Letter to FCC to rem

NOTICE submitted by U.S. Department of Justice

Letter to remove DOJ from LOA commitments

2018-05-17

This document pretains to SCL-LIC-20120330-00002 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC2012033000002_1398405

U.S. Department of Justice National Security Division Washington, D.C. 20530 May 17, 2018 VIA ELECTRONIC MAIL Ms. Marlene H. Dortch — Secretary of the Federal Communications Commission Federal Communications Commission 445 12" St, SW, Room TW—B204 Washington, DC 20554 Re: Removal of the U.S. Department of Justice from Monitoring Obligations with respect to File No. SLC—LIC—20120330—00002 Ms. Dortch, The U.S. Department of Justice ("DOJ"), with the knowledge of the U.S. Department of Homeland Security ("DHS"), hereby notifies the Federal Communications Commission of DOJ‘s intention to cease monitoring compliance with the attached January 28, 2013, Letter of Assurance from Latam Telecommunications, LLC to the DOJ and DHS, submitted in relation to File Number SLC—LIC—20120330—00002. For further details, please see the attached letter. Regards, Hunter P. Deeley Attorney Foreign Investment Review Staff National Security Division U.S. Department of Justice

ELECTRONIC CARBON COPY: Edgar Class Of Counsel Wiley Rein LLP eclass@wileyrein.com Phil Ludvigson Acting Director Foreign Investment Risk Management U.S. Department of Homeland Security IP—FCC@HQ.DHS.GOV Federal Communications Commission FCC—TTelecom@fee.gov David.Krech@fee.gov Denise.Coca@fec.gov

ATTACHMENT 1

U.S. Department of Justice National Security Division Washington, D.C. 20530 May 17, 2018 VIA ELECTRONIC MAIL Edgar Class Of Counsel Wiley Rein LLP 1776 K. Street NW Washington DC 20006 eclass@wileyrein.com Re: Termination of Rights and Obligations Under 2013 Letter of Assurance Mr. Class, On behalf of the U.S. Department of Justice ("DOJ") I writeregarding the January 28, 2013, Letter of Assurance ("LOA") from Latam Telecommunications, LLC ("Latam") to the DOJ and the U.S. Department of Homeland Security ("DHS"). Specifically, I write to remove the DOJ from "the USG Parties," as defined in the LOA, and thus remove DOJ from those agencies monitoring and enforcing Latam‘s compliance with the LOA. Pursuant to this letter, the DOJ terminates any rights and obligations the DOJ would otherwise have with respect to the LOA‘s future enforcement. Thus, as of the date of this letter, the portion of the LOA that relates to the DOJ is no longer in effect. This letter has no effect on the validity of the LOA, and the assurances made therein, with respect to Latam and the DHS. Richard Sofielg Principal Deputy Chief Foreign Investment Review Staff National Security Division U.S. Department of Justice

ELECTRONIC CARBON COPY: Richard Sofield _ U.S. Department of Justice Richard.sofield2@usdoj.gov TTelecom@usdoj.gov Hunter Decley U.S. Department of Justice Hunter.deeley@usdoj.gov Phil Ludvigson Acting Director Foreign Investment Risk Management U.S. Department of Homeland Security IP—FCC@HQ.DHS.GOV

