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)

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.

[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]


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FEDERAL COMMUNICATIONS COMMISSION

[ DA 15-1343]


Order Declares Wypoint Telecom, Inc.'s International Section 214 
Authorization Terminated

AGENCY: Federal Communications Commission

ACTION: Notice.

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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