[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91933-91935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30428]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 16-1322]


Order Declares IP To Go, LLC 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 IP To Go, LLC (IPTG) terminated 
given IPTG's inability to comply with an express condition for holding 
the authorization. It also concludes that IPTG 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 IPTG 
is still providing service, which failures have prevented any way of 
addressing IPTG's inability to comply with the condition of its 
authorization.

FOR FURTHER INFORMATION CONTACT: Veronica Garcia-Ulloa, 
Telecommunications and Analysis Division, International Bureau at (202) 
418-0481 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 16-1322, adopted and released November 30, 2016. The full text of 
this

[[Page 91934]]

document can be located at http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db1130/DA-16-1322A1.pdf.

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 December 19, 2011, the 
International Bureau granted IPTG an international section 214 
authorization to provide international global or limited global 
facilities-based authority, and global or limited global resale 
authority, in 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 IPTG abide by the commitments 
and undertakings contained in its December 5, 2011 letter of assurance 
(LOA) to the U.S. Department of Justice (DOJ). The LOA outlines a 
number of commitments made by IPTG to address national security, law 
enforcement, and public safety concerns.
    On April 11, 2016, DOJ notified the Commission of IPTG's non-
compliance with the conditions of its authorization and requested that 
the Commission terminate, declare null and void and no longer in 
effect, and/or revoke the international section 214 authorization 
issued to IPTG. DOJ believes that IPTG ``is neither providing services 
pursuant to authorization file number ITC-214-20090508-00208 nor still 
in existence.'' DOJ stated that it has been unable to contact IPTG 
using the telephone numbers listed in its application or through open 
source research since January 2016. Additionally, DOJ indicates that it 
contacted IPTG via the email addresses provided in IPTG's application 
several times since January 2016, with no response. DOJ states that 
IPTG listed a telephone number on its application as belonging to 
Alonzo Bevene from the Regulatory Back Office, Inc., but that number 
belongs to Maldonado Law Group. DOJ stated that in February 2016, DOJ 
called and Mr. Maldonado answered this number advising DOJ ``that the 
firm is no longer on retainer with IPTG and has no forwarding 
information for the company.'' Finally, DOJ stated that the Florida 
Department of State Division of Corporations lists IPTG as an active 
company as of May 22, 2007 with a mailing address for Hitstay, a travel 
company, also owned by IPTG business owner, Ricardo Mandini, but no 
telephone number was found for Hitstay.
    The Commission has made significant efforts to communicate with 
IPTG, but has also been unable to do so. On July 5, 2016, the 
International Bureau sent IPTG a letter to the last addresses of record 
requesting that IPTG respond to the April 11, 2016 Executive Branch 
Letter by August 3, 2016. IPTG did not respond. Since that time, the 
International Bureau has provided IPTG with additional opportunities to 
respond to these allegations. The International Bureau stated that 
failure to respond would result in termination of IPTG's international 
section 214 authorization for failure to comply with the condition of 
its authorization. In IPTG's application, IPTG stated it was 
incorporated in Florida, and according to the Florida Department of 
State Division of Corporations, on October 14, 2016, IPTG filed a 
voluntary dissolution letter and is now listed as ``inactive.'' To 
date, IPTG has not responded to any of the International Bureau or 
DOJ's multiple requests to resolve this matter.

Discussion

    We determine that IPTG's international section 214 authorization to 
provide services issued under File No. ITC-214-20090508-00208 has 
terminated for inability to comply with an express condition for 
holding the international section 214 authorization. The International 
Bureau provided IPTG with notice and opportunity to respond to the 
allegations in the April 11, 2016 Executive Branch Letter concerning 
IPTG's non-compliance with the condition of the grant. IPTG has not 
responded to any of our multiple requests or requests from DOJ. We find 
that IPTG's failure to respond to our multiple requests demonstrates 
that it is unable to satisfy the LOA commitments, upon which the 
Executive Branch Agencies relied in providing their non-objection to 
the grant of the authorization to IPTG, and compliance with which is 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.'' IPTG has failed to inform the Commission of any 
changes in its business status of providing international 
telecommunications services, as required by the rules. Finally, as part 
of its authorization, IPTG ``must file annual international 
telecommunications traffic and revenue as required by section 43.62.'' 
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 annual international telecommunications traffic and revenue 
reports indicating whether or not IPTG provided services in 2014 and 
2015, as required by section 43.62(b) of the Commission's rules. IPTG's 
failure to adhere to the Commission's rules designed to ensure its 
ability to communicate with the holder of the authorization and to 
verify if the holder is still providing service also warrants 
termination, wholly apart from IPTG's non-compliance with the condition 
of its international section 214 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-214-20090508-00208 is hereby terminated and 
declared null and void.
    It is further ordered that the request of the U.S. Department of 
Justice, is hereby granted, to the extent set forth in this Order.
    It is further ordered that a copy of this Order shall be sent 
registered mail, return receipt requested to IP To Go, LLC at its last 
known addresses. In addition, this Order shall be posted in the 
Commission's Office of the Secretary.
    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.


[[Page 91935]]


    Federal Communications Commission.
Denise Coca,
Chief, Telecommunications and Analysis Division, International Bureau.
[FR Doc. 2016-30428 Filed 12-16-16; 8:45 am]
 BILLING CODE 6712-01-P