Attachment Belgacom Petition to

Belgacom Petition to

PETITION submitted by DOJ

Petition to Adopt and LOA

2006-12-05

This document pretains to ITC-214-20060614-00315 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142006061400315_1569435

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 FlLED/C DEC 52:006 - Fs8c Co03t comI° In the Matter of TB File Nos. Ottce at'tt SaGre Belgacorn international Carrier Services ITC-214-20060614-003 15 NVJSA,, Application for Authority to Provide Facilities-Based Service in Accordance with Section 63 18(e)(1) of the Rules, and Also to Provide Service in Accordance with Section 63.l8(e)2) of the Rules Application to Transfer Control of Swisscom ITC-T/C-20060614-003 16 North America, Inc., to Belgacom International Carrier Services N.V,/S.A. PETITION TO ADOPT CONDITIONS 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 ursuant to Section 1.41 of the rules of the Federal Communications Coni ("Commission").' By this Petition, the Agencies advise the Commission that they have no objection to grant of the above-referenced applications, provided that the Commission conditions the authorizations on compliance with the commitments and undertakings contained in the applicants' November 28, 2006, letter to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert (the "Letter"), which is attached hereto. 47 C.F,R. § 1.41.

By the above-referenced applications, Belgacom International Carrier Services N.V./S.A ("Belgacoan ICS") seeks authority to provide international telecommunications services and to acquire control of Belgacom International Carrier Services North America Inc. ("Belgacom ICS North America"). formerly known as Swisscorn North America, Inc. The acquisition was part of tion of ajôint venture between Belgacom SA and Swisscom Fixue consummated on July 1, 2005. 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, and preserve the safety of the public could he impaired by transactions in which foreign entities will own or operate a part of the U.S. telecommunications system, or in which foreign-located faH ii will be used to provide domestic telecommunications services to U.S. customers. After discussions with the applicants' representatives in connection with the abovereferericed applications, the Agencies have concluded that the commitments set forth in the Letter will help 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 applicants with the commitments and undertakings set forth in the Letter. 2

The Agencic are au oz4 o stat that the piiants do not objtt t the grrit of this Peton. RespectfiI1y submittect, Ci^4 1' Elaine N. Lnniacrt Deputy Assistant Mtomóy General iDeputy General Counse] Office of the Assistant Attorney Gereral Federal Biirea Qflz)V1 Criminal Division Roni 2W 935 Pannsy1via Ave United States Departmcxi of Justice Wasltfrigtcn, DC 2O53 950 Pennsylvania AVeL1U; N.W (202) 324l53O Whinton, 1X 20530 (202)305-8319 Stwatt A. aker Assistant Secrtaiy ofPolicy U.S Dcpartmet of Homeland Security S01 Nebraska Avenue, N.W. Whingn, DC 2Q52 (202) 228030 December 5 , 2006 3

Certificate of Service I, Douglas A. Klein, Assistant General Counsel, Federal Bureau of Investigation, hereby certify that I sent a copy of the foregoing "Petition to Adopt Conditions" regarding lB File Nos. ITC-214-20060614-00315 and ITC-T/C-20060614-00316 to Cheryl A. Tritt, counsel for Belgacorn Inc. and Belgacom International Carrier Services North America Jnc., an December 5, 2006, by e-mail. Douglas A. Klein

November 28, 2006 Ms. Sigal P. 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, VJashington, DC. 20530 Re: Pending FCC Applications ITC-214-20060614-003 IS (international section 214 authority for Belgacom International Carrier Services N,V,/S.A.) and ITC-T/C- 200606l400316 (transfer of control of Belgacom International Carrier Services North America Inc., formerly known as Swisscom North America. Inc) Dear Ms. Mandeiker, Mr. Baker,.and-.Ms. Lammert .................... }gonJrri _____LV/S.A ("la.elgacom. Services North America Inc. ("Belgacom ICS North America") (collectively, "the Companies!!)! 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 assist government agencies in addressing any national security, law enforcement! or public safety 9

om Servic related matters pertaining to the Companies' services as described in their applications to the Federal Communications Commission ("FCC"). By these applications, Belgacom JCS seeks authority from the FCC pursuant to section 214 of the Communications Act of 1934 to provide international telecommunications services and to acquire control of Belgacom ICS North America, formerly known as Swisscorn North America, Inc. The acquisition was part of the formation ofajoint venture between Belgacomn wisscom Pixoet Ltd., which was consummated on July 1, 2005. Belgacom ICS and its subsidiaries provide only wholesale services to other telecommunications operators, ISP/ASP service providers, and resellers. The services that they provide in the United States are only U,S,-international services and do not include U.S. domestic services. Following formation of the joint venture, Relgacom ICS is 72 percent owned by Belgacom SA and 28 percent owned by Swisseom Fixnet Ltd. Belgacorn SA is majority owned by the Belgian state, with the remaining shares (except for less than percent of the shares that arc hcld by Belgacom employccs) publicly traded on the Euroriext exchange. Swisseom Fixnet Ltd. is a wholly owned subsidiary of Swisscom Ltd., which is niajorityowncd by the Swiss Confederation, with the remaining shares publicly traded, The Companies agree 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 in the United States ("U.S. Records"), the Companies wifl make such U.S. Records available in the United States such that they may be obtained 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 specified in Sections 2703(c) and (d) and Section 2709 of Title 18 of the United States Code. The Companies agree to ensure that U.S. Records are not made subject to "ory destruction under any foreign laws, The Companies agree to take all practicable ... to prevent unauthorized access to, or disclosure of the content of, communications or US. Records, in violation of any U.S. Federal, state, or local laws or of the commitments set forth in this letter. agree that they.wiiL not, directly or indirectly disclose or permit r* JL LAL1L11 W VY U LajJ 'JLUi JJII/ 1k c4) UI subpoena or other wfu.Ldemand hy n TJ..SwnfGrGemeilt agefie-f--U-S. Records, to person if the purpose of such disclosure or access is to respond to the legal process or rcqucst issued by or on behalf of a non-U.S. government without first satisfying all pertinent requirements of U.S. law and obtaining the express written consent of the DOJ and DI-IS or the authorization of a court of cornpeteritjurisdiction in the United States. The term "non-US. government" means any government, including an identified representative, agent, component or 1)

