Routetrader LOA.pdf

PETITION submitted by U.S. Department of Justice

Routetrader Letter of Agreement

2015-03-11

This document pretains to ITC-214-20140319-00096 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142014031900096_1078959

February 12th, 2015 Unit Chief, Science and Technology Policy and Law Unit Federal Bureau of Investigation 935 Pennsylvania Ave, NW Room 7350 Washington, DC 20535 Re: Pending application by Routetrader Incorporated ("Routetrader") for authorization under Section 214 of the Communications Act of 1934, as amended (FCC file number ITC—214—20140319—00096; and TT 14—18). Dear Unit Chief: This Letter of Agreement ("LOA" or "Agreement") outlines the commitments being made by Routetrader to the Federal Bureau of Investigation ("FBI"), which is part of the U.S. Department of Justice ("DOJ"), in order to address national security, law enforcement, and public safety concerns raised with regard to Routetrader ‘s application to the Federal Communications Commission ("FCC" or "Commission") requesting authority to provide global or limited—global resale services between the U.S. and all authorized points (47 C.F.R. §§ 63.18(e)(2)) under Section 214 of the Communications Act of 1934, as amended. Routetrader is a wholly—owned subsidiary of Routetrader Limited (RTX), a UK based telecommunications company. Routetrader intends to offer wholesale international Voice over Internet Protocol ("VoIP") and short message services (SMS) in the US to businesses and carrier customers pursuant to the international 214 authorization. Routetrader is headquartered at 125 Park Avenue, 25 Floor, New York City, New York 10017, and RTX is headquartered at 14 Basil Street, Knightsbridge, London SW3 1AJ, UK. Routetrader agrees that before it begins providing telecommunications services that are subject to the Communications Assistance for Law Enforcement Act ("CALEA®"), 47 U.S.C. §§ 1001—1010, it will implement a solution or solutions for lawfully authorized electronic surveillance for such services in compliance with CALEA and its implementing regulations and will comply with all court orders and other legal process for lawfully authorized electronic surveillance. Should Routetrader offer telecommunication services that are subject to CALEA, Routetrader will provide FBI with a report on the status of its implementation of lawful interception capabilities, including the status of its compliance with CALEA every ninety (90) days until the time that Routetrader has fully implemented lawful—interception capabilities.* Upon completion of the development of its lawful interception capabilities, Routetrader will request that the FBI send its CALEA Implementation Unit to conduct a CALEA compliance 4 Routetrader may use a U.S. Trusted Third Party outsourcing partner to implement its lawful intercept capability.

test.‘ Once a compliance test is scheduled, Routetrader will provide notice of the scheduled date. Routetrader will continue to maintain such lawful interception capabilities for the duration of the time it provides services subject to CALEA. Routetrader also agrees that it will comply with all other statutes, regulations, and requirements regarding electronic surveillance. Routetrader agrees to maintain a point of contact in the US, preferably a US citizen or Lawful Permanent Resident, to receive service of process for US records and to support US law enforcement agencies‘ lawful requests for assistance and surveillance needs. This point of contact will be provided to the FBI at least 30 days prior to the date that Routetrader begins to provide services subject to CALEA. Routetrader also agrees that for all customer billing records, subscriber information, and any other related information used, processed, or maintained in the ordinary course of business relating to telecommunications services offered in the U.S. (U.S. Records), Routetrader will store either originals or copies in the U.S. Routetrader further agrees that its designated law enforcement point of contact will have access to, and will make such records available promptly and in any event no later than five business days, 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 U.S. Code. Routetrader also agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. Routetrader 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 or electronic surveillance order, pen/trap order, subpoena, or other lawful demand by a U.S. law enforcement agency for U.S. Records or lawfully authorized electronic surveillance in response to legal process or a 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—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 U.S. Any such requests or legal process submitted by a non—U.S. government to Routetrader shall be referred to DOJ as soon as possible, and in no event later than five business days after such request or legal process is received by or known to Routetrader, unless the 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. Routetrader agrees that in the event the commitments set forth in this letter are breached, FBI may request, in addition to any other remedy available at law or equity, that the FCC modify, condition, revoke, cancel, terminate, or render null and void any relevant license, permit, or other authorization granted by the FCC to Routetrader or any successor—in—interest. Nothing ! A request can be made by contacting the general helpdesk for the CALEA Implementation Unit at (855) LECALEA (532—2532). 2 This statement does not supersede or replace Routetrader other duties to comply with any applicable FCC requirements and regulations regarding the storage and protection of customer records, including but not limited to requirements related to the storage and protection of Customer Proprietary Network Information.

herein shall be construed to be a waiver by Routetrader of, or limitation on, its right to oppose or comment on any such request. Nothing in this letter is intended to excuse Routetrader from its obligations to comply with any and all applicable legal requirements and obligations, including any and all applicable statutes, regulations, requirements, or orders. Routetrader understands that, upon execution of this letter by an authorized representative or attorney for Routetrader, DOJ shall notify the FCC that it has no objection to the FCC‘s grant of its application. The Company can send all notices pursuant to this letter to: 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 should also be sent to Jonathan Frenkel of the FBI (at jonathan.frenkel@ic.fbi.gov). Sincergly, I((ame: Tile Ajaec2,S —J‘grwWL P MM€CCTM For Routetrader Incorporated


Document Created: 2015-03-11 13:55:54
Document Modified: 2015-03-11 13:55:54
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