Petition to Adopt Conditions PETITION by TracFone Wireless, Inc. ITC-ASG-20130522-00143 Tracfone License FCC

Tracfone License FCC

PETITION submitted by TracFone Wireless, Inc.

Petition to Adopt Conditions

2014-01-06

This document pretains to ITC-ASG-20130522-00143 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2013052200143_1032001

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

In the Matter of )
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TracFone Wireless, Inc. ) File No. ITC-ASG-20130522-00143
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) WC DK No. 13-138
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PETITION TO ADOPT CONDITIONS TO
AUTHORIZATIONS AND LICENSES

The Department of Justice (“DOJ”) , including the Federal Bureau of Investigation

(“FBI”), with the concurrence of the Department of Defense (“DOD”) and the Department of

Homeland Security (“DHS”) (collectively, the “Agencies”), 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 Agencies

advise the Commission that they 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 TracFone Wireless, Inc. (“TracFone”), to abide by the commitments and

undertakings set forth in the December 2013 Agreement between TracFone and the DOJ (“the

Agreement”).

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

1
47 C.F.R. § 1.41.

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).

After discussions and communications with representatives of the Applicants in

connection with the above-referenced proceeding, the Agencies have concluded that the

additional commitments set forth in the Agreement will help ensure that the Agencies with

responsibility for enforcing the law, protecting the national security, and preserving public

safety, can proceed appropriately to satisfy those responsibilities. Accordingly, the Agencies

advise the Commission that they have no objection to the Commission granting the applications

in the above-referenced proceeding, provided that the Commission conditions its consent on

compliance by TracFone with the Agreement.

Respectfully submitted,

/s/ Richard C. Sofield
Richard C. Sofield
U.S. Department of Justice
Director – Foreign Investment Review Staff
National Security Division
600 E Street, NW, Suite 10000
Washington, D.C. 20004

January 3, 2014

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Document Created: 2014-01-03 11:01:33
Document Modified: 2014-01-03 11:01:33

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