83 FR 23680 - Metro Two-Way, LLC; Notice of Hearing

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 99 (May 22, 2018)

Page Range		23680-23681
FR Document		2018-10925

This document commences a hearing to determine whether Metro Two-Way, LLC (Metro) 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 its pending application 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 Metro repeatedly made misrepresentations to and lacked candor with the Commission in its submission of several applications in connection with various Wireless Radio Service authorizations.

Federal Register, Volume 83 Issue 99 (Tuesday, May 22, 2018)

[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Notices]
[Pages 23680-23681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10925]


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FEDERAL COMMUNICATIONS COMMISSION

[WTB Docket No. 18-133; DA 18-454]


Metro Two-Way, LLC; Notice of Hearing

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document commences a hearing to determine whether Metro 
Two-Way, LLC (Metro) 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 its pending application 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 Metro 
repeatedly made misrepresentations to and lacked candor with the 
Commission in its submission of several 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 
May 23, 2018, a written appearance stating that the party will appear 
on the date fixed for hearing and present evidence on the issues 
specified herein.

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 WTB Docket No. 18-133, DA 18-454, adopted on May 2, 
2018, and released on May 3, 2018. 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 application of Metro Two-Way, LLC should be granted, and 
whether Metro's licenses should be revoked. Metro represented to the 
Commission in five license applications that no party directly or 
indirectly controlling Metro 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 Metro, was 
convicted of a felony by a state court in California.
    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), 312(c), that Metro Two-Way, 
LLC shall show cause why the authorizations for which it is the 
licensee set forth in Attachment A should not be revoked, and that the

[[Page 23681]]

above-captioned application filed by Metro Two-Way, LLC is designated 
for a 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 Metro.
    (b) To determine whether Metro engaged in misrepresentation and/or 
lack of candor in its applications with the Commission.
    (c) To determine whether Metro failed to amend its pending 
application, 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 Metro is qualified to be and remain a 
Commission licensee.
    (e) To determine, in light of the foregoing issues, whether the 
authorizations for which Metro is the licensee should be revoked.
    (f) To determine, in light of the foregoing issues, whether the 
captioned application filed by or on behalf of Metro 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 Metro 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), 1.221, to avail itself of the opportunity to be heard 
and to present evidence at a hearing in this proceeding, Metro, 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 Metro 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 the captioned application 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 Metro 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 the 
captioned application.
    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. 2018-10925 Filed 5-21-18; 8:45 am]
 BILLING CODE 6712-01-P

