81 FR 91932 - Order Declares Redes Modernas de la Frontera SA de CV Section 214 Authorization Terminated
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 243 (December 19, 2016)
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91932-91933 | |
| FR Document | 2016-30402 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Notices] [Pages 91932-91933] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30402] ======================================================================= ----------------------------------------------------------------------- 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 [email protected]. 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
![91932 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices
settlement agreement if the comments materials through the EPA Docket FEDERAL COMMUNICATIONS
disclose facts or considerations that Center. COMMISSION
indicate that such consent is
inappropriate, improper, inadequate, or B. How and to whom do I submit [DA 16–1321]
inconsistent with the requirements of comments?
Order Declares Redes Modernas de la
the Act. Unless EPA or the Department You may submit comments as Frontera SA de CV Section 214
of Justice determines that consent to the provided in the ADDRESSES section. Authorization Terminated
agreement should be withdrawn or
Please ensure that your comments are AGENCY: Federal Communications
withheld, the terms of the agreement
submitted within the specified comment Commission.
will be affirmed.
period. Comments received after the
ACTION: Notice.
II. Additional Information About close of the comment period will be
Commenting on the Proposed marked ‘‘late.’’ EPA is not required to SUMMARY: In this document, the
Settlement Agreement consider these late comments. International Bureau of the Federal
A. How can I get a copy of the proposed If you submit an electronic comment, Communications Commission
settlement agreement? EPA recommends that you include your (Commission) declares the international
name, mailing address, and an email section 214 authorization granted to
The official public docket for this Redes Modernas de la Frontera SA de
action under Docket ID No. EPA–HQ– address or other contact information in
the body of your comment and with any CV (Redes) terminated given Redes’
OGC–2016- 0642 contains a copy of the inability to comply with an express
proposed settlement agreement. The disk or CD ROM you submit. This
ensures that you can be identified as the condition for holding the authorization.
official public docket is available for It also concludes that Redes failed to
public viewing at the Office of submitter of the comment and allows
comply with those requirements of the
Environmental Information (OEI) Docket EPA to contact you in case EPA cannot
Communications Act of 1934, as
in the EPA Docket Center, EPA West, read your comment due to technical amended (the Act) and the
Room 3334, 1301 Constitution Ave. difficulties or needs further information Commission’s rules that ensure that the
NW., Washington, DC. The EPA Docket on the substance of your comment. Any Commission can contact and
Center Public Reading Room is open identifying or contact information communicate with the authorization
from 8:30 a.m. to 4:30 p.m., Monday provided in the body of a comment will holder and verify Redes is still
through Friday, excluding legal be included as part of the comment that providing service, which failures have
holidays. The telephone number for the is placed in the official public docket, prevented any way of addressing Redes’
Public Reading Room is (202) 566–1744, and made available in EPA’s electronic inability to comply with the condition
and the telephone number for the OEI public docket. If EPA cannot read your of its authorization.
Docket is (202) 566–1752. comment due to technical difficulties
An electronic version of the public FOR FURTHER INFORMATION CONTACT:
and cannot contact you for clarification, Veronica Garcia-Ulloa,
docket is available through
EPA may not be able to consider your Telecommunications and Analysis
www.regulations.gov. You may use the
www.regulations.gov to submit or view comment. Division, International Bureau at (202)
public comments, access the index Use of the www.regulations.gov Web 418–0481 or Veronica.Garcia-
listing of the contents of the official site to submit comments to EPA Ulloa@fcc.gov.
public docket, and to access those electronically is EPA’s preferred method SUPPLEMENTARY INFORMATION: This is a
documents in the public docket that are for receiving comments. The electronic summary of the Commission’s Order,
available electronically. Once in the public docket system is an ‘‘anonymous DA 16–1321, adopted and released
system, key in the appropriate docket access’’ system, which means EPA will November 30, 2016.
