Attachment Petition

Petition

PETITION submitted by DHS

Petition to Adopt Conditions and Agreement

2007-12-14

This document pretains to SCL-T/C-20070801-00014 for Transfer of Control on a Submarine Cable Landing filing.

IBFS_SCLTC2007080100014_610778

* Before the FEDERAL COMMUNICATIONS COMMISSION F’LED/ACCEPTED Washington, D.C. 20554 DEC 1 4 2097 Federal Communicati In the Matter of hce Ol;"i;fgg‘;'gef;‘gffl;mlsslon nslz n n nz nz sys BCE Nexxia Corporation, Bell Aliant Regional Communications, File Nos. Limited Partnership, and ITC—T/C—20070801—00314, Marine Cable Corporation, Transferors ITC—T/C—20070801—00315, and SCL—T/C—20070801—00014. 6796508 Canada Inc., Transferee Transfer of Control of BCE Nexxia Voice Services Corporation PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Justice ("DOJ"), including the Federal Bureau of Investigation ("FBI"), and Department of Homeland Security ("DHS") (collectively, the "Agencies"), submit this Petition to Adopt Conditions to Authorizations and Licenses ("Petition"), pursuant to Section 1.41 of the Federal Communications Commission ("Commission") tules.‘ Through this Petition, the Agencies advise the Commuission that they have no objection to the Commission approving the transfers sought in the above—referenced proceedings, provided that the Commission conditions its approval on the agreement of BCE Nexxia Corporation, BCE Nexxia Voice Services Corporation, Bell Aliant Regional Communications, Limited Partnership, Marine Cable Corporation, and 6796508 Canada Inc. (collectively, "the Companies") to abide by the commitments and undertakings set forth in the December 7, 2007 letter (the "Letter") from the Companies to the Agencies, which is attached hereto. 1 47 CFR. § 1.41.

In the above—referenced proceedings, the Companies have petitioned the Commission for approval to transfer control of BCE Nexxia Voice Services Corporation and Bell Aliant Regional Communications, Limited Partnership, holders of authorizations under Section 214 of the Communications Act of 1934, as amended, and Marine Cable Corporation, holder of authorization under the Submarine Cable Landing License Act, from BCE Inc. to 6796508 Canada Inc. The Commission has long recognized that law enforcement, nationalsecurity, 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, ete., 16 FCC Red. 21,661, 21707 «[ 94 (2001). After discussions with representatives of the Companies in connection with the transfer request, the Agencies have concluded that the additional commitments set forth in the Letter will help ensure that the Agencies and other entities with responsibility for enforcing the law, protecting the national security, and preserving public safety can proceed appropriately to satisfy those responsibilities. Accordingly, the Agencies advise the Commission that they have no . objection on those grounds to the Commission granting the above—referenced requests for transfer of control, provided that the Commission conditions its consent on compliance by the Companies with the commitments set forth in the Letter.

The Agencies are authorized to state that the Companies do not object to the grant of this Petition. Respectfully submitted, /s/ Charles M. Steele /s/ Stewart A. Baker Charles M. Steele Stewart A. Baker Chief of Staff Assistant Secretary for Policy National Security Division U.S. Department of Homeland Security United States Department of Justice 3801 Nebraska Avenue, N.W. 950 Pennsylvania Avenue, N.W. Washington, DC 20528 Washington, DC 20530 (202) 514—1057 /s/ Elaine N. Lamnmert Elaine N. Lammert Deputy General Counsel Federal Bureau of Investigation 923 Pennsylvania Avenue, N.W. Washington, DC 20532 (202) 324—1530 December 14, 2007

Deécember 7. 2007 CE I”), and tothe U inorderito:adciress natwnal secunty,law Federal—Communications Commission: "FCC") for consentto three:separatetransactions. Ac{:ordmg to:the responseto Tearh Tcleccm s Avgust 14 2007questions,—Holdoois a.Canndian corporation formed and.owned by three ivestors—Teachers Privaté;Capifal, a‘division of «Onitario Teachers* Pengion Plan Bodrd; and two private equity funds‘managed. byProvidence:Equity ‘Particts Inc.and Madison:Deatborn—Partners, LLC—forthe: purpose{6fthe transaction at issile.


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desterstete ic The Companies understand that, upon execution ofthis letter by authorized representatives or attorneys for the Companies, the DOJ, FBI and DHS shall promptly notify the FCC that the DOJ, FBI and DHS have no objection to the FCC‘s grant of the above—referenced applications. Sincerely, 6796508 Canada Inc. Date: December 12, 2007 By: Printed Name: Dean Metcalf Title: Authorized Signatory BCE Nexxia Corporation Date: December __, 2007 By: Printed Name: Title: BCE Nexxia Voice Services Corporation Date: December 2007 By: Printed Name: Title:

The Companies understand that, upon execution of this letter by authorized representatives or attorneys for the Companies, the DOJ, FBI and DHS shall promptly notify the FCC that the DOJ, FBI and DHS have no objection to the FCC‘s grant of the above—referenced applications. Sincerely, 6796508 Canada Inc. Date: December _ 2007 By: Printed Name: Title: BCE Nexxia Corporation Date: December 7_”: 2007 ny: L¥lyf uC Printed Name: W i1 4B C Title: Vilf Pressoomnti qluaarMynigyrols BCE Nexxia Voice Services Corporation Date: December fl 2007 By::?%&%éé(— Printed Name: mi¥io &1%rt Title yife Prigsipemnt Roluidreaymsries Marine Cable Corporation Date: December 7_7? 2007 sn . 0217737000009 — 2es7eat vi

Date: Decenmiber__, 2007 ee€—eAsrvele 2 MssAhhrg:

h Date: Deoember_?_, 2007 By: Prinied Name: A{(/¥ Title: Viteé PagsidenT, REGUEATAU adr7EM) Bell Alfant Regional Communications, Limited Partnership, by its General Partner, Bell Aliant Regional Communications Inc. Date: December __, 2007 By: Printed Name: Title: aane «omm cneo teauete d


Document Created: 2007-12-14 17:30:15
Document Modified: 2007-12-14 17:30:15
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