What it does The agreement governs access to U.S. Records, Domestic Communications, domestic communications infrastructure, covered submarine cable systems, and sensitive or classified information. Zayo must develop an Implementation Plan; maintain U.S.-based law-enforcement and security contacts; screen personnel; protect data and lawful U.S. process; provide equipment, cable-system, outsourcing, ownership, service, peering, and network-operations information; report incidents and breaches; permit audits and inspections; and submit annual compliance reports. The USG Parties—DOJ and DHS—retain review, approval, objection, and inspection rights over specified plans, personnel, equipment, providers, and changes.

Who it affects The obligations bind Zayo Group Holdings, Zayo Group, LLC, Electric Lightwave, and Allstream in connection with Front Range TopCo’s proposed transaction. They also affect contractors, offshore or outsourced providers, personnel with relevant access, and the FCC, DOJ, DHS, FBI, and U.S. Secret Service through their oversight and notification roles.

Why it matters This LOA illustrates Team Telecom mitigation for a telecommunications license-transfer and foreign-investment review. Material noncompliance may lead the USG Parties to ask the FCC to modify, condition, revoke, cancel, terminate, or nullify relevant authorizations, in addition to other legal remedies.

Key dates and numbers

• January 21, 2020: date shown on the agreement.
• 90 days: deadline for Zayo’s Implementation Plan after the agreement date.
• 48 hours: deadline for reporting specified security incidents and data breaches.
• 30 days: common advance-notice period for equipment, providers, ownership, and related changes.
• 5 years: rescreening interval for certain Screened Personnel.
• One year: start of annual compliance reporting; reports then recur annually.