ATTACHMENT 2

Latam Telecommunications, LLC Mr. Richard Sofield Director, Foreign Investment Review Staff National Security Division U.S. Department of Justice Bicentennial Building 600 E Street NW # 10200 Washington, D.C. 20004 Mr. Shawn Cooley Director, Foreign Investment Risk Management Office of Policy U.S. Department of Homeland Security 3801 Nebraska Avenue, N.W. Washington, D.C. 20528 Gentlemen: Latam Telecommunications, LLC. ("Company") is providing this Letter of Assurance (LOA), dated January 23, 2013, to the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) (DHS and DOJ together referred to herein as the "USG Parties") on the express understanding that, promptly upon execution of this LOA, the USG Parties will notify the FCC that they have no objection to the FCC‘s grant of the pending application of Company, Puerto Rico Telephone Company, Inc. and Claro Chile S.A. (SCL—LIC—20120330—00002 ), and will request that the FCC‘s grant ofthat application be made subject to this LOA and its resolution ofissues relating to national security, law enforcement, and public safety. For purposes ofthis LOA, the AMX1 Cable System includes, but is not limited to, associated cable landing sites, points of presence (PoPs) or interconnected gateways in the U.S. (whether leased or owned). Company has agreed to provide this LOA to the USG Parties to address issues raised by the USG Parties, and to jointly petition the FCC to condition the requested authorization on compliance with this LOA. Upon grant of the license, Company undertakes to comply with the following commitments to the USG Parties: 1. Principal Equipment List Within 60 days ofthis LOA, and thereafter upon request from the USG Parties, Company shall provide an updated Principal Equipment list. For purposes ofthis LOA, "Principal Equipment" means the primary components of the Domestic Communications Infrastructure and the AMX1 Cable System, including, but not limited to, should they exist, servers, routers, switches, signal modulators and amplifiers, repeaters, submarine line terminal equipment (SLTE), system supervisory equipment (SSE), power feed equipment (PFE), tilt and shape equalizer units (TEQ/SEQ), optical distribution frames (ODF), and synchronous

Latam Telecommunications, LLC 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 (OCN) equipment, as applicable, and any non—embedded software necessary for the proper monitoring, administration and provisioning of the AMX1 Cable System. This list should include available information identifying each item‘s manufacturer and the model and/or version number of any hardware or software. In addition, the list should identify any vendors, contractors, or subcontractors for the Principal Equipment, including those performing functions that would otherwise be performed by Company personnel to install, operate, manage, or maintain the Principal Equipment. For purposes ofthis LOA, "Domestic Communications Infrastructure" (DCI) means: (a) transmission, switching, bridging, and routing equipment (including software and upgrades), if any, used by or on behalf of Company to provide, process, direct, control, supervise, or manage information carried on the AMX1 Cable System; (b) facilities and equipment used by or on behalf of Company that are physically located in the United States; or (c) facilities used by or on behalf of Company to control, provision, and activate the equipment described in (a) and (b) above. Domestic Communications Infrastructure does not include equipment orfacilities used by service providers other than Company that are: (a) interconnecting communications providers or providers oftransit services; or (b) providers of services or content that are: (i) accessible using the communications services of Company and (ii) available in substantially similar form and on commercially reasonable terms through communications services of companies other than Company. The phrase "on behalf of" as used in this definition does not refer to: (a) entities with which Company has contracted for peering, interconnection, transit, roaming, long distance, or other similar arrangements; or (b) affiliates of Company legally established and located outside the United States that are part of the international América Movil Submarine Cable System, provided that such affiliates have novisibility into or control over any interexchange or local exchange facilities in the United States or the content of communications as it travels over the international América Movil Submarine Cable System. 2. Information Available Upon Request Upon request by the USG Parties, Company agrees to make available updated information within 15 days relating to the development, operation and managementof the U.S. AMX1 Cable System, including, but not limited to, the following: a) Network Management Information, including network topology descriptions or maps; network and telecommunications architecture descriptions and associated descriptions ofinterconnection points and controlled gateways to the DCI; network operational plans, processes and procedures; locations and functions of any network operations centers, data centers, and main distribution facilities; and descriptions of linkages to the AMX1 Cable System for service offload, disaster recovery, or administrative functions; b) Physical and logical security policies, procedures and hardware or software products or appliances maintained to protect the AMX1 Cable System;

