Petition to Adopt Conditions to Authorizations and PETITION by DOJ and DHS SES-AMD-20071221-01750 MVS Fed Petition to

MVS Fed Petition to

PETITION submitted by DOJ and DHS

Petition to Adopt Conditions to Authorizations and

2009-01-09

This document pretains to SES-AMD-20071221-01750 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2007122101750_687944

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
MVS FED, LLC ) File Nos. SES‐LFS‐20051123‐01634
) SES‐AMD‐20071221‐01750
Section 310(d) Application for Blanket )
Authority to Operate Mobile Earth )
Station Terminals in Conjunction with )
Inmarsat’s Broadband Global Area )
Network Service Satellites )

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 Authorization and License (“Petition”),

pursuant to Section 1.41 of the Federal Communications Commission’s (“Commission”)

rules.1 Through this Petition, the Agencies advise the Commission that they have no

objection to the Commission granting the above‐referenced application, provided that

the Commission conditions its grant on the agreement of MVS Fed, LLC and its direct

owners (collectively, “MVS Fed”) to abide by the commitments and undertakings set

forth in the Network Security Agreement dated September 24, 2008 (“Agreement”), a

copy of which is attached hereto as Exhibit A. A proposed condition is attached as

1 47 C.F.R. § 1.41.

Exhibit A to the Agreement.

In the above‐captioned matter, MVS Fed seeks Commission approval of an

application for authorization and license under Section 310(d) of the Communications

Act of 1934, as amended (“Act”). As the Commission is aware, the Agencies have taken

the position that their ability to satisfy their obligations to protect the national security,

enforce the laws, and preserve the safety of the public could be impaired to the extent

that foreign entities own or operate a part of the U.S. telecommunications system, or

foreign‐located facilities are used to provide domestic telecommunications services to

U.S. customers. The Commission has long recognized that national security, law

enforcement, and public safety issues and concerns are part of its public interest

analysis in matters such as this,2 and has accorded deference to the views of other U.S.

government agencies with expertise in those areas.3 After discussions with

representatives of MVS Fed in connection with the above‐referenced applications, the

Agencies have concluded that the commitments set forth in the Agreement will help to

ensure that the Agencies and other entities with responsibility for enforcing the law,

2 See Rules and Policies on Foreign Participation in the U.S. Telecommunications Market,
Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23919‐21 ¶¶ 61‐66
(1997) (“Foreign Participation Order”); see also Amendment of the Commissionʹs Regulatory
Policies to Allow Non‐U.S. Licensed Space Stations to Provide Domestic and International
Satellite Service in the United States, Report and Order, 12 FCC Rcd 24094, 24100 ¶ 15
(1997) (ʺDISCO IIʺ).
3 See Foreign Participation Order at 23919‐20 ¶ 62‐63; see also DISCO II at 24179‐80
¶¶ 179‐80.

2

protecting the national security, and preserving public safety can proceed appropriately

to satisfy those responsibilities. Accordingly, the Agencies hereby advise the

Commission that they have no objection to the Commission granting the above‐

referenced applications for authorization provided that the Commission conditions its

grant of such authorizations on compliance by MVS Fed with the commitments set forth

in the Agreement.

The Agencies are authorized to state that the applicants do not object to the grant

of this Petition.

Respectfully submitted,

/s/ Richard C. Sofield /s/ Stewart A. Baker _
Richard C. Sofield Stewart A. Baker
Director Assistant Secretary for Policy
Foreign Investment Review Staff U.S. Department of Homeland Security
National Security Division 3801 Nebraska Avenue, N.W.
United States Department of Justice Washington, DC 20528
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

December, 2008

3

EXHIBIT A

AGREEMENT

This AGREEMENT (“Agreement”) is made as of the Effective Date by and between MVS
Fed, LLC dba USSecurenet (“MVS Fed”), a limited liability company organized under the laws of the
State of Delaware, and all of its Affiliates and subsidiaries, on the one hand, and the U.S. Department
of Justice (“DOJ”) and the U.S. Department of Homeland Security (“DHS”), on the other hand
(DOJ and DHS are referred to collectively as “the Government Parties,” and all of the Parties to
this Agreement are referred to collectively as the “Parties”).

RECITALS

WHEREAS, U.S. communications systems are essential to the ability of the U.S. government
to fulfill its responsibilities to the public to preserve the national security of the United States, to
enforce the laws, and to maintain the safety of the public;

WHEREAS, the U.S. government has an obligation to the public to ensure that U.S.
communications and related information are secure in order to preserve the national security of the
United States, protect the privacy of U.S. persons and to enforce the laws of the United States;

WHEREAS, it is critical to the well being of the nation and its citizens to maintain the
viability, integrity, and security of the communication systems of the United States (see, e.g.,
Executive Order 13231, Critical Infrastructure Protection in the Information Age, Presidential
Decision Directive 63, Critical Infrastructure Protection, and Presidential Homeland Security
Directive / HSPD-7, Critical Infrastructure Identification, Prioritization, and Protection);

WHEREAS, protection of Classified and Sensitive Information is also critical to U.S. national
security;

WHEREAS, the shares of MVS Fed, a limited liability company organized under the laws
of the State of Delaware, are fifty-one percent (51%) held by DEBCOM, Inc., a corporation
formed under the laws of California, and forty-nine percent (49%) by MVS Group Ltd., a
Cyprus-based holding company;

WHEREAS, MVS Fed has filed an application with the Federal Communications
Commission (“FCC” or “Commission”) seeking blanket authority to operate up to 40,000 Mobile
Earth Terminals in conjunction with Inmarsat’s Broadband Global Area Network (“BGAN”)
Service satellite (Inmarsat 4F2 satellite) licensed by the United Kingdom and located at the 52.75
W.L. orbital location (See File No. SES-LFS-20051123-01634, as amended,
SES-AMD-20071221-01750).

WHEREAS, MVS Fed has been granted special temporary authority by the FCC to engage in
the distribution of BGAN Service over Inmarsat fourth generation satellites, and is seeking a
permanent authorization from the FCC to distribute such service;

WHEREAS, BGAN Service is a communications service that enables users to send and
receive data, voice, or other communications to and from mobile terminals from anywhere within
the United States, and elsewhere;

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WHEREAS, Domestic Communications sent and received via BGAN Service are, as of the
date of this agreement, routed by Inmarsat’s network from mobile terminals within the United
States to Inmarsat satellites, and through Inmarsat earth stations currently located outside of the
United States, but are expected in the future to be routed through Inmarsat earth stations located in
the United States;

WHEREAS, it is critical to the law enforcement, national security, and public safety
interests of the United States government that such Domestic Communications, and any related
Call Associated Data, Transactional Data, or Subscriber Information are made available pursuant
to Lawful U.S. process, including but not limited to the context of a real-time lawfully authorized
Electronic Surveillance, within the United States in a timely, secure, and reliable manner;

WHEREAS, the cooperation and assistance of MVS Fed is necessary to ensure the
above-mentioned critical interests, and to facilitate lawful access within the United States to
certain records and information;

NOW THEREFORE, the Parties are entering into this Agreement to address U.S. national
security, law enforcement, and public safety concerns with respect to MVS Fed’s distribution of
BGAN Service in the United States.

ARTICLE 1: DEFINITION OF TERMS

As used in this Agreement:

1.1 “Affiliate” means any entity that MVS Fed owns or Controls.

1.1.A. “BGAN Service” means Broadband Global Area Network Service (or any successor service)
that provides voice and broadband data service, accessed by MESs communicating with Inmarsat-4
satellites, or successor satellites, which are communicating with Inmarsat land earth stations linked to
terrestrial networks.

1.2 “Call-Associated Data” or “CAD” means any information relating to a communication or
relating to the sender or recipient of that communication and includes, without limitation, subscriber
identification, called party number, calling party number, start time, end time, call duration, feature
invocation and deactivation, feature interaction, registration information, user location, diverted to
number, conference party numbers, post cut-through dual-tone multifrequency (dialed digit
extraction), in-band and out-of-band signaling, party add, drop and hold, and any other
call-identifying information, as defined in 47 U.S.C. § 1001(2).

1.3 “Classified Information” shall have the meaning indicated in Executive Order 12958, as
amended by Executive Order 13292, or any successor executive order, or the Atomic Energy Act
of 1954, or any statute that succeeds or amends the Atomic Energy Act of 1954.

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1.4 “Control” and “Controls” mean the power, direct or indirect, whether or not exercised, and
whether or not exercised or exercisable through the ownership of a majority or a dominant minority
of the total outstanding voting securities of an entity, or by proxy voting, contractual arrangements, or
other means, to determine, direct, or decide matters affecting an entity or facility; in particular, but
without limitation, to determine, direct, take, reach or cause decisions regarding:

(a) the sale, lease, mortgage, pledge, or other transfer of any or all of the principal assets
of the entity, whether or not in the ordinary course of business;

(b) the dissolution of the entity;

(c) the closing and/or relocation of the production or research and development facilities
of the entity;

(d) the termination or non-fulfillment of contracts of the entity;

(e) the amendment of the articles of incorporation or constituent agreement of the entity
with respect to the matters described in Section 1.4(a) through (d); or

(f) MVS Fed’s obligations under this Agreement.

1.4.A. “Customer Proprietary Network Information” or “CPNI” is defined in 47 U.S.C. § 222(h)(1).

1.5 “De facto” and “de jure” control have the meanings provided in 47 C.F.R. § 1.2110.

1.6 “DHS” means the U.S. Department of Homeland Security.

1.7 “DOJ” means the U.S. Department of Justice.

1.8 “Domestic Communications” means (a) Wire Communications or Electronic
Communications (whether stored or not) originating at one U.S. location and terminating at another
U.S. location, and (b) the U.S. portion of a Wire Communication or Electronic Communication
(whether stored or not) that originates from or terminates at a U.S. Licensed MES.

1.9 “Domestic Communications Infrastructure” means (a) transmission, switching, bridging and
routing equipment (including software and upgrades) used by or on behalf of MVS Fed to provide,
process, direct, control, supervise or manage Domestic Communications; (b) facilities and
equipment used by or on behalf of MVS Fed that are physically located in the United States; and
(c) facilities used by or on behalf of MVS Fed 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 MVS Fed or its Affiliates that are:

(1) interconnecting communications providers; or

(2) providers of services or content that are

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Communications, Call Associated Data, Transactional Data, or Subscriber Information.

1.19 “MES” means a mobile earth station, a mobile earth terminal or “MET” (i.e., a hand-held,
portable, or other mobile terminal capable of receiving and/or transmitting Wire Communications or
Electronic Communications by satellite) and includes a mobile earth terminal capable of receiving
and/or transmitting BGAN Service.

1.20 “Non U.S.-Licensed MES” means an MVS Fed MES other than a U.S.-Licensed MES.

1.21 “Outsourcing Contract” means a contract between MVS Fed and an individual or entity to
perform functions covered by this Agreement and related to Domestic Communications which are
normally performed by employees of companies in the business of providing those
communications services that MVS Fed provides. Outsourcing Contract also includes any
contract to perform a specific activity that is required to be performed by MVS Fed under the
express terms of this Agreement.

1.22 “Party” or “Parties” have the meanings given them in the Preamble.

1.23 “Pro forma assignments” or “pro forma transfers of control” are transfers or assignments that
do not involve a substantial change in ownership or control as provided by Section 63.24 of the FCC’s
Rules (47 C.F.R. § 63.24).

