2013-09-05 Synety Ex

PETITION submitted by U.S. Department of Justice

Attachment to Petition (LOA)

2013-11-12

This document pretains to ITC-214-20130408-00100 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142013040800100_1022824

SVNETY September 5, 2013 Mr. John Carlin Acting Assistant Attorney General National Security Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 ttelecom@usdoj.gov Dear Mr. Carlin, Re: Pending application by Synety Group PLC ("Synety") for authorization under Section 214 of the Communications Act of 1934, as amended (FCC ITC—214—20130408—00100). This letter outlines the commitments being made by Synety to the U.S. Department of Justice ("DOIJ") in order to address national security, law enforcement, and public safety concerns raised with regard to Synety‘s application to the Federal Communications Commission ("FCC") requesting authority to provide global or limited—global facilities—based and resale services (47 C.F.R. §§ 63.18(e)(1) and (2)) to all international points under Section 214 of the Communications Act of 1934, as amended. Synety is a United Kingdom ("UK") corporation, 32 percent owned by UK nationals, 6.57 percent owned by a British BVI entity, 8.74 percent by a Luxemburg entity, and the remaining 52.11 percent owned by individuals. Synety is headquartered at Phoenix Square, Leicester—LE1 1TB, UK. Synety agrees that it is covered by and 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 will comply with all court orders and other legal process for lawfully authorized electronic surveillance. Synety will provide 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 of its authority, and every thirty (30) days thereafter up until the time when Synety has fully implemented lawful—interception capabilities. Synety understands that its failure to fulfill its obligations under this paragraph could constitute a breach of its commitments to DOJ. Synety agrees that it will inform DOJ at least 30 days in advance if it provides interconnected Voice over Internet Protocol ("VolIP") services to residential users, businesses, and enterprises in the U.S. Moreover, if Synety begins to provide interconnected VoIP/VoP in the U.S., the company agrees to maintain a 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 will be provided to DOJ at least 30 days prior to the date that Synety begins to provide these services to residential end users, businesses, and enterprise customers and will be subject to DOJ approval. Synety also agrees to provide DOJ notice of any change to this POC at least 30 days prior to such change.

S&VNETY Synety agrees that it will not directly or indirectly disclose or permit disclosure of or access to U.S. records or domestic communications or any information (including call content and call data) pertaining to a wiretap order, pen/trap and trace order, subpoena, or any other lawful request 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 U.S. 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 U.S. Any such requests for legal process submitted by a non—U.S. government to Synety shall be referred to DOJ as soon as possible, but in no event later than five business days after such request or legal process is received by or made known to Synety, unless disclosure of the request or legal process would be in violation of U.S. law or an order of a U.S. court. Synety also agrees to ensure that U.S. records are not made subject to mandatory destruction under any foreign laws. 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 Synety anticipates generating U.S. records. Synety further agrees that in the event that the commitments set forth in this letter 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 Synety or any successors—in—interest. Nothing herein shall be construed to be a waiver by Synety of, or limitation on, its right to oppose or comment on any such request. Nothing in this letter is intended to excuse Synety from its obligations to comply with any and all applicable legal requirements and obligations, including any and all applicable statutes, regulations, requirements, or orders. Synety understands that, upon execution of this letter by an authorized representative or attorney for Synety, DOJ shall notify the FCC that it has no objection to the FCC‘s grant of Synety‘s application. Yours sincerely, Simon Cleaver Chairman Synety Group PLC


Document Created: 2013-09-11 11:24:34
Document Modified: 2013-09-11 11:24:34
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