Post-Transaction Structure
As required under FCC regulations, CTA notified the FCC of the change in ownership on July 25, 2007.[2] The notification stated that CTA had "conferred with the Executive Branch with respect to the [change of ownership] transaction" and "[b]y letter dated July 17, 2007 to the U.S. Department of Justice, the Federal Bureau of Investigation, and the U.S. Department of Homeland Security, [CTA had] agreed to abide by certain commitments and undertakings."[3] According to current officials, Team Telecom learned of CTA's change in ownership through the FCC's public notice of the change and then decided to engage the company to assess potential national security risks.[4]
Around May 2007, Team Telecom sent CTA written inquiries regarding the types of services CTA was then providing in the United States and those it
- ↑ See id. at TT-DOJ-013.
- ↑ See China Telecom (USA) Corp. Application for International Section 214 Authorization for Assignment or Transfer of Control, https://licensing.fcc.gov/cgi-bin/ws.exe/prod/ib/forms/reports/swr031b.hts?q_set=V_SITE_ANTENNA_FREQ.file_numberC/File+Number/%3D/ITCT/C2007072500285&prepare=&column=V_SITE_ANTENNA_FREQ.file_numberC/File+Number. The pro forma notice itself is not dated; however, an attachment to the notice indicates that the transfer of control occurred on July 12, 2007. The FCC's International Bureau Application database provides a filed date of July 25, 2007. See Int'l Bureau Selected Applications Listing, File No. ITC-T/C-20070725-00285, Fed. Commc'ns Comm'n, https://licensing.fcc.gov/cgi-bin/ws.exe/prod/ib/forms/reports/swr031b.hts?q_set=V_SITE_ANTENNA_FREQ.file_numberC/File+Number/%3D/ITCT/C2007072500285&prepare=&column=V_SITE_ANTENNA_FREQ.file_numberC/File+Number.
- ↑ China Telecom (USA) Corp. Notification of International Section 214 Authorization Assignment or Transfer of Control, at Attach. 1, p.4, 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.
- ↑ See Briefing with the Dep't of Justice (Aug. 1, 2019). However, the pro forma notice and the FCC's application database suggest that the pro forma notice was not filed—at least publicly—until July 2007. See supra note 316.
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