Telehop Petition to

PETITION submitted by US Department of Justice

Petition to Adopt

2015-05-04

This document pretains to ITC-T/C-20140513-00150 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2014051300150_1087199

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) ) G3 Telecom USA, Inc. and Telehop ) C o m m u n i c a t i o ns , I n c . ) ITC- T/C-20140513-00150; Application to transfer control of ) WC Docket No. 14-74 G3 Telecom USA Inc. pursuant to Section 214 ) of the Communications Act of 1934, as ) amended ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Federal Bureau of Investigation (“FBI”), a component of the U.S. Department of Justice, submits 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 FBI advises the Commission that it has no objection to the Commission approving the authority sought in the above-referenced proceeding, provided that the Commission conditions its approval on the assurance of G3 Telecom USA (“G3 Telecom”) and Telehop Communications (“Telehop”) to abide by the commitments and undertakings set forth in the April 24, 2015 Letter of Agreement (“LOA”), 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). 1 47 C.F.R. § 1.41.

After discussions with representatives of G 3 T e l e c o m a n d T e l e h o p in connection with the above- referenced proceeding, the FBI has concluded that the additional commitments set forth in the LOA will help ensure that the FBI, which has the responsibility of enforcing the law, protecting the national security, and preserving public safety, can proceed appropriately to satisfy those responsibilities. Accordingly, the FBI advises the Commission that it has no objection to the Commission granting the application in the above-referenced proceeding, provided that the Commission conditions its consent on compliance with the LOA. Respectfully submitted, /S/ Richard C. Sofield U.S. Department of Justice Director - Foreign Investment Review Staff National Security Division Bicentennial Building 600 E Street, NW, Rm 10000 Washington, D.C. 20004 May 5, 2015 2

telehop April 24, 2015 Unit Chief, Science and Technology Policy and Law Unit Federal Bureau of Investigation 935 Pennsylvania Ave, NW Room 7350 Washington, DC 20535 Re: Pending application by G3 Telecom USA, Inc. ("G3") for transfer of control of G3‘s international Section 214 authorization to Telehop Communications, Inc. ("Telehop") under Section 214 of the Communications Act of 1934, as amended (FCC file number ITC—T/C—20140513—00150); (WC Docket No. 14—74). Dear Unit Chief: This Letter of Agreement ("LOA" or "Agreement") outlines the commitments being made by G3 and Telehop to the Federal Bureau of Investigation ("FBI"), which is part of the U.S. Department of Justice ("DOJ"), in order to address national security, law enforcement, and public safety concerns raised with regard to G3‘s application to the Federal Communications Commission ("FCC" or "Commission") requesting authority to transfer control of its international section 214 authorization (FCC file No. ITC—214— 20110311—00063) to Telehop. Following the FCC‘s approval of the transfer, Telehop will be authorized to provide global or limited global facilities—based service or global or limited—global resale services between the U.S. and all authorized points (47 C.F.R. §§ 63.18(e)(1) and (e)(2)) under Section 214 of the Communications Act of 1934, as amended. G3 is a Delaware corporation. Telehop is a publicly held Canadian corporation incorporated under the laws of the Province of Ontario. Telehop has a business address of 1039 McNicoll Avenue Toronto, Ontario, Canada, MIW 3W6. Telehop confirms that it will comply with all applicable lawful interception statutes, regulations, and requirements, including the Communications Assistance for Law Enforcement Act (CCALEA"), 47 U.S.C. 1001 et seq., and its implementing regulations, and will comply with all court orders and other legal process for lawfully authorized electronic surveillance. Upon completion of the development of its lawful interception capabilities, Telehop will request that the FBI send its CALEA Implementation Unit to conduct a CALEA compliance test.‘ Once a compliance test is scheduled, Telehop will provide notice of the scheduled date. Telehop will continue to maintain such lawful interception capabilities for the duration of the time it provides services subject to ‘ A request can be made by contacting the general helpdesk for the CALEA Implementation Unit at (855) LECALEA (532—2532). ® (CGBtelecom CBWireless iRoam %;nghtroam QJ{S * Reviel 10—10—100 #100 10—10—620 ale Toll—free: 1—888—TELEHOP (835—3467) + Toronto: 416—499—5463 * Fax:416—499—6612 * www.telehop.com 1039 McNicoll Avenue, Toronto, Ontario, M1W 3W6 CANADA

