GTT Hibernia Petitio

PETITION submitted by U.S. Department of Homeland Security

GTT Hibernia Peition to Adopt Conditions

2017-01-05

This document pretains to ITC-T/C-20161110-00295 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2016111000295_1163103

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Murosa Development S.a.r.l., Hibernia ) File Nos. ITC-T/C-20161110-00295 Atlantic U.S. LLC, and GTT ) Communications, Inc. ) ) Transfer of Control of a Company Holding ) International Section 214 Authority, and a ) Submarine Cable Landing License ) ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Homeland Security (“DHS”) hereby 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, DHS advises the Commission that DHS, on behalf of the Department of Justice (“DOJ”) and Department of Defense (“DoD”, and collectively, the “USG Agencies”), has no objection to the Commission approving the authority sought in the above-referenced proceedings, provided that the Commission conditions its approval on the commitment of GTT Communications, Inc. (“GTT”), attached hereto as Attachment A (“GTT Commitment Letter”), to acknowledge and assume the commitments set forth in the Letter of Assurance dated September 30, 2010, from Hibernia Group ehf, for itself and its subsidiaries, including Hibernia Atlantic U.S. LLC (“HB Atlantic”), to the USG Agencies with respect to the Hibernia Atlantic cable system (SCL-LIC-19990804- 00012, modified by SCL-MOD-20020412-00022) (“2010 LOA”) and a subsequent Letter of Assurance dated December 15, 2014, from KCK Limited, HB Atlantic and certain other 1 47 C.F.R. § 1.41.

affiliated entities, which amended the 2010 LOA, and undertook certain additional commitments to the USG Agencies with respect to the Project Express system (“2014 LOA”). The 2010 LOA and 2014 LOA are attached hereto as Attachments B and C, respectively. 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 GTT in connection with the above-referenced proceedings, the USG Agencies have concluded that the commitments set forth in the 2010 LOA, as amended, and the 2014 LOA 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, DHS advises the Commission, on behalf of the USG Agencies, that it has no objection to the Commission granting the application in the above-referenced proceedings, provided that the Commission conditions its consent on compliance by GTT with the 2010 LOA, as amended, and 2014 LOA, as reflected in the GTT Commitment Letter. Respectfully submitted, /S/ Shawn Cooley Shawn Cooley U.S. Department of Homeland Security Director – Foreign Investment Risk Management Office of Policy 3801 Nebraska Avenue Washington, D.C. 20016 January 5, 2017 2

Attachments: Attachment A (Commitment Letter) Attachment B (2010 LOA) Attachment C (2014 LOA) 3


Document Created: 2017-01-05 11:13:19
Document Modified: 2017-01-05 11:13:19
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC