81 FR 9466 - Order Declares Ocean Technology Limited's International Section 214 Authorization Terminated
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 37 (February 25, 2016)
Federal Register Volume 81, Issue 37 (February 25, 2016)
| Page Range | 9466-9467 | |
| FR Document | 2016-03939 |
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)] [Notices] [Pages 9466-9467] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03939] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [DA 16-105] Order Declares Ocean Technology Limited's International Section 214 Authorization Terminated AGENCY: Federal Communications Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In this document, the International Bureau declares the international section 214 authorization granted to Ocean Technology Limited (Ocean) terminated given Ocean's inability to comply with the express condition for holding the authorization. We also conclude that Ocean 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 Ocean is still providing service, which failures have prevented any way of addressing Ocean's inability to comply with the condition of its authorization. FOR FURTHER INFORMATION CONTACT: Cara Grayer, Telecommunications and Analysis Division, International Bureau, at (202) 418-2960 or [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, DA 16-105, adopted and released January 29, 2016. Background On July 17, 2013, the International Bureau granted Ocean an international section 214 authorization to provide global or limited global facility-based service and global or limited global resale service 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 Ocean abide by the commitments and undertakings contained in its Letter of Assurance (LOA) to the Department of Justice (DOJ), the Federal Bureau of Investigation, the Drug Enforcement Agency, and the U.S. Marshals Service (collectively, the Executive Branch Agencies) dated July 16, 2013. On July 1, 2015, the Executive Branch Agencies notified the Commission of Ocean's non- compliance with the conditions of its authorization and requested that the Commission terminate, and declare null and void and no longer in effect, the international section 214 authorization issued to Ocean. The Executive Branch Agencies indicated that open-source searches suggest that Ocean was still in operation and providing services, however, ``every attempt by the DOJ to communicate with Ocean regarding its LOA compliance has resulted in failure.'' The Executive Branch Agencies added that Ocean's former legal counsel has not been in contact with Ocean since July 2014 and was also unable to contact Ocean. Based on this, the Executive Branch Agencies stated that they are ``wholly unable to evaluate Ocean's compliance with the LOA, and must consider Ocean to be non-compliant.'' The Commission has made significant efforts to communicate with Ocean, but has also been unable to do so. On August 25, 2015, the International Bureau sent Ocean a letter to the last addresses of record requesting that Ocean respond to the July 1, 2015 Executive Branch Letter within 30 days of the letter, by September 24, 2015. Ocean did not respond. Since that time, the International Bureau has provided Ocean with additional opportunities to respond to these allegations. The International Bureau stated that failure to respond would result in termination of Ocean's international section 214 authorization for failure to comply with conditions of its authorization. In Ocean's 2012 application, Ocean stated it was incorporated in Delaware, and according to the Delaware Secretary of State, the service of process received for Ocean cannot be forwarded because ``the party served is not qualified to do business in the jurisdiction served.'' To date, Ocean has not responded to any of the International Bureau or the Executive Branch Agencies' multiple requests to resolve this matter. Discussion We determine that Ocean's international section 214 authorization to provide international services issued under File No. ITC-214- 20121210-00323 has terminated for inability to comply with an express condition for holding the section 214 international authorization. The International Bureau has provided Ocean with notice and opportunity to respond to the allegations in the July 1, 2015 Executive Branch Letter concerning Ocean's non-compliance with the condition of the grant. Ocean has not responded to any of our multiple requests or requests from the Executive Branch Agencies. We find that Ocean's failure to respond to our multiple requests demonstrates that it is unable to satisfy the LOA conditions, upon which the Executive Branch Agencies gave their non-objection to the grant of the authorization to Ocean, and which is a condition of the grant 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.'' Ocean has failed to inform the Commission of any changes in its business status of providing international telecommunications services, as required by the rules. Nor is there any record of Ocean 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 17, 2013. Finally, as part of its authorization, Ocean ``must file annual international telecommunications traffic and revenue as required by section 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 Ocean failed to file an annual international telecommunications traffic and revenue report indicating whether or not Ocean provided services in 2014, as required by section 43.62(b) of the Commission's rules. In these circumstances, and in light of Ocean's failure to respond to the Commission's rules designed to ensure its ability to communicate with the holder of the authorization, also warrants termination wholly apart from demonstrating Ocean's inability to satisfy the LOA conditions of its 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 214 authorization issued under File No. ITC-214-20121210-00323 is hereby terminated and declared null and void. [[Page 9467]] It is further ordered that the request of the U.S. Department of Justice, the Federal Bureau of Investigation, the Drug Enforcement Agency, and the U.S. Marshals Service, 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 Ocean Technology Limited at its last known addresses. 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. 2016-03939 Filed 2-24-16; 8:45 am] BILLING CODE 6712-01-P
![9466 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
Dated: February 19, 2016. notified the Commission of Ocean’s from the Executive Branch Agencies.
