Order Declares Redes Modernas de la Frontera SA de CV Section 214 Authorization Terminated, 91932-91933 [2016-30402]

Download as PDF 91932 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices settlement agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to the agreement should be withdrawn or withheld, the terms of the agreement will be affirmed. sradovich on DSK3GMQ082PROD with NOTICES II. Additional Information About Commenting on the Proposed Settlement Agreement A. How can I get a copy of the proposed settlement agreement? The official public docket for this action under Docket ID No. EPA–HQ– OGC–2016- 0642 contains a copy of the proposed settlement agreement. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OEI Docket is (202) 566–1752. An electronic version of the public docket is available through www.regulations.gov. You may use the www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select ‘‘search’’. It is important to note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA’s policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA’s electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 materials through the EPA Docket Center. FEDERAL COMMUNICATIONS COMMISSION B. How and to whom do I submit comments? [DA 16–1321] You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment and with any disk or CD ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA’s electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Use of the www.regulations.gov Web site to submit comments to EPA electronically is EPA’s preferred method for receiving comments. The electronic public docket system is an ‘‘anonymous access’’ system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. In contrast to EPA’s electronic public docket, EPA’s electronic mail (email) system is not an ‘‘anonymous access’’ system. If you send an email comment directly to the Docket without going through www.regulations.gov, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA’s electronic public docket. Dated: December 7, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016–30058 Filed 12–16–16; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Order Declares Redes Modernas de la Frontera SA de CV 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 Redes Modernas de la Frontera SA de CV (Redes) terminated given Redes’ inability to comply with an express condition for holding the authorization. It also concludes that Redes 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 Redes is still providing service, which failures have prevented any way of addressing Redes’ inability to comply with the condition of its authorization. FOR FURTHER INFORMATION CONTACT: Veronica Garcia-Ulloa, Telecommunications and Analysis Division, International Bureau at (202) 418–0481 or Veronica.GarciaUlloa@fcc.gov. SUMMARY: This is a summary of the Commission’s Order, DA 16–1321, adopted and released November 30, 2016. SUPPLEMENTARY INFORMATION: 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 Redes an international section 214 authorization to provide international global or limited global facilities-based authority, and global or limited global resale authority, 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 Redes abide by the commitments and undertakings E:\FR\FM\19DEN1.SGM 19DEN1 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices sradovich on DSK3GMQ082PROD with NOTICES contained in its July 10, 2007 letter of assurance (LOA) to the U.S. Department of Justice (DOJ), U.S. Department of Homeland Security (DHS), and Federal Bureau of Investigation (FBI). The LOA outlines a number of commitments made by Redes to address national security, law enforcement, and public safety concerns. On April 13, 2016, DOJ with the concurrence of DHS (collectively, the ‘‘Executive Branch Agencies’’) notified the Commission of Redes’ noncompliance with the conditions of its authorization and requested that the Commission terminate, declare null and void and no longer in effect, the international section 214 authorization issued to Redes. The Executive Branch Agencies stated that on July 31, 2012, the designated point of contact informed DHS that Redes is no longer in business and open source research conducted by DHS confirms this fact. In addition, the Executive Branch Agencies stated that Redes has not filed any of its international traffic and revenue reports with the Commission since 2007. Based on this, the Executive Branch Agencies conclude that Redes is no longer providing services pursuant to its authorization. The Commission has made significant efforts to communicate with Redes, but has also been unable to do so. On July 5, 2016, the International Bureau sent Redes a letter to the last addresses of record requesting that Redes respond to the April 13, 2016 Executive Branch Letter by August 3, 2016. Redes did not respond. Since that time, the International Bureau has provided Redes with additional opportunities to respond to these allegations. The International Bureau stated that failure to respond would result in termination of Redes’ international section 214 authorization for failure to comply with the condition of its authorization. To date, Redes has not responded to any of the International Bureau or the Executive Branch Agencies’ multiple requests to resolve this matter. Discussion We determine that Redes’ international section 214 authorization to provide services issued under File No. ITC–214–20070515–00189 has terminated for inability to comply with an express condition for holding the international section 214 authorization. The International Bureau provided Redes with notice and opportunity to respond to the allegations in the April 13, 2016 Executive Branch Letter concerning Redes’ non-compliance with the condition of the grant. Redes has not responded to any of our multiple VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 requests or requests from the Executive Branch Agencies. We find that Redes’ failure to respond to our multiple requests demonstrates that it is unable to satisfy the LOA commitments, upon which the Executive Branch Agencies relied in providing their non-objection to the grant of the authorization to Redes, and compliance with which is a condition of the grant of its international 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.’’ Redes has failed to inform the Commission of any changes in its business status of providing international telecommunications services, as required by the rules. Finally, as part of its authorization, Redes ‘‘must file annual international telecommunications traffic and revenue as required by § 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 Redes failed to file annual international telecommunications traffic and revenue reports indicating whether or not Redes provided services in 2014 and 2015, as required by section 43.62(b) of the Commission’s rules. Redes’ failure to adhere to the Commission’s rules designed to ensure its ability to communicate with the holder of the authorization and to verify the holder is still providing service also warrants termination, wholly apart from Redes’ non-compliance with the condition of its international section 214 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 section 214 authorization issued under File No. ITC–214–20070515–00189 is hereby terminated and declared null and void. It is further ordered that the request of the U.S. Department of Homeland Security and U.S. Department of Justice, is hereby granted, to the extent set forth in this Order. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 91933 It is further ordered that a copy of this Order shall be sent by return receipt requested to Redes Modernas de la Frontera SA de CV at its last known addresses. In addition, this Order shall be posted in the Commission’s Office of the Secretary. 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. 2016–30402 Filed 12–16–16; 8:45 am] BILLING CODE P FEDERAL COMMUNICATIONS COMMISSION [DA 16–1322] Order Declares IP To Go, LLC 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 IP To Go, LLC (IPTG) terminated given IPTG’s inability to comply with an express condition for holding the authorization. It also concludes that IPTG 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 IPTG is still providing service, which failures have prevented any way of addressing IPTG’s inability to comply with the condition of its authorization. FOR FURTHER INFORMATION CONTACT: Veronica Garcia-Ulloa, Telecommunications and Analysis Division, International Bureau at (202) 418–0481 or Veronica.GarciaUlloa@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order, DA 16–1322, adopted and released November 30, 2016. The full text of this SUMMARY: E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91932-91933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30402]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-1321]


