Seabras-1 Petition t

PETITION submitted by U.S. Department of Homeland Security

Petition to Adopt Conditions

2016-11-10

This document pretains to SCL-LIC-20160115-00002 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC2016011500002_1157908

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) File No. SCL-LIC-20160115-00002 Seabras-1 USA, LLC ) ) Application for a License to Land and ) Operate a Private Fiber-Optic Submarine ) Cable System Connecting Brazil and New ) Jersey ) ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Homeland Security (“DHS”) hereby 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 Seabras-1 USA, LLC (“Seabras-1”) to abide by the undertakings set forth in the November 7, 2016 Letter of Assurances (“2016 LOA”) provided to DHS, which is attached hereto as Attachment A. The above-referenced proceedings involve applications seeking Commission to land and operate a fiber optic submarine cable system connecting the United States and Brazil. 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). 1 47 C.F.R. § 1.41.

After discussions with representatives of Seabras-1 in connection with the above- referenced proceedings, DHS has concluded that the commitments set forth in the 2016 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 Seabras-1 with the 2016 LOA. Respectfully submitted, /S/ Shawn Cooley Shawn Cooley U.S. Department of Homeland Security Director – Foreign Investment Risk Management Office of Policy 3801 Nebraska Avenue Washington, D.C. 20016 November 10, 2016 Attachment A (2016 Letter of Assurances) 2


Document Created: 2016-11-10 08:20:37
Document Modified: 2016-11-10 08:20:37
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