Altex LOA FINAL sign

PETITION submitted by U.S. Department of Justice/NSD/FIRS

DOJ-Altex LOA

2014-07-23

This document pretains to ITC-214-20131106-00302 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142013110600302_1054731

June 02, 2014 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 applications by Altex Group Corp., a Florida company seeking FCC authority to provide Global or Limited Global Facilities-Based Services and Global or Limited Global Resale Services. FCC file number: FCC ITC-214-20131106-00302. Dear Mr. Carlin, This letter outlines the commitments being made by Altex Group Corp., (Altex) 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 application to the Federal Communications Commission (FCC) seeking FCC consent to provide global or limited global facilities-based authority under Section 63.18(e)(1) and global or limited global resale authority under Section 63.18(e)(2). Altex is a Florida corporation owned 100 percent by Paola M. Galindo, a Bolivian citizen. Altex’s headquarter is located at 5460 NW 107th Avenue, #112, Miami, Florida 33178. Altex agrees that it will inform DOJ at least 60 days in advance if it provides interconnected VoIP services or calling card services to residential users, businesses, and enterprises in the U.S. or becomes a facilities-based provider. Moreover, if Altex begins to provide interconnected VoIP/VoP in the U.S. or becomes a facilities-based provider, the company 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 will be provided to DOJ at least 30 days prior to the date that Altex begins to provide these services to residential end users, businesses, and enterprise customers and will be subject to DOJ approval. Altex also agrees to provide DOJ at least 30 days prior notice of any change to this POC. Also upon providing interconnected VoIP services or becoming a facilities-based provider, Altex 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. Altex 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 date on which it notifies DOJ that it plans to provide interconnected VoIP services or become a facilities-based provider, and every thirty (30) days thereafter up until the time when Altex has fully implemented lawful interception capabilities. Upon providing interconnected VoIP services or becoming a facilities-based provider, Altex agrees to provide annual reports to DOJ summarizing the information requested above and informing the DOJ of the occurrence and status of all lawful surveillance request cases for call content and call data, including but not limited to the date on which the request was made of Altex, the date of compliance with that request and/or the status of completion of that request. Altex will also include in this annual report (a) any changes in the services that Altex provides, as described in paragraph 4, above; (b) any relationships with foreign-owned telecommunications partners, including any peer relationships; (c) the installation and/or purchase or lease of any foreign manufactured telecommunication equipment (including, but not limited to, switches, routers, software, hardware); (d) reports of any occurrences of cyber security incidences, network and enterprise breaches, and unauthorized access to customer data and information; (e) the name of and contact information for the current POC; and (f) the status of Altex’s compliance with CALEA requirements. These annual reports will be due on January 31 of each calendar year, beginning January 31 of the year following that within which Altex begins providing interconnected VoIP services or becomes a facilities-based provider, and should be addressed to the following: Assistant Attorney General for National Security National Security Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Attn.: Team Telecom, Foreign Investment Review Staff Electronic mail: ttelecom@usdoj.gov Unit Chief, Science and Technology Policy and Law Unit Federal Bureau of Investigation 935 Pennsylvania Ave, NW Room 7350 Washington, DC 20535 Courtesy electronic copies of all notices and communications also should be sent to the following: Mark McConnell of the DOJ (at Mark.McConnell@usdoj.gov) and Jonathan Frenkel of the FBI (at jonathan.frenkel@ic.fbi.gov). Altex 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 Altex 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 Altex unless disclosure of the request or legal process would be in violation of U.S. law or an order of a court of the U.S. Altex 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 Altex anticipates generating U.S. records. Altex agrees that in the event 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 Altex or any successors-in-interest. Nothing herein shall be construed to be a waiver by Altex of, or limitation on, its right to oppose or comment on any such request. Nothing in this letter is intended to excuse Altex from its obligations to comply with any and all applicable legal requirements and obligations, including any and all applicable statutes, regulations, requirements, or orders. Altex understands that, upon execution of this letter by an authorized representative or attorney for Altex, DOJ shall notify the FCC that it has no objection to the FCC’s grant of Altex’s application. Sincerely, X_____________________ Mrs. Paola M. Galindo, President Altex Group Corp.


Document Created: 2014-07-23 11:20:12
Document Modified: 2014-07-23 11:20:12
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