[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55199-55200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19690]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-720]


Order Declares JuBe Communications, LLC's International Section 
214 Authorization Terminated

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the International Bureau of the Federal 
Communications Commission (Commission) declares the international 
Section 214 authorization granted to JuBe Communications, LLC (JuBe) 
terminated given JuBe's inability to comply with the express condition 
for holding the authorization. It also concludes that JuBe 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 JuBe is still providing service, which failures have 
prevented any way of addressing JuBe'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 16-720, adopted and released July 1, 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 JuBe an international Section 214 
authorization to provide global or limited global facility-based 
service and global or limited global resale service in

[[Page 55200]]

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 JuBe abide by the commitments and undertakings contained 
in its Letter of Assurance (LOA) to the Department of Justice (DOJ), 
the Federal Bureau of Investigation, and the U.S. Department of 
Homeland Security (collectively, the Executive Branch Agencies) dated 
July 12, 2007. The LOA outlines a number of commitments made by JuBe to 
address national security, law enforcement, and public safety concerns.
    On December 23, 2015, the Executive Branch Agencies notified the 
Commission of JuBe'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 JuBe. The Executive Branch Agencies believe 
that JuBe is no longer in existence. Specifically, according to the 
Texas state corporate Web site, JuBe voluntarily dissolved as a 
corporate entity and became inactive on October 14, 2010. Further, on 
October 19, 2015, Mr. Thomas Lynch, JuBe's designated point of contact 
during the application process, advised the Executive Branch Agencies 
that he had been unable to reach JuBe after multiple attempts through 
all his contacts except U.S. postal service. He noted that he presumed 
JuBe to be out of business. Based on this, the Executive Branch 
Agencies state that ``JuBe is neither providing services pursuant to 
authorization file number ITC-214-20070607-00218 nor still in 
existence.''
    The Commission has made significant efforts to communicate with 
JuBe, but has also been unable to do so. On January 19, 2016, the 
International Bureau sent JuBe a letter to the last addresses of record 
requesting that JuBe respond to the December 23, 2015 Executive Branch 
letter within 30 days of the letter, by February 18, 2016. JuBe did not 
respond. Since that time, the International Bureau has provided JuBe 
with additional opportunities to respond to these allegations. The 
International Bureau stated that failure to respond would result in 
termination of JuBe's international Section 214 authorization for 
failure to comply with conditions of its authorization. In JuBe's 2007 
application, JuBe stated it was incorporated in Texas, and according to 
the Texas Secretary of State Web site, no records exist for JuBe 
Communications, LLC. To date, JuBe has not responded to any of the 
International Bureau or the Executive Branch Agencies' multiple 
requests to resolve this matter.

Discussion

    We determine that JuBe's international Section 214 authorization to 
provide international services issued under File No. ITC-214-20070607-
00218 has terminated for inability to comply with an express condition 
for holding the international Section 214 authorization. The 
International Bureau has provided JuBe with notice and opportunity to 
respond to the allegations in the December 23, 2015 Executive Branch 
letter concerning JuBe's non-compliance with the condition of the 
grant. JuBe has not responded to any of our multiple requests or 
requests from the Executive Branch Agencies. We find that JuBe'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 
JuBe, and which are a condition of the grant of its international 
Section 214 authorization.
    Furthermore, after having received an international Section 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.'' JuBe has failed to inform the Commission of any 
changes in its business status of providing international 
telecommunications services, as required by the rules. In addition, 
there is no indication that JuBe is currently providing service 
pursuant to its international Section 214 authorization. If JuBe has 
discontinued service, it is also in violation of the Commission's rules 
requiring prior notification for such a discontinuance. Nor is there 
any record of JuBe 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 27, 2007. Finally, as part of its 
authorization, JuBe ``must file annual international telecommunications 
traffic and revenue as required by Sec.  43.62.'' Section 43.62(b) of 
the Commission's rule 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.'' Commission records indicate that 
JuBe failed to file an annual international telecommunications traffic 
and revenue report indicating whether or not JuBe provided services in 
2015, as required by Section 43.62(b). In these circumstances, and in 
light of JuBe's failure to respond to the Commission's rules designed 
to ensure its ability to communicate with the holder of the 
authorization, termination also is warranted wholly apart from 
demonstrating JuBe'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-214-20070607-00218 is hereby terminated and 
declared null and void.
    It is further ordered that the request of the U.S. Department of 
Justice, the Federal Bureau of Investigation, and the U.S. Department 
of Homeland Security, 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 JuBe Communications, LLC 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. 2016-19690 Filed 8-17-16; 8:45 am]
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