Page:2020-06-09 PSI Staff Report - Threats to U.S. Communications Networks.pdf/93

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provide switched services, either directly or indirectly through the resale of another U.S. resale carrier's international switched services.[1] The FCC referred Pacific Networks' application to Team Telecom for review.[2]

Team Telecom engaged both ComNet and Pacific Networks on perceived national security risks associated with their applications.[3] Team Telecom's questions focused on the companies' integration, as well as their creation of operating and security procedures to protect against unauthorized access to, or disclosure of, U.S. records.[4] Team Telecom also sought to ensure the companies had identified a law enforcement point of contact.[5]

Ultimately, Team Telecom determined that the risks it identified could be mitigated through a security agreement, signed jointly by ComNet and Pacific Networks.[6] The companies, along with DHS and DOJ, executed the agreement on March 3, 2009.[7] The agreement included many of the same general provisions as other security agreements, as well as certain new requirements. This included, among others (1) making U.S. records available within the United States in response to lawful U.S process; (2) providing DHS and DOJ with descriptions of the companies' physical and logical technical security architecture, security policies and standards, and information technology governance controls; (3) ensuring that U.S. records are not made subject to mandatory destruction under any foreign laws; (4) taking all practicable measures to prevent unauthorized access to, or disclosure of the content of, communications or U.S. records; (5) maintaining at least one point of contact within the United States to oversee compliance with law enforcement requests; (6) notifying DOJ and DHS of changes to services, ownership, or operations; (7) notifying DOJ and DHS of any malicious cybersecurity attacks detected on systems used to provide services within the U.S. domestic

  1. ↑ See Letter from Joshua T. Guyan to Fed. Commc'ns Comm'n Int'l Bureau (Apr. 22, 2009).
  2. ↑ FCC-PSI-000478-79.
  3. ↑ Cf. DHS00460PSI (noting that the security agreement signed with ComNet in 2009 took into account (1) ComNet's transfer of control application and (2) Pacific Networks' new Section 214 application).
  4. ↑ See TT-DOJ-120-22.
  5. ↑ See id.
  6. ↑ 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); 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).
  7. ↑ 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). See also 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).

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