Attachment TelNA Ltr dtd 1.21.1

This document pretains to ITC-T/C-20090908-00409 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2009090800409_868450

2654 t. Horizon Ridge Phavay Sulle $5—143 tenderson, NU 49852 Feiecan. Narz!: Amerrc« j Phone: {702) 777 2588 Fax: (782) 777 2801 urund.i8ifacom in fo@teina.cam frintoin Harih Aimerica tnc. 2654 0. Hertzan Alige Phuiay © Sulle BS— 143 ® itenderson, MH #8092 Mr. David Kris Assistant Attorney General National Security Division t1.S. Department of Justisce $50 Peonnsylvania Avenue, NW Washington, DC 20530 ttelecom@usdol.gov Henderson, January 21, 2011 Re: Pending FCCapplication for consenit to transfer of control, ITG—TIC— 200980908—00409, and petition for decliaratory ruling, ISP—PDR—20090820—00007 Dear Mr. Kris: This letter outlines the commitments made by Telecom North America, Inc. {"TNA") to the U.S:; Department of Justics (°DOJ"), in order to address national security, law enforcemnent and public safety concerns regarding the above—referenced mafters pending before the Federal Communications Commission {"FCC"). TNA, formerly named 3U Telecom, inc., was founded in 2002 by Johannes Gottschalk (a German citlzen)} and Herve R. Andrieu (a Frenth citizen) They partnered with 3U Telecom AG {(3UAG), a publicly traded CGerman telecommunications .company. When TNA was incorporated in Nevada, Messrs. Gottschalk and Andrisu each owed 15% of the stack and SUAG—aowned 70% of the stock. TNA obtained a Section 214 authorization in 2003, and has since cperated as a reseller of domestic and international long distance telephone services. On December 15, 2008, Messrs. Gottschalk —and Andrieu acquired the 70% interest previously held by 3UAG, so that they each now hold 50% of TNA. The FCC‘s consent is required when foreign equily ownership—changes. Therefore, the above—referenced pending FCC application, ITC—1/0—200908—00410, requests FOC consent to this transfer of control. TNA is the 100% parent of Telscom North American Mobile, Inc. (TeINA—Moabile). TelNA—Mobile filed a petition for declaratory ruling, 1SP—PDOR—20090820—00007, in connection with its application for consent to partial assignment to TelNA—Mobile of the license for Broadband Personal Communications Service (PCS) Station WQJRT7SS. Broadband PCS is classified as a Commercial Mobile Radio Service. The portion of the licensed geographic area to be assigned to TelNA—Mobile is defined as Cerar Country, Missouri. TNA agrees that all customer tbilling records, subscriber information, of any other reélated information used, procéessed, or maintained in the ordinary course of business

relating to communications servicesoffered to U.S, persons {"U_.S. Records"}, will be made available in the U.S. in response to fawful U.S, process. For these purposes, U.S. Records shall include informalion 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 of Title 18 of the United States Gode, Within thirty {(30}) days after the FCGC‘s consent to the above—referenced transfer of control, TNA agrees to provide DOJ an up—lo—date description of its physical, technical, and togical security architectures, to include a compietso enterprise architecture context, inter— connect, and flowdiagrams for the U.S. Domestic Communications Infrestructure (DCH, architecture descriptions of controlled interfaces to remote Network Operations Centers {(NOCs), and a description of security policiles, procedures, and standards, to prevent unauthorized access—to or disciesureofthe contents of U.S. communications or records. Within thirty (30) days after the FCC‘s consent to the above—referenced transter of control, TNA also agreesto provide DOJ an up—to—date concept of operations (CONOPS) for domeshc and remote NOC operalions that describes user personnel, services, products, and locations of data centers that hosts US. customer data used by the NOCs. The CONOPS will include contingency plans for NOC services when the primary NOC and/or whenkey personnel are not available. These documents will be updated on an annual basis and submitted to DOJ for comment. TNA agrees to ensure that U.S. records are not made subject to mandatory destruction under any foreign laws.: TNA agrees to take all practicable measures to prevent unauthorized access to, or disclosure of the content of communications or U S. records, in vislation of any U:S. Federal, state, crlogal laws or of the commitments set forth in this letter. If TNA dearns of any unauthorized disclosure with respect to US. records, they will deliver a written notification containing all the known details concerning each such incident to DOJ within five (5) days, TNA agrees that. it —will not, directly or indirectly, disclose or permit disclosure of or access to U.S. Records, Dormnestis Communications {as defined befow), or any information {including the content of communications) pertaining to a wiretap order, penf{rap order, subpoena or otherlawful demand by a U.S. law enforcement agency for U.S. Recofds, to any person if the purpose of such disclosure or access is to respond to the legal process or request on behalf of a non—U.S. government without first satisfying all pertinent requirements of U.S. law and obtaining the express wiitten consent of DOJ 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, that is nol a local, stateor federal government in the United States. Any such requests or legal process submifted by a non—U.S. government to TNA shall be referred to DOJ as soon as possible, and in no event later thanfive {5) days after such request or legalprocess is received by or known to TNA, unless the disclosure of the request or legal process would be in vialation of U.S. law or an order of a court in the United States. For the purposes of this letter, *Domestic Communications" means: (a) Wire Communications or Electronic Communications (whether stored or not) from one U.S. lecation to another U.S. focation; and (b) the UJS. portion of a Wire Communication or Electronic Communication (whether stored or not) that originates or terminates in the United States, "Electronic Communication" has the meaning given if in 18 USC. § 2510(12). "Wire Communication" has the meaning given it in 18 U.S.C. §2510(1). TNA has designated Mr. Johannes Gottschalk, Company President and 50% sharehoider, as a point of contact and agrees to maintain one or more points of contact

