81 FR 69817 - Final Notice of Intent To Declare the International Section 214 Authorization of Redes Modernas de la Frontera SA de CV Terminated

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range		69817-69818
FR Document		2016-24291

In this document, the International Bureau (Bureau) affords Redes Modernas de la Frontera SA de CV (Redes) final notice and opportunity to respond to the April 13, 2016 letter submitted by the Department of Homeland Security (DHS), with the concurrence of the Department of Justice (DOJ) (collectively ``the Agencies'') requesting that the FCC terminate, declare null and void and no longer in effect the international section 214 authorization issued to Redes under file number ITC-214-20070515-00189.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69817-69818]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24291]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-1076]


Final Notice of Intent To Declare the International Section 214 
Authorization of Redes Modernas de la Frontera SA de CV Terminated

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the International Bureau (Bureau) affords 
Redes Modernas de la Frontera SA de CV (Redes) final notice and 
opportunity to respond to the April 13, 2016 letter submitted by the 
Department of Homeland Security (DHS), with the concurrence of the 
Department of Justice (DOJ) (collectively ``the Agencies'') requesting 
that the FCC terminate, declare null and void and no longer in effect 
the international section 214 authorization issued to Redes under file 
number ITC-214-20070515-00189.

DATES: Submit comments on or before October 24, 2016.

ADDRESSES: The Bureau is serving a copy of the Public Notice on Redes 
by certified mail, return receipt requested,

[[Page 69818]]

at the last addresses of record appearing in Commission records. Redes 
should send its response to Denise Coca, Chief, Telecommunications and 
Analysis Division, International Bureau via email at 
Denise.Coca@fcc.gov and to Veronica Garcia-Ulloa, Attorney Advisor, 
Telecommunications and Analysis Division, International Bureau at 
Veronica.Garcia-Ulloa@fcc.gov and file it in IBFS under File No. ITC-
214-20070515-00189.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Veronica Garcia-Ulloa, Attorney Advisor, Telecommunications and 
Analysis Division, International Bureau, (202) 418-0481.

SUPPLEMENTARY INFORMATION: In the Executive Branch April 13, 2016 
Letter, the Agencies state that Redes is no longer in business. The 
Agencies indicate that they issued their non-objection to the 
Commission granting the authorization provided that Redes abide by the 
commitments and undertakings contained in the July 10, 2007 Letter that 
Redes entered into with the Agencies. On July 5, 2016, the Bureau's 
Telecommunications and Analysis Division sent a letter to Redes at the 
last known addresses on record via certified, return receipt mail, 
asking Redes to respond to the Agencies' allegations by August 3, 2016. 
The Bureau July 5, 2016 Letter stated that failure to respond would 
result in the issuance of an order to terminate Redes' international 
section 214 authorization. Redes did not respond to the request. The 
FCC Form 499 Database states that Redes is no longer active as of May 
1, 2009, and that the company has gone out of business in its entirety.
    In addition, Redes may also be in violation of several other 
Commission rules and requirements. After having received an 
international section 214 authorization, pursuant to section 63.21(a), 
a carrier ``is responsible for the continuing accuracy of the 
certifications made in its application'' and must correct information 
no longer accurate, ``and in any event, within thirty (30) days.'' 
There is no indication that Redes is currently providing service 
pursuant to its international section 214 authorization. If Redes has 
discontinued service that affected customers, it may also be in 
violation of section 63.19(a) of the Commission's rules requiring prior 
notification for such a discontinuance. As part of its authorization, 
Redes must file annual international telecommunications traffic and 
revenue as required by section 43.62 of the Commission rules. 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 has not 
filed an annual international telecommunications traffic and revenue 
report indicating whether or not Redes provided services in 2014 and 
2015 and may be in violation of section 43.62 of the Commission rules. 
All carriers were required to file their section 43.62 traffic and 
revenue reports for data as of December 31, 2014 by July 31, 2015 and 
for data as of December 31, 2015 by July 31, 2016. Furthermore, Redes 
has an outstanding debt and consequently its account is red lighted 
through the Red Light Display System. Redes must visit the Commission's 
Red Light Display System's to pay its outstanding debt. Redes' 
outstanding debt involves regulatory fees. In addition to financial 
penalties, section 159(c)(3) of the Communications Act and section 
1.1164(f) of the Commission's rules grant the Commission the authority 
to revoke authorizations for failure to timely pay regulatory fees.
    Redes' failure to respond to this Public Notice will be deemed as 
an admission of the facts alleged by the Agencies and of the violations 
of the statutory and rule provisions set out above. The Bureau hereby 
provides final notice to Redes that it intends to take action to 
declare Redes' international 214 authorization terminated for failure 
to comply with conditions of its authorization. We further advise Redes 
that its non-compliance with the applicable regulatory provisions would 
warrant termination wholly apart from demonstrating Redes' inability to 
satisfy the conditions of its authorization. Redes must respond to this 
Public Notice and address the issues alleged in the Executive Branch 
April 13, 2016 Letter, no later than 15 days after publication in the 
Federal Register.
    The proceeding in this Notice shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules.

