Order Declares JuBe Communications, LLC's International Section 214 Authorization Terminated, 55199-55200 [2016-19690]
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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices
Dated: July 27, 2016.
James D. Giattina,
Director, Water Protection Division.
fcc.gov and to Cathy.Williams@fcc.gov.
Include in the comments the OMB
control number as shown in the
SUPPLEMENTARY INFORMATION section
below.
[FR Doc. 2016–19099 Filed 8–17–16; 8:45 am]
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0936]
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid OMB
control number.
DATES: Written PRA comments should
be submitted on or before September 19,
2016. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments
Nicholas A. Fraser, OMB, via email:
Nicholas_A._Fraser@omb.eop.gov; and
to Cathy Williams, FCC, via email PRA@
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SUMMARY:
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Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2016–19741 Filed 8–17–16; 8:45 am]
BILLING CODE 6712–01–P
For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060–0936.
Title: Sections 95.1215, 95.1217,
95.1223 and 95.1225, Medical Device
Radiocommunications Service
(MedRadio).
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit and not-for-profit institutions.
Number of Respondents: 3,120
respondents; 3,120 responses.
Estimated Time per Response: 1–3
hours.
Frequency of Response: On occasion
reporting requirement, third party
disclosure requirement and
recordkeeping requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 151 and 303
of the Communications Act of 1934, as
amended.
Total Annual Burden: 9,120 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: The Federal
Communications Commission is
requesting that the Office of
Management and Budget (OMB)
approve for a period of three years an
extension for the information collection
requirements contained in this
collection.
The information collection
requirements that are approved under
this information collection are
contained in 47 CFR 95.1225(b) and (c),
95.1217(a)(3) and (c), 95.1223 and
95.1225 which relate to the Medical
Device Radiocommunication Service
(MedRadio).
The information is necessary to allow
the coordinator and parties using the
database to contact other users to verify
information and resolve potential
conflicts. Each user is responsible for
determining in advance whether new
devices are likely to cause or be
susceptible to interference from devices
already registered in the coordination
database.
PO 00000
55199
FEDERAL COMMUNICATIONS
COMMISSION
[DA 16–720]
Order Declares JuBe Communications,
LLC’s International Section 214
Authorization Terminated
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this document, the
International Bureau of the Federal
Communications Commission
(Commission) declares the international
Section 214 authorization granted to
JuBe Communications, LLC (JuBe)
terminated given JuBe’s inability to
comply with the express condition for
holding the authorization. It also
concludes that JuBe 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 JuBe is still providing
service, which failures have prevented
any way of addressing JuBe’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 16–720, adopted and released July 1,
2016.
SUMMARY:
Background
Section 214(a) of the Act prohibits
any carrier from constructing,
extending, acquiring, or operating any
line, and from engaging in transmission
through any such line, without first
obtaining a certificate of authorization
from the Commission. Under Section
214(c) of the Act, the Commission ‘‘may
attach to the issuance of the certificate
such terms and conditions as in its
judgment the public convenience and
necessity may require.’’ On July 27,
2007, the International Bureau granted
JuBe an international Section 214
authorization to provide global or
limited global facility-based service and
global or limited global resale service in
E:\FR\FM\18AUN1.SGM
18AUN1
rmajette on DSK2TPTVN1PROD with NOTICES
55200
Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices
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 JuBe abide by the commitments and
undertakings contained in its Letter of
Assurance (LOA) to the Department of
Justice (DOJ), the Federal Bureau of
Investigation, and the U.S. Department
of Homeland Security (collectively, the
Executive Branch Agencies) dated July
12, 2007. The LOA outlines a number of
commitments made by JuBe to address
national security, law enforcement, and
public safety concerns.
On December 23, 2015, the Executive
Branch Agencies notified the
Commission of JuBe’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
JuBe. The Executive Branch Agencies
believe that JuBe is no longer in
existence. Specifically, according to the
Texas state corporate Web site, JuBe
voluntarily dissolved as a corporate
entity and became inactive on October
14, 2010. Further, on October 19, 2015,
Mr. Thomas Lynch, JuBe’s designated
point of contact during the application
process, advised the Executive Branch
Agencies that he had been unable to
reach JuBe after multiple attempts
through all his contacts except U.S.
postal service. He noted that he
presumed JuBe to be out of business.
