Attachment 20170824102339-970.p

20170824102339-970.p

SUPPLEMENT

Supplement

2006-10-27

This document pretains to ITC-214-20061027-00493 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142006102700493_1621124

Federal Communications Commission Washington, D.C. 20554 International Bu E—mail: James.Ball@fcc.gov George.Li@fee.gov (202) 418—1462 (202) 418—2824 (fax) _ November 3, 2006 Ref: 2006—62 Hillary Morg (70 07—6092 Steven W. Lett (202) 647—5835 Regina Hart (20 05—0497 Louis Brenner (202) 692—4235 Eric Werner (20 172—0908 Josephine Scarlett (202) 482—5461 Edward T. H | (20 142464 Kenneth Schagrin (202) 395—5663 Helen Dome: (20 156—6085 Myla S. Trotter (202) 324—1730 Sigal Mande (20 116—0573 Jonathan Frenkel (202) 282—8478 Dominic Pas (20 14—5607 Stephen Heil (20 ‘82—8973 Re: Section 21« pplications Dear Sir or dam: Please revic the followin, pplications and advise us whether you have any national security,> law enforce nt, foreign ¢ :y. or trade concerns by C.O.B. November 22, 2006, because we are prepare( ) take action these applications. Electronic filed (e—file) applications are. able to be viewe 1y accessing w.fce.gov/ibfs and searching by the file number. ITC—214—2 61027—0048 ‘e—file) KDDI Glo LLC‘s app ition for authority to provide facilities—based and global resale services bs reen the Ur d States and permissible international points. Applicant is 55.7% ow 1 by KDDI nerica, Inc. which, in turn, is 100% owned by a Japanese Corporatio Applicant also 44.3% owned by Asia Access Telecom, Inc. which, in turn, is 26 / owned b Hong Kong Entity located in the United Kingdom, and 14.7% owned by a Hong Kong Corporation located in Singapore. m&nmam&mmm (e-file) Inc.‘s application for authority to provide facilities—based: and global resaleservices betwe the United States and permissible international points. Applicant is 100% owned by a Bermuda limited company. ITC—214—20061102—00497 (e—file) —Tuscali Technology Ltd.‘s application for authority to provide global facilities—based and resale services between the United States and permissible international points. Applicant is 32.5% owned by a citizen of Nigeria, and 25% owned by a Nigerian corporation. Two British citizens, each of whom owns 32.5% and 10% of the applicant, respectively.

If we do not hear from you by C.O.B. November 22, 2006, we will assume that you do —not have anyconcerns with the—above applications. Sincerely, iéeorge 11; Depr\/\ Policy Division

Paul, Hastings, Janofsky & Walker uur PaUI HastingS 875 15th Street, N.W. » Washington, DC 20005 telephone 202 551 1700 = facsimile 202 551 1705 * www.pauthastings.com gfl;_ma (202) 55¢.—1 791 Eucss taragiunta@ paulias tinzs. :oin Chicago Frankfurt j 61 Hong Kong April 2, 200 ) London Los Angeles Milan Tyrone Eroya gf;‘;:’éoumy National Secutity D: vis ic_m Palo Alto U.S. Depart nent of Justice Paris : sanbegs tyrone.brow n@usd« j.g ov San Francisco Shanghai Tolyo Shawn B. Cj woley Washington, DC Assistant Director Foreign Inv :stment & Tr:ide Policy U.S. Depart nent of Hom sla ad Se urity shawn.coole y@dhs. :o Re: Met oORED Te ecom Servizes, Lic. Dear Sits: We are in rezseipt of yo it Marcl . 24, 2009 l sttix requesting confirmation that Telecom Services, Inc. ("MetioF El)", is not oblisated under the April 12, 2007 Letter of Assurance to provide a Iditional it fo mation :o the USG parties. (Attachment 1). Please note ‘hat, on Deceinker 18, 2007, w r otified the Department of Homeland Security (DHS) that M»troR3L. his decided 10 surrender its international Section 214 authorizatio 1 to the FCC. (utt:ckment2) As noted therein, MetroRED never commenced service: requ ting : n : nternati on; l 214 authorization and decided to sell the business to (3tupo Cable ‘TV, (‘n December 19, 2007, MetroRED surrendered its internationa . 214 authorization to the Federal Communications Commission (FCC). (Attachmen. 3). Therefore, MetroRED is no longer a U.S. licensee and, as a result, the Letter of Assurance should be extinguished.