Wendy M. Payne, non-compliance with the conditions of We find that Ocean’s failure to respond
Executive Director. its authorization and requested that the to our multiple requests demonstrates
[FR Doc. 2016–03965 Filed 2–24–16; 8:45 am] Commission terminate, and declare null that it is unable to satisfy the LOA
BILLING CODE 1610–02–P
and void and no longer in effect, the conditions, upon which the Executive
international section 214 authorization Branch Agencies gave their non-
issued to Ocean. The Executive Branch objection to the grant of the
Agencies indicated that open-source authorization to Ocean, and which is a
FEDERAL COMMUNICATIONS
searches suggest that Ocean was still in condition of the grant of its section 214
COMMISSION
operation and providing services, authorization.
[DA 16–105] however, ‘‘every attempt by the DOJ to Furthermore, after having received an
communicate with Ocean regarding its international 214 authorization, a carrier
Order Declares Ocean Technology LOA compliance has resulted in ‘‘is responsible for the continuing
Limited’s International Section 214 failure.’’ The Executive Branch Agencies accuracy of the certifications made in its
Authorization Terminated added that Ocean’s former legal counsel application’’ and must promptly correct
AGENCY: Federal Communications has not been in contact with Ocean information no longer accurate, ‘‘and, in
Commission. since July 2014 and was also unable to any event, within thirty (30) days.’’
contact Ocean. Based on this, the Ocean has failed to inform the
ACTION: Notice.
Executive Branch Agencies stated that Commission of any changes in its
SUMMARY: In this document, the they are ‘‘wholly unable to evaluate business status of providing
International Bureau declares the Ocean’s compliance with the LOA, and international telecommunications
international section 214 authorization must consider Ocean to be non- services, as required by the rules. Nor is
granted to Ocean Technology Limited compliant.’’ there any record of Ocean having
(Ocean) terminated given Ocean’s The Commission has made significant complied with section 413 of the Act
inability to comply with the express efforts to communicate with Ocean, but and the Commission’s rules requiring it
condition for holding the authorization. has also been unable to do so. On to designate an agent for service after
We also conclude that Ocean failed to August 25, 2015, the International receiving its authorization on July 17,
comply with those requirements of the Bureau sent Ocean a letter to the last 2013. Finally, as part of its
Communications Act of 1934, as addresses of record requesting that authorization, Ocean ‘‘must file annual
amended (the Act) and the Ocean respond to the July 1, 2015 international telecommunications traffic
Commission’s rules that ensure that the Executive Branch Letter within 30 days and revenue as required by section
Commission can contact and of the letter, by September 24, 2015. 43.62.’’ Section 43.62(b) states that
communicate with the authorization Ocean did not respond. Since that time, ‘‘[n]ot later than July 31 of each year,
holder and verify Ocean is still the International Bureau has provided each person or entity that holds an
providing service, which failures have Ocean with additional opportunities to authorization pursuant to section 214 to
prevented any way of addressing respond to these allegations. The provide international
Ocean’s inability to comply with the International Bureau stated that failure telecommunications service shall report
condition of its authorization. to respond would result in termination whether it provided international
of Ocean’s international section 214 telecommunications services during the
FOR FURTHER INFORMATION CONTACT: Cara
authorization for failure to comply with preceding calendar year.’’ Our records
Grayer, Telecommunications and
conditions of its authorization. In indicate that Ocean failed to file an
Analysis Division, International Bureau,
Ocean’s 2012 application, Ocean stated annual international
at (202) 418–2960 or Cara.Grayer@
it was incorporated in Delaware, and telecommunications traffic and revenue
fcc.gov.
according to the Delaware Secretary of report indicating whether or not Ocean
SUPPLEMENTARY INFORMATION: This is a State, the service of process received for provided services in 2014, as required
summary of the Commission’s Order, Ocean cannot be forwarded because by section 43.62(b) of the Commission’s
DA 16–105, adopted and released ‘‘the party served is not qualified to do rules. In these circumstances, and in
January 29, 2016. business in the jurisdiction served.’’ To light of Ocean’s failure to respond to the
Background date, Ocean has not responded to any of Commission’s rules designed to ensure
the International Bureau or the its ability to communicate with the
On July 17, 2013, the International Executive Branch Agencies’ multiple holder of the authorization, also
Bureau granted Ocean an international requests to resolve this matter. warrants termination wholly apart from
section 214 authorization to provide demonstrating Ocean’s inability to
global or limited global facility-based Discussion
satisfy the LOA conditions of its
service and global or limited global We determine that Ocean’s authorization.
