What it does The LOA requires Everfast to maintain a U.S.-based law-enforcement point of contact and security officer, support lawful interception and CALEA compliance, keep responsive U.S. records and communications infrastructure in the United States, and restrict foreign access or disclosure absent DOJ consent or a U.S. court order. It also imposes personnel screening, cybersecurity and system-security plans, incident reporting, equipment and vendor disclosures, controls on outsourced or offshore providers, advance notice of specified changes, annual compliance reporting, and DOJ site-visit rights. Everfast represents that its prior statements to DOJ, DHS, DoD, and the FCC are true and adopts them as the basis for the LOA.

Who it affects The commitments bind Everfast, formerly Boulevard Digital LLC, in connection with its proposed acquisition of a Kansas City customer base and assets and partial assignment of domestic and international Section 214 authorizations from Consolidated entities. They also reach vendors, contractors, foreign personnel, network operators, and service providers with access to Everfast systems or U.S. records.

Why it matters The agreement makes national-security and law-enforcement safeguards a condition of the FCC approval process. Breach or unresolved concerns could prompt a recommendation that the FCC modify, condition, revoke, or nullify relevant authorizations.

Key dates and numbers

• Dated October 12, 2022; the LOA uses the date of FCC approval as the trigger for many deadlines.
• LEPOC PII, the principal-equipment list, and outsourced-provider list are generally due within 15 or 30 days after FCC approval; plans and network maps are generally due within 60 days.
• Security incidents generally must be reported to DOJ within 48 hours, and no later than 72 hours in specified circumstances.
• Applications are identified by FCC File Nos. ITC-214-20220329-00056 and ITC-ASG-20220329-00045, WC Docket No. 22-141, and TT 22-022 to -024.