1. 24 “Sensitive Information” means information that is not Classified Information regarding (a)
the persons or facilities that are the subjects of Lawful U.S. Process, (b) the identity of the
government agency or agencies serving such Lawful U.S. Process, (c) the location or identity of
the line, circuit, transmission path, or other facilities or equipment used to conduct Electronic
Surveillance pursuant to Lawful U.S. Process, (d) the means of carrying out Electronic
Surveillance pursuant to Lawful U.S. Process, or (e) the type(s) of service, telephone number(s),
records, communications, or facilities subjected to Lawful U.S. Process; as well as all other
information that is not Classified Information but is designated in writing by an authorized official
of a federal, state or local law enforcement agency or a U.S. intelligence agency as “Sensitive
Information” of some type recognized by the agency involved. The designation “Sensitive” as
used in this paragraph may refer to information marked or labeled “Official Use Only,” “Limited
Official Use Only,” “Law Enforcement Sensitive,” “Sensitive Security Information,” “Sensitive
but Unclassified,” “Controlled Unclassified Information” or other similar designations, and all
such information shall be deemed “Sensitive Information” for purposes of this Agreement.

1.25 “Subscriber Information” means information relating to subscribers or customers of MVS Fed
of the type referred to and accessible subject to procedures specified in 18 U.S.C. § 2703(c) or (d) or
18 U.S.C. § 2709. Such information shall also be considered Subscriber Information when it is sought
pursuant to the provisions of other Lawful U.S. Process.

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1.26 “Transactional Data” means:

(a) “call identifying information,” as defined in 47 U.S.C. § 1001(2), including without
limitation the telephone number or similar identifying designator associated with a
Domestic Communication;

(b) any information possessed by MVS Fed, or an entity acting on behalf of MVS Fed,
relating specifically to the identity and physical address of a customer or
subscriber, or account payer, or the end-user of such customer or subscriber, or
account payer, or associated with such person relating to all telephone numbers,
domain names, Internet Protocol (“IP”) addresses, Uniform Resource Locators
(“URLs”), other identifying designators, types of services, length of service, fees,
usage including billing records and connection logs, and the physical location of
equipment, if known and if different from the location information provided under
(d) below;

(c) the time, date, size, or volume of data transfers, duration, domain names, Media
Access Control (“MAC”) or IP addresses (including source and destination),
URL’s, port numbers, packet sizes, protocols or services, special purpose flags, or
other header information or identifying designators or characteristics associated
with any Domestic Communication, including electronic mail headers showing
From: and To: addresses; and

(d) as to any mode of transmission (including mobile transmissions), and to the extent
permitted by U.S. laws, any information indicating as closely as possible the
physical location to or from which a Domestic Communication is transmitted.

The term includes all records or other information of the type referred to and accessible subject to
procedures specified in 18 U.S.C. § 2703(c) and (d) but does not include the content of any
communication. The phrase “on behalf of” as used in this Section does not include entities with
which MVS Fed has contracted for peering, interconnection, roaming, long distance, or
distribution of BGAN Service.

1.27 “United States,” “US” or “U.S.” means the United States of America, including all of its
States, districts, territories, possessions, commonwealths, and the special maritime and territorial
jurisdiction of the United States.

1.28 “U.S. LES” means a land earth station facility, located in any state of the United States, that is
involved with the transmission of satellite communications and meets all other applicable
requirements of this Agreement.

1.29 “U.S.-Licensed MES” means an MES licensed by the FCC to MVS Fed and utilizing the
Inmarsat network, including to provide BGAN Service.

1.30 “U.S. POP” or “POP” means a point of presence located in the United States through which
communications are routed for purpose of switching and at which Electronic Surveillance can be
conducted, and meeting all other applicable requirements of this Agreement.

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1.31 “Wire Communication” has the meaning given it in 18 U.S.C. § 2510(1).

1.32 “MVS Fed” means MVS Fed, LLC, a corporation organized under the laws of the State of
Delaware, and all of its Affiliates and subsidiaries.

1.33 Other Definitional Provisions. Other capitalized terms used in this Agreement and not defined
in this Article 1 shall have the meanings assigned them elsewhere in this Agreement. The definitions
in this Agreement are applicable to the singular as well as the plural forms of such terms and to the
masculine as well as to the feminine and neuter genders of such terms. Whenever the words
“include,” “includes,” “including,” or “such as” are used in this Agreement, they shall be deemed to
be followed by the words “without limitation.”

ARTICLE 2: INFORMATION STORAGE AND ACCESS

2.1 Implementation Plan. Certain of the rights and obligations of the Parties are set forth in further
detail in an Implementation Plan dated ________________________, 2008, which is executed by all
of the Parties and is hereby expressly incorporated in, and constitutes an integral part of, this
Agreement. Wherever the term “Agreement” appears herein, it shall also be deemed to refer to and
include the Implementation Plan. This Agreement is expressly conditioned upon compliance by
MVS Fed and Inmarsat with the terms of the Implementation Plan, including but not limited to
compliance with any of the underlying obligations or arrangements of Inmarsat related to MVS Fed’s
distribution of BGAN Service. MVS Fed expressly agrees that if it acquires any information
regarding any non-compliance by Inmarsat with such underlying obligations, it shall immediately
notify the Government Parties and take such steps as are mutually agreed by MVS Fed and the
Government Parties to be necessary to ensure the needs of U.S. national security and law
enforcement.

2.2 Point of Presence. Except to the extent and under conditions concurred in by the Government
Parties in writing, MVS Fed shall ensure in accordance with the Implementation Plan that Domestic
Communications transmitted to or from a U.S. Licensed MES, and Call Associated Data,
Transactional Data and Subscriber Information related to Domestic Communications, are transmitted
to or through a U.S. POP or a U.S. LES, at which Electronic Surveillance can be conducted pursuant
to Lawful U.S. Process. MVS Fed will provide technical or other assistance as needed to facilitate
such Electronic Surveillance, including securing Inmarsat’s cooperation and assistance in routing
Domestic Communications, and Call Associated Data, Transactional Data and Subscriber
Information related to Domestic Communications to or through a U.S. POP or a U.S. LES, at which
Electronic Surveillance can be conducted pursuant to Lawful U.S. Process. In accordance with the
Implementation Plan, MVS Fed will further provide such assistance with respect to any Non-U.S.
Licensed MES located within the United States.

