CB-1 Petition and Ag

PETITION submitted by Team Telecom

CB-1 Petition and Agreement

2009-02-13

This document pretains to SCL-LIC-20080603-00011 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC2008060300011_696015

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) MFS CableCo US, Inc. ) ) File No. SCL-LIC-20080603-00011 and ) ) Cedar Cable Ltd. ) ) Application for a Cable Landing License ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”), submit 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 Agencies advise the Commission that they have no objection to the Commission approving the authority sought in the above-referenced proceeding, provided that the Commission conditions its approval on the agreement of Verizon Business Global, LLC, for itself and its affiliates, to abide by the commitments and undertakings set forth in the February 11, 2009 agreement (the “Agreement”), which is attached hereto. In the above-referenced proceeding, the Applicants petitioned the Commission for authority under the Cable Landing License Act of 19212 and Executive Order 105303 to 1 47 C.F.R. § 1.41. 2 Pub. Law No. 8, 67th Congress, 42 Stat. 8 (1921); 47 U.S.C. §§ 34-39. 3 Exec. Ord. No. 10530 § 5(a) (May 10, 1954), reprinted as amended in 3 U.S.C. § 301.

construct, land and operate a private fiber-optic submarine cable system linking Bermuda and the United States, which will be called the “CB-1 System.” 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 proceeding, the Agencies have concluded that the additional commitments set forth in the Agreement will help ensure that the Agencies and other entities with responsibility for enforcing the law, protecting the national security, and preserving public safety can proceed appropriately to satisfy those responsibilities. Accordingly, the Agencies advise the Commission that they have no objection to the Commission granting the application in the above-referenced proceeding, provided that the Commission conditions its consent on compliance by Verizon Business Global, LLC with the commitments set forth in the Agreement. The Agencies are authorized to state that the Applicants do not object to the grant of this Petition. Respectfully submitted, /s/ Charlie Steele for /s/ Stephen Heifetz Matthew G. Olsen Stephen Heifetz Acting Assistant Attorney General Deputy Assistant Secretary for Policy Development for National Security U.S. Department of Homeland Security United States Department of Justice 3801 Nebraska Avenue, N.W. 950 Pennsylvania Avenue, N.W. Washington, DC 20528 Washington, DC 20530 February 13, 2009 2




















EXHIBIT A CONDITION TO FCC AUTHORIZATION IT IS FURTHER ORDERED, that this authorization and any licenses granted thereunder are subject to compliance with the provisions of the agreement (the “Agreement”) between Verizon Business Global LLC, on the one hand, and the Department of Homeland Security (“DHS”), on the other, dated February 11, 2009, which Agreement is designed to address national security, law enforcement, and public safety concerns of DHS regarding the authority granted herein. Nothing in the Agreement is intended to limit any obligation imposed by federal law or regulation including, but not limited to, 47 U.S.C. § 222(a) and (c)(1) and the FCC’s implementing regulations. 20


Document Created: 2009-02-13 11:19:00
Document Modified: 2009-02-13 11:19:00
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