81 FR 487 - Order Declares Wypoint Telecom, Inc.'s International Section 214 Authorization Terminated
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 3 (January 6, 2016)
Federal Register Volume 81, Issue 3 (January 6, 2016)
| Page Range | 487-487 | |
| FR Document | 2015-33271 |
[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)] [Notices] [Page 487] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-33271] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [ DA 15-1343] Order Declares Wypoint Telecom, Inc.'s International Section 214 Authorization Terminated AGENCY: Federal Communications Commission ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In this document, we declare the international section 214 authorization granted to Wypoint Telecom, Inc. (``Wypoint'' and formerly known as Sage VOIP Solutions, Inc.) terminated given Wypoint's inability to comply with an express condition for holding the authorization. We also conclude that Wypoint failed to comply with those requirements of the Communications Act of 1934 (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 Wypoint's inability to comply with the condition of its authorization. DATES: November 20, 2015. FOR FURTHER INFORMATION CONTACT: Cara Grayer, Telecommunications and Analysis Division, International Bureau, at (202) 418-2960 or [email protected]. SUPPLEMENTARY INFORMATION: On July 27, 2007, the International Bureau granted Wypoint an international section 214 authorization to provide global or limited global facilities-based service and global or limited global resale service in accordance with sections 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 Wypoint abide by the commitments and undertakings contained in its Letter of Assurance (LOA) to the U.S. Department of Justice, U.S. Department of Homeland Security, and Federal Bureau of Investigation (collectively, the Agencies) dated July 11, 2007. We determine that Wypoint's section 214 authorization to provide international services issued under File No. ITC-214-20070601-00211 has terminated for Wypoint's inability to comply with an express condition for holding the section 214 international authorization. The International Bureau has afforded Wypoint with notice and opportunity to respond to the allegations in the Executive Branch May 9, 2014 Letter concerning Wypoint's non-compliance with the condition of its grant. Wypoint has not responded to any of our requests or requests from the Agencies. We find that Wypoint's failure to respond to our multiple requests demonstrates that it is unable to satisfy the LOA conditions concerning the availability of U.S. customer records, upon which the Agencies gave their non-objection to the grant of the authorization to Wypoint, and which were a condition 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.'' Wypoint's address is no longer valid and thus Wypoint has failed to inform the Commission of any changes in the continuing accuracy of its prior certifications, referencing the FCC file number of the original certification. Nor is there any record of Wypoint's 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, Wypoint ``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 Wypoint failed to file an annual international telecommunications traffic and revenue report indicating whether or not Wypoint provided services in 2014, as required by section 43.62(b) of the Commission's rules. In these circumstances, and in light of Wypoint's failure to respond to the Commission's repeated inquiries, we conclude that this failure to comply with the basic requirements of the Commission's rules designed to ensure its ability to communicate with the holder of the authorization also warrants termination, wholly apart from demonstrating Wypoint'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 was sent by return receipt requested, to Wypoint at its last known addresses. Further requests should be sent to Denise Coca, Chief, Telecommunications and Analysis Division, International Bureau via email at [email protected] and file it in File No. ITC-214-20121210- 00323 via IBFS at http://licensing.fcc.gov/myibfs/pleading.do. Federal Communications Commission. Francis Gutierrez, Deputy Chief, Telecommunications and Analysis Division, International Bureau. [FR Doc. 2015-33271 Filed 1-5-16; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Notices 487
notices of planned copper retirements. SUMMARY: In this document, we declare ‘‘is responsible for the continuing
The changes are designed to provide the international section 214 accuracy of the certifications made in its
interconnecting entities adequate time authorization granted to Wypoint application’’ and must promptly correct
to prepare their networks for the Telecom, Inc. (‘‘Wypoint’’ and formerly information no longer accurate, ‘‘and in
planned copper retirements and to known as Sage VOIP Solutions, Inc.) any event, within thirty (30) days.’’
