Order Declares ACT Telecommunications, Inc.'s International Section 214 Authorization Terminated, 7542 [2016-02932]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Page 7542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02932]



[[Page 7542]]

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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-53]


Order Declares ACT Telecommunications, Inc.'s International 
Section 214 Authorization Terminated

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission declares the international 
section 214 authorization granted to ACT Telecommunications, Inc. (ACT) 
terminated given ACT's inability to comply with the express condition 
for holding the authorization. We also conclude that ACT failed to 
comply with those requirements of the Communications Act of 1934, as 
amended (the Act) and the Commission's rules that ensure that the 
Commission can contact and communicate with the authorization holder, 
which failures have prevented any way of addressing ACT's inability to 
comply with the condition of its authorization.

DATES: January 14, 2016.

FOR FURTHER INFORMATION CONTACT: Cara Grayer, Telecommunications and 
Analysis Division, International Bureau, at (202) 418-2960 or 
Cara.Grayer@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 16-53, adopted and released January 14, 2016. On October 27, 2009, 
the International Bureau granted ACT an international section 214 
authorization to provide global or limited global facility-based 
service and global or limited global resale service in accordance with 
section 63.18(e)(1) and 63.18(e)(2) of the Commission's rules. The 
International Bureau granted the application on the express condition 
that ACT abide by the commitments and undertakings contained in its 
Letter of Assurance (LOA) to the Department of Justice (DOJ) and the 
Department of Homeland Security (DHS, and with DOJ, the Executive 
Branch Agencies) dated October 20, 2009. On May 9, 2014, the Executive 
Branch Agencies notified the Commission of ACT's non-compliance with 
the conditions of its authorization and requested that the Commission 
terminate, and declare null and void and no longer in effect, the 
international section 214 authorization issued to ACT. We determine 
that ACT's international section 214 authorization to provide 
international services issued under File No. ITC-214-20081201-00519 has 
terminated for ACT's inability to comply with the LOA, an express 
condition for holding the section 214 international authorization. The 
International Bureau has provided ACT with notice and opportunity to 
respond to the allegations in the May 9, 2014 Executive Branch Letter 
concerning ACT's non-compliance with the condition of the grant. ACT 
has not responded to any of our multiple requests or requests from the 
Executive Branch Agencies. We find that ACT's failure to respond to our 
multiple requests demonstrates that it is unable to satisfy the LOA 
conditions concerning its 2012 and 2013 certifications, maintaining a 
current designated point of contact (POC), and providing timely notice 
of a change in ACT's POC status, upon which the Executive Branch 
Agencies gave their non-objection to the grant of the authorization to 
ACT, and which is a condition of the grant of its section 214 
authorization.
    Furthermore, after having received an international 214 
authorization, a carrier ``is responsible for the continuing accuracy 
of the certifications made in its application'' and must promptly 
correct information no longer accurate, ``and, in any event, within 
thirty (30) days.'' ACT has failed to inform the Commission of any 
changes in its business status of providing international 
telecommunications services, as required by the rules. Nor is there any 
record of ACT having complied with section 413 of the Communications 
Act and the Commission's rules requiring it to designate an agent for 
service after receiving its authorization on October 27, 2009. Finally, 
as part of its authorization, ACT ``must file annual international 
telecommunications traffic and revenue as required by section 43.62.'' 
Section 43.62(b) states that ``[n]ot later than July 31 of each year, 
each person or entity that holds an authorization pursuant to section 
214 to provide international telecommunications service shall report 
whether it provided international telecommunications services during 
the preceding calendar year.'' Our records indicate that ACT failed to 
file an annual international telecommunications traffic and revenue 
report indicating whether or not ACT provided services in 2014, as 
required by section 43.62(b) of the Commission's rules. In these 
circumstances, and in light of ACT's failure to respond to the 
Commission's rules designed to ensure its ability to communicate with 
the holder of the authorization also warrants termination wholly apart 
from demonstrating ACT's inability to satisfy the LOA conditions of its 
authorization.
    By this Order, we grant the Executive Branch agencies' request to 
the extent set forth in this Order. A copy of this Order will be sent 
by return receipt requested to ACT at its last known addresses.
    Further requests should be sent to Cara Grayer, Attorney, 
Telecommunications and Analysis Division, International Bureau via 
email at Cara.Grayer@fcc.gov and file it under File No. ITC-214-
20081201-00519 via IBFS at https://licensing.fcc.gov/myibfs/pleading.do.

Federal Communications Commission.
Troy F. Tanner,
Deputy Chief, International Bureau.
[FR Doc. 2016-02932 Filed 2-11-16; 8:45 am]
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