PaulHastings Tyrone Brown Shawn B. Cooley April 2, 2009 Page 2 Please let me know if you have any questions with regard to the foregoing. Sincerely, Tara K. Giunta of PAUL, HASTINGS, JANOFSKY & WALKER LLP cc: Assistant Attorney General for National Security National Security Division U.S. Department of Justice chius@usdoj.gov Richard Sofield Director, Foreign Investment Review Staff National Security Division U.S. Department ofJustice Richard.sofield2@usdoj.gov Douglas Klein Attorney, Federal Buteau of Investigation Douglas.Klein@ic.fbi.gov Ditector of Foreign Investment and Trade Policy U% De%:}almnent of Homeland Security ip—fec@dhs.gov

ATTACHMENT 1 IV etroRED® a O FA @A y commy April 12 200% Viz. E sn aeth 1. Weinstein Asiis an Atto mey General ‘Na #o ial Secu ity Division .. De ar mont of Justice 350 P »m isy Ive nia Avenue, N.W, Wish ng tor:, D.C. 20530 ‘VMs. S gs l Mar delker Je puy . issist int Attorney (General —rimira D vidon J.8, Dep armunt of Justice 250 P m isy Ive nia Avenue, N.JW. W:sh ng tot,, D.C. 20530 Vir. S ev ar A Baker Asiis an Scerstary for Policy J.S. Dej arment ofHomelend Security 8101 Ye xrask:| Avenue, NN. Wish ns tor, D.C. 20528 Mis. Elai ie N. Lammert Jesuwy CGieneril Counsel Fecdet il | sm1 ea 1 of Investigation ?3;) P :m isy Ivs nia Avenue, N.W, Washington, D.C. 20530 Re: Pending Appiication by MetroRED Telecom Services, Inc. for international guthorization under Section 214 of the Communications Act of 1934, as amended. Ladies and Gentlemen: This letter outlines the commitments made by MetroRED Telecom Services, Inc. {"MetroRED") to the U.S. Department of Justice ("DOJ"), including the Federal Bureau of Investigation ("FBIE‘), and to the U.S. Department of Homeland Security ("DHS"), in order to address national security, law enforcement, andpublic safety concerns raised with regard to the MetroRED application to the Federal Communications Commission ("FCC") for an international authorization for authority to provide international facilities— LEGAL_US_W # 55491192.1

based and resold services to all finternational pomts under Section 214 of the Communications Act of 1934, as amended. McefroRED is a U.S, corporation seeking an international authorization for authority to provide international facilities—based and resold services to all international points under Section 214 of the Communications Act of 1934, as amended. Its indirect parent company is FMR Corp., a U.S. Corporation. MetroRED intends to provide leased ling, telephony, virtual private network ("VPN"), Ethernet, and Internet access services in the United States to enterprise and corporate customers. MetroRED agrees that, for all MetroRED 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.8. Records"), MetroRED 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 specified in Sections 2703(c) and (d) and Section 2709 of Title 18 of the United States Code, MetroRED agrees to ensure that U.S. Records are not made sub_]ect to mandatory destruction under any foreign laws. We understand that, upon execution of this letter by an authorized representative or attorney for MetroRED, the DOJ, FBI, and DHS shall notify the FCC that the DOJ, FBI, and DHS have no objection to the FCC‘s grant of the MetroRED application filed with the FCC, Sincerely, MetroRED DATED: March 12, 2007 co: Ms,. Tara K, Giunta, Esq. Paul, Hastings, Janofsky & Walker LLP 875 15th Street, NW. Washington, D.C. 20005 T: (202) 551—1791/F. (202) 551—0191 LEGAL_US_W # 55491192.1