identification number then select not know your identity, email address,
‘‘search’’. Background
or other contact information unless you
It is important to note that EPA’s provide it in the body of your comment. Section 214(a) of the Act prohibits
policy is that public comments, whether In contrast to EPA’s electronic public any carrier from constructing,
submitted electronically or in paper, docket, EPA’s electronic mail (email) extending, acquiring, or operating any
will be made available for public system is not an ‘‘anonymous access’’ line, and from engaging in transmission
viewing online at www.regulations.gov system. If you send an email comment through any such line, without first
without change, unless the comment obtaining a certificate of authorization
directly to the Docket without going
contains copyrighted material, CBI, or from the Commission. Under section
through www.regulations.gov, your
other information whose disclosure is 214(c) of the Act, the Commission ‘‘may
email address is automatically captured
restricted by statute. Information attach to the issuance of the certificate
claimed as CBI and other information and included as part of the comment such terms and conditions as in its
whose disclosure is restricted by statute that is placed in the official public judgment the public convenience and
is not included in the official public docket, and made available in EPA’s necessity may require.’’ On July 27,
docket or in the electronic public electronic public docket. 2007, the International Bureau granted
docket. EPA’s policy is that copyrighted Dated: December 7, 2016. Redes an international section 214
material, including copyrighted material Lorie J. Schmidt, authorization to provide international
contained in a public comment, will not global or limited global facilities-based
sradovich on DSK3GMQ082PROD with NOTICES
Associate General Counsel.
be placed in EPA’s electronic public authority, and global or limited global
[FR Doc. 2016–30058 Filed 12–16–16; 8:45 am]
docket but will be available only in resale authority, in accordance with
printed, paper form in the official public BILLING CODE 6560–50–P section 63.18(e)(1) and 63.18(e)(2) of the
docket. Although not all docket Commission’s rules. The International
materials may be available Bureau granted the application on the
electronically, you may still access any express condition that Redes abide by
of the publicly available docket the commitments and undertakings
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![Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices 91933
contained in its July 10, 2007 letter of requests or requests from the Executive It is further ordered that a copy of this
assurance (LOA) to the U.S. Department Branch Agencies. We find that Redes’ Order shall be sent by return receipt
of Justice (DOJ), U.S. Department of failure to respond to our multiple requested to Redes Modernas de la
Homeland Security (DHS), and Federal requests demonstrates that it is unable Frontera SA de CV at its last known
Bureau of Investigation (FBI). The LOA to satisfy the LOA commitments, upon addresses. In addition, this Order shall
outlines a number of commitments which the Executive Branch Agencies be posted in the Commission’s Office of
made by Redes to address national relied in providing their non-objection the Secretary.
security, law enforcement, and public to the grant of the authorization to It is further ordered that a copy of this
safety concerns. Redes, and compliance with which is a Order, or a summary thereof, shall be
On April 13, 2016, DOJ with the condition of the grant of its published in the Federal Register.
concurrence of DHS (collectively, the international section 214 authorization. This Order is issued on delegated
‘‘Executive Branch Agencies’’) notified Furthermore, after having received an authority under 47 CFR 0.51, 0.261, and
the Commission of Redes’ non- international 214 authorization, a carrier is effective upon release. Petitions for
compliance with the conditions of its ‘‘is responsible for the continuing reconsideration under section 1.106 of
authorization and requested that the accuracy of the certifications made in its the Commission’s rules, 47 CFR 1.106,
Commission terminate, declare null and application’’ and must promptly correct or applications for review under section
void and no longer in effect, the information no longer accurate, ‘‘and in 1.115 of the Commission’s rules, 47 CFR
international section 214 authorization any event, within thirty (30) days.’’ 1.115, may be filed within 30 days of
issued to Redes. The Executive Branch Redes has failed to inform the the date of the release of this Order.
Agencies stated that on July 31, 2012, Commission of any changes in its Federal Communications Commission.
the designated point of contact informed business status of providing Denise Coca,
DHS that Redes is no longer in business international telecommunications
Chief, Telecommunications and Analysis
and open source research conducted by services, as required by the rules. Division, International Bureau.
