lammert Deputy Assistant Attorney General Deputy General Counsel Office of the Assistant Attorney General Federal Bureau of Investigation Criminal Division — Room 2113 923 Pennsylvania Avenue, NW. United States Department of Justice Washington, DC 20532 950 Pennsylvania Avenue, N.W. (202) 324—1530 Washington, DC 20530 (202) 305—8319 Stewart A. Baker Assistant Secretary of Policy U.S. Department of Homeland Security 3801 Nebraska Avenue, N.W. Washington, DC 20528 (202) 282—8030 November , 2006

‘, BTlAmerica October 6, 2006 Ms. Sigal Mandelker Deputy Assistant Attorney General Criminal Division United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Mr. Stewart A. Baker Assistant Secretary for Policy United States Department of Homeland Security 3801 Nebraska Avenue, N.W. Washington, D.C. 20528 Ms. Elaine N. Lammert Deputy General Counsel Federal Bureau of Investigation 935 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Re: Pending Application by BTI America LLC for Authority to Provide Global Facilities—Based and Resale Services Between the United States and Certain International Points under Section 214 of the Communications Act of 1934 Dear Ms. Mandelker, Mr. Baker, and Ms. Lammert: This letter outlines the commitments made by BTI America LLC ("the Company"), to the U.S. Department of Justice ("DOJ"), including the Federal Bureau of Investigation ("FBI"), and to the U.S. Department of Homeland Security ("DHS"), in order to address national security, law enforcement, and public safety concerns raised with regard to the Company‘s application to the Federal Communications Commission ("FCC") for authority to provide international facilities—based and resold services to all international points under pursuant to Section 214 of the Communications Act of 1934, as amended. The Company agrees that, for all customer billing records, subscriber information, and any other related information used, processed, or maintained in the ordinary course of business relating to communications services offered to U.S. persons ("U.S. Records"), the Company will make such U.S. Records available in the United States in response to lawful U.S. process. For these purposes, U.S. Records shall include information subject to disclosure to a U.S. Federal or state governmental entity under the procedures BTJ OSA T $s A Bayantel Company 624 South Grand Avenue, One Wishire Building, Sutle 901, Los Angeles, CA 90017 Telephone: +1 213 455—0213 Fax: +1 213 €55—0200 Website: www.globalibt.com

specified in Sections 2703(c) and (d) and Section 2709 of Title 18 of the United States Code. The Company agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. The Company agrees to take all practicable measures to prevent unauthorized access to, or disclosure of the content of, communications or U.S. Records, in violation of any U.S. Federal, state, or local laws or of the commitments set forth in this letter. The Company agrees that it will not, directly or indirectly, disclose or permit disclosure of or access to U.S. Records, or to any information (including the content of communications) pertaining to a wiretap order, pen/trap order, subpoena or other lawful demand by a U.S. law enforcement agency for U.S. Records, to any person if the purpose of such disclosure or access is to respond to the legal process or request on behalf of a non—U.S. government without first satisfying all pertinent requirements of U.S. law and obtaining the express written consent ofthe DOJ and DHS or the authorization of a court of competent jurisdiction in the United States. The term "non—U.S. government" means any government, including an identified representative, agent, component or subdivision thereof, that is not a local, state or Federal government in the United States. Any such requests or legal process submitted by a non—U.S. government to the Company shall be referred to the DOJ and DHS as soon as possible, and in no event later than five (5) business days after such request or legal process is received by or known to the Company, unless the disclosure of the request or legal process would be in violation of U.S. law or an order of a court in the United States. The Company has designated Thomas K. Crowe, a U.S. citizen, as its point of contact within the United States with the authority and responsibility for accepting and overseeing compliance with a wiretap order, pen/trap order, subpoena or other lawful demand by U.S. law enforcement authorities for the content of communications or U.S. Records. The Company shall promptly notify the FBI, DOJ and DHS of any change in its designated point of contact, Any new point of contact shall be a resident U.S. citizen, and the Company shall cooperate with any request by a U.S. government authority that a background check or security clearance process be completed for a designated point of contact. The Company agrees that it will notify the FBI, DOJ, and DHS promptly if there are material changes in any of the facts as represented in this letter. All notices to be provided to the FBI, DOJ, or DHS shall be directed to the named addressees of this leiter. The Company agrees that, in the event the commitments set forth in this letter are breached, in addition to any other remedy available at law or equity, the DOJ, FBI, or DHS may request that the FCC modify, condition, revoke, cancel, or render null and void any relevant license, permit, or other authorization granted by the FCC to the Company or any successor—in—interest to the Company. wl ul nb ob cb ks

Nothing in this letter is intended to excuse the Company from any obligation they may have to comply with U.S. legal requirements for the retention, preservation, or production of information, records or data, or from any applicable requirements of the Communications Assistance for Law Enforcement Act, 47 U.S.C. § 1001, seq., nor shall this letter constitute a waiver of: (a) any obligation imposed by any U.S. Federal, state or local laws on the Signatories, (b) any enforcement authority available under any U.S. or state laws, (c) the sovereign immunity of the United States, or (d) any authority the U.S. government may possess (including, without limitation, authority pursuant to the International Emergency Economic Powers Act, 50 U.S.C. § 1701, seq.) over the activities of the Signatories. Nothing in this letter is intended to, nor shall it to be interpreted to, require the parties to violate any applicable U.S. law. Likewise, nothing in this letter limits the right of the United States Government to pursue criminal sanctions or charges against the Signatories, and nothing in this letter provides the Signatories with any relief from civil liability. We understand that, upon execution of this letter by an authorized representative or attomey for the Company, the DOJ, FBI, and DHS shall notify the FCC that the DOJ, FBI, and DHS have no objection to the FCC‘s grant ofthe Company‘s application filed with the FCC. Sincerely, BTI Amerigca L DATED: October 6, 2006 Ce: Jon Pifer, FBI Erica Bomsey, DHS Joe Springsteen, DOJ


Document Created: 2018-11-07 13:52:45
Document Modified: 2018-11-07 13:52:45
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