resale service in accordance with international section 214 authorization
section 63.18(e)(1) and 63.18(e)(2) of the to provide international services issued Ordering Clauses
Commission’s rules. The International under File No. ITC–214–20121210– Accordingly, it is ordered, pursuant to
Bureau granted the application on the 00323 has terminated for inability to sections 4(i), 214, and 413 of the
express condition that Ocean abide by comply with an express condition for Communications Act of 1934, as
the commitments and undertakings holding the section 214 international amended, 47 U.S.C. 154(i), 214, 413,
mstockstill on DSK4VPTVN1PROD with NOTICES
contained in its Letter of Assurance authorization. The International Bureau and sections 1.47(h), 43.62, 63.18, 63.21,
(LOA) to the Department of Justice has provided Ocean with notice and 63.22(h), 63.23(e), and 64.1195 of the
(DOJ), the Federal Bureau of opportunity to respond to the Commission’s rules, 47 CFR 1.47(h),
Investigation, the Drug Enforcement allegations in the July 1, 2015 Executive 43.62, 63.18, 63.21, 63.22(h), 63.23(e),
Agency, and the U.S. Marshals Service Branch Letter concerning Ocean’s non- 64.1195, that the international 214
(collectively, the Executive Branch compliance with the condition of the authorization issued under File No.
Agencies) dated July 16, 2013. On July grant. Ocean has not responded to any ITC–214–20121210–00323 is hereby
1, 2015, the Executive Branch Agencies of our multiple requests or requests terminated and declared null and void.
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![Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices 9467
It is further ordered that the request of A. Federal Reserve Bank of San Novel Laboratories, Inc.—Consent
the U.S. Department of Justice, the Francisco (Gerald C. Tsai, Director, Agreement; File No. 151–0202’’ on your
Federal Bureau of Investigation, the Applications and Enforcement), 101 comment and on the envelope, and mail
Drug Enforcement Agency, and the U.S. Market Street, San Francisco, California your comment to the following address:
Marshals Service, IS HEREBY 94105–1579: Federal Trade Commission, Office of the
GRANTED, to the extent set forth in this 1. H Bancorp LLC, Irvine, California; Secretary, 600 Pennsylvania Avenue
Order. to merge with Hopkins Bancorp, Inc., NW., Suite CC–5610 (Annex D),
It is further ordered that a copy of this Baltimore, Maryland, and thereby Washington, DC 20580, or deliver your
Order shall be sent by return receipt indirectly acquire Hopkins Federal comment to the following address:
requested to Ocean Technology Limited Savings Bank, Baltimore, Maryland. Federal Trade Commission, Office of the
at its last known addresses. Upon acquisition, Hopkins Federal Secretary, Constitution Center, 400 7th
It is further ordered that a copy of this Savings Bank will merge into Bay Bank, Street SW., 5th Floor, Suite 5610
Order, or a summary thereof, shall be FSB, Lutherville Timonium, Maryland, (Annex D), Washington, DC 20024.
published in the Federal Register. a wholly-owned subsidiary of Bay FOR FURTHER INFORMATION CONTACT: Kari
This Order is issued on delegated Bancorp, Inc. Wallace, (202–326–3085), Bureau of
authority under 47 CFR 0.51, 0.261, and In connection with this application, Competition, 600 Pennsylvania Avenue
is effective upon release. Petitions for Applicant also has applied to acquire to NW., Washington, DC 20580.
reconsideration under section 1.106 of acquire 51 percent of iReverse Home
SUPPLEMENTARY INFORMATION: Pursuant
the Commission’s rules, 47 CFR 1.106, Loans, LLC, Owings Mill, Maryland,
to Section 6(f) of the Federal Trade
or applications for review under section and thereby engage in activities related
Commission Act, 15 U.S.C. 46(f), and
1.115 of the Commission’s rules, 47 CFR to extending credit, pursuant to sections
FTC Rule 2.34, 16 CFR 2.34, notice is
1.115, may be filed within 30 days of 225.28(b)(1) and (b)(2) of Regulation Y.
