Telxius Cable Puerto

Section 1.65 Notification submitted by TI Wholesale Services Puerto Rico, Inc.

Corporate Name Change Notification

2016-07-08

This document pretains to SCL-LIC-20000204-00003 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC2000020400003_1142782

July 30, 2017


Assistant Secretary for Policy
U.S. Department of Homeland Security
Office of Policy
Foreign Investment Risk Management
3801 Nebraska Avenue NW
Washington, D.C. 20528
IP-FCC@hq.dhs.gov

Department of Defense Chief Information Officer
c/o Mr. Donald Davidson, Director Implementation & Acquisition Integration
6000 Defense Pentagon, Room 3D1048
Washington, DC 20301-6000
osd.pentagon.dod-cio.list.team-telecom@mail.mil

General Counsel
c/o James DeBose, Associate General Counsel
Defense Information Systems Agency
6910 Cooper Avenue
Fort Meade, MD 20755
james.w.debose.civ@mail.mil

Ladies and Gentlemen:

This Letter of Assurances (“LOA”) outlines the commitments made by Telxius Cable USA
(“Telxius”, f/k/a Telefónica International Wholesale Services USA, Inc.) to the U.S. Department
of Homeland Security (“DHS”), and the U.S. Department of Defense (“DOD”), together “the
USG Parties,” in order to address national security, law enforcement, and public safety concerns
raised with regard to an application filed by Telefónica International Wholesale Services USA,
Inc. (“TIWS USA”), TI Wholesale Services Puerto Rico, Inc. (“TIWS Puerto Rico”), and
Telefónica International Wholesale Services América S.A. (“TIWS América”) (“BRUSA
Applicants”) with the Federal Communications Commission (“FCC”) requesting authority to
land and operate a fiber optic submarine cable system linking the United States and Brazil
(“BRUSA Cable System”).1 The BRUSA Cable System will be a private, non-common carrier
fiber optic cable.




1
    SCL-LIC- 20160330-00011, Application of Telefónica International Wholesale Services USA, Inc., TI
    Wholesale Services Puerto Rico, Inc., and Telefónica International Wholesale Services América S.A., for a
    License to Land and Operate a Private Fiber-Optic Submarine Cable System Connecting the United States and
    Brazil.


Telxius has agreed to provide this LOA to the USG Parties to address issues raised by the USG
Parties, and Telxius understands that the USG Parties will petition the FCC to condition the
requested authorization on compliance with this LOA.

For purposes of this LOA:

A.     “Domestic Communications” means: (a) Wire Communications or Electronic
       Communications (whether stored or not) from one U.S. location to another U.S. location
       and (b) the U.S. portion of a Wire Communication or Electronic Communication
       (whether stored or not) that originates or terminates in the United States.

B.     “Domestic Communications Infrastructure” or “DCI” means: (a) any portion of the
       BRUSA Cable System that physically is located in the United States, up to the submarine
       line terminating equipment, including (if any) transmission, switching, bridging, and
       routing equipment, and any associated software (with the exception of commercial-off-
       the-shelf (“COTS”) software used for common business functions, e.g., MS Office) used
       by or on behalf of the BRUSA Applicants to provide, process, direct, control, supervise,
       or manage Domestic Communications; (b) Network Operations Center (“NOC”)
       facilities, as defined in Section D below.

C.     “Electronic Communication” has the meaning given it in 18 U.S.C. § 2510(12).

D.     “Network Operations Center” or “NOC” means the locations and facilities designated as
       such by Telxius for purposes of performing network management, monitoring,
       maintenance, or other operational functions for the BRUSA Cable System.

E.     “Principal Equipment” means the primary electronic components of the BRUSA Cable
       System, which includes the Domestic Communications Infrastructure and Wet
       Infrastructure. Principal Equipment includes: network element servers; routers;
       switches; repeaters; submarine line terminal equipment (“SLTE”); system supervisory
       equipment (“SSE”); signal modulators and amplifiers; power feed equipment (“PFE”);
       tilt and shape equalizer units (“TEQ/SEQ”); optical distribution frames (“ODF”);
       branching units (“BU”); synchronous optical network (“SONET”), synchronous digital
       hierarchy (“SDH”), wave division multiplexing (“WDM”), dense wave division
       multiplexing (“DWDM”), coarse wave division multiplexing (“CWDM”), or optical
       carrier network (“OCx”) equipment, as applicable; and any non-embedded software
       necessary for the proper monitoring, administration, and provisioning of the BRUSA
       Cable System (with the exception of COTS software used for common business
       functions, e.g., MS Office).

F.     “Wet Infrastructure” means hardware components installed and residing on the undersea
       portion of the BRUSA Cable System, including fiber optic cables, repeaters, branching
       units, and routers (if any). Wet Infrastructure includes all the components used in order to
       define the topology of the undersea portion of the BRUSA Cable System.

G.     “Wire Communication” has the meaning given it in 18 U.S.C. § 2510(1).

                                                2



Document Created: 2016-07-08 18:02:55
Document Modified: 2016-07-08 18:02:55

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