2.3 Compliance with Lawful U.S. Process. MVS Fed employees or agents in the United States
shall have unconstrained authority to comply, in an effective, efficient, and unimpeded fashion, with
Lawful U.S. Process. Such employees will further have such authority with regard to the following,
as applicable:

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(a) the orders of the President in the exercise of his/her authority under § 706 of the
Communications Act of 1934, as amended, (47 U.S.C. § 606), and under § 302(e)
of the Aviation Act of 1958 (49 U.S.C. § 40107(b)) and Executive Order 11161 (as
amended by Executive Order 11382); and

(b) National Security and Emergency Preparedness rules, regulations and orders issued
pursuant to the Communications Act of 1934, as amended (47 U.S.C. § 151 et seq.).

2.4 Information Storage and Access. MVS Fed shall make the following data and
communications, if stored by or on behalf of MVS Fed for any reason, available in the United States:

(a) Domestic Communications;

(b) any Wire Communications or Electronic Communications received by, intended to be
received by, or stored in the account associated with a U.S. Licensed MES, or transmitted
through a U.S. LES, or routed through a U.S. POP to or from a customer or subscriber of
MVS Fed;

(c) Transactional Data and Call Associated Data relating to Domestic Communications;

(d) Subscriber Information concerning the customers and subscribers of services using
U.S. Licensed MESs, or who are known to be domiciled or holding themselves out as being
domiciled in the United States, as well as Subscriber Information related to any Domestic
Communication transmitted through a U.S. LES or routed through a U.S. POP; and

(e) Billing records relating to customers and subscribers of services using U.S. Licensed
MESs, or customers and subscribers who are known to be domiciled or are holding
themselves out as being domiciled in the United States, as well as billing records related to any
Domestic Communication transmitted through a U.S. LES or routed through a U.S. POP, for
so long as such records are kept.

The phrase “on behalf of” as used in this Section does not include entities with which MVS Fed
has contracted for peering, interconnection, roaming, long distance, or distribution of BGAN
Service.

2.5 Restriction on Storage Outside the U.S. MVS Fed shall ensure that the data and
communications described in Section 2.4 of this Agreement are not stored outside of the United States
unless:

(a) such storage is based strictly on bona fide commercial reasons weighing against
storage in the United States; and

(b) the required notice has been given to the Government Parties pursuant to Section 5.9
of this Agreement.

2.6 Avoidance of Mandatory Destruction. MVS Fed shall ensure that the data and

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communications described in Section 2.4 of this Agreement are stored in a manner not subject to
mandatory destruction under any foreign laws, if such data and communications are stored by or on
behalf of MVS Fed for any reason.

2.7 Billing Records. MVS Fed shall store for at least eighteen (18) months all billing records
generated or maintained by MVS Fed relating to customers and subscribers of services using U.S.
Licensed MESs, and shall make such records available in the United States.

2.8 Storage Pursuant to 18 U.S.C. § 2703(f). Upon a request made pursuant to 18 U.S.C. § 2703(f)
by a Governmental Authority within the United States to preserve any information in the possession,
custody, or control of MVS Fed, including any information that is listed in Section 2.4 above, MVS
Fed shall store such preserved records or other evidence in the United States.

2.9 Compliance with U.S. Law. Nothing in this Agreement shall excuse MVS Fed from its
obligation to comply with applicable U.S. legal requirements, including those requiring the retention,
preservation, or production of information, records, or data, those not to unlawfully intercept
telecommunications or unlawfully access stored telecommunications, Chapters 119 and 121 of Title
18, United States Code, and the requirements of the Communications Assistance for Law
Enforcement Act, 47 U.S.C. § 1001 et seq.

2.10 Customer Proprietary Network Information. With respect to Domestic Communications,
MVS Fed shall comply with all applicable FCC rules and regulations governing access to and storage
of Customer Proprietary Network Information (“CPNI”), as defined in 47 U.S.C. § 222(h)(1).

2.11 Storage of Protected Information. The storage of Classified and Sensitive Information by
MVS Fed or its contractors or agents shall be at an appropriately secure location in the United
States or other secure location within the offices of a U.S. military facility, a U.S. Embassy or
Consulate or other U.S. Government Authority.

ARTICLE 3: SECURITY

3.1 Measures to Prevent Improper Use or Access. MVS Fed shall take all practicable measures to
prevent the use of or access to MVS Fed’s equipment or facilities to conduct Electronic Surveillance
of Domestic Communications, or to obtain or disclose Domestic Communications, Classified
Information, or Sensitive Information, in violation of any U.S. federal, state, or local laws or the terms
of this Agreement. These measures shall include creating and complying with any policies and
procedures as required by 47 C.F.R. § 1.20003, as applicable, and other appropriate written technical,
organizational, and personnel-related policies and procedures, implementation plans, and physical
security measures.

3.2 Disclosure of, or Access to, Domestic Communications and Information by Foreign
Individuals, Entities, or Governments. MVS Fed shall not, directly or indirectly, disclose, permit
disclosure of, or provide access to Domestic Communications, or Call Associated Data,
Transactional Data, or Subscriber Information related to Domestic Communications to any
Foreign individual (other than MVS Fed employees with a need to know) or entity, or Foreign
Governmental Authority, or to any person in response to the legal process or request by a Foreign

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individual or entity, or Foreign Governmental Authority, without first satisfying all applicable U.S.
legal requirements, and obtaining the express written consent of the Government Parties or the
authorization of a court of competent jurisdiction in the United States, provided that MVS Fed
may respond to legal process issued by a Foreign Governmental Authority without obtaining such
consent or court authorization after determining that such response would not be prohibited by
applicable U.S. law, and making the notification to the Government Parties required herein. Any
such requests or submission of legal process shall be reported to the Government Parties no later
than five (5) business days after its is received by MVS Fed. MVS Fed shall take reasonable
measures to ensure that it will promptly learn of all such requests or submission of legal process.