Latam Telecommunications, LLC c) Architecture Interconnect Diagrams (AID), Architecture Flow (control) Diagrams (ACD), and System Context Diagram (SCD) that shows major system/subsystem components, data flow/control, and actors outside the system that could interact with the AMX1 Cable System; and d) Any policies or procedures adopted to implement this LOA. 3. Measures to Prevent Physical and Logical Unauthorized Access Company agrees to store system logs (SYSLOGS) to U.S. based network elements for a period of 18 months and to make available for USG Party review upon request. Company agrees to take practicable measures to prevent unauthorized access to, and protect the physical and logical security of the AMX1 Cable System and any information being carried on the AMX1 Cable System, including ensuring that security patches for systems and applications are kept up to date. Furthermore, Company agrees to report to the USG Parties if it learns ofinformation that reasonably indicates unauthorized third—party access, disruption, or corruption to the AMX1 Cable System or any information being carried on the AMX1 Cable System. Any such reports should be provided in writing to the USG Parties within 10 business days of discovery of the relevantinformation. Company further agrees: (a) to cooperate with USG Party recommendations with respect to the remediation of such events, and to the extent such recommendations are not adopted by the Company, to provide a detailed explanation as to why such measures are not adopted; and (b) to report Company‘s actions in response to any recommendation from the USG Parties concerning remediation within 10 business days of receipt of such recommendation. 4. Point of Contact Company hereby designates Arturo Pellerano Guerra, a resident U.S. citizen or permanentresident alien, as Point of Contact (POC) for the USG Parties for purposes of this LOA. Cynthia A. Jacobs also a resident U.S. citizen or permanentresidentalien, will serve as an alternate point of contact in the event the primary Point of Contact cannot be reached. Company may also designate such additional alternate points of contact, also resident U.S. citizens or permanentresident aliens. All such designated points of contact shall be subject to USG Party review and non—objection. The POC, or alternate, shall be available 24 hours per day, 7 days per week to address any national security, law enforcement or public safety concerns that may be raised by the USG Parties with respect to the AMX1 Cable System. The POC, and any alternates, shall be responsible for receiving service of process for U.S. records and assisting with lawfully authorized electronic surveillance, and shall comply with all statutes, regulations, and requirements regarding lawful electronic surveillance requests. In addition, the POC and alternates shall be responsible for receiving and promptly effectuating requests for information from the USG parties pursuant to this LOA. Company will notify the USG Parties of any change to the POC or alternates within 10 business days of such change and such POC or alternates shall be subject to USG Parties review and non—objection. Company shall cooperate with a request by a USG party that a background check be completed for a designated Point of Contact or alternate.

Latam Telecommunications, LLC 5. Annual Report On or before each anniversary of the effective date ofthis LOA, Company shall submit to the USG Parties a report including the following information: (a) An updated list of Principal Equipment used within the AMX1 Cable System and by related primary vendors, contractors or subcontractors, including but not limited to any material changes or upgrades to system components or applications since the list was most recently provided to the USG Agencies; (b) The names and contact information of the Point of Contact and alternates for the company for purposes ofthis LOA; (c) A summary of unauthorized network access (if any) related to the company‘s operation for the preceding 12 months; (d) Physical and logical security policies and procedures used for protecting system and subsystem components of the AMX1 Cable System, or material updates to policies and procedures previously disclosed to the USG Parties; and (e) Architecture Interconnect Diagrams (AID), Architecture Flow (control) Diagrams (ACD), and System Context Diagrams (SCD) that show major system/subsystem components, data flow/control, and outside system components (people or machine) that could interact with the AMX1 Cable System, or material updates to such documents that were previously disclosed to the USG Parties. 6. USG Visitation Company agrees that upon reasonable advance notice, the USG Parties may visit its landing stations, network operations centers, PoPs, or other facilities underits control to conduct on—site visits concerning the implementation of the terms ofthis LOA. During such visits, Company will cooperate with the requests of USG Parties to make information, facilities and personnel available. 7. Services Company agrees thatit will notify the USG Parties in writing at least 30 calendar days prior to implementing any significant changes to its provision of communications services in the U.S., including but not limited to the provision of services directly to end—user(i.e., non—carrier) customers, either residential, business, or enterprise. Company agrees that it will implement a solution for lawfully authorized electronic surveillance pursuant to the Communications Assistance for Law Enforcement Act (CALEA) and its implementing regulations prior to providing any service for which compliance with CALEA is required, and further agrees that it will comply with all other statutes, regulations, and requirements regarding electronic surveillance.

