Attachment Modification

This document pretains to SCL-MOD-20060111-00001 for Modification on a Submarine Cable Landing filing.

IBFS_SCLMOD2006011100001_483733

AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT (the “Amendment”) is made as of the date of the last signature affixed hereto (the “Effective Date”), by and among VSNL America, Inc. (“VSNL America”), VSNL Telecommunications (U.S.), Inc. (“VSNL US”), Videsh Sanchar Nigam Limited (“VSNL”), on the one hand, and the U.S. Department of Justice (“DOJ”), including the Federal Bureau of Investigation (“FBI”), and the U.S. Department of Homeland Security (“DHS”), and the U.S. Department of Defense (“DOD”), on the other hand (referred to individually as a “Party” and collectively as the “Parties”). RECITALS WHEREAS, VSNL, VSNL America, VSNL US, DOJ, FBI, DHS and DOD have heretofore entered into that certain Agreement dated as of April 7, 2005 (a copy of which is attached hereto as Exhibit A and referred to herein as the “Agreement”) whereby such parties agreed to set forth certain rights, obligations and undertakings to be performed with respect to national security, law enforcement and public safety concerns (all terms defined in the Agreement shall have the same meanings ascribed to such terms therein, unless defined otherwise in this Amendment); and WHEREAS, pursuant to an Agreement and Plan of Amalgamation dated as of July 25, 2005 among VSNL, VSNL Telecommunications (Bermuda) Ltd. (“VSNL Bermuda”) and Teleglobe International Holdings Ltd. and affiliated entities (“Teleglobe”) (the “Amalgamation Agreement”), one or more applications (hereinafter “Teleglobe Application(s)”) will be filed with the FCC for authorization to assign and/or transfer control of certain licenses heretofore granted by the FCC, as such licenses are described on Exhibit B hereto; and WHEREAS, the FCC’s grant of the Teleglobe Applications may be made subject to conditions relating to national security, law enforcement, and public safety. NOW THEREFORE, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties are entering into this Amendment to address national security, law enforcement and public safety concerns. ARTICLE 1: AMENDMENTS TO AGREEMENT 1.1 Amendment to Definition of Domestic Communications Infrastructure. The definition of “Domestic Communications Infrastructure” in Section 1.11 is hereby deleted in its entirety and replaced with the following: 1.11 “Domestic Communications Infrastructure” means (a) transmission, switching, bridging and routing equipment (including software and upgrades) used by or on behalf of VSNL America or VSNL US to provide, process, direct, control, supervise or manage Domestic Communications; (b) facilities and equipment used by or on behalf of VSNL America or VSNL US that are physically located in the United States; and (c) facilities used by or on behalf of VSNL America or VSNL US to control the equipment described in (a) and (b) above. Domestic Communications Infrastructure does not include equipment or facilities used by service providers other than VSNL or its Affiliates that are: 1

(1) interconnecting communications providers; or (2) providers of services or content that are (A) accessible using the communications services of VSNL America or VSNL US or their Affiliates, and (B) available in substantially similar form and on commercially reasonable terms through communications services of companies other than VSNL America, VSNL US or their Affiliates. The phrase “on behalf of” as used in this section does not include entities with which VSNL or any of its Affiliates has contracted for peering, interconnection, roaming, long distance, or other similar arrangements on which the Parties may agree. Domestic Communications Infrastructure does not include equipment dedicated to the termination of international undersea cables, provided that such equipment is utilized solely to effectuate the operation of undersea transport network(s) outside of the United States and in no manner controls land-based transport network(s) or their associated systems in the United States. Domestic Communications Infrastructure also does not include the TGN Network Operations Center located in the United Kingdom or the Teleglobe Network Operations Center (“Teleglobe NOC”) currently located at 1441 Carrie-Derick in Montreal, Canada. 1.2 New Definition. The definition of “Teleglobe” is hereby added to the Agreement as a new Section 1.34 as follows: “Teleglobe” means Teleglobe International Holdings Limited, a Bermuda corporation, and affiliated entities. 1.3 New Sections 2.10 and 2.11. The following new Sections 2.10 and 2.11 are hereby added to the Agreement as follows: 2.10 Routing of Teleglobe Traffic. VSNL shall ensure that all Domestic Communications routed over the Teleglobe network, including any associated network management transmissions, shall not be routed outside of the United States and/or Canada, except as and only to the extent it is necessary in emergency situations (e.g., a natural disaster that removes the ability to route traffic over US and/or Canadian networks). 2.11 Teleglobe Network Operations Center. VSNL agrees to adopt (or cause the adoption of) security measures for the Teleglobe NOC located at 1441 Carrie- Derick, Montreal, Canada that are consistent with, and based upon, the provisions in Sections 3.2-3.3 (Visitation Policy), 3.9 (Information Security Plan) and 3.14 (Screening of Personnel). VSNL shall include such measures in a security plan that will be provided to DHS, DOJ, FBI and DOD for review and consultation within thirty (30) days after the date on which the FCC grants the applications filed by Teleglobe, VSNL and/or related entities for authorization to assign and/or 2


Document Created: 2006-02-21 15:32:54
Document Modified: 2006-02-21 15:32:54
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC