82 FR 6549 - Acumen Communications

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range		6549-6550
FR Document		2017-01226

This document commences a hearing to determine whether Acumen Communications (Acumen) is qualified to be and to remain a Federal Communications Commission (Commission) licensee, and as a consequence thereof, whether any or all of its licenses should be revoked, and whether any or all of the applications to which Acumen is a party should be denied. As discussed more fully below, based on the totality of the evidence, there are substantial and material questions of fact as to whether Acumen repeatedly made misrepresentations to and lacked candor with the Commission in its submission of fifty applications in connection with various Wireless Radio Service authorizations.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)

[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6549-6550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01226]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 17-17; DA 17-33]


Acumen Communications

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document commences a hearing to determine whether Acumen 
Communications (Acumen) is qualified to be and to remain a Federal 
Communications Commission (Commission) licensee, and as a consequence 
thereof, whether any or all of its licenses should be revoked, and 
whether any or all of the applications to which Acumen is a party 
should be denied. As discussed more fully below, based on the totality 
of the evidence, there are substantial and material questions of fact 
as to whether Acumen

[[Page 6550]]

repeatedly made misrepresentations to and lacked candor with the 
Commission in its submission of fifty applications in connection with 
various Wireless Radio Service authorizations.

DATES: Each party to the proceeding (except for the Chief, Enforcement 
Bureau), in person or by counsel, shall file with the Commission, by 
January 30, 2017, a written appearance stating that the party will 
appear on the date fixed for hearing and present evidence on the issues 
specified herein.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Pamela Kane, Special Counsel, 
Enforcement Bureau, (202) 418-2393.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
to Show Cause, Hearing Designation Order and Notice of Opportunity for 
Hearing (Order) in WT Docket No. 17-17, DA 17-33, adopted on January 9, 
2017, and released on January 10, 2017. The full text of the Order is 
available for inspection and copying during regular business hours in 
the FCC Reference Center, 445 12th Street SW., Room CY-A257, Portals 
II, Washington, DC 20554. This document is available in alternative 
formats (computer diskette, large print, audio record, and Braille). 
Persons with disabilities who need documents in these formats may 
contact the FCC by email: [email protected] or phone: 202-418-0530 or TTY: 
202-418-0432.