telehop CALEA. Telehop also agrees that it will comply with all other statutes, regulations, and requirements regarding electronic surveillance. Telehop agrees to maintain a point of contact in the US, preferabl;z a US citizen or Lawful Permanent Resident, to receive service of process for US records® in support of US law enforcement agencies‘ lawful requests for assistance and surveillance needs ("Designated Contact"). Contact information relating to the Designated Contact will be provided to the FBI at least 30 days prior to the date that Telehop begins to provide services, and will be subject to FBI approval. Telehop also agrees to provide DOJ at least 30 days prior notice of any change to the Designated Contact, with all such changes also subject to FBI approval. Telehop also agrees that in response to lawful U.S. process * the Designated Contact will facilitate the provision to the requesting law enforcement agency of all U.S. Records set out in the lawful request. Telehop agrees that such U.S. Records will be made available promptly and in any event no later than five business days from receipt of the request, unless otherwise agreed by the requesting law enforcement agency., 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 of Title 18 of the U.S. Code. Telehop also agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. Telehop agrees that it will not, directly or indirectly, disclose or permit disclosure of or access to U.S. Records, domestic communications, or any information (including the content of communications) pertaining to a wiretap or electronic surveillance order, pen/trap order, subpoena, or other lawful demand by a U.S. law enforcement agency for U.S. Records or lawfully authorized electronic surveillance in response to legal process or a request on behalf of a non—U.S. government, without first satisfying all pertinent requirements of U.S. law and obtaining the express written consent of DOJ or the authorization of a court of competent jurisdiction in the U.S. The term "non—U.S. government" means any government, including an identified representative, agent, component, or subdivision thereof, thatis not a local, state, or federal government in the U.S. Any such requests or legal process submitted by a non—U.S. government to Telehop shall be referred to DOJ as soon as possible, and in no event later than five business days after such request or legal process is received by or known to Telehop, unless the disclosure * Telehop may use a U.S. Trusted Third Party outsourcing partner to implement its lawful intercept capability. * U.S.Records as used in this Agreement, means Telehop‘s customer billingrecords, subscriber information, and any other related information used, processed, or maintained by Telchop in the ordinary course ofbusiness relating to the telecommunications services offered by Telchop in the U.S. U.S. Records also 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 of Title 18 ofthe U.S. Code. * This statement does not supersede or replace Telehop‘s other duties to comply with any applicable FCC requirements and regulations regardingthe storage and protection of customerrecords, including but not limited to requirements related to the storage and protection of Customer Proprietary Network Information. @ CGBtTelecom Reviel 10—10—100 CBwireless #100 iRoam 10—10—620 ! brightroam ale ep Toll—free: 1—888—TELEHOP (835—3467) * Toronto: 416—499—5463 * Fax:416—499—6612 * www.telehop.com 1039 McNicoll Avenue, Toronto, Ontario, M1W 3W6 CANADA

telehop of the request or legal process would be in violation of U.S. lawor an order of a court ofthe U.S. Telehop agrees that in the event the commitments set forth in this letter are breached, FBI may request, in addition to any other remedyavailable at lawor equity, that the FCC modify, condition, revoke, cancel, terminate, or render null and void any relevant license, permit, or other authorization granted by the FCC to Telghop or any successor—in— interest. Nothing herein shall be construed to be a waiver by Telehop of, or limitation on, its right to oppose or comment on any such request. Nothing in this letter is intended to excuse Telehop from its obligations to comply with anyand all applicable legal requirements and Telehop, including any and all applicable statutes, regulations, requirements, or orders. Telehop understands that, upon execution of this letter by an authorized representative or attorney for Telehop, DOJ shall notify the FCC that it has no objection to the FCC‘s grant of its application. The Company can send all notices pursuant to this letter to: Unit Chief, Science and Technology Policy and LawUnit Federal Bureau of Investigation 935 Pennsylvania Ave, NW Room 7350 Washington. DC 20535 Courtesy electronic copies ofall notices and communications should also be sent to Jonathan Frenkel of the FBI (at jonathan.frenkel@ic.fbi.gov). l— | Sincerely, 1'/ \’w v (_\>'\\) C<ts a aja ~—_‘3> Name: Rajih Jago Title: Director Title: President & CEO For G3 Telecom USA, Inc. For Telehop Communications, Inc. (CBtelscom CBwireiess iReam hfl man Revie! 10—10—100 #100 10—10—620 ale Toli—free: 1—888—TELEHOP (835—3467) * Toronto: 416—499—5463 * Fax:416—499—6612 * www.telehop.com 1039 McNicoll Avenue, Toronto, Ontario, M1W 3W6 CANADA


Document Created: 2015-05-04 12:33:05
Document Modified: 2015-05-04 12:33:05
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