Order Declares Ocean Technology Limited's International Section 214 Authorization Terminated, 9466-9467 [2016-03939]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9466-9467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03939]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-105]


Order Declares Ocean Technology Limited's International Section 
214 Authorization Terminated

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the International Bureau declares the 
international section 214 authorization granted to Ocean Technology 
Limited (Ocean) terminated given Ocean's inability to comply with the 
express condition for holding the authorization. We also conclude that 
Ocean 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 and verify Ocean is still providing service, which 
failures have prevented any way of addressing Ocean's inability to 
comply with the condition of its authorization.

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 16-105, adopted and released January 29, 2016.

Background

    On July 17, 2013, the International Bureau granted Ocean 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 Ocean abide by the commitments and 
undertakings contained in its Letter of Assurance (LOA) to the 
Department of Justice (DOJ), the Federal Bureau of Investigation, the 
Drug Enforcement Agency, and the U.S. Marshals Service (collectively, 
the Executive Branch Agencies) dated July 16, 2013. On July 1, 2015, 
the Executive Branch Agencies notified the Commission of Ocean'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 Ocean. 
The Executive Branch Agencies indicated that open-source searches 
suggest that Ocean was still in operation and providing services, 
however, ``every attempt by the DOJ to communicate with Ocean regarding 
its LOA compliance has resulted in failure.'' The Executive Branch 
Agencies added that Ocean's former legal counsel has not been in 
contact with Ocean since July 2014 and was also unable to contact 
Ocean. Based on this, the Executive Branch Agencies stated that they 
are ``wholly unable to evaluate Ocean's compliance with the LOA, and 
must consider Ocean to be non-compliant.''
    The Commission has made significant efforts to communicate with 
Ocean, but has also been unable to do so. On August 25, 2015, the 
International Bureau sent Ocean a letter to the last addresses of 
record requesting that Ocean respond to the July 1, 2015 Executive 
Branch Letter within 30 days of the letter, by September 24, 2015. 
Ocean did not respond. Since that time, the International Bureau has 
provided Ocean with additional opportunities to respond to these 
allegations. The International Bureau stated that failure to respond 
would result in termination of Ocean's international section 214 
authorization for failure to comply with conditions of its 
authorization. In Ocean's 2012 application, Ocean stated it was 
incorporated in Delaware, and according to the Delaware Secretary of 
State, the service of process received for Ocean cannot be forwarded 
because ``the party served is not qualified to do business in the 
jurisdiction served.'' To date, Ocean has not responded to any of the 
International Bureau or the Executive Branch Agencies' multiple 
requests to resolve this matter.

Discussion

    We determine that Ocean's international section 214 authorization 
to provide international services issued under File No. ITC-214-
20121210-00323 has terminated for inability to comply with an express 
condition for holding the section 214 international authorization. The 
International Bureau has provided Ocean with notice and opportunity to 
respond to the allegations in the July 1, 2015 Executive Branch Letter 
concerning Ocean's non-compliance with the condition of the grant. 
Ocean has not responded to any of our multiple requests or requests 
from the Executive Branch Agencies. We find that Ocean's failure to 
respond to our multiple requests demonstrates that it is unable to 
satisfy the LOA conditions, upon which the Executive Branch Agencies 
gave their non-objection to the grant of the authorization to Ocean, 
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.'' Ocean 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 Ocean having complied with section 413 of the Act and the 
Commission's rules requiring it to designate an agent for service after 
receiving its authorization on July 17, 2013. Finally, as part of its 
authorization, Ocean ``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 Ocean failed 
to file an annual international telecommunications traffic and revenue 
report indicating whether or not Ocean provided services in 2014, as 
required by section 43.62(b) of the Commission's rules. In these 
circumstances, and in light of Ocean'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 Ocean's inability to satisfy the LOA conditions of 
its authorization.

Ordering Clauses

    Accordingly, it is ordered, pursuant to sections 4(i), 214, and 413 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 214, 
413, and sections 1.47(h), 43.62, 63.18, 63.21, 63.22(h), 63.23(e), and 
64.1195 of the Commission's rules, 47 CFR 1.47(h), 43.62, 63.18, 63.21, 
63.22(h), 63.23(e), 64.1195, that the international 214 authorization 
issued under File No. ITC-214-20121210-00323 is hereby terminated and 
declared null and void.

[[Page 9467]]

    It is further ordered that the request of the U.S. Department of 
Justice, the Federal Bureau of Investigation, the Drug Enforcement 
Agency, and the U.S. Marshals Service, IS HEREBY GRANTED, to the extent 
set forth in this Order.
    It is further ordered that a copy of this Order shall be sent by 
return receipt requested to Ocean Technology Limited at its last known 
addresses.
    It is further ordered that a copy of this Order, or a summary 
thereof, shall be published in the Federal Register.
    This Order is issued on delegated authority under 47 CFR 0.51, 
0.261, and is effective upon release. Petitions for reconsideration 
under section 1.106 of the Commission's rules, 47 CFR 1.106, or 
applications for review under section 1.115 of the Commission's rules, 
47 CFR 1.115, may be filed within 30 days of the date of the release of 
this Order.

Federal Communications Commission.
Denise Coca,
Chief, Telecommunications and Analysis Division, International Bureau.
[FR Doc. 2016-03939 Filed 2-24-16; 8:45 am]
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