Telediga and iTellum

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

LOA

2014-07-22

This document pretains to ITC-214-20131121-00319 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142013112100319_1054686

                                                                      June 16, 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 Telediga, LTD and iTellum, LTD, two Costa Rican companies
seeking FCC authority to provide VoIP and calling card services, Global or Limited Global
Facilities-Based Services and Global or Limited Global Resale Services.

FCC file numbers: ITC-214-20131121-00319 & ITC-214-20131121-00317

Dear Mr. Carlin,

This letter outlines the commitments being made by Telediga, LTD (Telediga) and iTellum, LTD
(iTellum) 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 applications to the
Federal Communications Commission (FCC) seeking FCC consent to provide VoIP and calling
card services, including 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).

Telediga and iTellum are Costa Rican companies owned 100 percent by Tim Foss, a US citizen.
Telediga’s headquarters are located at Mercedes, Barrio Dent, Calle 5, #39, Montes de Oca,
Costa Rica. iTellum’s headquarters are located at Centro Corporativo Plaza Roble, Edifice El
Portico, Tercer piso, oficina tres, Escazu, Costa Rica.

Telediga and iTellum each agree that it will inform DOJ at least 60 days in advance if it provides
interconnected VoIP services, calling card services, international facilities-based and resold
services to international points, includingo residential users, businesses, and enterprises in the
U.S. or becomes a facilities-based provider. Moreover, if Telediga and/or iTellum begin 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 Telediga and/or iTellum begins to provide these services to residential end users,
businesses, and enterprise customers and the nominated POC will be subject to DOJ approval.
Telediga and iTellum also agree to provide DOJ at least 30 days prior notice of any change to
this POC, and agree that DOJ approval will be required for such change.


Also, upon providing international facilities-based, resold services, interconnected VoIP services
or becoming a facilities-based provider, Telediga and iTellum agree that each 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. Telediga and iTellum 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
international facilities-based, resold services, interconnected VoIP services or become a
facilities-based provider, and every thirty (30) days thereafter up until the time when Telediga
and/or iTellum has fully implemented lawful interception capabilities.

Upon providing international facilities-based, resold services, interconnected VoIP services or
becoming a facilities-based provider, Telediga and iTellum agree 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 Telediga and iTellum, the date of
compliance with that request and/or the status of completion of that request. Telediga and
iTellum will also include in this annual report (a) any changes in the services that Telediga and
iTellum 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 incidents, 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 Telediga’s and iTellum’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 Telediga and/or iTellum begin providing international facilities-based, resold
services, 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 and Joanne Ongman of the DOJ (at mark.mcconnell@usdoj.gov and
joanne.ongman@usdoj.gov) and Jonathan Frenkel of the FBI (at jonathan.frenkel@ic.fbi.gov).

Telediga and iTellum each agree 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 Telediga 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 Telediga
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.

Telediga and iTellum each agree 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 and
associated physical and logical security policies will be provided to DOJ at least 30 days in
advance of the time in which Telediga and/or iTellum anticipates generating U.S. records, or, in
the alternative, within 10 days of such records are generated, whichever date occurs first.

Telediga and iTellum each agree to provide DOJ at 30 days in advance of actual operations a
copy of Telegia’s and iTellum network architecture topologies and architecture interconnect
diagrams, and Cost Of Goods Sold (COGS). Additionally, Telediga and iTellum each agree to
provide DOJ annual updates to these network architecture diagrams.

Telediga and iTellum each agree to on-site inspections of its compliance with provisions set forth
in this LOA, and agree to provide access to personnel with knowledge of operational policies
necessary to compliance with the LOA, as well as personnel who are knowledge of technical
operations.

Telediga and iTellum each agree 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 Telediga and iTellum or any successors-in-interest.
Nothing herein shall be construed to be a waiver by Telediga or iTellum of, or limitation on, its
right to oppose or comment on any such request.

Nothing in this letter is intended to excuse Telediga or iTellum from its obligations to comply
with any and all applicable legal requirements and obligations, including any and all applicable
statutes, regulations, requirements, or orders.


Telediga and iTellum understand that, upon execution of this letter by an authorized
representative or attorney for Telediga and iTellum, DOJ shall notify the FCC that it has no
objection to the FCC's grant of Telediga's and iTellum's applications.

                                             Sincerely,


                                                          (".1.'\
                                             Tim Foss, President
                                             Telediga, LTD




                                             Tim Foss, President
                                             iTellum, LTD



Document Created: 2014-07-22 14:59:42
Document Modified: 2014-07-22 14:59:42

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