Attachment Petition.FCC.adopt.N

Petition.FCC.adopt.N

PETITION submitted by U.S. Department of Justice

Petition to Adopt

2018-01-30

This document pretains to ITC-214-20170413-00069 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142017041300069_1332362

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) Nyxcomm, Corp. ) File No.: ITC-214-20170413-00069 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 1.41 of the Federal Communications Commission’s (“Commission”) rules. 1 In the above-referenced proceeding, Nyxcomm Corp. (“Nyxcomm”), seeks an authorization for global or limited global resale service under Section 214 of the Communications Act of 1934, as amended, 2 and section 63.18(e)(2) of the Commission’s rules. 3 Through this Petition, DOJ 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 Nyxcomm to abide by the commitments and undertakings set forth in the Letter of Agreement (“Agreement”) dated October 30, 2017, 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. 4 1 47 C.F.R. § 1.41. 2 47 U.S.C. § 214. 3 47 C.F.R. § 63.18(e)(2). 4 See Rules and Policies on Foreign Participation in the U.S. Telecommunications Market: Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket Nos. 97-142 and 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23918-21, paras. 59-66. (1997) (Foreign Participation Order), Order on

After discussions with representatives of the Applicant in connection with the above- referenced proceedings, DOJ has concluded that additional commitments set forth in the Agreement will help ensure that the agency responsible for enforcing the law, protecting national security, and preserving public safety, can proceed appropriately to satisfy those responsibilities. Accordingly, DOJ advises the Commission that it has no objection to the Commission granting the application in the above-referenced proceedings, provided that the Commission conditions its consent on the compliance by Nyxcomm with the Agreement. Respectfully submitted, /s/ Richard C. Sofield Richard C. Sofield Principal Deputy Chief, Foreign Investment Review Staff National Security Division U.S. Department of Justice January 30, 2018 Reconsideration, 15 FCC Rcd 18158 (2000).


Document Created: 2018-01-31 10:52:00
Document Modified: 2018-01-31 10:52:00
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