Petition to Adopt Co

PETITION submitted by US Department of Justice

Petition to adopt conditions to authorizations

2017-04-18

This document pretains to ITC-214-20151218-00306 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142015121800306_1206437

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application by Moxtel, Inc. for Global and ) Limited Global Facilities-based Authority ) ITC-214-20151218-00306 And Global and Limited Global Resale ) Authority pursuant to Section 214 ) of the Communications Act of 1934, as ) amended ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The U.S. Department of Justice (“USDOJ”), to include its components, the National Security Division (“NSD”) and the Federal Bureau of Investigation (“FBI”), submits this Petition to Adopt Conditions to Authorizations and Licenses (“Petition”), pursuant to Section 1.41 of the Federal Communications Commission (“Commission”) rules.1 Through this Petition, the USDOJ advises the Commission that it has 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 Moxtel, Inc. (“Moxtel”) to abide by the commitments and undertakings set forth in its January 6, 2017 Letter of Agreement (“LOA”), a copy of which is attached hereto. The Commission has long recognized that law enforcement, national security, and public safety concerns are part of its public interest analysis, and has accorded deference to the views of other U.S. government agencies with expertise in those areas. See In the Matter of Comsat Corporation d/b/a Comsat Mobile Communications, etc., 16 FCC Rcd. 21,661, 21707 ¶ 94 (2001). 1 47 C.F.R. § 1.41.

After discussions with representatives of Moxtel in connection with the above- referenced proceeding, the USDOJ, NSD and FBI have concluded that the additional commitments set forth in the LOA will help ensure that the FBI, which has the responsibility of enforcing the law, protecting the national security, and preserving public safety, can proceed appropriately to satisfy those responsibilities. Accordingly, the USDOJ advises the Commission that it has no objection to the Commission granting the application in the above-referenced proceeding, provided that the Commission conditions its consent on compliance with the LOA. Respectfully submitted. Bermel R. Paz U.S. Department of Justice National Security Division Foreign Investment Review Staff Bicentennial Building 600 E Street, NW, Rm 10007 Washington, D.C. 20004 April 18, 2017

. MOX TEL - January 6, 2017 Assistant Attorney General for National Security United States Department of Justice National Security Division 950 Pennsylvania Avenue NW, Washington, DC 20530 Subject: FCC Case Number ITC—214—20151218—00306 Application by Moxtel, Inc. for Global and Limited Global Facilities—based Authority and Global and Limited Global Resale authority pursuant to Section 214 of the Communications Act of 1934, as amended. Sir/Madam: This Letter of Agreement ("LOA" or "Agreement") outlines the commitments being made by Moxtel, Inc. ("Moxtel") to the U.S. Department of Justice ("USDOJ"), including the National Security Division ("NSD") and the Federal Bureau of Investigation ("FBI"), in order to address national security, law enforcement, and public safety concerns raised with regard to Moxtel‘s application to the Federal Communications Commission ("FCC" or "Commission") seeking global and limited global facilities—based authority and global and limited global resale authority pursuant to Section 214 of the Communications Act of 1934;, as amended. Moxtel is a New York incorporated company with a corporate address of 80 Hillside Avenue, Williston Park, NY 11596 and wholly—owned by Muhammad Faisal and Ambreen Zeb, both Pakistani Citizens. Moxtel intends to outsource its Network Operations Center (NOC) services to Inovedia Technologies/Synactive, a Pakistani owned company with a NOC located in the United Kingdom. Moxtel‘s NOC team will have remote access to monitor and troubleshoot technical issues plus remote access to Moxtel‘s CDR‘s and billing records. Moxtel‘s NOC services provider, Inovedia Technologies has its NOC located at Spring Villa Road, London, Edgware, Middlesex, HA®8 7EB, United Kingdom. Moxtel agrees to comply with all applicable lawful interception statutes, regulations, and requirements, including the Communications Assistance for Law Enforcement Act (CALEA"), 47 U.S.C. 1001 et seq., and its implementing regulations, as well as comply with all court orders and other legal process for lawfully authorized electronic surveillance. Moxtel will provide USDOJ, NSD and FBI 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 obtaining consent by the FCC and every thirty (30) days thereafter, up until the time when Moxtel has fully established and implemented lawful—interception capabilities Upon completion of the development of its lawful—interception capabilities, Moxtel will request the Federal Bureau of Investigation

