Attachment LOA.pdf

LOA.pdf

PETITION

Letter

2015-07-16

This document pretains to ITC-214-20130111-00010 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142013011100010_1096211

July 15, 2015 Mr. John Carlin Assistant Attorney General National Security Division US Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 ttelecom@usdoj.gov Re: Pending FCC application by U.S. Matrix Telecommunications Inc. FCC file number: ITC-214-20130111-00010 Dear Mr. Carlin, This letter of assurances (“LOA”) outlines the commitments being made by U.S. Matrix Telecommunications Inc. (“U.S. Matrix”) to the U.S. Department of Justice (“DOJ”) in order to address national security, law enforcement, and public safety concerns raised with regard to the company’s pending application to the Federal Communications Commission (“FCC”). U.S. Matrix agrees that all customer billing records, subscriber information, or any other related information used, processed, or maintained in the ordinary course of business relating to communications services offered to U.S. persons (“U.S. Records”), will be made available in the U.S. 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. Within thirty (30) days after the FCC’s consent to the above-referenced transaction, U.S. Matrix agrees to provide DOJ an up-to-date description of its physical, technical, and logical security architectures, to include a complete enterprise architecture context, inter-connect, and flow diagrams for the U.S. domestic communications infrastructure , architecture descriptions of controlled interfaces to remote Network Operations Centers (“NOCs”), and a description of security policies, procedures, and standards, to prevent unauthorized access to or disclosure of the contents of Domestic Communications (as defined below) or U.S. Records. Within thirty (30) days after the FCC’s consent to the above-referenced transaction, U.S. Matrix agrees to provide DOJ an up-to-date concept of operations (“CONOPS”) for domestic and remote NOC operations that describes user personnel, services, products, and locations of data centers that host U.S. customer data used by the NOCs. The CONOPS will include contingency 4000 Hollywood Blvd #555-S ! Hollywood, FL, 33023 Phone: +1 (917) 636-5980 ! www.usmatrix.com

plans for NOC services when the primary NOC and/or when key personnel are not available. These documents will be updated on an annual basis and submitted to DOJ for comment. U.S. Matrix agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. U.S. Matrix agrees to take all practicable measures to prevent unauthorized access to, or disclosure of the content of communications or U.S. Records, in violation of any U.S. Federal, state, or local laws or of the commitments set forth in this letter. If U.S. Matrix learns of any unauthorized disclosure with respect to U.S. Records, they will deliver a written notification containing all the known details concerning each such incident to DOJ within five (5) business days of the date that U.S. Matrix learns of the disclosure. U.S. Matrix agrees that it will not, directly or indirectly, disclose or permit disclosure of, or access to, U.S. Records, Domestic Communications , or any information (including the content of communications) pertaining to a wiretap order, pen/trap order, subpoena or other lawful 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 behalf of a non-U.S. government without first satisfying all pertinent requirements of U.S. law and obtaining the express written consent of DOJ or the authorization of a court of competent jurisdiction in the United States. The term “non-U.S. government” means any government, including an identified representative, agent, component or subdivision thereof, that is not a local, state or federal government in the United States. Any such requests or legal process submitted by a non-U.S. government to U.S. Matrix shall be referred to 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 U.S. Matrix, unless the disclosure of the request or legal process would be in violation of U.S. law or an order of a court in the United States. For the purposes of this letter, “Domestic Communications” means: (a) Wire Communications or Electronic Communications (whether stored or not) from one U.S. location to another U.S. location; and (b) the U.S. portion of a Wire Communication or Electronic Communication (whether stored or not) that originates or terminates in the United States. “Electronic Communication” has the meaning given it in 18 U.S.C. § 2510(12). “Wire Communication” has the meaning given it in 18 U.S.C. § 2510(1). U.S. Matrix agrees to notify DOJ within thirty (30) days if there are any material changes in any of the facts as represented in this letter or in notices submitted pursuant to this letter. U.S. Matrix agrees to notify DOJ within thirty (30) days of any material changes to its ownership structure. Material changes to ownership structure are those that would require a substantive transfer of control application or pro forma notification to the FCC, and those that would involve any material increase or decrease in foreign government control. U.S. Matrix agrees to notify DOJ of the following within thirty (30) days of occurrence: • Any material changes to either security policies, procedures, or network monitoring and analysis Standard Operating Procedures (“SOP”) used for the domestic communications infrastructure; 4000 Hollywood Blvd #555-S ! Hollywood, FL, 33023 2 Phone: +1 (917) 636-5980 ! www.usmatrix.com

