Attachment Additional Info

This document pretains to ITC-T/C-20050621-00232 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2005062100232_580802

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) File Nos: ITC—T/C—20061218—00569, ) ITC—T/C—20051006—00397, and Maskina Communications, Inc. f/k/a ) ITC—T/C—20050621—00232 Transcom Communications, Inc., ) Transferor ) WC Docket No. 05—299 ) And ) ) Vyke AS f/k/a Maskina AS, ) FILED/ACCEPTED Transferee ) JUN 2 8 2007 ) Federal Communications Commission Application for Consent ) Office of the Secretary to Transfer of Control ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Homeland Security ("DHS"), with the concurrence of the Department of Justice ("DOJ") and the Federal Bureau of Investigation ("FBI") (collectively, the "Agencies"), respectfully submit this Petition to Adopt Conditions to Authorizations and Licenses ("Petition"), pursuant to Section 1.41 of the Federal Communications Commission ("FECC" or "Commission") rules.‘ Through this Petition, the Agencies advise the Commussion that they have no objection to the Commission granting its consent in the above—referenced proceeding, provided that the Commission conditions the grant on Vyke AS f/k/a Maskina AS ("Vyke") abiding by the commitments and undertakings contained in its June 14, 2007 letter to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert (the "Letter") attached hereto as Exhibit 1. In the above—captioned proceedings, Maskina Communications, Inc. f/k/a 1 47 C.F.R. § 1.41.

Transcom Communications, Inc. ("‘Maskina") and Vyke (together the "Applicants") have sought Commission consent to the transfer of control of Maskina and its associated licenses to Vyke. As the Commission is aware, the Agencies have taken the position that their ability to satisfy their obligations to protect the national security, enforce the laws, and preserve the safety of the public could be impaired by transactions in which foreign entities will own or operate a part of the U.S. telecommunications system, or in which foreign—located facilities will be used to provide domestic telecommunications services to U.S. customers. After discussions with representatives of Maskina and Vyke in connection with the proposed transfer of control of Maskina to Vyke, the Agencies have concluded that the commitments set forth in the Letter will help ensure that the Agencies and other entities with responsibility for enforcing the law, protecting the national security, and preserving public safety can proceed in a legal, secure, and confidential manner to satisfy these responsibilities. Accordingly, the Agencies hereby advise the Commission that they have no objection to the Commission granting the above—referenced applications, provided that the Commission conditions its consent on compliance by Vyke with the commitments set forth in the Letter.

The Agencies are authorized to state that the Applicants do not object to the grant of this Petition. Respectfully submitted, /s/ SIGAL P. MANDELKER /s/ STEWART A. BAKER Sigal P. Mandelker Stewart A. Baker Deputy Assistant Attorney General Assistant Secretary for Policy Office of the Assistant Attorney General U.S. Department of Homeland Security Criminal Division — Room 2113 3801 Nebraska Avenue, N.W. United States Department of Justice Washington, DC 20528 950 Pennsylvania Avenue, N.W. Washington, DC 20530 (202) 305—8319 /s/ ELAINE N. LAMMERT Elaine N. Lammert Deputy General Counsel Federal Bureau of Investigation 923 Pennsylvania Avenue, N.W. Washington, DC 20532 (202) 324—1530 June 28, 2007

Jun 14 07 04:;:22p Mask ina 972—929—2840 seao VYHE m " o * a ® June 14, 2007 Ms. Sigal P. Mandelker Deputy Assistant Attorney General Criminal Division — Room 2113 United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Ms, Elaine N. Lammert Deputy General Counsel Federal Bureau of Investigation 935 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Mr. Stewart A. Baker Assistant Secretery for Policy U.S. Department of Homeland Security Washington, D.C. 20528 Re: Vyke AS Acquisition of Transcom Communications, Inc.; FCC File Nos. ITC—T/C —20050621—00232; ITC—T/C—20051006—00397; and ITC—T/C—20061218—00569 Dear Ms. Mandelker, Ms. Lanunest, and Mr Baker: This letter outlines the commitments made by Vyke Communications PLC ("Vyke"), Vyke AS, and Maskina Communications, Inc. ("Maskina") (collectively, "the Companies"), to the U.S. Department of Justice ("DOJ"), including the Federal Bureau of Investigation ("FBI"), and to the U.S, Department of Homeland Security ("DHS"), in order to address national security, law enforcement, and public safety concerms raised with regard to the Companies® application to the Federal Communications Commission ("FCC") for authority to transfer control of Maskina, a holder of domestic and international authorizations under Section 214 of the Communications Act of 1934, as amended, to Vyke. The Companies filed the first related application on May 3 1, 2005 with the FCC seeking authorization under Section 214 of the Communications Act of 1934 to transfer control of Maskina f/k/a Transcom Communications, Inc. from Transcom Holdings, LLC to Maskina AS (File No. ITC—T/C —20050621—00232). Maskina AS changed its name to Vyke AS during the pendency of this application and is now owned by Vyke. Following the grant of the application, Maskina plans to offer service in the U.S. that would enable customers located in the US to make outgoing international calis utilizing VoIP delivered by the Maskina software platform. Maskina plans to continue to offer prepaid value added voice and retail services to resale service providers including the wholesale distribution of prepaid calling card services. The facilities of Maskina consist of a network of switches and routers. Maskina‘s hardware facilities are currently located in Dallas, Texas and Austin, Texas. The Companies agree 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 communications services offered to U.S. persons ("U.S. Records"), the Companies will make such U.S. Records available in the United States in response to lawfu} 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) und (d) and Section 2709 of Title 18 of the United States Code, The Companies agree to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. The Companies agree to take all practicable measures to prevent unauthorized access to, or disclosure of the content of, communications or U.S. Records, in violation of any U.S. Federal, state, or local laws or of the commitments set forth in this Ietter, Ifthe Companies learn of any such disclosure, they will deliver a written notification containing all the known details concerning each such incident to the FBI, DOJ and DHS within five (5) business days. The Companies agree that they will not, directly or indirectly, disclose or permit disclosure of or access to U.S. Records, domestic communications, or to any information (including the content of communications) pertaining to a wirctap order, pen/trap order, subpoena or other lawfu!l 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 lega! process or request on behalfof a non—


Document Created: 2006-08-28 14:45:46
Document Modified: 2006-08-28 14:45:46
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