Curie Petition to ad

PETITION submitted by DHS

Petition to Adopt

2019-09-19

This document pretains to SCL-LIC-20181008-00034 for License on a Submarine Cable Landing filing.

IBFS_SCLLIC2018100800034_1912782

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

In the Matter of                                )
                                                )
GU Holdings Inc.,                               )    File No.     SCL-LIC-20181008-00034
                                                )
Application for a License to Construct, Land    )
and Operate a Non-Common Carrier Fiber-         )
Optic Submarine Cable System Connecting         )
Los Angeles, California and Valparaiso,         )
Chile,                                          )
                                                )
                                                )
                                                )


                           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 proceeding, provided that the Commission conditions its approval on the

commitment of GU Holdings Inc. (“GU Holdings”) to abide by the undertakings set forth in the

September 18, 2019 Letter of Assurances (“LOA”), which is attached hereto as Attachment A.

The above-referenced proceeding involves an application seeking Commission approval to

construct, land and operate a fiber optic submarine cable system connecting Los Angeles,

California and Valparaiso, Chile (FCC File No. SCL-LIC-20181008-00034).

          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 GU Holdings in connection with the above-referenced proceeding,

DHS has concluded that the commitments set forth in the 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 application

in the above-referenced proceeding, provided that the Commission conditions its consent on

compliance by GU Holdings with the LOA.



Respectfully submitted,

/S/ Brien Beattie
Brien Beattie
U.S. Department of Homeland Security
Director – Foreign Investment Risk Management
Office of Strategy, Policy and Plans
U.S. Department of Homeland Security
2707 Martin Luther King Jr. Ave SE
Washington, D.C. 20528-0445
IP-FCC@hq.dhs.gov

September 19, 2019

Attachment A (Letter of Assurances)




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Document Created: 2019-09-19 10:48:17
Document Modified: 2019-09-19 10:48:17

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