[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69817-69818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24291]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-1076]


Final Notice of Intent To Declare the International Section 214 
Authorization of Redes Modernas de la Frontera SA de CV Terminated

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the International Bureau (Bureau) affords 
Redes Modernas de la Frontera SA de CV (Redes) final notice and 
opportunity to respond to the April 13, 2016 letter submitted by the 
Department of Homeland Security (DHS), with the concurrence of the 
Department of Justice (DOJ) (collectively ``the Agencies'') requesting 
that the FCC terminate, declare null and void and no longer in effect 
the international section 214 authorization issued to Redes under file 
number ITC-214-20070515-00189.

DATES: Submit comments on or before October 24, 2016.

ADDRESSES: The Bureau is serving a copy of the Public Notice on Redes 
by certified mail, return receipt requested,

[[Page 69818]]

at the last addresses of record appearing in Commission records. Redes 
should send its response to Denise Coca, Chief, Telecommunications and 
Analysis Division, International Bureau via email at 
[email protected] and to Veronica Garcia-Ulloa, Attorney Advisor, 
Telecommunications and Analysis Division, International Bureau at 
[email protected] and file it in IBFS under File No. ITC-
214-20070515-00189.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Veronica Garcia-Ulloa, Attorney Advisor, Telecommunications and 
Analysis Division, International Bureau, (202) 418-0481.

SUPPLEMENTARY INFORMATION: In the Executive Branch April 13, 2016 
Letter, the Agencies state that Redes is no longer in business. The 
Agencies indicate that they issued their non-objection to the 
Commission granting the authorization provided that Redes abide by the 
commitments and undertakings contained in the July 10, 2007 Letter that 
Redes entered into with the Agencies. On July 5, 2016, the Bureau's 
Telecommunications and Analysis Division sent a letter to Redes at the 
last known addresses on record via certified, return receipt mail, 
asking Redes to respond to the Agencies' allegations by August 3, 2016. 
The Bureau July 5, 2016 Letter stated that failure to respond would 
result in the issuance of an order to terminate Redes' international 
section 214 authorization. Redes did not respond to the request. The 
FCC Form 499 Database states that Redes is no longer active as of May 
1, 2009, and that the company has gone out of business in its entirety.
    In addition, Redes may also be in violation of several other 
Commission rules and requirements. After having received an 
international section 214 authorization, pursuant to section 63.21(a), 
a carrier ``is responsible for the continuing accuracy of the 
certifications made in its application'' and must correct information 
no longer accurate, ``and in any event, within thirty (30) days.'' 
There is no indication that Redes is currently providing service 
pursuant to its international section 214 authorization. If Redes has 
discontinued service that affected customers, it may also be in 
violation of section 63.19(a) of the Commission's rules requiring prior 
notification for such a discontinuance. As part of its authorization, 
Redes must file annual international telecommunications traffic and 
revenue as required by section 43.62 of the Commission rules. 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 has not 
filed an annual international telecommunications traffic and revenue 
report indicating whether or not Redes provided services in 2014 and 
2015 and may be in violation of section 43.62 of the Commission rules. 
All carriers were required to file their section 43.62 traffic and 
revenue reports for data as of December 31, 2014 by July 31, 2015 and 
for data as of December 31, 2015 by July 31, 2016. Furthermore, Redes 
has an outstanding debt and consequently its account is red lighted 
through the Red Light Display System. Redes must visit the Commission's 
Red Light Display System's to pay its outstanding debt. Redes' 
outstanding debt involves regulatory fees. In addition to financial 
penalties, section 159(c)(3) of the Communications Act and section 
1.1164(f) of the Commission's rules grant the Commission the authority 
to revoke authorizations for failure to timely pay regulatory fees.
    Redes' failure to respond to this Public Notice will be deemed as 
an admission of the facts alleged by the Agencies and of the violations 
of the statutory and rule provisions set out above. The Bureau hereby 
provides final notice to Redes that it intends to take action to 
declare Redes' international 214 authorization terminated for failure 
to comply with conditions of its authorization. We further advise Redes 
that its non-compliance with the applicable regulatory provisions would 
warrant termination wholly apart from demonstrating Redes' inability to 
satisfy the conditions of its authorization. Redes must respond to this 
Public Notice and address the issues alleged in the Executive Branch 
April 13, 2016 Letter, no later than 15 days after publication in the 
Federal Register.
    The proceeding in this Notice shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules.

Federal Communications Commission.
Denise Coca,
Chief, Telecommunications & Analysis Division, International Bureau.
[FR Doc. 2016-24291 Filed 10-6-16; 8:45 am]
 BILLING CODE 6712-01-P