Voiamo.Petition to a

LETTER submitted by Foreign Investment Review Staff

Petition to Adopt

2012-11-19

This document pretains to ITC-214-20120821-00208 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142012082100208_975571

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) ) In the Matter of Voiamo US Inc ) File No. ITC-T/C-20120821-00208 ) Application for authorization under Section ) 214 of the Communications Act of 1934, as ) amended ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Justice (DOJ) (the Agency) submits 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 Agency advises the Commission that it has 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 Voiamo US Inc to abide by the commitments and undertakings set forth in the November 14, 2012 Letter of Assurances (LOA), which is attached hereto. In the above-referenced proceeding, the Applicant petitioned the Commission for authority to provide global or limited global resale authority (Section 63.18(e)(2) to all international points under Section 214 of the Communications Act of 1934, as amended. 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 1 47 C.F.R. § 1.41.

Matter of Comsat Corporation d/b/a Comsat Mobile Communications, etc., 16 FCC Rcd. 21,661, 21707 ¶ 94 (2001). After discussions with representatives of the Applicant in connection with the above-referenced proceedings, the Agency has concluded that the additional commitments set forth in the LOA will help ensure that the Agency with responsibility for enforcing the law, protecting the national security, and preserving public safety, can proceed appropriately to satisfy those responsibilities. Accordingly, the Agency advises the Commission that it has no objection to the Commission granting the application in the above-referenced proceeding, provided that the Commission conditions its consent on compliance by Voiamo US Inc 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 600 E Street, NW, Suite 10000 Washington, D.C. 20004 November 19, 2012

14 November 2012 200, Lexington Avenue New york city NY 10016 Lisa Monaco TEL: +1 914 482 4941 Assistant Attorney General National Security Division US Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Email: ttelecom@usdoj.gov Dear Ms Monaco, Re: Pending application by Voiamo US Inc for authorization under Section 214 of the Communications Act of 1934, as amended, FCC ITC-214-20120821-00208 This letter outlines the commitments made by Voiamo US Inc (Voiamo) to the US Department of Justice (DOJ) in order to address national security, law enforcement, and public safety concerns raised with regard to Voiamo’s application to the Federal Communications Commission (FCC) for authority to provide facilities-based and resale services to all international points under Section 214 of the Communications Act of 1934, as amended. Voiamo is a new US corporation seeking an authorization from the FCC to provide global or limited global resale authority (Section 63.18(e)(2)) to all international points under Section 214 of the Communications Act of 1934, as amended. Initially, Voiamo plans to provide data-only Mobile Virtual Network Operator (MVNO) services to its clients. Eventually, Voiamo also plans to offer voice services. Voiamo confirms that before it offers any such voice services (regardless of method of delivery), it will notify DOJ, at the address listed above, and will answer all technical, business, and personnel questions to DOJ’s satisfaction before offering any such services. Voiamo understands that, upon successful review by DOJ, this letter may be, by mutual consent, terminated or amended to allow Voiamo full exercise of global or limited global resale authority as granted by the FCC. Voiamo further agrees that it will promptly notify DOJ, at the address listed above, before it seeks to commence the sale (or resale) of any type of communications services not described in this letter, or if there are any other material changes in any of the facts as represented in this letter. Voiamo confirms that it will comply with all applicable lawful intercept statutes, regulations, and requirements, including the Communications Assistance for Law Enforcement Act Voiamo US Inc. Incorporated under the law of the State of Delaware with company number 0408800. Registered Office: Suite 808, 1220, N. Market Street, Wilmington, DE 19801.

-2- I further understand that the Prospectus must include: (1) information which has been excluded from a continuous disclosure notice in (CALEA) andaccordance with the ASX its implementing Listing Rules; regulations, andand will comply with all court orders and other legal process for lawfully authorized electronic surveillance. Voiamo agrees that before it offers the above-referenced voice services, it will notify DOJ, at the address listed above, on the status of its (2) implementationis information of lawful that investors and interception their professional capabilities, advisors including the would statusreasonably require with of its compliance CALEA. for the purpose of making an informed assessment of: Voiamo agrees (a) thattheit assets will not, directly financial and liabilities, or indirectly, disclose position and or permit performance, profitsdisclosure and losses of or access to US Records, domestic communications, and prospects of the Company; and or any information (including the content of communication) pertaining to a wiretap or electronic surveillance order, pen/trap order, subpoena, or other lawful demand by a US law enforcement agency for US (b) the rights and liabilities attaching to the securities being offered. 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 4. I consentwithout government, to the Prospectus substantially first satisfying in the form all pertinent of the draft Prospectus requirements of U.S. law attached and obtaining to this written the express Responsibility consent andofConsent DOJ or Certificate and its lodgement the authorization in finalofform of a court with the jurisdiction competent in the US. The Securities Australian term “USand Records” Investmentsmeans customer billing records, subscriber Commission. 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 5. RecordsIf after theinclude shall issue of the Prospectus, Isubject information become aware of any falsetooramisleading to disclosure US Federal statement in, or or state omission from, the Prospectus, I reserve my rights to withdraw governmental entity under the procedures specified in Sections 2703(c) and (d) and my consent and to give Sectionreasonable 2709 ofpublic Titlenotice 18 ofof the the withdrawal US Code.andThe of theterm reason“non-US for the withdrawal. government” means any government, including an identified representative, agent, component or subdivision thereof, 6. that is not I understand thata if,local, state after the or federal Prospectus government has been lodged withinthethe US. Any Australian such and Securities requests or legal process Investments Commission and at any time while securities can be sold on the basis of the to the DOJ submitted by a non-US government to Voiamo shall be referred as soonProspectus, as possible, and aware I become in noofevent any oflater than five (5) business days after such request or the following: legal process is received by or known to Voiamo, unless the disclosure of the request or legal process would be in violation of US law or an order of a court of the US. (1) a material statement in the Prospectus that is false or misleading; Voiamo agrees that in the event the commitments set forth in this letter are breached, in (2) to any addition a material other omission remedyfrom the Prospectus; available at law or equity, the DOJ may request that the FCC modify, condition, revoke, cancel, or render null and void any relevant license, permit, or other authorization (3) significantgranted by the FCC change affecting a mattertoincluded Voiamo or Prospectus; in the any successor-in-interest. or Nothing herein shall be construed to be a waiver by Voiamo of, or limitation on, its right to oppose or comment on any such request. (4) the occurrence of any new circumstance that has arisen since the Prospectus was lodged and would have been required by sections 710 to 715 of the Corporations Act Nothing in this letter is intended to excuse Voiamo from its obligations to comply with any 2001 tolegal and all applicable be included in the prospectus requirements if it had arisen including and obligations, before lodging anytheand Prospectus, all applicable statutes, regulations, requirements, or orders. I must give notice of the new circumstance to the Chairman of the Due Diligence Committee. We understand that, upon execution of this letter by an authorized representative or attorney for Voiamo, DOJ shall notify the FCC that it has no objection to the FCC’s grant of Voiamo’s application. Yours faithfully Sincerely, Signature Nigel Bramwell – Director, Voiamo US Inc Nigel BramwellVoiamo US Inc. Incorporated under the law of the State of Delaware with company number 0408800. Registered Office: Suite 808, 1220, N. Market Street, Wilmington, DE 19801. Name th


Document Created: 2012-11-19 13:35:48
Document Modified: 2012-11-19 13:35:48
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