Federal Communications Commission.
Denise Coca,
Chief, Telecommunications & Analysis Division, International Bureau.
[FR Doc. 2016-24291 Filed 10-6-16; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices 69817

Commercial Operations in the 3550– wireless broadband by adopting a new they must identify whether or not that
3650 MHz Band. approach to spectrum management to base station has unregistered Customer
Form Number: N/A. facilitate more intensive spectrum Premises Equipment (CPE) and the
Type of Review: Revision of a sharing between commercial and federal distance to the furthest registered CPE
currently approved collection. users and among multiple tiers of for each sector.
Respondents: Business or other for- commercial users. Freeing additional The Commission’s rules establishing
profit entities, not-for-profit institutions, spectrum is one of the Commission’s registration and construction
and state, local or tribal governments. core spectrum policy goals and the requirements for Grandfathered
Estimated Number of Respondents President’s Council of Advisors on Wireless Broadband Licensees are
and Responses: 110,782 respondents Science and Technology recommended intended to distinguish between ‘‘real’’
and 146,432 responses. that this band would be particularly networks that that have received
Estimated Time per Response: 0.25–1 well suited for spectrum sharing. substantial investment and provide
hour. Before the release of the 3.5 GHz socially productive service from ‘‘paper
Frequency of Response: One time and Order, the band segment was currently networks’’ whose only effect is to
on occasion reporting requirements; reserved for use by Department of restrict spectrum accessible by the
other reporting requirements—as Defense (DoD) radar systems and Citizens Broadband Radio Service. The
needed basis for the equipment safety commercial fixed satellite service (FSS) revised information collection under
certification, and consistently (likely earth stations (in the 3600–3650 MHz sections 96.21(a)(1) and (2) will help the
daily) responses automated via the portion of the band), as well as Commission and the SASs protect these
device. Grandfathered Wireless Broadband existing networks from interference
Obligation To Respond: Statutory Radio Services. The 3.5 GHz Order during the transition period while
authority for this currently approved established a roadmap for making the promoting spectral access and efficiency
information collection is contained in entirety of the 3.5 GHz band available by new users in the band and is an
Sections 1, 2, 4(i), 4(j), 5(c), 302(a), 303, for commercial use in a phased manner. important step in making this band
304, 307(e), and 316 of the This sharing arrangement is part of a available for commercial use. Further,
Communications Act of 1934, as broader three-tiered sharing framework the information will allow the licensees
amended, 47 U.S.C. 151, 152, 154(i), enabled by a Spectrum Access System that have invested in such networks to
154(j), 155(c), 302(a), 303, 304, 307(e), (SAS). The SAS incorporates a dynamic receive interference protection as
and 316. Statutory authority for the spectrum database and serves as an afforded by the rules.
revised information collection is advanced, highly automated frequency
contained in Sections 1, 2, 4(i), 4(j), 5(c), Federal Communications Commission.
coordinator across the band.
302(a), 303, 304, 307(e), and 316 of the Incumbent users represent the highest Marlene H. Dortch,
Communications Act of 1934, as tier in this framework and receive Secretary. Office of the Secretary.
amended, 47 U.S.C. 151, 152, 154(i), interference protection from Citizens [FR Doc. 2016–24275 Filed 10–6–16; 8:45 am]
154(j), 155(c), 302(a), 303, 304, 307(e), Broadband Radio Service users. BILLING CODE 6712–01–P
