Comunicaciones Rey L

PETITION submitted by US Department of Justice

Letter of Assurance

2012-01-12

This document pretains to ITC-214-20110709-00197 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142011070900197_934957

January 06, 2012 Lisa Monaco Assistant Attorney General National Security Division US Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 ttelecom@usdoj.gov Re: Pending application by Communicaciones Rey, LLC. for authorization under Section 214 ofthe Communications Act of 1934, as amended FCC ITC-214-20110709-00197 Dear Ms. Monaco: This letter outlines the commitments made by Communicaciones Rey, LLC (ComRey) to the US Department of Justice (DOJ) to address national security, lawenforcement, and public safety concems raised with regard to the ComRey application to the Federal Communications Commission (FCC) for authority to provide global facilities-based and resale services to aIl intemational points under Section 214 ofthe Communications Act of 1934, as amended. ComRey is a US corporation seeking an authorization from the FCC to provide intemational global or limited global facilities-based authority, and global or limited global resale authority (47 C.F.R. § 63.18(e)(1) and § 63. 18(e)(2)) to all intemational points under Section 214 ofthe Communications Act of 1934, as amended. ComRey agrees that it will comply with all applicable lawful interception statutes, regulations, and requirements, including the Communications Assistance for Law Enforcement Act (CALEA) and its implementing regulations, and with all court orders and other legal process for lawfully authorized electronic surveillance. ComRey wiIl pro vide DOJ with a report on the status of its implementation of lawful interception capabilities, including the status of its compliance with CALEA, within sixty (60) days after the grant ofits authority. ComRey also agrees to designate a lawful US citizen residing in the US as its point of contact for law enforcement agencies. ComRey agrees that for all ComRey customer billing records, subscriber information, and any other related information used, processed, or maintained in the ordinary course of business relating to telecommunications services offered in the US (US Records), ComRey will store either originals or copies of originals in the US and make such records available in response to lawful US process. For these purposes, US Records shall inc1ude information subject to disclosure to a US Federal or state governmental entity under the procedures specified in Sections 2703(c) and (d) and Section 2709 ofTitle 18 ofthe US Code. ComRey also agrees to ensure that US Records are not made subject to mandatory destruction under any foreign laws. The storage locatíon for the US Récords will be provided to DOJ at least thirty (30) days in advance of (he time in whioh ComRey anticipates generating anv US Récords.

ComRey agrees that it will not, directly or indirectly, disclose or permit disclosure of or access to US Records, domestic cornmunications, or any information (including the content of cornmunication) pertaining to a wiretap or electronic surveillance order, pen/trap order, subpoena, or other lawful demand by a US law enforcement agency for US Records or lawfully authorized electronic surveillance 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-US government, without first satisfying all pertinent requirements ofUS law and obtaining the express written consent ofDOl or the authorization of a court of competent jurisdiction in the USo The term "non-US government" means any government, including an identified representative, agent, component or subdivision thereof, that is not a local, state or federal government in the USo Any such requests or legal process submitted by a non-U S government to CornRey shall be referred to the DOJ 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 CornRey, unless the disclosure ofthe request or legal process would be in violation of US law or an order of a court of the USo ComRey agrees that in the event the cornmitments set forth in this letter are breached, in addition to any other remedy available at law or equity, the DOl 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 CornRey or any successor-in-interest. Nothing herein shall be construed to be a waiver by CornRey of, or limitation on, its right to oppose or cornment on any such request. Nothing in this letter is intended to excuse ComRey from its obligations to comply with any and all applicable legal requirements and obligations, including any and all applicable statutes, regulations, requirements, or orders. We understand that, upon execution of this letter by an authorized representative or attomey for CornRey, DOJ shall notify the FCC that it has no objection to the FCC's grant ofCornRey's application. Sincerely,


Document Created: 2012-01-12 11:47:01
Document Modified: 2012-01-12 11:47:01
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