What it does The LOA requires a U.S.-based law-enforcement point of contact, a U.S.-resident security officer eligible for a Secret clearance, personnel screening, and controls over foreign-person access to U.S. Records, domestic communications, and domestic communications infrastructure. It requires compliance with lawful U.S. process and CALEA, limits disclosure to foreign governments and persons, and requires responsive information to be kept within U.S. territorial boundaries. It also mandates cybersecurity and system-security plans, controls for principal equipment and outsourced or offshored providers, advance notice of material changes, annual compliance reports, incident reporting, and DOJ site visits.

Who it affects The obligations apply to Fusion Connect and its wholly owned operating subsidiaries—Fusion LLC, Fusion Cloud Services, Fusion Communications, and Fusion Telecom of Texas—and to the North Haven Entities acquiring control. DOJ, including the FBI, reviews or objects to specified personnel, equipment, providers, plans, locations, and changes.

Why it matters This LOA is the Team Telecom mitigation framework supporting FCC review of a telecommunications-license transfer. Breach can support FCC action to modify, condition, revoke, cancel, or render licenses void, as well as other legal remedies.

Key dates and numbers

• Signed December 1, 2022; the transaction applications were filed under WC 22-128 and FCC File No. ITC-T/C-20220317-00038.
• Many post-approval deadlines run from the FCC’s public notice of approval, including 15 days for the LEPOC and security-officer nominations, 30 days for CALEA certification and equipment/provider lists, and 60 days for plans and network diagrams.
• Security incidents and material breaches generally must be reported to DOJ within 72 hours; CPNI incidents must also be reported under 47 C.F.R. § 64.2011 within seven business days.
• TT 22-018 to -019)