o Services. subdivision thereof', that is not a local, state or Federal government in the Unit . Any such requests or legal process submitted by a non-US, government to the Conipa.s shall be referred to the DOJ and DI-IS 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 Companies, 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 Companies have designated Brian Troesch, Regional Directo . . . citizen resident in New York City, and Kathelijne Winderickx, Strategy B .... ... & Legal Director, a Belgian Citizen resident in Brussels, as il:s points of contact v ith 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 ContCnt of communications or U.S. Records, The Companies shall promptly notify the FBI, DO) and DHS of any change in its designated points of contact. The Companies shall ensure that at least one point of contact is a resident U.S. citizen, and the Companies shall cooperate with any request by a U.S. government authority that a background check or security clearance process he completed for a designated point of contact. The Companies agree that they will notify the FBI, DO), and DHS promptly if there are material changes in any of [he facts as represented in this letter. All notices to 1' . .'cd to th FBI, DOJ, or DHS shall be directed to the named addressees of this letter. The Companies agree that, in the event the comniitrnents set forth in this letter are breached, in addition to any other remedy available at law or equity, the DO), 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 Companies or any successorin- interest to the Companies. Nothing in this letter is intended to excuse the Companies or their s :. .............. obligation they may have to comply with U.S. legal requirements for the reteE:ion, pie€:. tion, 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, et seq., nor shall it constitute a waiver of(a) any obligation imposed hyan .IJ.S..Federal, state or local laws on the (omanor u ctmnuthu, il e-ueany--Ss i.gn-immn -y--e--t --ntt -tes--o .)-th utho'rtrythe US. government may posscss (including withputjjmjtai.jon authority pursuant to Jnternaieflffl Emcrgcncy --________ iiconomic Powers Act) over the activities of the Company or its subsidiaries located within or outside the United States. Nothing in this letter is intended to or is to he 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 th .. I

com its subsidiaries, and nothing in this letter provides the Companies or its subsidiaries with any relief from civil liability. We understand that, upon execution of this [etter by an authorized repre' or attorney for the Companies, the DOJ, FBI, and DHS shall notify the FCC that .. J, FBI, and DHS have no objection to the FCC's grant of the applications referenced above. Sincerely, Belgacom International Carrier Services N.V./S1A. Bridge Cosgrave CEO/i ii DATED; November 2S, 2006 Cc: Douglas Klein, FBI Michael Stawasz, DOJ CCIPS Greg Pinto, DHS

acorn Carrier Services DELEGATIONS OF POWERS I, undersigned, BridQet Patricia Cograv, CEO af Belgacom International carrier Services SA, a company duly organised under the laws of Belgium, having its registered adciress at rue Lebeau 4, 1000 Brussels (hereafter "Belgacom ICE"), hereby delegate the day-to-day operational matters of Belgacom ICS, including the power to sign commercial coitracts and other official documents to the following person: Daniel Kurgan, Vice-President Commercial - Patrick Vercilngh, Finance Director - Kathelijrie Winclerickx, Strategy and Business Development & Legal Director, as alternate to Daniel Kurgan and Patrick Verdingh. These delegations of powers shall be effective as from O1 June 2006 arid shalt remain in force until such time as expressly revoked. The above-mentioned persons who officially act as my deputy shall use the following formula when signing documents on my behalf: 'For the CEO, absent, the ("position of the concerned person") The other sub-delegations already in place within Belgacom ICS shall remain applicable. Dated thii2tb4tne 2006 Bridget Cosgra CO B&gacom ernational Carrier Services

U.S Department of Justice Federal Bureau of Investigation Office of the Gencral Conse Washingwrl D C. 20535 December 05, 2006 T rdDeI ivery Ms. Marlene H Dortch Federal Communications Commission 445 12th Street, S.W. Room TW-B204 Washington, D.C. 20554 Re; Petition to Adopt Conditions In the Matter of Belgacorn Intern ational Carrier Services N. VISA., lB File No. ITc-214-20060614-00315, and Swisscoin North America, Inc., lB File No. ITC-214-20060614-00316 Dear Ms. Dortch: Transmitted herewith by the Federal Bureau of Investigation ('FBI"), on behalf of itself, the United States Department of Justice ('DOJ'), and the United States Department of Homeland Security (HDHS are an original and four (4) copies of a !!Petition to Adopt Conditions, with attached Letter dated November 28, 2006, in the above-referenced matter. Please accept this 1 attachments and be advised that the FBI, the DOJ, and the DHS have no objection C. CC :ri the applications provided that the Commission conditions the authorizations on applicants with the commitments set forth in the Petition and its attachments. Sincerely, W4t My R. Sal ivar..Trotter Office of the General Counsel - 935 Pennsylvania Ave., N,W., Room 7877 Washington, D.C. 20535 Attachments cc Natek, Inc Cheryl A. Tritt


Document Created: 2018-11-07 14:01:08
Document Modified: 2018-11-07 14:01:08
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