Petition to adopt LO

LETTER submitted by DOJ/FBI/DHS

Petition

2012-09-06

This document pretains to ITC-214-20120228-00061 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142012022800061_965330

                                      Before the
                        FEDERAL COMMUNICATIONS COMMISSION
                                 Washington, D.C. 20554

In the Matter of                                   )
                                                   )
                                                   )
Bright Packet, Inc.                                )
Application for authorization under Section        )        ITC-214-20120228-00061
214 of the Communications Act of 1934, as          )
amended                                            )
                                                   )
                                                   )
                                                   )

                            PETITION TO ADOPT CONDITIONS TO
                             AUTHORIZATIONS AND LICENSES


           The Department of Justice (“DOJ”) and the Department of Homeland Security

(“DHS”)(“the Agencies”) submit this Petition to Adopt Conditions to Authorizations and

Licenses (“Petition”), pursuant to Section 1.41 of the Federal Communications Commission

(“Commission”) rules.1 Through this Petition, the Agencies advise the Commission that they

have no objection to the Commission approving the authority sought in the above-referenced

proceeding, provided that the Commission conditions its approval on the assurance of

Bright Packet, Inc. to abide by the commitments and undertakings set forth in the September 5,

2012 Letter of Assurances (“LOA”), which is attached hereto. The above-referenced proceeding

involves an application filed with the Commission by Bright Packet, Inc. for authority under

section 214 of the Communications Act of 1934, as amended, to provide international resold and

facilities-based services to all international points.

           The Commission has long recognized that law enforcement, national security, and public

safety concerns are part of its public interest analysis, and has accorded deference to the views of

other U.S. government agencies with expertise in those areas. See In the Matter of Comsat

1
    47 C.F.R. § 1.41.


Corporation d/b/a Comsat Mobile Communications, etc., 16 FCC Rcd. 21,661, 21707 ¶ 94

(2001).

          After discussions with representatives of Bright Packet, Inc. in connection with the

above-referenced proceeding, the Agencies have concluded that the additional commitments set

forth in the LOA will help ensure that the Agencies with responsibility for enforcing the law,

protecting the national security, and preserving public safety, can proceed appropriately to satisfy

those responsibilities. Accordingly, the Agencies advise the Commission that they have no

objection to the Commission granting the application in the above-referenced proceeding,

provided that the Commission conditions its consent on compliance with the LOA.



Respectfully submitted,

/S/ Richard C. Sofield
Richard C. Sofield
U.S. Department of Justice
Director - Foreign Investment Review Staff
National Security Division
Bicentennial Building
600 E Street, NW, Rm 10000
Washington, D.C. 20004


September 6, 2012




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Document Created: 2012-09-06 14:19:35
Document Modified: 2012-09-06 14:19:35

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