Ocean LOA (v 4) (07

PETITION submitted by U.S. Department of Justice

Attachment to Petition to Adopt Conditions

2013-07-16

This document pretains to ITC-214-20121210-00323 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142012121000323_1004241

July 9, 2013 John Cartin Acting Assistant Attorney General National Security Division U.S. Department of Justice 950 Pennsylvania Avente, NW Washington, DC 20530 ttelecom@usdo}.gov Re: Ocean Technology Limited application for authority to provide Global or Limited Global Facilities—Based Service and Global or Limited Global Resale Service in accordance with section 63.18(e)(1) and (e2) of the Commission‘s rules, ECC ITC 20121210—00323 Dear Mr. Carlin: This leter outlines the commitments made by Ocean Technology Limited (Ocean) to the U.S. Department ofJustice (DOJ), including the Federal Bureau of Investigation, Drug. Enforcement Agency, and U.S. Marshals Service,in order to address national security, law enforcement, and public safety concerns raised with regard to Ocean‘s application to the Federal Communications Commission (FCC) requesting asthority to provide facilities—based and resale services between the U.S. and all authorized international points. Ocean is a telecom company that offers Web—based calling cards (printed and on—line}, Web phone applications, Smart phone applications, and Voice Over Internet Protocol (VoIP)— based services toindividuals and residential end users, as well as carrier—wholesale and retail services. Ocean agrees that it will inform DOJ at least 30 days in advance ifits business model clhanges to provide telecommunications services in the U.S. aside from those identified above, including providing interconnected VoIP services to end—user customers, ither residential, business, or enterprise. Ocean confirms that, for any services requiring compliance with the Communications Assistance for Law Enforcement Act (CALEA}, 47 U.S.C. §§ 1001—1010, Ocean will comply with CALEA. Moreover,if Ozean begins to provide telecommunications services in the U.S. other than those identified in the prior paragraph, Occan agreesto maintain a point of contact in the U.S., preferably a U.S. citizen or Lawil Permanent Resident, to receive service of process for U.S. records and to support U.S. law enforcement agencies‘ lwful requests for nssistance. ‘The personal identifying information for that point of contact will be provided to DOJ atleast 30 days prior to the date that Ocean begins to provide such service(s). Ocean also agrees that fo all customer biling 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 U.S. (U.8. Records),‘ Ocean will store ither originals or copies in the U.S. Ocean further agrees that ts designated law enforcement point of contact will have access to Ocean‘s U.S. Records, and will make such records available to law enforeement promptly, and in any event no Iater than five business days subsequent to the service of a lawful request, in the U.S. in response to lawul U.S, process, to include lawul requests from both federal and state entities." The location of the U.S. Records* storage facility will be provided to DOJ at least 30 days in advance of the time in which Occan anticipates generating such U.S. Records. Ocean also agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. Ocean agrees that t will not, directly orindirectly, disclose or permit disclosure of or access to U.S. Records or domestic communications or any information (including the content of communications) pertaining to a wiretap order, pen/rap order, subpoena or other lawul demand by a U.S. law enforcement agency‘ for U.S. Records, to any person if the purpose of such disclosure or access is to respond to the legal process or request on behalfofa non—U.S. government without first satisfying all pertinent requirements of U.S. law and obtaining the zxw“s written consent of DOJ, or the authorization ofa court of compatent jurisdiction in the U.S.Any such requests for legal process submited by a non—U.8. government to Ocean shall be referred to DOJ as soon as possible, and in no event later than 5 business days after such request or legal process is received by or known to Ocean, unless disclosure of the request or legal process would be in violation of U.$. law or an order of a court of the U.S. Ocean agrees that, in the event the commitments set forth in this etter are breached., in addition to any other remedy available atlaw or equity, DOJ 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 Ocean or any successors—in—interest. Nothing herein shall be constried to be a waiver by Ocean of, or limitation on,its right to oppose or comment on any such request. Nothing this letter is intended to excuse Ocean from ts obligations to comply with any and all applicable legal requirements and obligations, including any and all applicable statutes, regulations, requirements, or orders. For these purposes, U.S. Records shall include information subject to disclosure to a U.S. Federal o state govermmental entty under the procedures specified in Sections 2703(c)and (d)and Section 2709 ofTile 18 ofthe U.S. Code. * This statement does not supersede or replace Ocean‘s other duties to comply with any applicable FCC requirements and regulations regarding the storuge and protection ofcustomer records, including but not Kimited t requirements related to the storage and protection ofCustomer Proprietary Network Information (CPND) * "US.law enforcement ageney," as used herein, refersto legitimate federal and state law enforeement entities. ‘The term "non—U.S. govemment" means any goverment, including an identifed representative, agent, component or subdivision thereof,thais not a lecal, state or federal governmentin the US.

Ocean understands that, upon execution of this lete by an authorized representative or attomey for Ocean, DOJ shall notify the FCC that it has no objection to the FCC‘s grant of. Ocean‘s applications. Sinczrely, Sager %i‘y Ocean Technology Limited


Document Created: 2013-07-15 13:08:04
Document Modified: 2013-07-15 13:08:04
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