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communications infrastructure; and (8) agreeing to allow DOJ and DHS to visit any domestic facility within 48 hours' notice.[1]

On March 30, 2009, Team Telecom informed the FCC that it had no objection to the FCC approving the applications, provided that the FCC condition approval on ComNet and Pacific Networks abiding by the commitments and undertakings listed in the March 3, 2009 agreement.[2] The FCC granted the authorizations in April 2009.[3]

4. Despite a Security Agreement, Team Telecom Conducted Limited Post-Authorization Monitoring

Team Telecom's oversight of ComNet in the 11 years since executing the security agreement has been minimal.[4] Neither DOJ nor DHS were able to locate any communications demonstrating Team Telecom's engagement of ComNet prior to 2012. In 2009 and 2010, Team Telecom's monitoring consisted of receiving unprompted written updates from ComNet.[5] For example, in November 2009, ComNet notified Team Telecom about changes in CITIC's board of directors.[6] In 2010, ComNet alerted Team Telecom as to its name change from CM Tel to ComNet and also provided Team Telecom with a new law enforcement point of contact.[7] Neither DOJ nor DHS were able to locate any communications with ComNet in 2011.

  1. ↑ See generally Letter from Norman Yuen, Chairman, Pacific Networks Corp., & Fan Wei, Dir., CM Tel (USA) LLC to Stephen Heifetz, Deputy Assistant Sec'y for Policy Dev., Dep't of Homeland Sec. & Matthew Olsen, Acting Assistant Att'y Gen., Nat'l Sec. Div., Dep't of Justice (Mar. 3, 2009).
  2. ↑ In the Matter of CM Tel (USA) (File No. ITC-T/C-20080913-00428), In the Matter of Pacific Networks Corp. (File No. ITC-214-20090105-00006)—Petition to Adopt Conditions to Authorizations and Licenses (Mar. 30, 2009), https://fcc.report/IBFS/ITC-T-C-20080913-00428/704912 (unofficial website).
  3. ↑ Fed. Commc'ns Comm'n, Public Notice—International Authorizations Granted, Rep. No. TEL-01357, DA 09-1030, 24 FCC Red 5376, 5379 (May 7, 2009) (listing the "date of action" authorizing the transfer as April 24, 2009); Fed. Commc'ns Comm'n, Public Notice—International Authorizations Granted, Rep. No. TEL-01353, DA 09-799, 24 FCC Red 4155, 4156 (Apr. 9, 2009) (listing the "date of action" authorizing the application as April 8, 2009) (corrected Fed. Commc'ns Comm'n, Public Notice—International Authorizations Granted, Rep. No. TEL-01355, DA 09-898, 24 FCC Red 6379, 6384 (Apr. 23, 2009)).
  4. ↑ In discussions with the Subcommittee and its response to the FCC's Show Cause Order, ComNet stressed that it has regularly updated Team Telecom on its operations, provided a substantial amount of information to the agencies, and always responded to promptly to requests for information. See Briefing with ComNet (Apr. 13, 2020); Letter from Lerman Senter PLLC, counsel to ComNet, to the Subcommittee (June 2, 2020) (on file with the Subcommittee); In the Matter of Pacific Networks Corp. and ComNet (USA) LLC, Response to Order to Show Cause, GN Docket No. 20-111, at 7-9, Exhibit K (June 1, 2020), http://licensing.fcc.gov/cgi-bin/ws.exe/prod/ib/forms/reports/related_filing.hts?f_key=710677&f_number=ITC2142009042400199.
  5. ↑ See, e.g., TT-DOJ-309-18; DHS00133PSI-44.
  6. ↑ TT-DOJ-309-17.
  7. ↑ TT-DOJ-318.

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