DHS confirms this fact. In addition, the Finally, as part of its authorization,
[FR Doc. 2016–30402 Filed 12–16–16; 8:45 am]
Executive Branch Agencies stated that Redes ‘‘must file annual international
BILLING CODE P
Redes has not filed any of its telecommunications traffic and revenue
international traffic and revenue reports as required by § 43.62.’’ Section 43.62(b)
with the Commission since 2007. Based states that ‘‘[n]ot later than July 31 of FEDERAL COMMUNICATIONS
on this, the Executive Branch Agencies each year, each person or entity that COMMISSION
conclude that Redes is no longer holds an authorization pursuant to
providing services pursuant to its section 214 to provide international [DA 16–1322]
authorization. telecommunications service shall report
The Commission has made significant whether it provided international Order Declares IP To Go, LLC Section
efforts to communicate with Redes, but telecommunications services during the 214 Authorization Terminated
has also been unable to do so. On July preceding calendar year.’’ Our records AGENCY: Federal Communications
5, 2016, the International Bureau sent indicate that Redes failed to file annual Commission.
Redes a letter to the last addresses of international telecommunications traffic ACTION: Notice.
record requesting that Redes respond to and revenue reports indicating whether
the April 13, 2016 Executive Branch or not Redes provided services in 2014 SUMMARY: In this document, the
Letter by August 3, 2016. Redes did not and 2015, as required by section International Bureau of the Federal
respond. Since that time, the 43.62(b) of the Commission’s rules. Communications Commission
International Bureau has provided Redes’ failure to adhere to the (Commission) declares the international
Redes with additional opportunities to Commission’s rules designed to ensure section 214 authorization granted to IP
respond to these allegations. The its ability to communicate with the To Go, LLC (IPTG) terminated given
International Bureau stated that failure holder of the authorization and to verify IPTG’s inability to comply with an
to respond would result in termination the holder is still providing service also express condition for holding the
of Redes’ international section 214 warrants termination, wholly apart from authorization. It also concludes that
authorization for failure to comply with Redes’ non-compliance with the IPTG failed to comply with those
the condition of its authorization. To condition of its international section requirements of the Communications
date, Redes has not responded to any of 214 authorization. Act of 1934, as amended (the Act) and
the International Bureau or the the Commission’s rules that ensure that
Executive Branch Agencies’ multiple Ordering Clauses
the Commission can contact and
requests to resolve this matter. Accordingly, it is ordered, pursuant to communicate with the authorization
sections 4(i), 214, and 413 of the holder and verify IPTG is still providing
Discussion Communications Act of 1934, as service, which failures have prevented
We determine that Redes’ amended, 47 U.S.C. 154(i), 214, 413, any way of addressing IPTG’s inability
international section 214 authorization and sections 1.47(h), 43.62, 63.18, 63.21, to comply with the condition of its
to provide services issued under File 63.22(h), 63.23(e), and 64.1195 of the authorization.
No. ITC–214–20070515–00189 has Commission’s rules, 47 CFR 1.47(h),
terminated for inability to comply with FOR FURTHER INFORMATION CONTACT:
43.62, 63.18, 63.21, 63.22(h), 63.23(e),
an express condition for holding the 64.1195, that the international section Veronica Garcia-Ulloa,
international section 214 authorization. Telecommunications and Analysis
sradovich on DSK3GMQ082PROD with NOTICES
214 authorization issued under File No.
The International Bureau provided ITC–214–20070515–00189 is hereby Division, International Bureau at (202)
Redes with notice and opportunity to terminated and declared null and void. 418–0481 or Veronica.Garcia-
respond to the allegations in the April It is further ordered that the request of Ulloa@fcc.gov.
13, 2016 Executive Branch Letter the U.S. Department of Homeland SUPPLEMENTARY INFORMATION: This is a
concerning Redes’ non-compliance with Security and U.S. Department of Justice, summary of the Commission’s Order,
the condition of the grant. Redes has not is hereby granted, to the extent set forth DA 16–1322, adopted and released
responded to any of our multiple in this Order. November 30, 2016. The full text of this
VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1](https://thefederalregister.org/doc/81_FR_92175/page/2.svg)
Document Created: 2016-12-17 03:15:11
Document Modified: 2016-12-17 03:15:11
| 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. | |
| Contact | Veronica Garcia-Ulloa, Telecommunications and Analysis Division, International Bureau at (202) 418-0481 or [email protected] | |
| FR Citation | 81 FR 91932 |
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