Synopsis

    1. In this Order, the Commission commences a hearing proceeding 
before a Commission Administrative Law Judge to determine whether the 
pending applications of Acumen Communications should be granted, and 
whether Acumen's licenses should be revoked. Acumen represented to the 
Commission in fifty (50) license applications that no party directly or 
indirectly controlling Acumen has ever been convicted of a felony by 
any state or federal court. The information before us indicates that 
Hector Manuel Mosquera, a party directly or indirectly controlling 
Acumen, was convicted of a felony by a state court in California. The 
evidence further indicates that Mr. Mosquera signed Acumen's 
applications in which Acumen answered ``N'' to the felony question.
    2. Accordingly, it is ordered, pursuant to sections 309(e), 
312(a)(1), 312(a)(2), 312(a)(4), and 312(c) of the Act, 47 U.S.C. 
309(e), 312(a)(1), 312(a)(2), 312(a)(4), and 312(c), that Acumen 
Communications shall show cause why the authorizations for which it is 
the licensee set forth in Attachment A should not be revoked, and that 
the above-captioned applications filed by Acumen Communications are 
designated for hearing in a consolidated proceeding before an FCC 
Administrative Law Judge, at a time and place to be specified in a 
subsequent Order, upon the following issues:
    (a) To determine whether Hector Manuel Mosquera directly or 
indirectly controls Acumen.
    (b) To determine whether Acumen engaged in misrepresentation and/or 
lack of candor in its applications with the Commission.
    (c) To determine whether Acumen failed to amend its pending 
applications, in willful and/or repeated violation of section 1.65 of 
the Commission's rules.
    (d) To determine, in light of the evidence adduced pursuant to the 
foregoing issues, whether Acumen is qualified to be and remain a 
Commission licensee.
    (e) To determine, in light of the foregoing issues, whether the 
authorizations for which Acumen is the licensee should be revoked.
    (f) To determine, in light of the foregoing issues, whether the 
captioned applications filed by or on behalf of Acumen should be 
granted.
    3. It is further ordered that, in addition to the resolution of the 
foregoing issues, it shall be determined, pursuant to section 503(b)(1) 
of the Act, 47 U.S.C. 503(b)(1), whether an order of forfeiture should 
be issued against Acumen in an amount not to exceed the statutory limit 
for the willful and/or repeated violation of each rule section above 
for which the statute of limitations in section 503(b)(6) of the Act, 
47 U.S.C. 503(b)(6), has not lapsed.
    4. It is further ordered that, pursuant to section 312(c) of the 
Act and sections 1.91(c) and 1.221 of the rules, 47 U.S.C. 312(c) and 
47 CFR 1.91(c) and 1.221, to avail itself of the opportunity to be 
heard and to present evidence at a hearing in this proceeding, Acumen, 
in person or by an attorney, shall file with the Commission, within 20 
calendar days of the release of this Order, a written appearance 
stating that it will appear at the hearing and present evidence on the 
issues specified above.
    5. It is further ordered that, pursuant to section 1.91 of the 
rules, 47 CFR 1.91, if Acumen fails to file a timely appearance, its 
right to a hearing shall be deemed to be waived. In the event the right 
to a hearing is waived, the Chief Administrative Law Judge (or 
presiding officer if one has been designated) shall, at the earliest 
practicable date, issue an order reciting the events or circumstances 
constituting a waiver of hearing, terminating the hearing proceeding, 
and certifying the case to the Commission. In addition, pursuant to 
section 1.221 of the Commission's rules, 47 CFR 1.221, if any applicant 
to any of the captioned applications fails to file a timely written 
appearance, the captioned application shall be dismissed with prejudice 
for failure to prosecute.
    6. It is further ordered that the Chief, Enforcement Bureau, shall 
be made a party to this proceeding without the need to file a written 
appearance.
    7. It is further ordered that pursuant to section 312(d) of the 
Act, 47 U.S.C. 312(d), and section 1.91(d) of the Commission's rules, 
47 CFR 1.91(d), the burden of proceeding with the introduction of 
evidence and the burden of proof shall be upon the Enforcement Bureau 
as to the issues at 15(a)-(e), above, and that, pursuant to section 
309(e) of the Act, 47 U.S.C. 309(e), and section 1.254 of the 
Commission's rules, 47 CFR 1.254, the burden of proceeding with the 
introduction of evidence and the burden of proof shall be upon Acumen 
as to the issue at 15(f), above.
    8. It is further ordered that Mobile Relay Associates shall be made 
a party to this hearing in its capacity as a petitioner to one or more 
of the captioned applications.
    9. It is further ordered that a copy of this document, or a summary 
thereof, shall be published in the Federal Register.

Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division.
[FR Doc. 2017-01226 Filed 1-18-17; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices 6549

Eligibility ability to make loans and subgrants for in-sourcing of manufacturing capacity
In order to be considered for cleanups that can be started and and keeping and/or adding jobs, or
supplemental funding, grantees must completed expeditiously (i.e., ‘‘shovel- otherwise creating jobs, in the affected
demonstrate that they have significantly ready’’ projects) and will lead to area; or will benefit a community that
depleted funds (both EPA grant funding redevelopment; demonstrated the has been identified as part of EPA’s
and any available pre- or post-closeout existence of additional leveraged funds Cross Agency Strategy on Working to
program income) and that they have a to complete the project in a timely Make a Visible Difference in
clear plan for quickly utilizing manner and move quickly from cleanup Communities. EPA encourages
requested additional funds. Grantees to redevelopment, including the use of innovative approaches to maximizing
must demonstrate that they have made tax incentives such as new market tax revolving and leveraging with other
at least one loan or subgrant prior to credits, direct funding or other funds, including use of grants funds as
applying for this supplemental funding resources to advance the project to a loan loss guarantee, combining with
and have significantly depleted existing completion; demonstrated the ability to other government or private sector
available funds. For FY2017, EPA administer and revolve the lending resources. Applicants for
defines ‘‘significantly depleted funds’’ capitalization funding in the RLF grant; supplemental funding must contact the
as $400,000 or less remaining demonstrated an ability to use the RLF appropriate Regional Brownfields
unliquidated obligations from all of the grant to address funding gaps for Coordinator below to obtain information
EPA RLF grant funding and available cleanup; and demonstrated that they on the format for supplemental funding
pre- or post-closeout program income have provided a community benefit applications for their region. When
from all the open or closed EPA RLF from past and potential loan(s) and/or requesting supplemental funding,
grants. Additionally, the RLF recipient subgrant(s). Special consideration may applicants must specify whether they
must have demonstrated a need for be given to those communities affected are seeking funding for sites
supplemental funding based on, among by plant closures or other economic contaminated by hazardous substances
other factors, the number of sites that disruptions; can demonstrate projects or petroleum. Applicants may request
will be addressed; demonstrated the that have a clear prospect of aiding the both types of funding.