3.3 Disclosure of, or Access to, Certain Other Information by Foreign Individuals, Entities, or
Governments. MVS Fed shall not, directly or indirectly, disclose or permit disclosure of, or
provide access to:

(a) Classified or Sensitive Information;

(b) Subscriber Information, Transactional Data, Call Associated Data, or a copy of
any Wire or Electronic Communications, intercepted or acquired pursuant to
Lawful U.S. Process; or

(c) the existence of Lawful U.S. Process that is not already a matter of public
record;

to any Foreign individual (other than MVS Fed employees who are authorized and have a need to
know) or entity, or Foreign Governmental Authority, or to any person in response to the legal
process or request by a Foreign individual or entity, or Foreign Governmental Authority, without
first satisfying all applicable U.S. legal requirements, and obtaining the express written consent of
the Government Parties or the authorization of a court of competent jurisdiction in the United
States. Any such requests or submission of legal process shall be reported to the Government
Parties no later than five (5) business days after its is received by MVS Fed. MVS Fed shall take
reasonable measures to ensure that it will promptly learn of all such requests or submission of legal
process.

3.4 Points of Contact. Within five (5) business days after the Effective Date, MVS Fed shall
designate points of contact within the United States with the authority and responsibility for accepting
and overseeing the carrying out of Lawful U.S. Process. The points of contact shall be assigned to an
MVS Fed office in the U.S., shall be available twenty-four (24) hours per day, seven (7) days per
week, and shall be responsible for accepting service and for maintaining the security of Sensitive and
Classified Information and any Lawful U.S. Process. MVS Fed shall immediately notify the
Government Parties in writing of the points of contact, and thereafter shall promptly notify the
Government Parties of any change in such designation. The points of contact shall be resident U.S.
citizens who are reasonably believed by MVS Fed to be eligible for appropriate U.S. security
clearances. MVS Fed shall cooperate with any request by a U.S. Governmental Authority that a
background check and/or security clearance process be completed for a designated point of contact.

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3.5 Security of Lawful U.S. Process, Classified and Sensitive Information. MVS Fed shall protect
the confidentiality and security of all Lawful U.S. Process, and any Classified and Sensitive
Information in accordance with U.S. Federal and state law or regulation. MVS Fed shall ensure that
knowledge of the existence of any Lawful U.S. Process served upon MVS Fed is limited to those
individuals who are authorized to know and whose assistance is strictly necessary to ensure
compliance. MVS Fed shall maintain a list of the names, dates and places of birth, and current
addresses of each such individual and the list shall include but not be limited to any technicians
assisting in the implementation of electronic surveillance. MVS Fed shall make the list available
upon request to any law enforcement agency or officer seeking compliance with Lawful U.S.
Process.

3.6 Information Security Plan. MVS Fed shall form and implement an Information Security Plan,
which shall include provisions for the following:

(a) Take appropriate measures to prevent unauthorized access to data or facilities that
might contain Classified or Sensitive Information;

(b) Assign U.S. citizens, who meet high standards of trustworthiness for maintaining the
confidentiality of Sensitive Information, to positions that handle or regularly deal with
information identifiable to such person as Sensitive Information;

(c) Upon request from the Government Parties, provide the name and any other
identifying information requested for each person who handles or regularly deals with
Sensitive Information;

(d) Require that personnel handling Classified Information, if any, shall have been
granted appropriate U.S. security clearances; and

(e) Provide that the points of contact described in Section 3.4 shall have sufficient
authority over any of MVS Fed’s employees who may handle Classified or Sensitive
Information to maintain the confidentiality and security of such information in
accordance with applicable U.S. legal authority and the terms of this Agreement;

3.7 Nondisclosure of Protected Data. MVS Fed shall not directly or indirectly disclose
information concerning Lawful U.S. Process, Classified Information, or Sensitive Information to
any third party, or officer, director, shareholder, employee, agent, or Contractor of MVS Fed,
including those who serve in a supervisory, managerial or officer role with respect to the
employees working with the information, unless disclosure has been approved by prior written
consent obtained from the Government Parties, or there is an official need for disclosure of the
information in order to fulfill an obligation consistent with the purpose for which the information
is collected or maintained and the disclosure has been approved by the entity that provided the
information to MVS Fed. Any such disclosure shall be in strict compliance with Section 3.5 of this
Agreement.

3.8 Written Notice of Obligations. By a written statement, MVS Fed shall instruct all appropriate
officials, employees, contractors, and agents of MVS Fed as to the obligations of this Agreement,

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including the individuals’ duty to report any violation of this Agreement and the reporting
requirements in Sections 5.2, 5.5, and 5.8 of this Agreement, and shall issue periodic reminders to
them of such obligations. The written statement shall set forth in a clear and prominent manner the
contact information for a senior manager to whom such information may be reported, and shall
also state that MVS Fed will not discriminate against, or otherwise take adverse action against,
anyone who reports such information to management or the United States government.

3.9 Access to Classified or Sensitive Information. Nothing contained in this Agreement shall
limit or affect the authority of a U.S. Government Authority to deny, limit, or revoke whatever access
MVS Fed might have to Classified or Sensitive Information under that Government Authority’s
jurisdiction.
ARTICLE 4: DISPUTES

4.1 Informal Resolution. The Parties shall use their best efforts to resolve any disagreements
that may arise under this Agreement. Disagreements shall be addressed, in the first instance, at the
staff level by the Parties’ designated representatives. Any disagreement that has not been resolved
at that level shall be submitted promptly to higher authorized officials, unless any of the
Government Parties believes that important national interests can be protected, or MVS Fed
believes that its paramount commercial interests can be resolved, only by resorting to the measures
set forth in Section 4.2. If, after meeting with higher authorized officials, any of the Parties
determines that further negotiation would be fruitless, then that Party may resort to the remedies
set forth in Section 4.2. If resolution of a disagreement requires access to Classified Information,
the Parties shall designate a person or persons possessing the appropriate security clearances for
the purpose of resolving that disagreement.