ensure that consumers are able to make terminated given Wypoint’s inability to Wypoint’s address is no longer valid
informed choices. There is also a change comply with an express condition for and thus Wypoint has failed to inform
in the number of potential respondents holding the authorization. We also the Commission of any changes in the
to the rules promulgated under that conclude that Wypoint failed to comply continuing accuracy of its prior
section. The number of respondents as with those requirements of the certifications, referencing the FCC file
to the information collection Communications Act of 1934 (the Act) number of the original certification. Nor
requirements implemented under and the Commission’s rules that ensure is there any record of Wypoint’s having
section 251(c)(5) of the Act, has changed that the Commission can contact and complied with section 413 of the Act
from 1,300 to 750, a decrease of 550 communicate with the authorization and the Commission’s rules requiring it
respondents from the previous holder, which failures have prevented to designate an agent for service after
submission. Under section 251(f)(1) of any way of addressing Wypoint’s receiving its authorization on July 27,
the Act, rural telephone companies are inability to comply with the condition 2007. Finally, as part of its
exempt from the requirements of section of its authorization. authorization, Wypoint ‘‘must file
251(c) ‘‘until (i) such company has DATES: November 20, 2015. annual international
received a bona fide request for FOR FURTHER INFORMATION CONTACT: Cara telecommunications traffic and revenue
interconnection, services, or network Grayer, Telecommunications and as required by § 43.62.’’ Section 43.62(b)
elements, and (ii) the State commission Analysis Division, International Bureau, states that ‘‘[n]ot later than July 31 of
determines . . . that such request is not at (202) 418–2960 or Cara.Grayer@ each year, each person or entity that
unduly economically burdensome, is fcc.gov. holds an authorization pursuant to
technically feasible, and is consistent SUPPLEMENTARY INFORMATION: On July section 214 to provide international
with section 254. . . .’’ The 27, 2007, the International Bureau telecommunications service shall report
Commission has determined that the granted Wypoint an international whether it provided international
number of potential respondents set section 214 authorization to provide telecommunications services during the
forth in the previous submission global or limited global facilities-based preceding calendar year.’’ Our records
inadvertently failed to take this service and global or limited global indicate that Wypoint failed to file an
exemption into account. There are 1,429 resale service in accordance with annual international
ILECs nationwide. Of those, 87 are non- sections 63.18(e)(1) and 63.18(e)(2) of telecommunications traffic and revenue
rural ILECs and 1,342 are rural ILECs. the Commission’s rules. The report indicating whether or not
The Commission estimates that of the International Bureau granted the Wypoint provided services in 2014, as
1,342 rural ILECs, 679 are entitled to the application on the express condition required by section 43.62(b) of the
exemption and 663 are not entitled to that Wypoint abide by the commitments Commission’s rules. In these
the exemption and thus must comply and undertakings contained in its Letter circumstances, and in light of Wypoint’s
with rules promulgated under section of Assurance (LOA) to the U.S. failure to respond to the Commission’s
251(c) of the Act, including the rules Department of Justice, U.S. Department repeated inquiries, we conclude that
that are the subject of this information of Homeland Security, and Federal this failure to comply with the basic
collection. Thus, the Commission Bureau of Investigation (collectively, the requirements of the Commission’s rules
estimates that there are 87 (non-rural) + Agencies) dated July 11, 2007. We designed to ensure its ability to
663 (rural) = 750 potential respondents. determine that Wypoint’s section 214 communicate with the holder of the
The Commission estimates that the authorization to provide international authorization also warrants termination,
revision does not result in any services issued under File No. ITC–214– wholly apart from demonstrating
additional outlays of funds for hiring 20070601–00211 has terminated for Wypoint’s inability to satisfy the LOA
outside contractors or procuring Wypoint’s inability to comply with an conditions of its authorization.
equipment. express condition for holding the By this Order, we grant the Executive
Federal Communications Commission. section 214 international authorization. Branch agencies’ request to the extent
Sheryl D. Todd, The International Bureau has afforded set forth in this Order. A copy of this
Deputy Secretary, Office of the Secretary. Wypoint with notice and opportunity to Order was sent by return receipt
[FR Doc. 2015–33239 Filed 1–5–16; 8:45 am] respond to the allegations in the requested, to Wypoint at its last known
BILLING CODE 6712–01–P
Executive Branch May 9, 2014 Letter addresses.
concerning Wypoint’s non-compliance Further requests should be sent to
with the condition of its grant. Wypoint Denise Coca, Chief,
FEDERAL COMMUNICATIONS has not responded to any of our requests Telecommunications and Analysis
COMMISSION or requests from the Agencies. We find Division, International Bureau via email
that Wypoint’s failure to respond to our at Denise.Coca@fcc.gov and file it in File
multiple requests demonstrates that it is No. ITC–214–20121210–00323 via IBFS
[ DA 15–1343]
unable to satisfy the LOA conditions at http://licensing.fcc.gov/myibfs/
mstockstill on DSK4VPTVN1PROD with NOTICES
Order Declares Wypoint Telecom, concerning the availability of U.S. pleading.do.
Inc.’s International Section 214 customer records, upon which the
Agencies gave their non-objection to the Federal Communications Commission.
Authorization Terminated Francis Gutierrez,
grant of the authorization to Wypoint,
AGENCY:Federal Communications and which were a condition of its Deputy Chief, Telecommunications and
Commission section 214 authorization. Analysis Division, International Bureau.
Furthermore, after having received an [FR Doc. 2015–33271 Filed 1–5–16; 8:45 am]
ACTION: Notice.
international 214 authorization, a carrier BILLING CODE 6712–01–P
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Document Created: 2016-01-06 04:01:49
Document Modified: 2016-01-06 04:01:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | November 20, 2015. | |
| Contact | Cara Grayer, Telecommunications and Analysis Division, International Bureau, at (202) 418-2960 or [email protected] | |
| FR Citation | 81 FR 487 |
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