STI Ex Parte.PDF

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by c/o Squire Patton Boggs (US) LLP

STI Ex Parte Submission - August 4, 2017

2017-08-04

This document pretains to ITC-T/C-20170511-00094 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2017051100094_1257783

SQUIRE:: Squire Patton Boggs (US) LLP 2550 M Street, NW Washington, DC 20037 PATTON BOGGS O +1 202 457 6000 F +1 202 457 6315 squirepattonboggs.com Paul Besozzi T +1 202 457 5292 Paul.Besozzi@squirepb.com VIA ECFS AND IBFS August 4, 2017 Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, DC 20554 Re: Ex Parte Submission WC Docket No. 17-126; ITC-T/C-20170511- — 00094; ITC-T/C-20170511-00095 - Securus Investment Holdings, LLC; Securus Technologies, Inc.; T-NETIX, Inc.; and T-NETIX Telecommunications Services, Inc. Dear Ms. Dortch: Securus Investment Holdings, LLC, Securus Technologies, Inc., T-NETIX, Inc., and T-NETIX Telecommunications Services, Inc. (collectively "STI") and SCRS Acquisition Corporation ("SCRS") (collectively, with STI, the "Applicants"), by and through the undersigned counsel, and pursuant to Section 1.1206(b) of the Commission's rules, hereby submit this Ex Parte Submission in connection with the pending indirect transfer of control application filed by the Applicants.' Joint Application of Securus Investment Holdings, LLC, Transferor, Securus Technologies, Inc., Licensee T-NETIX, Inc., Licensee T-NETIX Telecommunications Services, Inc., Licensee, and SCRS Acquisition Corporation For Grant ofAuthority Pursuant to Section 214 of the Communications Act of 44 Offices in 21 Countries Squire Patton Boggs (US) LLP is part of the international legal practice Squire Patton Boggs, which operates worldwide through a number of separate legal entities. Please visit squirepattonboggs.com for more information.

Squire Patton Boggs (US) LLP August 4, 2017 Page 2 Through this Ex Parte Submission, the Applicants respond to the numerous recent ex parte submissions filed by the Wright Petitioners ("Petitioners") and provide certain relevant facts. 2 First, in the case of STI's Location Based Services ("LBS") software program, as described in greater detail to FCC staff in July 27 meetings, law enforcement/correctional personnel use of the LBS software to gain access to location information is subject to prior informed consent of the called mobile party or a warrant, subpoena, or other legal authorization. The Petitioners claim that the alleged actions of a former sheriff, who was authorized to use the program in accordance with specific LBS terms and conditions regarding privacy, is somehow a Section 222 violation by STI. 3 As the very Complaint submitted by the Petitioners plainly shows (see pages 3-4), 4 in this case the sheriff used facially valid but allegedly false legal authorizations to satisfy the requirement for access to the requested data. Second, STI has acted with candor. As of August 1, Applicants had obtained all state approvals required by the Stock Purchase Agreement as a condition to closing the transaction; STI's letter indicating that it had all required approvals was intended to be read and should be read as referring only to these contractual obligations. 1934, as amended, and Sections 63.04 of the Commission's Rules to Transfer Indirect Ownership and Control of Licensees to SCRS Acquisition Corporation, WC Docket 17-126 (filed May 11, 2017), ITC-T/C-20170511-00094, ITC-T/C-20170511-00095 (filed May 11, 2017) ("Joint Application"). 2 Wright Petitioners' Ex Parte Submissions (filed July 31, 2017; Aug. 2, 2017; Aug. 3, 2017; Aug. 4, 2017). See also Petition To Deny By The Wright Petitioners, Citizen United For Rehabilitation Of Errants, Prison Policy Initiative, Human Rights Defense Center, The Center For Media Justice, Working Narratives, United Church Of Christ, OC, Inc., and Free Press, dated June 16, 2017, WC Docket 17-126; ITC-T/C-20170511-00094; ITC-T/C-20170511-00095 ("Petition"); See Opposition To Petition To Deny By The Wright Petitioners, Citizen United For Rehabilitation Of Errants, Prison Policy Initiative, Human Rights Defense Center, The Center For Media Justice, Working Narratives, United Church Of Christ, OC, Inc., and Free Press, dated June 16, 2017, WC Docket 17-126; ITC-T/C-20170511-00094; ITC-T/C-20170511-00095, filed June 26, 2017 ("Opposition"); Reply To Opposition By The Wright Petitioners, Citizen United For Rehabilitation Of Errants, Prison Policy Initiative, Human Rights Defense Center, The Center For Media Justice, Working Narratives, United Church Of Christ, OC, Inc., and Free Press, dated July 3, 2017, WC Docket 17- 126; ITC-T/C-20170511-00094; ITC-T/C-20170511-00095 ("Reply"). 3 47 U.S.C. § 222. 4Complaint at 3-4, Cooper v. Hutcheson, No. 1:17-cv-00073-ACL (E.D. Mo. Southeastern Div. filed May 9, 2017).

Squire Patton Boggs (US) LLP August 4, 2017 Page 3 Third, Petitioners have alleged that both STI and SCRS's parent have misled the Commission, which is false. In light of the above, the Applicants respectfully reiterate their request that the Joint Application be processed expeditiously. y submitA , Paul C. Besozzi &fuire Patton Boggs (US)X.IUY 2550 M Street, NW Washington, DC 20037 202-457-5292 Counsel for Securus Investment Holdings, LLC; Securus Technologies, Inc.; T- NETIX, Inc.; and T-NETIX Telecommunications Services, Inc. cc: Chairman Ajit Pai Commissioner Mignon Clyburn Commissioner Michael O'Rielly Brendan Carr, General Counsel Kris Monteith, Chief, Wireline Competition Bureau Tom Sullivan, Chief, International Bureau Nicholas Degani, Office of Chairman Pai Jay Schwarz, Office of Chairman Pai Kristine Fargotstein, Office of Chairman Pai Claude Aiken, Office of Commissioner Clyburn Jim Bird, Office of General Counsel Madeleine Findley, Wireline Competition Bureau Daniel Kahn, Wireline Competition Bureau Jodie May, Wireline Competition Bureau Sherwin Siy, Wireline Competition Bureau Tracey Wilson, Wireline Competition Bureau David Krech, International Bureau Sumita Mukhoty, International Bureau Lee G. Petro, Counsel for Petitioners William B. Wilhelm, Counsel for Transferee


Document Created: 2017-08-04 17:05:11
Document Modified: 2017-08-04 17:05:11
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