Based on this, the Executive Branch
Agencies state that ‘‘JuBe is neither
providing services pursuant to
authorization file number ITC–214–
20070607–00218 nor still in existence.’’
The Commission has made significant
efforts to communicate with JuBe, but
has also been unable to do so. On
January 19, 2016, the International
Bureau sent JuBe a letter to the last
addresses of record requesting that JuBe
respond to the December 23, 2015
Executive Branch letter within 30 days
of the letter, by February 18, 2016. JuBe
did not respond. Since that time, the
International Bureau has provided JuBe
with additional opportunities to
respond to these allegations. The
International Bureau stated that failure
to respond would result in termination
of JuBe’s international Section 214
authorization for failure to comply with
conditions of its authorization. In JuBe’s
2007 application, JuBe stated it was
incorporated in Texas, and according to
the Texas Secretary of State Web site, no
records exist for JuBe Communications,
LLC. To date, JuBe has not responded to
any of the International Bureau or the
Executive Branch Agencies’ multiple
requests to resolve this matter.
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15:05 Aug 17, 2016
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Discussion
We determine that JuBe’s
international Section 214 authorization
to provide international services issued
under File No. ITC–214–20070607–
00218 has terminated for inability to
comply with an express condition for
holding the international Section 214
authorization. The International Bureau
has provided JuBe with notice and
opportunity to respond to the
allegations in the December 23, 2015
Executive Branch letter concerning
JuBe’s non-compliance with the
condition of the grant. JuBe has not
responded to any of our multiple
requests or requests from the Executive
Branch Agencies. We find that JuBe’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 JuBe, and which are
a condition of the grant of its
international Section 214 authorization.
Furthermore, after having received an
international Section 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.’’ JuBe has failed to
inform the Commission of any changes
in its business status of providing
international telecommunications
services, as required by the rules. In
addition, there is no indication that
JuBe is currently providing service
pursuant to its international Section 214
authorization. If JuBe has discontinued
service, it is also in violation of the
Commission’s rules requiring prior
notification for such a discontinuance.
Nor is there any record of JuBe 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 27,
2007. Finally, as part of its
authorization, JuBe ‘‘must file annual
international telecommunications traffic
and revenue as required by § 43.62.’’
Section 43.62(b) of the Commission’s
rule 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.’’ Commission
records indicate that JuBe failed to file
an annual international
telecommunications traffic and revenue
report indicating whether or not JuBe
provided services in 2015, as required
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
by Section 43.62(b). In these
circumstances, and in light of JuBe’s
failure to respond to the Commission’s
rules designed to ensure its ability to
communicate with the holder of the
authorization, termination also is
warranted wholly apart from
demonstrating JuBe’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–214–20070607–00218 is hereby
terminated and declared null and void.
It is further ordered that the request of
the U.S. Department of Justice, the
Federal Bureau of Investigation, and the
U.S. Department of Homeland Security,
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 JuBe Communications, LLC
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. 2016–19690 Filed 8–17–16; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[3060–0986]
Information Collection Being
Submitted for Emergency Review and
Approval to the Office of Management
and Budget
Federal Communication
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission (FCC), as part of its
SUMMARY:
E:\FR\FM\18AUN1.SGM
18AUN1
]]>Agencies
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55199-55200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19690]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[DA 16-720]
Order Declares JuBe Communications, LLC's International Section
214 Authorization Terminated
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this document, the International Bureau of the Federal
Communications Commission (Commission) declares the international
Section 214 authorization granted to JuBe Communications, LLC (JuBe)
terminated given JuBe's inability to comply with the express condition
for holding the authorization. It also concludes that JuBe 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 JuBe is still providing service, which failures have
prevented any way of addressing JuBe'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 16-720, adopted and released July 1, 2016.
