Attachment Letter

Letter

LETTER submitted by DOJ, FBI, and DHS

Letter of Assurances

2007-08-09

This document pretains to ITC-T/C-20070725-00285 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2007072500285_585405

C 4 Rer chima rerrcom July 17, 2007 Ms. Sigal P. Mandelker Deputy Assistant Attomey 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 Avene, N.W. Washington, D.C. 20530 Mr. Stewart A. Baker Assistant Secretary for Policy U.S. Department of Homeland Security Washington, D.C. 20528 Re: Pro Forma Transfer of Control of China Telecom (USA) Corporation Dear Ms. Mandelker, Ms. Lammert and Mr. Baker: This leter outlines the commitments made by China Telecom (USA) Corporation ("the Company") to the U.S. Department ofJustice ("DOJ"), including the Federal Bureau of Investigation ("FBI"), and to the U.. Department ofHomeland Security ("DHS"), in order to address national security, law enforeement, and public safety concems raised with regard to the Company‘s notice to the Federal Communications Commission ("FCC") ofthe proforma transfer ofcontrol ofthe Company, a holder ofdomestic and intermational authorizations under Section 214 ofthe Communications Act of 1934, as amended. The Company provides wholesale voice service between the U.S. and China, other countris in Asia and other foreign points, and data service between the U.8. and China and other points outside the U.S., and within China. The Company is a wholly—owned subsidiary of China Telecommunications Corporation, a PRC corporation (°CTC®). CTC intends to sellits shares of the Company to China Telecom Corporation Limited (°CTL"), a PRC corporation controlled by CTC. Under the rules of the FCC, the transaction constitutes aproforma transfer ofcontrol which must be notified to the FCC within 30 days ofthe actual transfer. China Telecom (USA) Corporation

O iAes chima Terrcom The Company agrees 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 Company will make such U.S. Records available in the United States in response to lawful 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) and (d) and Section 2709 ofTitle 18 ofthe United States Code. The Company agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. The Company agrees to take all practicable measures to prevent unauthorized access to, or disclosure of the content of, communications or U.S. Records, in violation ofany U.S. Federal, state, or local laws or ofthe commitments set forth in this ltter. Ifthe Company leams of any such disclosure, it will deliver a written notification containing all the known deails concerning each such incident to the FBI, DOJ and DHS within five (5) business days. The Company agrees thatit 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 wiretap order, pertrap order, subpocna or other lawful demand by a U.S. law enforcement ageney for U.S. Records, to any person ifthe purpose ofsuch disclosure or access is to respond to the legal process or request on behalfofa non—U.S. government without firssatisfying all pertinent requirements of U.S. law and obtaining the express written consent ofthe FBI, DOJ and DHS or the authorization of a court of competent jurisdiction in the United States. The term "non—U.S. government" means any government, including an identified representative, agent, component or subdivision thereof, thais 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 Company shall be referzed 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 Company, unless the disclosure of the request or legal process would be in violation of U.S. law or an order ofa court in the United States. Ifthe FBI, DOJ and DHS have not acted within ten (10) business days after they have received the referral, the Company may respond to the request or legal process as it deems appropriate, and the Company thereafter shall promptly advise the FBI, DOJ and DHS in writing ofits actions. The Company also agrees that it will maintain one or more points of contact within the United. States with the authority and responsibility for accepting and oversecing compliance with a wiretap order, per/trap order, subpoena or other lawful demand by U.S. law enforeement authorities for the content of communications or U.S. Records. The Company will notify the FBI, DOJ and DHS in writing at the addresses listed above of the point(s) of contact within ten (10) days ofthis etter, and shall promptly notify the FBI, DOJ and DHS of any change in its designated point(s) ofcontact. Any new point of contact shall be a resident U.8. citizen, and the Companyshall cooperate with any request by a U.. government authority that a background check or security clearance process be completed for a designated point of contact. The Company agrees that it will notify the FBI, DOJ and DHS ifthere are material changes in any ofthe facts as represented in this leter ori it undertakes any actions that require notice to or China Telecom (USA) Corporation

O 4@ Aen chima Terecom application to the FCC. All n s to be provided to the FBI, DOJ, or DHS shall be directed to the named addressees of this leter. The Company agrees 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 null and void any relevant license, permit, or other authorization granted by the FCC to the Company or any successor—in—interestto the Company or to any successor—in—interest to the Company. The Company requests written notice ofany breach in order that the Company may have an opportunity to either explain or rectify any such breach. Nothing in this ltter is intended to excuse the Company or ts 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 ofthe Communications Assistance for Law Enforcement Act, 47 U.S.C. 1001, et seq., nor shall it constitute a waiver of: (a) any obligation imposed by any U.S. Federal, state or local laws on the Company‘s or ts subsidiaries; (b) any enforcement authority available under any U.S. or state laws;(c)the sovereign immunity ofthe United States; or (d) any authority the U.3. government may possess (including without limitation authority pursuant to Intemational Emergency Economic Powers Act) over the activities of the Company or its subsidiaries located within or outside the United States. Nothing in this etter is intended to or is to be interpreted to require the parties to violate any applicable U.S. law. Likewise, nothing in this ltter limits the right of the United States Government to pursue criminalsanctions or charges against the Company or ts subsidiaries, and nothing in this leter provides the Company or its subsidiaries with any relief from civil liability. secere The Company understands that, upon execution ofthis letter by an authorized representative or attomey for the Company, the DOJ, FBI, and DHS shall notify the FCC that the DOJ, FBI, and DHS have no objection to the FCC‘s grant ofthe above—referenced applications. Title: President China Telecom (USA) Gorporation duas (xB) ad temdon naorreuise 7es dom rac msrer us


Document Created: 2007-07-26 16:56:35
Document Modified: 2007-07-26 16:56:35
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