4.2 Enforcement of Agreement. Subject to Section 4.1 of this Agreement, if any Party believes
that any other Party has breached or is about to breach this Agreement, that Party may bring an action
against the other Party for appropriate judicial relief. Nothing in this Agreement shall limit or affect
the right of a U.S. Government Authority to:

(a) require that the Party or Parties believed to have breached, or about to breach, this
Agreement cure such breach within thirty (30) days, or whatever shorter time
period is appropriate under the circumstances, upon receiving written notice of
such breach;

(b) request that the FCC modify, condition, revoke, cancel, or render null and void any
license, permit, or other authorization granted or given by the FCC to MVS Fed,
request that the FCC take other action, or request that the FCC impose any other
appropriate sanction, including but not limited to a forfeiture or other monetary
penalty, against MVS Fed;

(c) seek civil sanctions for any violation of any U.S. law or regulation or term of this
Agreement; or

(d) pursue criminal sanctions against MVS Fed or any of their respective directors,
officers, employees, representatives or agents, or against any other person or entity,

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for violations of the criminal laws of the United States; or

(e) seek suspension or debarment of MVS Fed from eligibility for contracting with the
U.S. Government.

4.3 Irreparable Injury. MVS Fed agrees that the United States would suffer irreparable injury
if for any reason MVS Fed failed to perform any of its obligations under this Agreement, and that
monetary relief would not be an adequate remedy. Accordingly, MVS Fed agrees that, in seeking
to enforce this Agreement, the Government Parties shall be entitled, in addition to any other
remedy available at law or equity, to specific performance and injunctive or other equitable relief.

4.4 Waiver. The availability of any civil remedy under this Agreement shall not prejudice the
exercise of any other civil remedy under this Agreement or under any provision of law, nor shall any
action taken by a Party in the exercise of any remedy be considered a waiver by that Party of any other
rights or remedies. The failure of any Party to insist on strict performance of any of the provisions of
this Agreement, or to exercise any right they grant, shall not be construed as a relinquishment or future
waiver; rather, the provision or right shall continue in full force. No waiver by any Party of any
provision or right shall be valid unless it is in writing and signed by the Party.

4.5 Waiver of Immunity. MVS Fed agrees that, to the extent that it or any of its property
(including FCC licenses and authorizations and intangible property) is or becomes entitled at any
time to any immunity on the ground of sovereignty or otherwise based upon a status as an agency
or instrumentality of government from any legal action, suit, or proceeding or from setoff or
counterclaim relating to this Agreement, from the jurisdiction of any competent court or the FCC,
from service of process, from attachment prior to judgment, from attachment in aid of execution
of a judgment, from execution pursuant to a judgment or arbitral award, or from any other legal
process in any jurisdiction, it, for itself and its property expressly, irrevocably and unconditionally
waives, and agrees not to plead or claim, any such immunity with respect to matters arising with
respect to this Agreement or the obligations herein (including any obligation for the payment of
money) in any proceeding brought by a U.S. federal, state or local Government Authority. MVS
Fed agrees that the waiver in this provision is irrevocable and is not subject to withdrawal in any
jurisdiction or under any statute, including the Foreign Sovereign Immunities Act, 28 U.S.C. §
1602 et seq. The foregoing waiver shall constitute a present waiver of immunity at any time any
action is initiated by a U.S. federal, state or local Government Authority against MVS Fed with
respect to compliance with this Agreement.

4.6 Forum Selection. Any civil action among the Parties for judicial relief with respect to any
dispute or matter whatsoever arising under, in connection with, or incident to, this Agreement shall be
brought, if at all, in the United States District Court for the District of Columbia.

4.7 Effectiveness of Article 4. This Article 4, and the obligations imposed and rights conferred
herein, shall become effective upon the execution of this Agreement by all the Parties.

ARTICLE 5: REPORTING AND NOTICE

5.1 Filings Concerning de jure or de facto control of MVS Fed. If MVS Fed makes any filing

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(a) MVS Fed shall include written provisions in any Outsourcing Contract that require
the contractor to comply with all applicable terms of this Agreement and the
Implementation Plan, or shall take other reasonable, good-faith measures to ensure that the
contractor is aware of, agrees to, and is bound to comply with all such terms.

(b) MVS Fed shall not enter into any Outsourcing Contract that affords the contractor
access to Sensitive Information, unless such access has been lawfully approved by the
entity that provided the information.

(c) MVS Fed shall not induce the contractor either to violate its obligations to MVS
Fed related to this Agreement or the Implementation Plan, or to take any action that, if
taken by MVS Fed, would violate this Agreement or the Implementation Plan.

(d) If MVS Fed receives any information that a contractor or any of its employees or
agents has taken an action that, had it been taken by MVS Fed, would violate a provision
of this Agreement or the Implementation Plan, or has violated its obligations to MVS Fed
related to this Agreement or the Implementation Plan, MVS Fed (1) will notify the
Government Parties promptly, and (2) in consultation and cooperation with them, will take
all reasonable steps necessary to rectify promptly the situation, including terminating the
Outsourcing Contract (with or without notice and opportunity for cure) or initiating and
pursuing litigation or other remedies at law and equity.

(e) Neither an Outsourcing Contract nor any provision of this Section 5.4 does or shall
be construed to relieve MVS Fed of any of its obligations under this Agreement or the
Implementation Plan.

5.5 Notice of Foreign Influence. If MVS Fed or its agents (including officers and members of
the Board of Directors) acquires any information that reasonably indicates that any Foreign entity
or individual, Foreign Governmental Authority, or Foreign Governmental Authority-controlled
entity plans to participate or has participated in any aspect of the day-to-day management of MVS
Fed or to exercise any Control of MVS Fed in such a way that (1) interferes with or impedes the
performance by MVS Fed of its duties and obligations under the terms of this Agreement; (2)
interferes with or impedes the exercise by MVS Fed of its rights under the Agreement; or (3) raises
a concern with respect to the fulfillment by MVS Fed of its obligations under this Agreement, then
such manager shall promptly notify the Government Parties in writing of the timing and the nature
of the Foreign entity’s or individual’s, Foreign Governmental Authority’s, or Foreign
Governmental Authority-controlled entity’s plans or actions.

