Attachment Petition dtd 6/28/07

Petition dtd 6/28/07

PETITION

Petition to Adopt Conditions

2007-06-28

This document pretains to ITC-T/C-20061218-00569 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2006121800569_583368

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—

Jun 14 07 04:22p Mask ina 972—929—2840 p .3 "VVKE U.S. government without first satisfying all pertinent requirements of U.S. law and obtaining the express wrilten consent of the FBI, DOJ and DHS or the authorization ofa court of competent jurisdiction in the United States. The term "non— U.S. government" means any goverrunent, including an identified representative, agent, component or subdivision thereof, that is not a local, state or Federal government in the United States. Any such requests or legal process submitted by a non—U.S. government to the Companies shall be referred to the FBI, DOJ and DHS as soon as possible, and in no event later than five (5) business days after such request or legal process is received by or known to the Companies, unless the disclosure of the request or legal! process would be in violation of U.S. law or an order of a court in the United States. The Companies also agree that Maskina will maintain one or more points of contact within the United States with the authority and responsibility for accepting and overseeing compliance with a wiretap order, pen/trap order, subpoena or other lawful demand by U.S. law enforcement authorities for the content of communications or U.S. Records. The Companies will notify the FBI, DOJ and DIS in writing at the addresses listed above of the point(s) of contact within ten (10) days of this letter, and shall promptly notlfy the FB1, DOJ and DHS of any change in its designated point(s) of contact, Any new point of contact shall be a resident U.S, citizen, and the Companies shall cooperate with any request by a U.S. government authority that a background check or security clearance process be completed for a designated point of contact. The Companies agree that they will notify the FB1, DOJ and DHS before they seek to commence the sale (or resale) of any type of communications services in the United States not currently offered, or planned to be offered as described in paragraph two of this letter, or ifthere are any other material changes in any of the facts as represented in this letter. All notices to be provided to the FBI, DOJ, or DHS shall be directed to the named addressees of this letter. The Companies agree that, in the event the commitments set forth in this letter are breached, in addition to any other remedy available at law or equity, the DOJ, FBI, or DHS may request that the FCC modify, condition, revoke, cancel, or render oull and void any relevant license, permit, or other authorization granted by the FCC to the Companics or to any successor—in—interest to the Companies. The Companies request written notice of any breach in order that the Companies may have an opportunity to either explain or rectify any such breach. Nothing in this letter is intended to excuse the Companies or their subsidiaries from any obligation they may have to comply with U.S. legal requirements for the retention, preservation, or production of information, records or data, or from any applicable requirements of the Communications Assistance for Law Enforceinent Act, 47 U.S.C. 100 1, ct seq., nor shall it constitute a waiver of: (a) any obligation imposed by any U.S. Federal, state or local laws on the Companies or their subsidiaries; (b) any enforcement authority available under any U.S. or state laws; (c) the sovereign immunity of the United States; or (d) any authority the U,S. government may possess (including without limitation authority pursuant to International Emergency Economic Powers Act) over the activities of the Companies or their subsidiaries located within or outside the United States. Nothing in this letter is intended to or is to be interpreted to require the parties to violate any applicable U.S. law. Likewise, nothing in this letter limits the right of the United Stutes Governument to pursue criminal sanctions or charges against the Companies or their subsidiaries, and nothing in this letter provides the Companies or their subsidiaries with any relief from civil liability. dtolatet # ‘The Companies understand that, upon execution of this letter by an authorized representative or attorney for the Companies, the DOJ, FBIJ, and DHS shall notify the FCC that the DOJ, FB1, and DHS have no objection to the FCC‘s grant of the above—referenced applications. Sincerely, Date: / 6114[o 7 By: Printed Name//Tomy y Ei:srup-.lensen Vyke Comifiunications PLC

Jun 14 07 04:23p Mask ina 972—929—2840 B VYHE (1mto? Dates By: Printed Name: Kjetil Bahn Title: CEO Vyke AS 6 /itlo + ./ . /A Date: y pleeon 5* C By: inte BZI:Z ; . Ke Maskina Communications, Inc.


Document Created: 2007-06-28 18:04:44
Document Modified: 2007-06-28 18:04:44
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