Attachment DOJ_petition_IXCH_TM

DOJ_petition_IXCH_TM

PETITION submitted by DOJ

Petition To Adopt Conditions

2011-08-03

This document pretains to ITC-ASG-20110509-00130 for Assignment on a International Telecommunications filing.

IBFS_ITCASG2011050900130_910284

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) IXC Holdings, Inc., Assignor ) ) WC Docket No. 11-85 and ) ITC-ASG-20110509-00130 ) TelePacific Managed Services, Assignee ) ) Application for Authority to Complete an ) Assignment of Assets of an Authorized ) Domestic and International Common ) Carrier, Pursuant to Section 214 of the ) Communications Act of 1934, as Amended ) PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Justice and the Department of Homeland Security (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”) 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 agreement of U.S. TelePacific Holdings Corp., U.S. TelePacific Corp., and TelePacific Managed Services (collectively, “the Companies”) to abide by the commitments and undertakings set forth in the July 18, 2011 Letter of Assurances (“LOA”), which is attached hereto. The above-referenced proceeding involves an application filed with the Commission for authority, pursuant to Section 214 of the Communications Act of 1934, as amended, to complete an assignment of assets from 1 47 C.F.R. § 1.41.

IXC Holdings, Inc. to TelePacific Managed Services, a wholly-owned subsidiary of U.S. TelePacific Corp. 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 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 the Companies 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 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 application in the above- referenced proceeding, provided that the Commission conditions its consent on compliance by the Companies with the commitments set forth in the LOA. 2

The Agencies are authorized to state that the Companies do not object to the grant of this Petition. Respectfully submitted, /s/ Richard C. Sofield Richard C. Sofield Director, Foreign Investment Review Staff National Security Division 600 E Street, NW, Room 10000 Washington, DC 20004 July 28, 2011 3


Document Created: 2011-08-03 16:18:57
Document Modified: 2011-08-03 16:18:57
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