5.6 Procedure and Process on Reporting. Within thirty (30) days after the Effective Date,
MVS Fed shall adopt and distribute to all officers and directors, a written procedure or process for
the reporting by officers and directors of noncompliance with this Agreement or the
Implementation Plan, which shall incorporate the notice of reporting obligations by officials,
employees, agents and contractors required under Section 3.8 of this Agreement. Any violation by
MVS Fed of any material term of such corporate policy shall constitute a breach of this
Agreement.

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950 Pennsylvania Avenue, NW
Washington, DC 20530

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Department of Homeland Security
Assistant Secretary for Policy
3801 Nebraska Avenue, N.W.
Washington, D.C. 20528

Note: All notices and other communications shall, in addition to the foregoing methods of
delivery, be sent by email to ip-fcc@dhs.gov and/or such other email account as DHS may
designate in the future.

MVS Fed, LLC
Deborah Deffaa, President
175 Rock Road
Glen Rock, NJ 07452

With a copy to:

Lawrence J. Movshin
Robert G. Morse
Wilkinson Barker Knauer, LLP
2300 N Street, N.W. Suite 700
Washington, DC 20037

ARTICLE 6: CONFIDENTIALITY; USE OF INFORMATION

6.1 Confidentiality. The Government Parties shall take all measures required by law to protect
from public disclosure all information submitted by MVS Fed (or other entities in accordance with
the terms of this Agreement, including the Implementation Plan) to them in connection with this
Agreement and clearly marked with the legend “Business Confidential; subject to protection under
5 U.S.C. § 553(b)” or similar designation. Such markings shall signify that it is the company’s
position that the information so marked constitutes “trade secrets” and/or “commercial or financial
information obtained from a person and privileged or confidential,” or otherwise warrants
protection within the meaning of 5 U.S.C. § 552(b)(4). For the purposes of 5 U.S.C. § 552(b)(4),
the Parties agree that information so marked is voluntarily submitted. If a request is made under
5 U.S.C. §552(a)(3) for information so marked, and disclosure of any information (including
disclosure in redacted form) is contemplated, MVS Fed shall be provided with the notices and
procedures required by law, including those specified in Executive Order 12600, 52 Fed. Reg.
23781 (June 25, 1987)).

6.2 Use of Information by U.S. Government for Any Lawful Purpose. Nothing in this
Agreement shall prevent the Government Parties or any other U.S. Governmental Authority from
lawfully disseminating this Agreement or using any information produced under or otherwise
related to this Agreement to seek enforcement of this Agreement, or for any other lawful purpose.

ARTICLE 7: FCC CONDITION

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7.1 FCC Approval. Upon the execution of this Agreement, including the Implementation Plan,
by all of the Parties, MVS Fed shall request that the FCC adopt a condition to MVS Fed’s existing
or pending FCC authorizations, substantially the same as set forth in Exhibit A attached hereto (the
“Condition to FCC Authorization”).

7.2 Right to Object to Future FCC Filings. MVS Fed agrees that in any application or petition
by MVS Fed, filed with or granted by the FCC after the execution of this Agreement by all the
Parties, for a license or other authority under Titles II and III of the Communications Act of 1934,
as amended, to offer, distribute, or resell Domestic Communications in the United States for
communications utilizing the Inmarsat system, or otherwise operate U.S. Licensed MESs in the
United States, MVS Fed shall request that the FCC condition the grant of such licensing or other
authority on compliance with the terms of this Agreement. Notwithstanding Section 8.9, nothing
in this Agreement shall preclude the Government Parties or any other U.S. Governmental
Authority from opposing, formally or informally, any FCC application or petition by MVS Fed for
other authority, or to transfer its license(s) to a third party (except with respect to pro forma
assignments or pro forma transfers of control), and to seek additional or different terms that would,
consistent with the public interest, address any concerns regarding the ability of the United States
to enforce the laws, preserve the national security, and protect the public safety, raised by the
services and transactions underlying any such application or petition.

ARTICLE 8: OTHER

8.1 Right to Make and Perform Agreement. MVS Fed represents that it has and shall continue
to have throughout the term of this Agreement the full right to enter into this Agreement and
perform its obligations hereunder and that this Agreement is a legal, valid, and binding obligation
of MVS Fed enforceable in accordance with its terms.

8.2 Headings. The article and section headings and numbering in this Agreement are inserted for
convenience only and shall not affect the meaning or interpretation of the terms of this Agreement.

8.3 Other Laws. Nothing in this Agreement is intended to limit or constitute a waiver of (a) any
obligations imposed by any U.S. federal, state, or local law or regulation on MVS Fed, (b) any
enforcement authority available under any U.S. federal, state, or local law or regulation, (c) the
sovereign immunity of the United States, or (d) any authority the U.S. Government may possess over
the activities or facilities if MVS Fed located within or outside the United States (including authority
pursuant to the International Emergency Economic Powers Act). Nothing in this Agreement is
intended to or is to be interpreted to require the Parties to violate any applicable U.S. law.

8.4 Statutory References. All references in this Agreement to statutory provisions and executive
orders shall include any future amendments to such statutory provisions and executive orders.

8.5 Non-Parties. Nothing in this Agreement is intended to confer or does confer any rights on any
person other than the Parties and any Government Authorities entitled to affect Electronic
Surveillance pursuant to Lawful U.S. Process.

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8.6 Modification. This Agreement may only be modified by written agreement signed by all of
the Parties, provided that the Government Parties may, by a written notice to MVS Fed signed by all
of them, waive any provision of this Agreement intended for their benefit unless such waiver is
objected to by MVS Fed. The Government Parties agree to consider promptly and in good faith
possible modifications to this Agreement if MVS Fed believes that the obligations imposed on it
under this Agreement are substantially more restrictive than those imposed on other U.S. and foreign
licensed service providers in like circumstances in order to protect U.S. national security, law
enforcement, and public safety concerns. Any substantial modification to this Agreement shall be
reported to the FCC within thirty (30) days after approval in writing by the Parties.

8.7 Severability. The provisions of this Agreement shall be severable and if any provision
thereof or the application of such provision under any circumstances is held invalid by a court of
competent jurisdiction, it shall not affect any other provision of this Agreement or the application
of any provision thereof.

8.8 Changes in Circumstances for MVS Fed. The Government Parties agree to negotiate in
good faith and promptly with respect to any request by MVS Fed for relief from application of
specific provisions of this Agreement if those provisions become unduly burdensome or have an
adverse affect on MVS Fed’s competitive position.

8.9 Changes in Circumstances for the Government Parties. If after the date that all the Parties
have executed this Agreement, the Government Parties find that the terms of this Agreement are
inadequate to address national security, law enforcement, or public safety concerns, then MVS Fed
will negotiate in good faith to modify this Agreement to address those concerns.

8.10 Counterparts. This Agreement may be executed in one or more counterparts, including by
facsimile, each of which shall together constitute one and the same instrument.

8.11 Successors and Assigns: This Agreement shall inure to the benefit of, and shall be binding
upon, the Parties, and their respective successors and assigns. This Agreement shall also be binding
on all subsidiaries, divisions, departments, branches, and other components or agents of MVS Fed,
and on all Affiliates of MVS Fed.

8.12 Effectiveness of Article 8. This Article 8, and the obligations imposed and rights conferred
herein, shall be effective upon execution of this Agreement by all the Parties.

8.13 Effectiveness of Agreement. Except as otherwise specifically provided elsewhere in this
Agreement, the obligations imposed and rights conferred by this Agreement shall take effect upon
the Effective Date.

8.14 [NOT USED]

8.15 Suspension of Agreement and Obligations Hereunder. This Agreement shall be suspended
upon thirty (30) days notice to the Government Parties that neither MVS Fed, nor any transferee
or assignee of the FCC licenses or authorizations held by MVS Fed, provides Domestic
Communications in the United States, unless any of the Government Parties, within that 30-day

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CERTFICATE OF SERVICE

I hereby certify that on this 9th day of January, 2009, I caused a true and correct copy of the foregoing PETITION TO
ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES to be served via electronic mail delivery to each of
the following parties:
Helen Domenici, Chief John Giusti, Deputy Bureau Chief Roderick Porter, Deputy Bureau Chief
International Bureau International Bureau International Bureau
Federal Communications Commission Federal Communications Commission Federal Communications Commission
445 12th Street, SW 445 12th Street, SW 445 12th Street, SW
Washington, DC 20554 Washington, DC 20554 Washington, DC 20554

Arthur Lechtman, Legal Advisor Steven Spaeth, Legal Advisor James Ball, Chief
International Bureau International Bureau Policy Division
Federal Communications Commission Federal Communications Commission International Bureau
445 12th Street, SW 445 12th Street, SW Federal Communications Commission
Washington, DC 20554 Washington, DC 20554 445 12th Street, SW
Washington, DC 20554

Howard Griboff, Deputy Division Chief George Li, Deputy Division Chief Francis Gutierrez, Associate Division Chief
Policy Division Policy Division Policy Division
International Bureau International Bureau International Bureau
Federal Communications Commission Federal Communications Commission Federal Communications Commission
445 12th Street, SW 445 12th Street, SW 445 12th Street, SW
Washington, DC 20554 Washington, DC 20554 Washington, DC 20554

David Krech, Associate Division Chief JoAnn Sutton, Assistant Division Chief Paul Locke, Assistant Chief of Engineering
Policy Division Policy Division Policy Division
International Bureau International Bureau International Bureau
Federal Communications Commission Federal Communications Commission Federal Communications Commission
445 12th Street, SW 445 12th Street, SW 445 12th Street, SW
Washington, DC 20554 Washington, DC 20554 Washington, DC 20554

Susan O’Connell Robert Nelson, Chief Cassandra Thomas, Deputy Division Chief
Policy Division Satellite Division Satellite Division
International Bureau International Bureau International Bureau
Federal Communications Commission Federal Communications Commission Federal Communications Commission
445 12th Street, SW 445 12th Street, SW 445 12th Street, SW
Washington, DC 20554 Washington, DC 20554 Washington, DC 20554

Fern Jarmulnek, Deputy Division Chief Karl Kensinger, Associate Division Chief Kathyrn Medley, Branch Chief
Satellite Division Satellite Division Engineering Branch
International Bureau International Bureau Satellite Division
Federal Communications Commission Federal Communications Commission International Bureau
445 12th Street, SW 445 12th Street, SW Federal Communications Commission
Washington, DC 20554 Washington, DC 20554 445 12th Street, SW
Washington, DC 20554

Andrea Kelly, Branch Chief Scott Kotler, Branch Chief Stephen Duall
Policy Branch System Analysis Branch Policy Branch
Satellite Division Satellite Division Satellite Division
International Bureau International Bureau International Bureau
Federal Communications Commission Federal Communications Commission Federal Communications Commission
445 12th Street, SW 445 12th Street, SW 445 12th Street, SW
Washington, DC 20554 Washington, DC 20554 Washington, DC 20554

Jeanette Spriggs Robert G. Morse
Policy Branch Lawrence Movshin
Satellite Division Wilkinson Barker Knauer, LLP
International Bureau 2300 N Street, NW /s/ Valerie M. Barrish
Federal Communications Commission Suite 700
445 12th Street, SW Washington, DC 20037 Valerie M. Barrish
Washington, DC 20554

Document Created: 2009-01-09 16:12:15
Document Modified: 2009-01-09 16:12:15

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