Background
Section 214(a) of the Act prohibits any carrier from constructing,
extending, acquiring, or operating any line, and from engaging in
transmission through any such line, without first obtaining a
certificate of authorization from the Commission. Under Section 214(c)
of the Act, the Commission ``may attach to the issuance of the
certificate such terms and conditions as in its judgment the public
convenience and necessity may require.'' On July 27, 2007, the
International Bureau granted JuBe an international Section 214
authorization to provide global or limited global facility-based
service and global or limited global resale service in
[[Page 55200]]
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 JuBe abide by the commitments and undertakings contained
in its Letter of Assurance (LOA) to the Department of Justice (DOJ),
the Federal Bureau of Investigation, and the U.S. Department of
Homeland Security (collectively, the Executive Branch Agencies) dated
July 12, 2007. The LOA outlines a number of commitments made by JuBe to
address national security, law enforcement, and public safety concerns.
On December 23, 2015, the Executive Branch Agencies notified the
Commission of JuBe'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 JuBe. The Executive Branch Agencies believe
that JuBe is no longer in existence. Specifically, according to the
Texas state corporate Web site, JuBe voluntarily dissolved as a
corporate entity and became inactive on October 14, 2010. Further, on
October 19, 2015, Mr. Thomas Lynch, JuBe's designated point of contact
during the application process, advised the Executive Branch Agencies
that he had been unable to reach JuBe after multiple attempts through
all his contacts except U.S. postal service. He noted that he presumed
JuBe to be out of business. Based on this, the Executive Branch
Agencies state that ``JuBe is neither providing services pursuant to
authorization file number ITC-214-20070607-00218 nor still in
existence.''
The Commission has made significant efforts to communicate with
JuBe, but has also been unable to do so. On January 19, 2016, the
International Bureau sent JuBe a letter to the last addresses of record
requesting that JuBe respond to the December 23, 2015 Executive Branch
letter within 30 days of the letter, by February 18, 2016. JuBe did not
respond. Since that time, the International Bureau has provided JuBe
with additional opportunities to respond to these allegations. The
International Bureau stated that failure to respond would result in
termination of JuBe's international Section 214 authorization for
failure to comply with conditions of its authorization. In JuBe's 2007
application, JuBe stated it was incorporated in Texas, and according to
the Texas Secretary of State Web site, no records exist for JuBe
Communications, LLC. To date, JuBe has not responded to any of the
International Bureau or the Executive Branch Agencies' multiple
requests to resolve this matter.
Discussion
We determine that JuBe's international Section 214 authorization to
provide international services issued under File No. ITC-214-20070607-
00218 has terminated for inability to comply with an express condition
for holding the international Section 214 authorization. The
International Bureau has provided JuBe with notice and opportunity to
respond to the allegations in the December 23, 2015 Executive Branch
letter concerning JuBe's non-compliance with the condition of the
grant. JuBe has not responded to any of our multiple requests or
requests from the Executive Branch Agencies. We find that JuBe'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
JuBe, and which are a condition of the grant of its international
Section 214 authorization.
Furthermore, after having received an international Section 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.'' JuBe has failed to inform the Commission of any
changes in its business status of providing international
telecommunications services, as required by the rules. In addition,
there is no indication that JuBe is currently providing service
pursuant to its international Section 214 authorization. If JuBe has
discontinued service, it is also in violation of the Commission's rules
requiring prior notification for such a discontinuance. Nor is there
any record of JuBe 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 27, 2007. Finally, as part of its
authorization, JuBe ``must file annual international telecommunications
traffic and revenue as required by Sec. 43.62.'' Section 43.62(b) of
the Commission's rule 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.'' Commission records indicate that
JuBe failed to file an annual international telecommunications traffic
and revenue report indicating whether or not JuBe provided services in
2015, as required by Section 43.62(b). In these circumstances, and in
light of JuBe's failure to respond to the Commission's rules designed
to ensure its ability to communicate with the holder of the
authorization, termination also is warranted wholly apart from
demonstrating JuBe'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-214-20070607-00218 is hereby terminated and
declared null and void.
It is further ordered that the request of the U.S. Department of
Justice, the Federal Bureau of Investigation, and the U.S. Department
of Homeland Security, 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 JuBe Communications, LLC 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. 2016-19690 Filed 8-17-16; 8:45 am]
BILLING CODE 6712-01-P