REGIONAL CONTACTS
Region States Address/phone number/email

EPA Region 1, Frank Gardner, Gardner.Frank@epa.gov ... CT, ME, MA, NH, RI, VT ..... 5 Post Office Square, Boston, MA 02109–3912,
Phone (617) 918–1278, Fax (617) 918–0278.
EPA Region 2, Benny Hom, Hom.Benny@epa.gov ............ NJ, NY, PR, VI ..................... 290 Broadway, 18th Floor, New York, NY 10007,
Phone (212) 637–3964, Fax (212) 637–3083.
EPA Region 3, Tom Stolle, Stolle.Tom@epa.gov ................ DE, DC, MD, PA, VA, WV ... 1650 Arch Street, Mail Code 3HS51, Philadelphia,
Pennsylvania 19103–2029, Phone (215) 814–
3129, Fax (215) 814–3015.
EPA Region 4, Wanda Jennings, Jennings.Wanda@ AL, FL, GA, KY, MS, NC, Atlanta Federal Center, 61 Forsyth Street SW., 10th
epa.gov. SC, TN. Fl., Atlanta, GA 30303–8960, Phone (404) 562–
8682, Fax (404) 562–8761.
EPA Region 5, Keary Cragan, Cragan.Keary@epa.gov ...... IL, IN, MI, MN, OH, WI ........ 77 West Jackson Boulevard, Mail Code SB–5J, Chi-
cago, Illinois 60604–3507, Phone (312) 353–
5669, Fax (312) 886–7190.
EPA Region 6, Mary Kemp, Kemp.Mary@epa.gov ............. AR, LA, NM, OK, TX ............ 1445 Ross Avenue, Suite 1200 (6SF–PB), Dallas,
Texas 75202–2733, Phone (214) 665–8358, Fax
(214) 665–6660.
EPA Region 7, Susan Klein, R7_Brownfields@epa.gov ...... IA, KS, MO, NE .................... 11201 Renner Blvd., Lenexa, Kansas 66219, Phone
(913) 551–7786, Fax (913) 551–8688.
EPA Region 8, Ted Lanzano, Lanzano.Ted@epa.gov ........ CO, MT, ND, SD, UT, WY ... 1595 Wynkoop Street (EPR–B), Denver, CO
80202–1129, Phone (303) 312–6596, Fax (303)
312–6065.
EPA Region 9, Noemi Emeric-Ford, Emeric-Ford.Noemi@ AZ, CA, HI, NV, AS, GU ...... 75 Hawthorne Street, WST–8, San Francisco, CA
epa.gov. 94105, Phone (213) 244–1821, Fax (415) 972–
3364.
EPA Region 10, Susan Morales, Morales.Susan@epa.gov AK, ID, OR, WA ................... 1200 Sixth Avenue, Suite 900, Mailstop: ECL–112
Seattle, WA 98101, Phone (206) 553–7299, Fax
(206) 553–0124.

Dated: January 3, 2017. FEDERAL COMMUNICATIONS Communications (Acumen) is qualified
David R. Lloyd, COMMISSION to be and to remain a Federal
Director, Office of Brownfields and Land Communications Commission
[WT Docket No. 17–17; DA 17–33] (Commission) licensee, and as a
Revitalization, Office of Land and Emergency
consequence thereof, whether any or all
mstockstill on DSK3G9T082PROD with NOTICES

Management. Acumen Communications
[FR Doc. 2017–00448 Filed 1–18–17; 8:45 am] of its licenses should be revoked, and
AGENCY: Federal Communications whether any or all of the applications to
BILLING CODE 6560–50–P
Commission. which Acumen is a party should be
ACTION: Notice. denied. As discussed more fully below,
based on the totality of the evidence,
SUMMARY: This document commences a there are substantial and material
hearing to determine whether Acumen questions of fact as to whether Acumen

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Document Created: 2018-02-01 15:15:21
Document Modified: 2018-02-01 15:15:21

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		Each party to the proceeding (except for the Chief, Enforcement Bureau), in person or by counsel, shall file with the Commission, by January 30, 2017, a written appearance stating that the party will appear on the date fixed for hearing and present evidence on the issues specified herein.
Contact		Pamela Kane, Special Counsel, Enforcement Bureau, (202) 418-2393.
FR Citation		82 FR 6549