FZC petition to adop

PETITION submitted by U.S. Department of Justice

Petition to Adopt conditioned on LOA and LOA FZC

2014-08-18

This document pretains to ITC-214-20140128-00033 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142014012800033_1058332

                                         Before the
                          FEDERAL COMMUNICATIONS COMMISSION
                                   Washington, D.C. 20554

 In the Matter of


Talk.toFZC
                                                                ITC—214—20140128—00033
Application for authorization under Section
214 of the Communications Act of 1934, as
amended




                            PETITION TO ADOPT CONDITIONS TO
                              AUTHORIZATIONS AND LICENSES


        The Department of Justice ("DOJ") submits this Petition to Adopt Conditions to

Authorizations      and   Licenses   ("Petition"),   pursuant   to   Section   141   of the   Federal

Communications Commission ("Commission") rules.‘ Through this Petition, DOJ advises the

Commission that DOJ, the Department of Defense ("DOD"), and the Department of Homeland

Security ("DHS")(collectively the "USG Agencies") have no objection to the Commission

approving the authority sought in the above—referenced proceeding, provided that the

Commission conditions its approval on the assurance of Talk.toFZC ("FZC") to abide by the

commitments and undertakings set forth in the August 13, 2014 Letter of Assurances ("LOA"),

which is attached hereto and incorporated into this Petition by reference. The above—referenced

proceeding involves an application filed with the Commission by FZC for authority under

section 214 of the Communications Act of 1934, as amended, to provide resale services between

the United States and permissible international points.

       The Commission has long recognized that law enforcement, national security, and public

safety concerns are part ofits public interest analysis, and has accorded deference to the views of

‘47 CPR. §141.


other U.S. government agencies with expertise in those areas. See In the Matter ofComsat

Corporation d/b/a Comsat Mobile Communications, etc., 16 FCC Red. 21,661, 21707 [ 94

(2001).

          After discussions with representatives of FZC in connection with the above—referenced

proceeding, DOJ has concluded that the additional commitments set forth in the LOA will help

ensure that the Executive Branch agencies with responsibility for enforcing the law, protecting

the national security, and preserving public safety, can proceed appropriately to satisfy those

responsibilities.   Accordingly, the USG Agencies advise the Commission that they have no

objection to the Commission granting the application in the above—referenced proceeding,

provided that the Commission conditionsits consent on compliance by FZC with the LOA.




Respectfully submitted,

/S/ Richard C. Sofield
Richard C. Sofield
U.S. Department of Justice
Director — Foreign Investment Review Staff
National Security Division
Bicentennial Building
600 E Street, NW, Rm 10000
Washington, D.C. 20004


August 18, 2014


8/13/14

John Carlin
Assistant Attorney General
National Security Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
ttelecom@usdoj.gov

        Re:Talk.toFZC‘s application for authority to provide resale service pursuant to Section
        214 of the Communications Act of 1934, as amended, and in accordance with the Federal
        Communications Commission‘s rules, 47 C.F.R. § 63.18(e)(2)(FCC # ITC—214—
        20140128—00033)


Dear Mr. Carlin,

       This letter of agreement (Agreement/LOA) outlines commitments being made by
Talk.toFZCto the U.S. Department of Justice (DOJ), including the National Security Division
(NSD) and the Federal Bureau of Investigation (FBI), in order to address national security
concerns raised in connection with the company‘s application to the Federal Communications
Commission (FCC) for authority to operate as a global resale carrier providing
telecommunication services between the United States and permissible international points
pursuant to Section 63.18 (e)(2) of the Commission‘s Rules, 47 C.F.R 63.18(e)(2).

       Talk.toFZC is 99% owned indirectly by a citizen of India. It intends to offer
interconnected voice over Internet Protocal (VoIP)—based services (i.e., mobile apps, calling
cards service, conference calling, etc.) to residential customers.

       Talk.toFZC hereby agrees to the following terms:

        Law Enforcement Requests.Talk.toFZC agrees to designate a U.S. Law Enforcement
Point of Contact (POC) in the U.S., preferably a U.S. citizen, to receive service of process for
U.S. Records and, where possible, to assist and support lawful requests for surveillance or
production of U.S. Records by U.S. Federal, state, and local law enforcement agencies ("Lawful
U.S. Process"). Talk.toFZC will give notice of its POC to DOJ for approval within 14 days of
the date that Talk.toFZC receives from the FCC the telecommunications certification at issue
herein. In addition, Talk.toFZC will give DOJ at least 30 days‘ prior notice of any change to its
POC, and to provide DOJ with such information about the designated individual as DOJ
requests; such nominated POC shall be subject to DOJ objection at any time, upon which
objection, Talk.toFZC must promptly remove and replace the POC. In addition, Talk.toFZC will
give DOJ at least thirty (30) days prior notice of any change to its POC, and Talk.to FZC‘s newly
appointed POC shall be subject to DOJ objection at any time. Talk.toFZC also agrees that the


 designated POC will have unfettered access to all U.S. Records‘, and also equipmentif
 necessary, and, in response to Lawful U.S. Process, will make such records available promptly,
 and in any event no later than five business days after receiving such Lawful U.S. Process.

          General.Talk.toFZC agrees that, in the event that the commitments set forth in this
 Agreement are breached, in addition to any other remedy available at law or equity, the 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 Talk.toFZC or any successors—in—
 interest. Nothing herein shall be construed to be a waiver by Talk.toFZC of, or limitation on, its
right to oppose or comment on any such request.

       Further, nothing in this Agreement is intended to excuse Talk.toFZC from its obligations
to comply with any and all applicable legal requirements and obligations, including any and all
applicable statutes, regulations, requirements, or orders.


         Talk.toFZC understands that, upon execution of this Agreement by an authorized
representative or attorney for Talk.toFZC, or shortly thereafter, DOJ shall notify the FCC that it
has no objection to the FCC‘s initial grant of Talk.toFZC‘s above—described application provided
that this Agreementis placed as a condition on the FCC‘s authorization.




                                                      Brijesh Joshi
                                                      Director
                                                      Talk.to FZC




         ‘"U.9. Records," as used herein, means Talk.toFZC‘scustomer billing records, subscriberinformation, and
any other related information used, processed, or maintained in the ordinary course of business relating to the
services offered by Talk.toFZC in the U.S. For these purposes, U.S. Records also 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 U.S. Code.



Document Created: 2014-08-18 10:12:01
Document Modified: 2014-08-18 10:12:01

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