within the United States with the authority and responsibility for accepting and cversesing compliance with a wiretap order, penftrap order, subpoena or other lawful demand by U.S. law enforcement authorities for the content of communications or U.S. Records. TNA shall ensture that the points of contaci are officers or employees of TNA who are located in the U.S; and who are legal U—S. resident aliens or U.S. citizens. TNA will nofify DOJ of any changein these points of contact within five (5) days of such change. TNA shall cooperate with any request by DOJ that a background check or security clearance process be completed for a designated point of contact(s). TNA agrées to notify DOJ within thirty (30) days if there are any material changes in any of the facts as represented in this letter or in niotices submitted pursuant to this letter. TNA agrees to notify DOJ within thirty (30) days of any material changes to their ownership structure, Material changes io ownership structure are those that would require a substantive transfer of control application or pro forma notification to the FCC, and those that would involve any material increase or decrease. in foreign government control. TNA agreesto notify DOJ ofthe following, also within thirty (30) days of occurrence: * Any material changes to either security polisies, procedures, or nelwork monitoring and analysis Standard Operating Procedures (SOP) used for the U.S, domestic communications infrastructure; * Any material changes to the telecommunication services provided within the U.S. domestic communications infrastruchire; * Any material changes to established procedures to prevent unauthorized access to, or disclosure of; the content of communications of U.S.records: and, » Any material changes to personnel that have access to too C@mMMMMMewitch, CPN1, PlI, and/or CBR. Within thirty (30} days of occurrence, TNA agrees to provide DOJ a description of any material changes or upgrades to the existing network architecture and telecommunications architecture within the U.S. domestic communications infrastructure, TNA agreesto notify DOJ within five (5) days of any malicious cyber—security attacks detected on systems used to provide services within the U.S. domestic communications infrastructure. | TNA agrees to notify DOJ within five (§5) days of any change in the overseas personnel, physical addresses, and/or network operations (hardware or software) used to monitor and/or provision U.S. network and/or gateway elements. Currently, TNA has appointed Mr. located af to serve as the: witch programmer and remote NOC manager. The witch is located in the United States. Mr. s hours of operations are from: Eastern Daylight Time {EDT}, Monday through Friday, and as needed during other times in cases of network emergencies, Currently, Mr. Gottschalk and/or Mr. Andrieu provide backup to Mr. MR when he is not avaitable. However, ‘within thiry (30) days after the FCC‘s approval of the above—referenced application, TNA agrees to provide DOJ documented contingéncy plans to follow when WMr. is not available to perform his work, as well as protection schemes used by Mr. for applications/files/data necessary for effective monitoring and provisioning of the

TNA agrees that Mt:OMRgoes not {and will not) have access to U.S. Customer Proprietary Network Information (CPNI), Personal Identifiable Information (Pll} related to U.S. customers and/or telecommunications carfiers, or access to U.S. baesed network elements beyond the C@MMMMMMMMEWwitch, TNA agrees to cooperate with any request by DOJ that a background check ‘or security clearance process be completed for all individuals thatassess or tise assets within the UJ S. TNA agrees to notify DOJ within five (5) days of any security ir‘scidents. TNAagrees that DOJ may visit with forty—eight {48} hours‘ advance notice any part of their domestic facifffies, and conduct on—site reviews concerning the implementation of the commitments in this fetter. TNAagrees to negotiate in goodfaith with DOJ to resoive any national security, law enforcement and public safety concerns that DOJ may raise. TNA agrees that, in the event the commitments set forth in this letter are breached, in addition to any other remedy. available at faw or equity, DOJ may request that the Fuc modify, condition, revoke, cancel, of render null and vold any relevant flicense, perimit, o other authorization granted by the FCC to TNA, or any successor—in—interest to either. TNA acknowledges and agreesthat the obligationsin this lefler apply not oniy to Itself, but also to any subsidiary or affiliate of TNA that provides Domestic Communications, or its subsidiaries. Nothing in this defter is intended to excouse TNA from any obligation it may have to comply with U.S. legal requirements for the retention, preservation, or production of information, records or date, or from any applicable requirements of the Communications Assistance for Law Enforcement Act, 47 U. S.C. §1001, et seq., nor shalt it constitute a waiver of: (a) any—obligation imposed by any U.S. Federal, state orlocal laws on TNA: ( D) any enforcement authority available under any U.S. or state laws; (c) the sovereign immunity of the United States; or (d) any suthofity the US. government may possess (including without limitation authority pursuant to the International Emergency Economic Powers Act)y over theactivilties of TNA located within of outside the United States. Nothing in this letter is intended to or is to bhe interpreted to require TNA viglate any applicable U.S. law.~ Likewise. nothing in this lefter limits the right of the U.S, government to pursue criminal sanctions or charges against TNA, and nothing in this letter provides TNA with any relief from civil liability. ‘ mc ag es e uh w o# ww i ah n m ow in w e w in w m e w w m n m m ol m ol e im i in mm n w M No w en n d on un mt in w e in aan Wnn 1 All correspondence to DOJ under this LQA will be directed to the addressee at the address provided on the first page of the LOA.. In addition, a courtesy electronic copy of all notices and communications will be forwarded to ftslecom@usdoj.gov. TNA understands that, upon execution of this letter by authorized representatives or aftorneys for TNA, TNA will file petitions with the FCC that expressly request the FCC to condition its grant of the above—referenced transfer of control and petition for declaratory ruling on compliance with the terms of this LOA by TNA and TelINA—Mobile. Based on

TNA‘s petitions, DOJ will notify the FCC that it has no objection to the FCC‘s grant of the transfer of control and petition for declaratory ruling. Best regards, TELE?})M NORTH AMERICA INC. President


Document Created: 2011-02-11 13:07:21
Document Modified: 2011-02-11 13:07:21
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