Attachment DOJ-DHS petition to

DOJ-DHS petition to

SUPPLEMENT

Supplement

2011-01-11

This document pretains to ITC-T/C-20101015-00413 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2010101500413_860603

                                     Before the
                       FEDERAL COMMUNICATIONS COMMISSION
                                Washington, D.C. 20554


In the Matter of                             )
                                             )
Cypress Communications Operating             )
Company, LLC                                 )
    Licensee                                 )
                                             ) WC Docket No. 10-216
TechInvest Holding Company, Inc.,            ) ITC-T/C-201015-00413
    Transferor                               )
                                             )
and                                          )
                                             )
The Broadvox Holding Company, LLC            )
    Transferee                               )
                                             )
Application for Consent to Transfer Control )
of a Company Holding International Section )
214 Authority and Blanket Domestic Section )
214 Authority Pursuant to Section 214 of the )
Communications Act of 1934, as Amended       )


                           PETITION TO ADOPT CONDITIONS TO
                            AUTHORIZATIONS AND LICENSES

       The U.S. Department of Justice (“DOJ”), including the Federal Bureau of Investigation,

and the U.S. Department of Homeland Security (“DHS”) (collectively, the “Agencies”), submit

this Petition to Adopt Conditions to Authorizations and Licenses (“Petition”), pursuant to

Section 1.41 of the Federal Communications Commission (“Commission”) rules.1 Through this

Petition, the Agencies advise the Commission that they have no objection to the Commission

approving the authority sought in the above-referenced proceeding, provided that the

Commission conditions its approval on the agreement of The Broadvox Holding Company, LLC

to abide by the commitments and undertakings set forth in the January 09, 2011 letter of

1
       47 C.F.R. § 1.41.


assurances (the “Letter of Assurances”) from the Company to the Agencies, which is attached

hereto.

          The Commission has long recognized that law enforcement, national security, and public

safety concerns are part of its public interest analysis, and has accorded deference to the views of

other U.S. government agencies with expertise in those areas. See In the Matter of Comsat

Corporation d/b/a Comsat Mobile Communications, etc., 16 FCC Rcd. 21,661, 21707 ¶ 94

(2001).

          After discussions with representatives of the Company in connection with the above-

referenced proceeding, the Agencies have concluded that the additional commitments set forth in

the Agreement 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

appropriately to satisfy those responsibilities. Accordingly, the Agencies advise the Commission

that they have no objection on those grounds to the Commission granting the above-referenced

request for transfer of control, provided that the Commission conditions its consent on

compliance by the Companies with the commitments set forth in the Agreement.

          The Agencies are authorized to state that the Company does not object to the grant of this

Petition.

                                                   Respectfully submitted,


/s/ Richard Sofield                                /s/ Shawn Cooley
Richard Sofield                                    U.S. Department of Homeland Security
Director, Foreign Investment Review Staff          3801 Nebraska Avenue, N.W.
National Security Division                         Washington, DC 20528
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530




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Document Created: 2011-01-11 14:05:20
Document Modified: 2011-01-11 14:05:20

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