23680 Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices

further reduce the information carriers or switch-based resellers (SBRs) be denied. As discussed more fully
collection burden on small business from whose switches such calls are below, based on the totality of the
concerns with fewer than 25 employees. completed; (2) define these responsible evidence, there are substantial and
OMB Control Number: 3060–1046. carriers as ‘‘Completing Carriers’’ and material questions of fact as to whether
Title: Part 64, Modernization of require them to develop their own Metro repeatedly made
Payphone Compensation Rules, et al., system of tracking calls to completion; misrepresentations to and lacked candor
WC Docket No. 17–141, et al. (3) require Completing Carriers to file with the Commission in its submission
Form Number: N/A. with PSPs a quarterly report and also of several applications in connection
Type of Review: Revision of a submit an attestation by the chief with various Wireless Radio Service
currently approved collection. financial officer (CFO) that the payment authorizations.
Respondents: Business or other for- amount for that quarter is accurate and DATES: Each party to the proceeding
profit. is based on 100% of all completed calls;
Number of Respondents and (except for the Chief, Enforcement
(4) require quarterly reporting Bureau), in person or by counsel, shall
Responses: 329 respondents; 2,257 obligations for other facilities-based
responses. file with the Commission, by May 23,
long distance carriers in the call path, if 2018, a written appearance stating that
Estimated Time per Response: 0.50 any, and define these carriers as
hours–122 hours. the party will appear on the date fixed
‘‘Intermediate Carriers;’’ and (5) give for hearing and present evidence on the
Frequency of Response: On occasion,
parties flexibility to agree to alternative issues specified herein.
one-time, and quarterly reporting
compensation arrangements (ACA) so FOR FURTHER INFORMATION CONTACT:
requirements; third party disclosure
that small Completing Carriers may Pamela Kane, Special Counsel,
requirements; and recordkeeping
avoid the expense of instituting a Enforcement Bureau, (202) 418–2393.
requirement.
tracking system. and undergoing an
Obligation to Respond: Required to SUPPLEMENTARY INFORMATION: This is a
audit. On February 22, 2018, the
obtain or retain benefits. Statutory summary of the Commission’s Order to
Commission adopted a Report and
authority for this information collection Show Cause, Hearing Designation Order
Order, FCC 18–21 (2018 Payphone
is contained in 47 U.S.C. 151, 154 and and Notice of Opportunity for Hearing
Order), that: (1) Eliminated the
276. (Order) in WTB Docket No. 18–133, DA
Total Annual Burden: 34,720 hours. payphone call tracking system audit and
18–454, adopted on May 2, 2018, and
Total Annual Cost: No cost. associated reporting requirements; (2)
released on May 3, 2018. The full text
Privacy Act Impact Assessment: No permitted a company official, including
of the Order is available for inspection
impact(s). but no longer limited to, the chief
and copying during regular business
Nature and Extent of Confidentiality: financial officer (CFO), to certify that a
hours in the FCC Reference Center, 445
The Commission is not requesting Completing Carrier’s quarterly
12th Street SW, Room CY–A257, Portals
respondents to submit confidential compensation payments to PSPs are
II, Washington, DC 20554. This
information. Respondents may request accurate and complete; and (3)
document is available in alternative
confidential treatment of their eliminated expired interim and
formats (computer diskette, large print,
information that they believe to be intermediate per-payphone
audio record, and Braille). Persons with
confidential pursuant to 47 CFR 0.459 of compensation rules that no longer apply
disabilities who need documents in
the Commission’s rules. to any entity. We believe that the
these formats may contact the FCC by
Needs and Uses: Section 276 of the revisions adopted in the 2018 Payphone
email: FCC504@fcc.gov or phone: 202–
Communications Act, as amended (the Order significantly decrease the
418–0530 or TTY: 202–418–0432.
Act), requires that the Federal paperwork burden on carriers.
Communications Commission Federal Communications Commission. Synopsis
(Commission or FCC) establish rules Marlene Dortch, 1. In this Order, the Commission
ensuring that payphone service Secretary, Office of the Secretary. commences a hearing proceeding before
providers or PSPs are ‘‘fairly [FR Doc. 2018–10813 Filed 5–21–18; 8:45 am] a Commission Administrative Law
compensated’’ for each and every Judge to determine whether the pending
BILLING CODE 6712–01–P
completed payphone-originated call. application of Metro Two-Way, LLC
The Commission’s Payphone should be granted, and whether Metro’s
Compensation Rules satisfy section 276 FEDERAL COMMUNICATIONS licenses should be revoked. Metro
by identifying the party liable for COMMISSION represented to the Commission in five
compensation and establishing a license applications that no party
mechanism for PSPs to be paid. A 2003 [WTB Docket No. 18–133; DA 18–454] directly or indirectly controlling Metro
Report and Order (FCC 03–235) has ever been convicted of a felony by
established detailed rules (Payphone Metro Two-Way, LLC; Notice of
any state or federal court. The
Compensation Rules) ensuring that Hearing
information before us indicates that
payphone service providers or PSPs are AGENCY: Federal Communications Hector Manuel Mosquera, a party
‘‘fairly compensated’’ for each and every Commission. directly or indirectly controlling Metro,
completed payphone-originated call ACTION: Notice. was convicted of a felony by a state
pursuant to section 276 of the court in California.
Communications Act, as amended (the SUMMARY: This document commences a 2. Accordingly, it is ordered, pursuant
Act). The Payphone Compensation hearing to determine whether Metro to sections 309(e), 312(a)(1), 312(a)(2),
amozie on DSK3GDR082PROD with NOTICES1

Rules satisfy section 276 by identifying Two-Way, LLC (Metro) is qualified to be 312(a)(4), and 312(c) of the Act, 47
the party liable for compensation and and to remain a Federal U.S.C. 309(e), 312(a)(1), 312(a)(2),
establishing a mechanism for PSPs to be Communications Commission 312(a)(4), 312(c), that Metro Two-Way,
paid. The Payphone Compensation (Commission) licensee, and as a LLC shall show cause why the
Rules: (1) Place liability to compensate consequence thereof, whether any or all authorizations for which it is the
PSPs for payphone-originated calls on of its licenses should be revoked, and licensee set forth in Attachment A
the facilities-based long distance whether its pending application should should not be revoked, and that the

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Document Created: 2018-11-02 11:10:23
Document Modified: 2018-11-02 11:10:23

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 May 23, 2018, 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		83 FR 23680