Attachment Vodafone Petition to

Vodafone Petition to

SUPPLEMENT

Supplement

2012-09-28

This document pretains to SCL-T/C-20120613-00007 for Transfer of Control on a Submarine Cable Landing filing.

IBFS_SCLTC2012061300007_970164

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) CABLE & WIRELESS AMERICAS ) SYSTEMS, INC. ) File No. SCL-T/C-20120613-00007 ) Application for Consent to Transfer of ) Control of Cable Landing License from ) Cable and Wireless Worldwide plc to ) Vodafone Europe B.V. ) ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Homeland Security (“DHS”), on behalf of itself and the Department of Defense (“DOD”) (“the Agencies”), submit 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, the Agencies advise the Commission that they have no objection to the Commission approving the authority sought in the above-referenced proceeding, provided that the Commission conditions its approval on the assurance of Vodafone Europe B.V. (“Vodafone”) to abide by the commitments and undertakings set forth in the September 7, 2012 Letter of Assurances (“LOA”), which is attached hereto. In the above-referenced proceeding, Cable & Wireless Americas Systems, Inc. filed for consent to the transfer of the control of cable landing license for the Apollo Cable system, SCL- LIC-20010122-00002, from Cable & Wireless Worldwide plc to Vodafone. 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 representatives of Vodafone in connection with the above- referenced proceeding, the Agencies have concluded that the additional commitments set forth in the LOA will help ensure that the Agencies 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 to the Commission granting the application in the above-referenced proceeding, provided that the Commission conditions its consent on compliance by Vodafone with the LOA. Respectfully submitted, /S/ Shawn Cooley Shawn Cooley U.S. Department of Homeland Security Director – Foreign Investment Review Security Team Office of Policy 3801 Nebraska Avenue Washington, D.C. 20016 September 28, 2012 2


Document Created: 2012-10-03 11:40:33
Document Modified: 2012-10-03 11:40:33
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