ATTACHMENT 2 From: Giunta, Tara K. Sent: Tuesday, December 18, 2007 3:46 PM To: greg.pinto@dhs.gov Co: Rich, J. Steven Subject: Thank you and MetroRE /(Grupo Cable TV Dear Greg: I hope you are well —— and that you heve recovered from the r ultiple c:all:. from us re gard ng the porior ransact on We are relieved that that transaction mas closed, and very mt ch appreci ite your ite ady : uj purt thiou ghout th s process. ©Further, as a follow—up to the e—meils that Steve Rich and I se nt you on h ovembe 27 iinc| 2 3, re ipect vely, we a e writing to advise you that MetroRED ‘Telecom Services, Inc. (‘MetroRI:D ‘) has de citc ecl tors in er der its international Section 214 authoriz:ition to the FCC and that F 3C approvi I is no Ie ng ar re ju re 1 1 ar the: sale of MetroRED to Grupo Cable TV. MetroRED had obtained an i1 ternational Section 21 4 aut 1c iz ati on ec rlier this year in order to allow the company to expand its service offer ngs, which currentlhy ir cludo cih p ivate carrier an i Internet access services (neither ¢f which requires a Section 214 authori zation}. . 4¢ wewver, thoe c onipiiny did r ot commence the provision of other semices as it had hoped to Jo; rather tie owners < ecid sd to se f{ the busines s 1> Grupo Cable TV. In the event that Gr 1po Cable TV decides to expand its service off sring s 11 t ie fucurs to incluido international common carrier telecommunications services, w s understaiid that it wivsse<: naw in ternational Section 214 authorization. In light of the foregoing, no action is needed at this time with espect to tie Team T¢le:o n jussionn: lire and other documents that Steve and I previously sent you, Please do not} es itate to cor :actine if yo i t ee d anyth ng further. I hope you and yours have a very Happy Holiday and wish yc u all healith happiness ard st ccss s i12008. Best regards, Tara Tara K. Giunta, Partner | Paul, Hastings, Janofsky & Walker LLP | 875 15th Street, NW., Washington, D.C. 200056 | direct: 202 551 1791 | main: 202 551 1700 | direct fax: 202 551 0191 | taragiunta@paulhastings.com | www .paulhastings.com 4/2/2009

ATTACHMENT 3 _‘ PaulHastings Paul, Hastings, Janofsky & Walker uur 875 15th Street, N.W, » Washington, DC 20005 telephone 202 551 1700 > facsimile 202 551 1705 > www.pauthastings.com YLED/ACCEPTED DC 19 2007 deral Co nmunications Cominisslors: Office of the S zeretary (202) . 1—1 1 taragit ta@ vall as ings.con Decel 2Ct 2J £8980.30002 Matle Jor cl Serre! Feder _ munik abions C onimissi 236 N se ts Avenue NE Suite Wash D«:2. 20002 Atten itet na ional Pn re i Re: RIL Telecoi 1 {errice Tac. ndorcf Internstion: 4 8 tion 214 ithorization No T °C—214—:0( 61021 10493. Dear ada e S zo1 stary: We 1 wes it MetroREBE Velsco Serice Inc. (MetoRED"), which holds an int_cm ion: Secitic n 214 a ithor zat 2 from t Commission to provide global or limited global 1cii :s—Las :d service nc gk al or limi d global resale service. ‘Metrc ED md o tained in in erf on 214 authorization earlier this year in ional Set order ) all x tie compat y to ixp e offerings, which currently include only d its serm privat car t oiinc. Internct accest cither of which requires a Section 214 services _autho atic ) 4c wever, tre comp iy did no ‘ommence the provision of other services as it had hoped to do; rather the owners decided to sell the business to Grupo Cable TV, S.A. de C.V, ("Grupo Cable TV"). Inasmuch as MetroRED does not cutrently provide international common cartiet telecommunications services and has no immediate plan to provide such services, on behalf of MettoRED we hereby respectfully surrender to the Commission for cancellation a copy of MettoRED‘s Section 214 certificate in File No. ITTC—214—20061027—00493. In the event that Grupo Cable TV decides to expand MetroRED‘s service offerings in the future to include international common cartier setvices, we understand that it will seek a new international Section 214 authorization. LEGAL_US_B # 77632684.1


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