hereby given that the above-captioned
the date of the release of this Order. Board of Governors of the Federal Reserve consent agreement containing a consent
Federal Communications Commission. System, February 22, 2016. order to cease and desist, having been
Denise Coca, Michael J. Lewandowski, filed with and accepted, subject to final
Chief, Telecommunications and Analysis Associate Secretary of the Board. approval, by the Commission, has been
Division, International Bureau. [FR Doc. 2016–04059 Filed 2–24–16; 8:45 am] placed on the public record for a period
[FR Doc. 2016–03939 Filed 2–24–16; 8:45 am] BILLING CODE 6210–01–P of thirty (30) days. The following
BILLING CODE 6712–01–P
Analysis to Aid Public Comment
describes the terms of the consent
FEDERAL TRADE COMMISSION agreement, and the allegations in the
complaint. An electronic copy of the
FEDERAL RESERVE SYSTEM [File No. 151–0202]
full text of the consent agreement
Notice of Proposals To Engage in or Lupin Ltd., Gavis Pharmaceuticals package can be obtained from the FTC
To Acquire Companies Engaged in LLC, and Novel Laboratories, Inc.; Home Page (for February 19, 2016), on
Permissible Nonbanking Activities Analysis To Aid Public Comment the World Wide Web, at http://www.ftc.
gov/os/actions.shtm.
The companies listed in this notice AGENCY: Federal Trade Commission. You can file a comment online or on
have given notice under section 4 of the ACTION: Proposed consent agreement. paper. For the Commission to consider
Bank Holding Company Act (12 U.S.C. your comment, we must receive it on or
1843) (BHC Act) and Regulation Y, (12 SUMMARY: The consent agreement in this before March 22, 2016. Write ‘‘In the
CFR part 225) to engage de novo, or to matter settles alleged violations of Matter of Lupin Ltd., Gavis
acquire or control voting securities or federal law prohibiting unfair methods Pharmaceuticals LLC, and Novel
assets of a company, including the of competition. The attached Analysis to Laboratories, Inc.—Consent Agreement;
companies listed below, that engages Aid Public Comment describes both the File No. 151–0202’’ on your comment.
either directly or through a subsidiary or allegations in the draft complaint and Your comment—including your name
other company, in a nonbanking activity the terms of the consent orders— and your state—will be placed on the
that is listed in § 225.28 of Regulation Y embodied in the consent agreement— public record of this proceeding,
(12 CFR 225.28) or that the Board has that would settle these allegations. including, to the extent practicable, on
determined by Order to be closely DATES: Comments must be received on the public Commission Web site, at
related to banking and permissible for or before March 22, 2016. http://www.ftc.gov/os/public
bank holding companies. Unless ADDRESSES: Interested parties may file a comments.shtm. As a matter of
otherwise noted, these activities will be comment at https://ftcpublic.comment discretion, the Commission tries to
conducted throughout the United States. works.com/ftc/lupingavisnovelconsent remove individuals’ home contact
Each notice is available for inspection online or on paper, by following the information from comments before
at the Federal Reserve Bank indicated. instructions in the Request for Comment placing them on the Commission Web
The notice also will be available for part of the SUPPLEMENTARY INFORMATION site.
inspection at the offices of the Board of section below. Write ‘‘In the Matter of Because your comment will be made
Governors. Interested persons may Lupin Ltd., Gavis Pharmaceuticals LLC, public, you are solely responsible for
express their views in writing on the and Novel Laboratories, Inc.—Consent making sure that your comment does
mstockstill on DSK4VPTVN1PROD with NOTICES
question whether the proposal complies Agreement; File No. 151–0202’’ on your not include any sensitive personal
with the standards of section 4 of the comment and file your comment online information, like anyone’s Social
BHC Act. at https://ftcpublic.commentworks.com/ Security number, date of birth, driver’s
Unless otherwise noted, comments ftc/lupingavisnovelconsent by following license number or other state
regarding the notices must be received the instructions on the web-based form. identification number or foreign country
at the Reserve Bank indicated or the If you prefer to file your comment on equivalent, passport number, financial
offices of the Board of Governors not paper, write ‘‘In the Matter of Lupin account number, or credit or debit card
later than March 21, 2016. Ltd., Gavis Pharmaceuticals LLC, and number. You are also solely responsible
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Document Created: 2018-02-02 14:34:59
Document Modified: 2018-02-02 14:34:59
| 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 | Cara Grayer, Telecommunications and Analysis Division, International Bureau, at (202) 418-2960 or [email protected] | |
| FR Citation | 81 FR 9466 |
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