[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70679-70680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24770]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-1077]


Final Notice of Intent To Declare the International Section 214 
Authorization of IP To Go, LLC Terminated

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the International Bureau (Bureau) affords IP 
To Go, LLC (IPTG) final notice and opportunity to respond to the April 
11, 2016 letter submitted by the Department of Justice (DOJ) requesting 
that the FCC terminate, declare null and void and no longer in effect, 
and/or revoke the international section 214 authorization issued to 
IPTG under file number ITC-214-20090508-00208.

DATES: Submit comments on or before October 28, 2016.

ADDRESSES: The Bureau is serving a copy of the Public Notice on IPTG by 
certified mail, return receipt requested at the last addresses of 
record appearing in Commission records. IPTG 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-214-20090508-00208 via IBFS at 
http://licensing.fcc.gov/myibfs/pleading.do.

FOR FURTHER INFORMATION CONTACT: Veronica Garcia-Ulloa, Attorney 
Advisor, Telecommunications and Analysis Division, International 
Bureau,

[[Page 70680]]

at (202) 418-0481 or [email protected].

SUPPLEMENTARY INFORMATION: In the DOJ April 11, 2016 Letter, DOJ states 
that it believes IPTG is dissolved and claims that IPTG is therefore 
unable to comply with the conditions of its international section 214 
authorization. The Commission conditioned the grant of authority on 
IPTG abiding by the commitments and undertakings set forth in the 
November 21, 2011 Agreement from the president of IPTG to DHS. On July 
5, 2016, the Bureau's Telecommunications and Analysis Division sent a 
letter to IPTG at the last known addresses on record via certified, 
return receipt mail, asking IPTG to respond to DOJ's 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 IPTG's 
international section 214 authorization. IPTG did not respond to the 
request.
    In addition, IPTG 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 ``as promptly as possible and, in any event, within 
thirty (30) days.'' There is no indication that IPTG is currently 
providing service pursuant to its international section 214 
authorization. If IPTG 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, IPTG 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 IPTG failed to file an annual 
international telecommunications traffic and revenue report indicating 
whether or not IPTG 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, IPTG has an 
outstanding debt and consequently its account is red lighted through 
the Red Light Display System. IPTG must visit the Commission's Red 
Light Display System's to pay its outstanding debt. IPTG's 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.
    IPTG's failure to respond to this Public Notice will be deemed as 
an admission of the facts alleged by DOJ and of the violation of the 
statutory and rule provisions set out above. The Bureau hereby provides 
final notice to IPTG that it intends to take action to declare IPTG's 
international 214 authorization terminated for failure to comply with 
conditions of its authorization. We further advise IPTG that its non-
compliance with the applicable regulatory provisions would warrant 
termination wholly apart from demonstrating IPTG's inability to satisfy 
the conditions of its authorization. IPTG must respond to this Public 
Notice and the issues alleged in the DOJ April 11, 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. 2016-24770 Filed 10-12-16; 8:45 am]
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