Attachment DoCoMo Atisa Petitio

DoCoMo Atisa Petitio

PETITION submitted by U.S. Department of Homeland Security

Petition

2017-02-16

This document pretains to SCL-AMD-20161012-00020 for Amended Filing on a Submarine Cable Landing filing.

IBFS_SCLAMD2016101200020_1188748

                                      Before the
                        FEDERAL COMMUNICATIONS COMMISSION
                                 Washington, D.C. 20554

In the Matter of                                )
                                                )
DOCOMO Pacific, Inc.,                           )    File No.   SCL-LIC-20160314-00008
                                                )
Application for a License to Land and           )
Operate a Private Fiber-Optic Submarine         )
Cable System Connecting Guam with               )
Saipan, Rota, and Tinian in the                 )
Commonwealth of the Northern Mariana            )
Islands,                                        )
                                                )


                           PETITION TO ADOPT CONDITIONS TO
                            AUTHORIZATIONS AND LICENSES


          The Department of Homeland Security (“DHS”) 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 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 DOCOMO Pacific, Inc. (“DOCOMO”) to abide by the undertakings set forth in

the February 15, 2017, Letter of Assurances (“2017 LOA”), which is attached hereto as

Attachment A. The above-referenced proceedings involve an application seeking Commission

approval to land and operate a fiber optic submarine cable system connecting Guam with Saipan,

Rota, and Tinian in the Commonwealth of the Northern Mariana Islands (FCC File No. SCL-

LIC-20160314-00008).

          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

1
    47 C.F.R. § 1.41.


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 DOCOMO in connection with the above-

referenced proceedings, DHS has concluded that the commitments set forth in the 2017 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 that it has no objection to the

Commission granting the applications in the above-referenced proceedings, provided that the

Commission conditions its consent on compliance by DOCOMO with the 2017 LOA.



Respectfully submitted,

/S/ Janine Slade
Janine Slade
U.S. Department of Homeland Security
Director – Foreign Investment Risk Management
Office of Policy
3801 Nebraska Avenue
Washington, D.C. 20016

February 16, 2017

Attachment A (2017 Letter of Assurances)




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Document Created: 2017-02-17 08:00:17
Document Modified: 2017-02-17 08:00:17

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