ATH LOC to DOJ only.

PETITION submitted by U.S. Department of Justice

Attach B., 2018 Letter of Comms.

2018-11-13

This document pretains to SCL-T/C-20161220-00026 for Transfer of Control on a Submarine Cable Landing filing.

IBFS_SCLTC2016122000026_1572175

Grisp e Compuntes 12 November 2018 Assistant Attorney General for National Security U.S. Department of Justice National Security Division 950 Pennsylvania Avenue, NW Washington, DC 20530 TTelecom@usdoj.gov To whomthis concerns: This letter of commitments ("LOC") made to the U.S. Department of Justice ("DOJ") by Amalgamated Telecom Holdings Limited ("ATH") in order to address national security, law enforcement, and public safety concerns raised with regard to applications filed by Amper S.A. ("Amper") and ATH with the Federal Communications Commission ("FCC") requesting authority to transfer control of certain licences and authorizations from Amper to ATH.‘ This LOC is separate from, and in addition to commitments set forth in a 12 November 2018 Letter of Assurance ("LOA") provided by ATH to the Department of Homeland Security and DOJ with regard to the aforementioned applications. In addition to the commitments already made to DHS and DOJ in the LOA,2 ATH further commits to DOIJ to abide by the following: L. Managed Network Service Providers Within thirty (30) business days of the execution of this LOC, ATH shall provide DOJ with a list of any Managed Network Service Provider ("MNSP") and identifying the type ofservice offerings or support provided. DOJ shall approve or disapprove the MNSP List within thirty (30) business days of receipt. Failure by DOJ to respond within the required timeframe shall be deemed to constitute a non—objection to use of the providers included on the MNSP List. ATH shall provide at least thirty (30) business days advance notice to DOJ prior to making any modifications to the MNSP List. In addition, ATH shall provide at least thirty (30) business days‘ advance notice prior to changing the service offerings or support from a previously—listed provider (i.e., where a previously—listed provider will be offering support in a previously unidentified way). DOJ shall approve or disapprove any modification or change proposed pursuant to this paragraph ‘ Federal Communications Commission ("FCC") File No. SCL—T/C—20161220—00026, Application for Consent to Transfer Control ofthe Cable Landing License for the American Samoa—Hawaii Cable System; FCC File No. ITC—T/C—20161220—00377 (Joint Application to Transfer Control of Domestic and International Section 214 Authorizations); and Universal Licensing System File No. 0007584554 (AST Telecom, LLC d/b/a Bluesky). * This Addendum incorporates and adopts the LOA‘s content and definitions in full. * "Managed Network Service Provider" means any third party that performs services to ATH in support of the Bluesky System‘s network operation, provision of services, management, production network, Domestic Communications, or DCI including, but not limited to, customer support, Operations Support Systems or Business Support Systems, maintenance, network operations center, network optimizers, information technology, cloud operations, and data center operations. Level 2, Harbour Front Building, Rodwell Road, G P O Box 11643, Suva, Fiji Islands, Phone: (679) 330 8700 Fax: (679) 330 8044 TELECOM FIJI LIMITED e VODAFONE FIJILIMITED «_ FIJI DIRECTORIES LIMITED + FINTEL Communications have never been in better hands

within thirty (30) business days of receipt. Failure by DOJ to respond within the required timeframe shall be deemed to constitute a non—objection to proposed modification or change. II. Annual Report On or before each anniversary ofthe date ofexecution of this LOC, ATH will submit to DOJ a report assessing ATH‘s compliance with the terms ofthis LOC forthe preceding year. The report shall include updated MNSP Lists containing all information described in paragraph I., above, and identifying any material modifications during the reporting period. This LOC shall inure to the benefit of, and shall be binding upon, ATH and its successors, assigns, subsidiaries, andaffiliates. ATH agrees that, in the event the commitments set forth in this LOC are breached, in addition to any other remedy available at law or equity, DOJ may request that the FCC modify, condition, revoke, cancel, terminate, or render null and void any relevant licence, permit, or other authorization granted by the FCC to ATH or any successors—in—interest. If, after this LOC takes effect, DOJ or ATH believe that changed circumstances warrant a modification or termination of this LOC (including if DOJ determines that the terms of this LOC are inadequate or no longer necessary to address national security, law enforcement, or public safety concerns), DOJ shall negotiate in good faith with DOJ to modify this LOC. Rejection of a proposed modification alone shall not constitute evidence of a failure to negotiate in good faith. Nothing in this LOC is intended to excuse ATH fromits obligations to comply with any and all applicable legal requirements and obligations, including any and all applicable statutes, regulations, requirements, or orders. ATH understands that, promptly upon execution ofthis LOC by an authorized representative or attorney for ATH, DOJ shall notify the FCC that it has no objection to the FCC‘s grant of the pending applications. For and on behalf of Amalgamated Telecom Holdings Limited // //(1/1“//" C Ivan Fong / Chief Executive Officer and Company Secretary Amalgamated Telecom Holdings Limited Level 2, Harbour Front Building, Rodwell Rd. G.P.0. Box 11643 Suva, Fiji Islands 679—330—8700 ivan.a. fong@gmail.com


Document Created: 2018-11-13 11:55:51
Document Modified: 2018-11-13 11:55:51
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