• Any material changes to the telecommunication services provided within the U.S. domestic communications infrastructure; • Any material changes to established procedures to prevent unauthorized access to, or disclosure of, the content of Domestic Communications or U.S. Records; and, • Any material changes to personnel that have access to the U.S.-based soft-switch, CPNI, PII, and/or CDR. Within thirty (30) days of occurrence, U.S. Matrix agrees to provide DOJ a description of any material changes or upgrades to its existing network architecture and telecommunications architecture within the U.S. domestic communications infrastructure. U.S. Matrix agrees to maintain a Point of Presence (“POP”) and Point of Contact (“POC”) in the U.S., preferably a U.S. citizen, to receive service of process for U.S. records and to assist and support lawful requests for surveillance by U.S. Federal, State, and local law enforcement agencies. The name of, and contact information for, this POC nominated by U.S. Matrix will be provided to DOJ within 30 days after the date that this LOA is signed by a representative of U.S. Matrix. The nominated POC will be subject to DOJ approval. In the event that DOJ objects to the proposed POC, it shall notify U.S. Matrix in writing within thirty (30) days after DOJ receives the proposed POC. U.S. Matrix will notify DOJ of any proposed change in the POC at least 30 days prior to such change, and in the event that U.S. Matrix is required to change the POC for business reasons that prevent such advance notice, then U.S. Matrix will notify DOJ of the change within five (5) business days. U.S. Matrix specifically agrees that DOJ approval will be required for any change in the designated POC. In the event that DOJ objects to a change in POC, it shall notify U.S. Matrix in writing within thirty (30) days after DOJ receives actual notice of the change, or proposed change, in POC. U.S. Matrix shall cooperate with any request by DOJ that a background check or security clearance process be completed for a POC. U.S. Matrix agrees to notify DOJ within five (5) business days of any cyber threats or cyber incidents detected on its systems used to provide services within the U.S. domestic communications infrastructure. The term "cyber threat” means any circumstance or event with the potential to adversely impact organization operations (including mission or functions), or organization assets through an information system via unauthorized access, destruction, disclosure, modification of information and/or significant, prolonged, and/or targeted denial of service. The term “cyber incidents” means actions taken through the use of computer(s) or computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein. U.S. Matrix agrees to notify DOJ within five (5) days from obtaining knowledge of any change in the overseas personnel, physical addresses, and/or network operations (hardware or software) used to monitor and/or provision U.S. network and/or gateway elements that are owned or operated by, or on behalf of, U.S. Matrix. U.S. Matrix agrees that DOJ may visit with forty-eight (48) hours’ advance written notice any part of its domestic facilities, and conduct on-site reviews concerning the implementation of the 4000 Hollywood Blvd #555-S ! Hollywood, FL, 33023 3 Phone: +1 (917) 636-5980 ! www.usmatrix.com

commitments in this letter. U.S. Matrix agrees to negotiate in good faith with DOJ to resolve any national security, law enforcement and public safety concerns that DOJ may raise regarding U.S. Matrix business operations. U.S. Matrix agrees to notify DOJ of any legal proceedings against U.S. Matrix and involving foreign governments within five (5) business days of U.S. Matrix becoming aware of the existence of such a legal proceeding. U.S. Matrix shall, within thirty (30) days after the FCC’s consent to the above-referenced transaction, identify to DOJ all U.S. Matrix employees, or other persons known to U.S. Matrix, who possess route access to the U.S. Matrix network. U.S. Matrix agrees to negotiate in good faith with regard to any modifications requested by DOJ to this LOA. . U.S. Matrix agrees to deliver annually to DOJ on the anniversary of the issuance of the FCC Public Notice announcing the FCC’s consent to the above-referenced transaction, either a report concerning the matters covered by this LOA or a signed statement that there is nothing to report for the applicable year under this LOA. U.S. Matrix agrees that, in the event the commitments set forth in this LOA are breached, in addition to any other remedy available at law 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 U.S. Matrix, or any successor-in-interest to U.S. Matrix. U.S. Matrix acknowledges and agrees that the obligations in this LOA apply not only to itself, but also to any subsidiary or affiliate of U.S. Matrix that provides Domestic Communication services. Nothing in this LOA is intended to excuse U.S. Matrix from any obligation it may have to comply with U.S. legal requirements for the retention, preservation, or production of information, records or data, or from any applicable requirements of the Communications Assistance for Law Enforcement Act, 47 U.S.C. § 1001, et seq., nor shall it constitute a waiver of: (a) any obligation imposed by any U.S. Federal, state or local laws on U.S. Matrix; (b) any enforcement authority available under any U.S. or state laws; (c) the sovereign immunity of the United States; or (d) any authority the U.S. government may possess (including without limitation authority pursuant to the International Emergency Economic Powers Act) over the activities of U.S. Matrix located within or outside the United States. Nothing in this LOA is intended to, or is to be interpreted to, require U.S. Matrix to violate any applicable U.S. law. Likewise, nothing in this LOA limits the right of the U.S. government to pursue criminal sanctions or charges against U.S. Matrix, and nothing in this letter provides U.S. Matrix with any relief from civil liability in any matter. 4000 Hollywood Blvd #555-S ! Hollywood, FL, 33023 4 Phone: +1 (917) 636-5980 ! www.usmatrix.com

All correspondence to DOJ under this LOA will be directed to the addressee at the address provided on the first page of this LOA. In addition, a courtesy electronic copy of all notices and communications will be forwarded to ttelecom@usdoj.gov. U.S. Matrix is providing this LOA on the express understanding that all notices, reports and information provided to DOJ pursuant to this LOA shall be treated as confidential business information exempt from disclosure under the Freedom of lnformation Act, 5 U.S.C. 552(b)(4) to the extent that such protections are actually afforded under existing law. U.S. Matrix understands and has been advised by DOJ that, upon execution of this letter by an authorized representative of U.S. Matrix, DOJ will notify the FCC that it has no objection to the FCC’s grant of the pending application of U.S. Matrix. Sincerely, Eber Lacerda Chief Executive Officer U.S. Matrix Telecommunications, Inc. 4000 Hollywood Blvd #555-S ! Hollywood, FL, 33023 5 Phone: +1 (917) 636-5980 ! www.usmatrix.com


Document Created: 2015-07-16 15:51:04
Document Modified: 2015-07-16 15:51:04
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC