In the May 2007 submission, CTA provided Team Telecom with a list of its top three executives—all of whom were Chinese nationals.[1] The only American CTA mentioned was its external legal counsel, who it also designated as the point of contact for law enforcement officials.[2] CTA indicated that all U.S. business records are stored in the United States and agreed to alert Team Telecom prior to storing such records abroad.[3]
Based on these responses, Team Telecom determined that security measures were warranted before it agreed to recommend that the FCC maintain CTA's Section 214 authorizations despite the change in ownership.[4] The parties negotiated a three-page security agreement.[5] Among other commitments, CTA agreed to (1) make U.S. customer records available in the United States in response to lawful U.S. process; (2) ensure that U.S. records are not made subject to mandatory destruction under foreign laws; (3) take all practicable measures to prevent unauthorized access to, or disclosure of the content of, communications or U.S. records; (4) maintain one or more points of contact within the United States with the authority and responsibility for accepting and overseeing compliance with a lawful demand by U.S. law enforcement authorities; and (5) notify the FBI, DOJ, and DHS of any material changes in any of the facts in the security agreement or if it undertakes any action that requires notice or application to the FCC.[6]
On August 9, 2007, after executing the agreement, Team Telecom informed the FCC that it "ha[d] no objection to the [FCC] granting its consent [to the pro forma change of control], provided that the [FCC] condition [ed] the grant on [CTA] abiding by the commitments and undertakings contained in its July 17, 2007 letter to [Team Telecom]."[7]The FCC approved transfer of control on August 15, 2007,
- ↑ TT-DOJ-001-10, at TT-DOJ-003-04.
- ↑ Id. at TT-DOJ-004.
- ↑ Id. at TT-DOJ-005.
- ↑ See, e.g., In the Matter of China Telecom (USA) Corporation—Pro Forma Transfer of Control from China Telecommunications Corporation to China Telecom Corporation Limited (File No. ITC-2014-20010613-00346; ITC-214-20020716-00371)—Petition to Adopt Conditions to Authorizations and Licenses (dated Aug. 9, 2007), https://licensing.fcc.gov/cgi-bin/ws.exe/prod/ib/forms/attachment_menu.hts?id_app_num=69776&acct=434900&id_form_num=17&filing_key=-133273; Letter from Yi-jun Tan, President, China Telecom (USA) Corp., to Sigal Mandelker, Deputy Assistant Att'y Gen., Dep't of Justice, Elaine Lammert, Deputy Gen. Counsel, Fed. Bureau of Investigation, & Stewart Baker, Assistant Sec'y for Policy, Dep't of Homeland Sec. (July 17, 2007).
- ↑ See Letter from Yi-jun Tan, President, China Telecom (USA) Corp., to Sigal Mandelker, Deputy Assistant Att'y Gen., Dep't of Justice, Elaine Lammert, Deputy Gen. Counsel, Fed. Bureau of Investigation, & Stewart Baker, Assistant Sec'y for Policy, Dep't of Homeland Sec. (July 17, 2007).
- ↑ Id.
- ↑ See In the Matter of China Telecom (USA) Corporation—Pro Forma Transfer of Control from China Telecommunications Corporation to China Telecom Corporation Limited (File No. ITC-2014-20010613-00346; ITC-214-20020716-00371)—Petition to Adopt Conditions to Authorizations and Licenses (dated Aug. 9, 2007), https://licensing.fcc.gov/cgi-
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