Latam Telecommunications, LLC 8. Records Storage Company agrees that, for all customer billing records, subscriber information, and any otherrelated information used, processed, or maintained in the ordinary course of business relating to telecommunications services offered in the U.S. (U.S. Records), Company will store either originals or copies of originals in the U.S. and shall make such records available in response to lawful U.S. process.l For these purposes, U.S. Records shall include information subject to disclosure to a Federal or state governmental entity under the procedures specified in Sections 2703(c) and (d) and Section 2709 of Title 18 of the United States Code. Company also agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. Company shall provide the U.S. Records storage location to the USG Parties at least 30 calendar days in advance of the time in which Company anticipates generating U.S. Records and shall notify the USG Parties 30 days prior to any change in that location. 9. Dispute Resolution (a) Company understands that the USG Parties may request that the FCC modify, condition, revoke, cancel, or render null and void any relevant license, permit, or other authorization in the event the commitments set forth in this letter are breached by Company or in the event the USG Parties determine that the terms of this LOA are inadequate to address national security, law enforcement or public safety concerns. Company will promptly negotiate in good faith to address any such concerns. The USG Parties will promptly negotiate in good faith with respect to any reasonable request by Company for relief from the application of specific provisions of this LOA if such provisions become unduly burdensome or adversely affect the competitive position of Company. (b) Notwithstanding the foregoing, the USG Parties reserve the right to object, formally or informally, to the grant of any other FCC application or petition of Company or an entity controlled by Company for a license, other authorization, or assignment or transfer of control of a license or other authorization under the Cable Landing License Act or Titles II and III of the Communications Act of 1934, as amended, and to seek additional or different terms that would, consistent with the public interest, address any threat to the ability of the United States to enforce the laws, preserve the national security, or protect the public safety raised by the services and transactions underlying any such application or petition. 10. Request for Relief The USG Parties agree to negotiate in good faith and promptly with respect to a request by Company for relief from application of a specific provision of this LOA or relief from a specific request of the USG ‘This statement does not supersede or replace Company‘s other duties to comply with any applicable FCC requirements and regulations regarding the storage and protection of customer records, including but not limited to requirements related to the storage and protection of Customer Proprietary Network Information (CPNI).

Latam Telecommunications, LLC Parties made pursuant to this LOA where such a provision or request is unduly burdensome or adversely affects Company‘s competitive position. 11. Exempt from Disclosure Company is providing this LOA on the express understanding that all notices, reports and information provided to the USG Parties pursuant to this LOA shall be treated as confidential business information exempt from disclosure under the Freedom ofInformation Act, 5 U.S.C. 552(b)(4). The USG Parties shall take all reasonable measures to protect from public disclosure all information submitted by Company to the USG Parties in connection with this LOA and clearly marked with the legend "Confidential; Subject to Protection Under 5 U.S.C. section 552(b)" or similar designation. Such markings shall signify that it is Company‘s position that the information so marked constitutes "trade secrets" and/or "commercial or financial information obtained from person and privileged or confidential," or otherwise warrants protection within the meaning of 5 U.S.C. section 552(b). If a request is made under 5 U.S.C. section 552(a)(3) for information so marked, and disclosure of any information (including disclosure in redacted form) is contemplated, the USG Parties, as appropriate, shall notify Company ofthe intended disclosure as provided by Executive Order 12600, 52 Fed. Reg. 23781 (June 25, 1987). If Company objects to the intended disclosure and its objections are not sustained, the USG Parties, as appropriate, shall notify Company ofits intention to release not later than ten business days prior to disclosure of the challenged information. 12. Binding Upon Successors The LOA shall inure to the benefit of, and shall be binding upon, Company and its respective successors, assigns, subsidiaries, and affiliates. 13. USG contacts All correspondence to the USG Parties under the LOA will be directed to the addressees listed on the first page of this LOA. In addition, an electronic copy ofall correspondence will be provided to DHS at IP— FCC@hq.dhs.gov and DOJ at FIRS—TT@usdoj.gov.

Latam Telecommunications, LLC For and on behalfofL'\tam Telecomunications, LLC 4Anu Pell‘ef/noGuer' ';s&{’—»/ — Latam Telécomunications,LLC TracFone Building, 9700 NW 112th Avenue Miami, Florida 33178 Tel: (305) 418—3484 Fax: (954) 416—6699 arturo.pellerano@seccionamarilla.com


Document Created: 2018-05-17 14:45:07
Document Modified: 2018-05-17 14:45:07
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