Attachment Pet Adopt Conds...p

Pet Adopt Conds...p

PETITION submitted by U.S. Department of Justice

Peition to Adopt

2016-12-15

This document pretains to ITC-T/C-20160708-00186 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2016070800186_1162233

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of the Application of ) ) File No. ITC-T/C-20160708-00185 Oxford Networks Holdings, Inc., ) ITC-T/C-20160708-00186 Applicant and Transferor, ) ) WC Docket No. 16-222 and ) ) OHCP Northeastern Fiber Buyer Inc., ) Applicant and Transferee. ) ) ) ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The U.S. Department of Justice (“DOJ”) , with the concurrence of the U.S. Department of Defense (“DOD”) and the U.S. Department of Homeland Security (“DHS” and, collectively with the DOJ and the DOD, the “Agencies”), 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 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 continued compliance by Oxford County Telephone & Telegraph (“Oxford”) with the commitments and undertakings set forth in the attached April 28, 2014, Letter of Agreement (“Agreement”) from Oxford to the DOJ. 1 47 C.F.R. § 1.41.

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 and communications with the Applicants’ representatives in connection with the above-referenced proceeding, the DOJ has concluded that the additional commitments set forth in the Agreement will help ensure that those agencies with responsibility for enforcing the law, protecting the national security, and preserving public safety can proceed appropriately to satisfy those responsibilities. Accordingly, the DOJ advises the Commission that: 1) it hereby officially withdraws its July 26, 2016, request to defer action on the above-referenced application; 2) it has no objection to the Commission granting the application in the above- referenced proceeding, provided that the Commission grants this petition and conditions its consent of authority on Oxford’s compliance with the Agreement; and, 3) that it is the DOJ’s understanding that the DOD and the DHS otherwise have no objections regarding the application at issue or the DOJ’s herein-requested relief. Respectfully submitted, /s/ Richard C. Sofield Richard C. Sofield U.S. Department of Justice Director – Foreign Investment Review Staff National Security Division 600 E Street, NW, Suite 10000 Washington, D.C. 20004 December 14, 2016 2


Document Created: 2016-12-20 14:05:43
Document Modified: 2016-12-20 14:05:43
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