Petition to adopt co

PETITION submitted by U.S. Department of Justice

Petition to Adopt Conditions

2019-02-14

This document pretains to ITC-T/C-20180824-00165 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2018082400165_1626510

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Brent Infrastructure I B.V. Transferor ) File No. WC Docket No. 18-255 ) ULS 0008305302 and ) ULS 0008308784 Colombo Topco Limited, ) ULS 0008309647 Transferee ) ULS 0008314644 ) ITC-T/C-20180824-00165 Joint Application for Consent to Transfer ) SES-T/C-20180824-02273 Control of Domestic and International ) SES-T/C-20180824-02276 Authorizations Pursuant to Section 214 of ) SES-T/C-20180824-02277 the Communications Act of 1934, As ) SES-T/C-20180824-02278 Amended ISP-PDR-20180824-00003 PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Justice (“DOJ”), with the concurrence of the Department of Homeland Security (“DHS”) and the Department of Defense (“DOD” and, together with DHS and DOJ, 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 DOJ: (1) petitions the Commission, should it decide to grant the authority sought in the above-referenced proceedings, to grant such authority on the condition that Tampnet Inc. (“Tampnet”), Tampnet AS, and Colombo Topco Limited (“Colombo Topco” and, together with Tampnet and Tampnet AS, the “Applicants”) abide by the commitments and undertakings set forth in the attached February 13, 2019, Letter of Agreement (“2019 LOA”); (2) advises the Commission that, assuming that such a condition will be placed on the authority sought by Colombo Topco, the DOJ has no objection to the FCC granting the 1 47 C.F.R. § 1.41.

authority sought in the above-referenced proceeding; and (3) advises the Commission that it is the DOJ’s understanding that the DOD and the DHS have no objection to the relief sought by the DOJ or to the granting of Colombo Topco’s application. 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 Applicants in connection with the above- referenced proceedings, the DOJ has concluded that the additional commitments set forth in the 2019 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, the DOJ advises the Commission that: it has no objection to the Commission granting the applications in the above-referenced proceedings, provided that the Commission grants this petition and conditions its consent of authority on the Applicants’ compliance with the 2019 LOA; and, 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. 2

Respectfully submitted, LOYAAN A. EGAL Deputy Chief, Foreign Investment Review Staff National Security Division United States Department of Justice ___________/S/____________________ Hunter P. Deeley Attorney Advisor 3 Constitution Square 175 N Street, N.E. Washington, D.C. 20002 February 14, 2019 Attachment A (2019 Letter of Assurances) 3


Document Created: 2019-02-14 12:10:19
Document Modified: 2019-02-14 12:10:19
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