Order Declares Redes Modernas de la Frontera SA de CV 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 Redes Modernas de la Frontera SA 
de CV (Redes) terminated given Redes' inability to comply with an 
express condition for holding the authorization. It also concludes that 
Redes 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 Redes is still providing service, which 
failures have prevented any way of addressing Redes' inability to 
comply with the condition of its authorization.

FOR FURTHER INFORMATION CONTACT: Veronica Garcia-Ulloa, 
Telecommunications and Analysis Division, International Bureau at (202) 
418-0481 or Veronica.Garcia-Ulloa@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 16-1321, adopted and released November 30, 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 Redes an international section 214 
authorization to provide international global or limited global 
facilities-based authority, and global or limited global resale 
authority, 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 Redes abide by the 
commitments and undertakings

[[Page 91933]]

contained in its July 10, 2007 letter of assurance (LOA) to the U.S. 
Department of Justice (DOJ), U.S. Department of Homeland Security 
(DHS), and Federal Bureau of Investigation (FBI). The LOA outlines a 
number of commitments made by Redes to address national security, law 
enforcement, and public safety concerns.
    On April 13, 2016, DOJ with the concurrence of DHS (collectively, 
the ``Executive Branch Agencies'') notified the Commission of Redes' 
non-compliance with the conditions of its authorization and requested 
that the Commission terminate, declare null and void and no longer in 
effect, the international section 214 authorization issued to Redes. 
The Executive Branch Agencies stated that on July 31, 2012, the 
designated point of contact informed DHS that Redes is no longer in 
business and open source research conducted by DHS confirms this fact. 
In addition, the Executive Branch Agencies stated that Redes has not 
filed any of its international traffic and revenue reports with the 
Commission since 2007. Based on this, the Executive Branch Agencies 
conclude that Redes is no longer providing services pursuant to its 
authorization.
    The Commission has made significant efforts to communicate with 
Redes, but has also been unable to do so. On July 5, 2016, the 
International Bureau sent Redes a letter to the last addresses of 
record requesting that Redes respond to the April 13, 2016 Executive 
Branch Letter by August 3, 2016. Redes did not respond. Since that 
time, the International Bureau has provided Redes with additional 
opportunities to respond to these allegations. The International Bureau 
stated that failure to respond would result in termination of Redes' 
international section 214 authorization for failure to comply with the 
condition of its authorization. To date, Redes has not responded to any 
of the International Bureau or the Executive Branch Agencies' multiple 
requests to resolve this matter.

Discussion

    We determine that Redes' international section 214 authorization to 
provide services issued under File No. ITC-214-20070515-00189 has 
terminated for inability to comply with an express condition for 
holding the international section 214 authorization. The International 
Bureau provided Redes with notice and opportunity to respond to the 
allegations in the April 13, 2016 Executive Branch Letter concerning 
Redes' non-compliance with the condition of the grant. Redes has not 
responded to any of our multiple requests or requests from the 
Executive Branch Agencies. We find that Redes' failure to respond to 
our multiple requests demonstrates that it is unable to satisfy the LOA 
commitments, upon which the Executive Branch Agencies relied in 
providing their non-objection to the grant of the authorization to 
Redes, and compliance with which is a condition of the grant of its 
international 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.'' Redes has failed to inform the Commission of any 
changes in its business status of providing international 
telecommunications services, as required by the rules. Finally, as part 
of its authorization, Redes ``must file annual international 
telecommunications traffic and revenue as required by Sec.  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 Redes failed 
to file annual international telecommunications traffic and revenue 
reports indicating whether or not Redes provided services in 2014 and 
2015, as required by section 43.62(b) of the Commission's rules. Redes' 
failure to adhere to the Commission's rules designed to ensure its 
ability to communicate with the holder of the authorization and to 
verify the holder is still providing service also warrants termination, 
wholly apart from Redes' non-compliance with the condition of its 
international section 214 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 section 214 
authorization issued under File No. ITC-214-20070515-00189 is hereby 
terminated and declared null and void.
    It is further ordered that the request of the U.S. Department of 
Homeland Security and U.S. Department of Justice, 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 Redes Modernas de la Frontera SA de CV at 
its last known addresses. In addition, this Order shall be posted in 
the Commission's Office of the Secretary.
    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. 2016-30402 Filed 12-16-16; 8:45 am]
 BILLING CODE P
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