MOXTEL > DR ("FBI") to send its CALEA Implementation Unit to conduct a CALEA—compliance test.‘ compliance test is scheduled, Moxtel will provide notice of the scheduled date. Once a Moxtel agrees to notify USDOJ, NSD and FBI, at least 30 days in advance, on any material change to its current services portfolio, including providing end—user telecom services to residential and mobile customers in the United States. Moxtel agrees that they 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 demand 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 USDOJ, or the authorization of a court of competent jurisdiction in the U.S. Any such requests for legal process submitted by a non—U.S. government to Moxtel shall be referred to USDOJ/NSD 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 Moxtel, unless disclosure of the request or legal \ process would be in violation of U.S. law or an order of a court of the United States. | Moxtel 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 USDOJ, NSD and FBI at least 30 days in advance of the time in which Moxtel anticipate generating U.S. records, provided that if U.S. records are being generated at the time of consummation of the transaction, that Moxtel will have 30 days ‘ following consummation to provide such information. ‘ Moxtel further agrees to designate and maintain a U.S. Law Enforcement Point of Contact ("POC") in ‘ the U.S., preferably a U.S. citizen residing in the U.S., 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"). This point of contact and his/her contact information will be provided to the FBI within 15 days from the time Moxtel receives the FCC‘s consent to the ‘ Moxtel understands that such a request can be made by contacting the general helpdesk for the CALEA Implementation Unit at (855) LECALEA (532—2532). * "U.S. Records," as used herein, means Moxtel‘s customer billing records, subscriber information, and any other related information used, processed, or maintained in the ordinary course of business relating to the services offered by Moxtel 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. > "Domestic Communications," as used herein, means: (1) Wire Communications or Electronic Communications (whether stored or not) from one U.S. location to another U.S. location; and (b) the U.S. portion of a Wire Communication or Electronic Communication (whether stored or not) that originates or terminates in the United States. "Electronic Communication" has the meaning given in 18 U.S.C. § 2510(12). "Wire Communication" has the meaning given in 18 U.S.C. § 2510(1). * 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.

MOXTEL 2 - transfer and will be subject to FBI approval. Moxtel also agrees to provide the FBI at least 30 days prior written notice of any change in its POC, with all such changes also subject to FBI approval. In addition, Moxtel will give USDOJ, NSD, and FBI at least 30 days prior written notice of any change to its POC, and Moxtel‘s nominated replacement shall be subject to USDOJ, NSD and FBI review and approval. Moxtel also \ agrees that the designated POC will have accessto all U S records, and, in responseto lawful U 5; process will make such records available promptly & g ater tha : Moxtel further agrees that it will report within 30 days to USDOJ all material outsourced or off—shore service providers, including but not limited to services provided in relation to: * Network operation center(s) ("NOC"); * Network maintenance services; * Customer support services; * Any operation/service that could potentially expose U.S. domestic telecommunications infrastructure, U.S. customer data and records, call detail records ("CDRs"), or customer proprietary network information ("CPNI‘); and * Deployment of any network elements, hardware, software, core network equipment, and network management capabilities that are owned, managed, manufactured or controlled by a foreign government or non—public entities. Finally, Moxtel agrees to provide an annual report to USDOJ, NSD, and FBI regarding the company‘s compliance with this Agreement, to include: * Certifications that there were no material changes (where no changes were reported to USDOJ during the preceding year); * Statement(s) regarding CALEA compliance; * Notice(s) regarding the company‘s handling of U.S. records, domestic communications, and U.S. lawful process (i.e., whether handled properly and in accordance with the assurances contained herein); * Notification(s) of any changes in the services that Moxtel provides (as described in paragraph 2, page 2 of this LOA), or confirmation that no additional services are being offered; * Notification(s) of any relationships with foreign—owned telecommunications partners, including any peer relationships; * Notification(s) of the installation and/or purchase or lease of any foreign—manufactured telecommunication equipment (including, but not limited to, switches, routers, software, hardware); * Report(s) of any occurrences of cyber—security incidences, network and enterprise breaches, and unauthorized access to customer data and information;

MOXTEL * * > A re—identification of the name of and contact information of the POC; Notifications regarding any other matter of interest to this LOA; and { * Statement that Moxtel agrees to USDOJ/NSD/FBI requests for site visits and to approve all requests to conduct on—site interviews of Moxtel‘s employees. Annual report will be due every 31® day of January of each calendar year, beginning on January 31, 2018, and will be addressed to: Assistant Attorney General for National Security U.S. Department of Justice National Security Division 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Attention: Team Telecom Courtesy electronic copies of all notices and communications will also be sent to the following or individuals identified in the future to Moxtel by USDOJ: Bermel Paz, USDOJ (at Bermel.Paz@usdoj.gov); Richard Sofield, USDOJ (richard.sofield2@usdoj.gov); and Daniel Wunderlii, FBI (at daniel.wunderlii@ic.fbi.gov). Moxtel agrees that in the event that the commitments set forth in this letter are breached, Moxtel will be liable for those commitments, and USDOJ/NSD/FBI may request the FCC to modify, condition, revoke, cancel, or render null and void any relevant license, permit, or other authorization granted by the FCC to Moxtel or its successors—in—interest, in addition to any other remedy available at law or equity. Nothing herein shall be construed to be a waiver by Moxtel of, or limitation on, its right to oppose or comment on any such request. Nothing in this letter is intended to excuse Moxtel from their obligations to comply with any and all applicable legal requirements and obligations, including any and all applicable statutes, regulations, requirements, or orders. Moxtel understands that, upon execution of this LOA by an authorized representative or attorney, or shortly thereafter, USDOJ shall notify the FCC that it has no objection to the FCC‘s consent to Moxtel‘s application. Sincerely, » a~" My hammad FaisafP


Document Created: 2017-04-18 07:15:39
Document Modified: 2017-04-18 07:15:39
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