Attachment Modification Letter

This document pretains to SCL-T/C-20061204-00013 for Transfer of Control on a Submarine Cable Landing filing.

IBFS_SCLTC2006120400013_548945

                                        Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                            Washington, D.C. 2055@@@?3

In the Matter of
                                                            Telecom Omision
                                                                    L/
REACH LTD.                                                 intemationeal Bursett        %
Application for Authority Pursuant to
Section 214 of the Communications                    File No. ITC—214—20001228—00771
Act of 1934, as amended, for Global
Authority to Provide Facilities—Based
And Resold Services Between the                                             J {     a   & ,i;\
United States and All Authorized                                           ;{E%, t 4s
International Points, Except Kiribati                                      $wmw




                              Petition To Adopt Conditions
                             To Section 214 Authorization


      The United States Department of Justice (°DOJ") and the Federal Bureau of

Investigation   ("FBI")   respectfully submit this Petition to Adopt Conditions to

Authorization ("Petition") pursuant to 47 C.F.R. § 1.41.

       Through this Petition, the DOJ and the FBI hereby advise the Federal

Communications Commission ("FCC" or "Commission") that the DOJ and the FBI have

no objection to FCC grant of the above—referenced application for authority to provide

international common carrier services under Section 214 of the Communications Act,

as amended, provided that the Commission conditions the grant on compliance with

the terms of the Agreement (attached hereto as Exhibit 1) between Reach Ltd.

(*Reach"), Telstra Corporation Limited ("Telstra") and Pacific Century CyberWorks

Limited {"PCCW"), on the one hand, and the DOJ and the FBI, on the other.


       Reach, the applicant in this docket,! is a Bermuda corporation that is indirectly

owned: 50% by Telstra, an Australian corporation, itself 50.1% owned by the Federal

Government of Australia; and 50% by PCCW, a Hong Kong Corporation in which the

largest investors are companies owned or controlled by Richard Li, a Hong Kong

citizen.

       As the Commission is aware, the DOJ and the FBI have previously noted that

their ability to satisfy their obligations to protect the national security, to enforce the

laws and preserve the safety of the pubic can be significantly impacted by transactions

in which foreign entities will offer communication service in the United States.            In

such cases, the DOJ and the FBI have stated that foreign involvement in the provision

of U.S. communications must not be permitted to impair the U.S. government‘s ability

to satisfy its obligations to U.S. citizens to: (1) carry out lawfully authorized electronic

surveillance of domestic U.S. calls or calls that originate or terminate in the United

States; (2) prevent and detect foreign—based espionage and electronic surveillance of

U.S. communications, which would jeopardize the security and privacy of such

communications and could foreclose prosecution of individuals involved in such

activities;     and (3) satisfy the National Emergency Preparedness Act and U.S.

infrastructure protection requirements. To address these concerns, the DOJ and the

FBI    have      negotiated   agreements   to   ensure   their   ability   to   fulfill   their

responsibilities to protect the national security, to enforce the laws and

preserve the public safety in the event that the proposed underlying mergers,

 transactions and ventures were successfully concluded. The agreements reached

 in the past have been filed by stipulation among the parties with the Commission, and


           The applicant «
 name to Reach Ltd. See
 Secretan


                                                3


the Commission has conditioned its grants of approval on compliance with the terms

of the agreements.2

       The application at issue here was originally filed on December 28, 2000, and

was accepted for filing by the FCC on a non-strcamlined basis on January 26, 2001.3

Subsequently, the DOJ and the FBI requested that the Commission defer the grant of

the application pending the resolution by Reach, Telstra, PCCW, the DOJ and the FBI

of those aspects of the application that could give rise to national security, law

enforcement and public safety concerns.            When this request was made, the parties

were engaged in negotiations to reach an agreement that would ensure that national

security, law enforcement and public safety concerns were adequately addressed.

       The DOJ and the FBI have now entered into an Agreement with Reach, Telstra

and PCCW.       The Agreement is intended to ensure that the DOJ, the FBI and other

entities with responsibility for enforcing the law, protecting the national security and

preserving public safety can proceed in a legal, secure and confidential manner to

satisfy these responsibilities.      Accordingly, the DOJ and the FBI hereby advise the

Commission that the DOJ and the FBI have no objection to the FCC granting the

above—referenced Section 214 application of Reach, provided that the Commission

conditions its grant on compliance with the terms of the afore—described Agreement.




 2       See, e.g., Memorandum Opinion and Order, Merger of MCI Communications Corp. and British
 Telecommunications, pic, 12 FCC Red 15,351 (1997) (agreement adopted by the Commission, but the
 merger did not take place) Memorandum Opinion and Order, AirTouch Communications, Inc. and
 Vodafone Group, ple, DA No. 99—1200, 1999 WL 413237 (rel. June 22, 1999); Memorandum Opinion and
 Order, AT&T Corp., British Telecommunications, plc, VLT Co. LLC., Vielet License Co., LLC and TNV
 [Bahamas}, 14 FCC Red (Oct. 29, 1999); Memorandum Opinion and Order, Vodafone AirTouch PLC and
 Beil Atlantic Corp., DA No. 99—2415, 2000 WL 332670 ({rel. Mar. 30, 2000}; Memorandum Opinion and
 Order, Aerial Communications, Inc. and VoiceStream Wireless Holding Corp., 15 FCC Red 10,089 {2000};
     orandum Opinien and Order       GiPH PCS, Inc. and Eliska Wireless Ventures License Subsidiary 1,
                                    2000); Memorandum Opinion and Order, VoiceStream Wireless
                                1. and Deutsche Telekom AG, IB Docket No.00—187, 2001 WL 431689

                                                       , rel. January 26, 2001.
                                                  to


      In addition, the DOJ and the FBI also would have no objection if the FCC chose

to grant the Reach Section 214 application by issuing a Public Notice rather than a

formal written opinion, provided said Notice clearly states that the authorization

granted to. Reach is conditioned upon compliance with the terms of the afore—described

Agreement.

      Finally, The DOJ and the FBI are authorized to state that Reach, Telstra and

PCCW do not object to the grant of this Petition.

Respectfully submitted,




    he4 204.                                             ATohee———
   m Maie
John G. Malcolm
                                                     U
                                                Larry R. Parkinson
Deputy Assistant Attorney General               General Counsel
Criminal Division                               Federal Bureau of Investigation
950 Pennsylvania Avenue, N.W.                   935 Pennsylvania Avenue, N.W.
Washington, D.C. 20530                          Washington, D.C. 20532
(202) 616—3928                                  (202) 324—6229

November     24 _, 2001
                                           4e



Document Created: 2019-04-06 20:47:37
Document Modified: 2019-04-06 20:47:37

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