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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Telmex International Ventures ) File No. EB-00-IH-0040
USA, Inc. )
) NAL/Acct. No. X32080002
Apparent Liability for
Forfeiture
MEMORANDUM OPINION AND ORDER
Adopted: July 24, 2001
Released: July 25, 2001
By the Chief, Enforcement Bureau:
1. This Memorandum Opinion and Order (``Order'') cancels a
$100,000 Notice of Apparent Liability (``NAL'') issued to Telmex
International Ventures USA, Inc. for apparent violations of the
terms and conditions of its grant of authority for transfer of
control, and its section 214 authorization to provide
international switched resale services to all points, including
Mexico.1
2. Having reviewed the record, we conclude that the law in
this area was not clear enough to justify the
imposition of a forfeiture under the circumstances
presented.2 We note that we need not address here the
continuing applicability of the section 214 condition
at issue in the NAL.
3. Accordingly, IT IS ORDERED that, pursuant to Section
504(b) of the Act3 and Section 1.80(f)(4) of the Commission's
rules,4 the NAL issued to Telmex International Ventures USA, Inc.
IS CANCELLED.
4. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by certified mail, return receipt requested, to counsel
for Telmex International Ventures USA, Inc., Gary M. Epstein,
Esq., Latham & Watkins, 555 11th Street, N.W., Suite 1000,
Washington, D.C. 20004.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Telmex International Ventures USA, Inc. Notice of Apparent
Liability for Forfeiture, 15 FCC Rcd 714 (Enforcement Bureau
2000).
2 See, e.g., February 14, 2000 Response of Telmex
International Ventures USA, Inc. to Notice of Apparent Liability
for Forfeiture at 5, 6.
3 47 U.S.C. § 504(b).
4 47 C.F.R. § 180(f)(4).