and 316. Protected incumbents include the
Estimated Total Annual Burden: federal operations and FSS earth
52,977 hours. stations described above and, for a finite FEDERAL COMMUNICATIONS
Total Annual Costs: $8,818,100. period, Grandfathered Wireless COMMISSION
Nature and Extent of Confidentiality: Broadband Licensees. Non-federal [DA 16–1076]
There is no need for confidentiality with incumbents must register the parameters
this information collection. of their operations with the Commission Final Notice of Intent To Declare the
Privacy Act Impact Assessment: No and/or an SAS to receive protection International Section 214 Authorization
impact(s). from Citizens Broadband Radio Service of Redes Modernas de la Frontera SA
Needs and Uses: In the 3.5 GHz users. de CV Terminated
Order, the Commission adopted rules to On August 19, 2016, the Wireless
protect existing licensees’ registered Telecommunications Bureau (WTB) and AGENCY: Federal Communications
base stations in the 3650–3700 MHz Office of Engineering and Technology Commission.
band from harmful interference from (OET) released a Public Notice adopting ACTION: Notice.
Citizens Broadband Radio Service users the final methodology for determining
for a fixed transition period. Pursuant to Grandfathered Wireless Protection SUMMARY: In this document, the
Section 96.21(a)(1) and (2) of the Zones for existing licensees in the 3650– International Bureau (Bureau) affords
Commission’s rules, during the 3700 MHz band, establishing a baseline Redes Modernas de la Frontera SA de
transition period, existing licensees will contour used to protect these areas. See CV (Redes) final notice and opportunity
receive protection for operations that are 47 CFR 96.3 (Grandfathered Wireless to respond to the April 13, 2016 letter
within their Grandfathered Wireless Protection Zone), Wireless submitted by the Department of
Protection Zone, provided that: (1) The Telecommunications Bureau and Office Homeland Security (DHS), with the
stations were registered in the of Engineering and Technology concurrence of the Department of
Commission’s Universal Licensing Announce Methodology for Determining Justice (DOJ) (collectively ‘‘the
System (ULS) on or before April 17, the Protected Contours for Agencies’’) requesting that the FCC
2015; and (2) as of April 17, 2016 the Grandfathered 3650–3700 MHz terminate, declare null and void and no
stations were constructed, in service, Licensees, GN Docket No. 12–354, longer in effect the international section
mstockstill on DSK3G9T082PROD with NOTICES

and fully compliant with the relevant Public Notice, FCC 16–946 (Aug. 19, 214 authorization issued to Redes under
operating rules. 2016). The Public Notice reiterated that file number ITC–214–20070515–00189.
The 3.5 GHz Order established rules licensees are required to certify which DATES: Submit comments on or before
for commercial use of 150 megahertz in of their base stations were constructed, October 24, 2016.
the 3.5 GHz Band and creates a new in service, and in full compliance with ADDRESSES: The Bureau is serving a
Citizens Broadband Radio Service. The the rules by April 17, 2016. At the same copy of the Public Notice on Redes by
rules create additional capacity for time that licensees certify to the above certified mail, return receipt requested,

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Document Created: 2018-02-13 16:32:06
Document Modified: 2018-02-13 16:32:06

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		Submit comments on or before October 24, 2016.
Contact		For further information, please contact Veronica Garcia-Ulloa, Attorney Advisor, Telecommunications and Analysis Division, International Bureau, (202) 418-0481.
FR Citation		81 FR 69817