Attachment Petition

Petition

PETITION submitted by DOJ, FBI, and DHS

Petition to Adopt Conditions

2007-08-09

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

IBFS_ITCTC2007072500285_585408

Washington, D.C. 20554 In the Matter of File No: ITC-2 14-20010613-00346; ITC-214-20020716-00371 China Telecom (USA) Corporation Pro Forma Transfer of Control from China Telecommunications Corporation to China Telecom Corporation Limited 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 submits this Petition to Adopt Conditions to Authorizations and Licenses (“Petition”), pursuant to Section 1.41 of the Federal Communications Commission (“FCC” or “Commission”) rules. * Through this Petition, the Agencies advise the Commission that they have no objection to the Commission granting its consent in the above-referenced proceeding, provided that the Commission conditions the grant on China Telecom (USA) Corporation (“CTUSA” or the “Applicant”) abiding by the commitments and undertakings contained in its July 17,2007 letter to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert (the “Letter”) attached hereto as Exhibit 1. 1 47 C.F.R. 5 1.41.

In the above-captioned proceeding, CTUSA notified the Commission of the pro forma transfer of control of CTUSA from China Telecommunications Corporation, a PRC corporation (“CTC”) to China Telecom Corporation Limited (“CTL”), a PRC corporation controlled by CTC. 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 CTUSA in connection with the proposedproforma transfer of control of CTUSA to CTL, 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 application, provided that the Commission conditions its consent on compliance by CTUSA with the commitments set forth in the Letter. 2

The Agencies are authorized to state that the Applicant does not object to the grant of this Petition. Respecthlly submitted, /S/ SIGAL P. MANDELKER IS/ STEWART A. BAKER Sigal P. Mandelker Stewart A. Baker Deputy Assistant Attorney General Assistant Secretary for Policy Criminal Division U.S. Deparhnent of Homeland Security United States Department of Justice 3801 Nebraska Avenue, N.W. 950 Pennsylvania Avenue, N.W. Washington, DC 20528 Washington, DC 20530 (202) 305-83 19 IS/ ELAINE N. LAMMERT Elaine N. Lammert Deputy General Counsel Federal Bureau of Investigation 923 Pennsylvania Avenue, N.W Washington, DC 20532 (202) 324-1530 August 9,2007 3


Document Created: 2007-08-09 10:37:43
Document Modified: 2007-08-09 10:37:43
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC