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Federal Communications Commission DA 16-1184
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
LDC Telecommunications, Inc.
)
)
)
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File No.: ITC-214-20080523-00238
FRN: 0003757390
REVOCATION ORDER
Adopted: October 14, 2016 Released: October 14, 2016
By the Chief, Telecommunications Consumers Division, Enforcement Bureau; Chief, Telecommunications
and Analysis Division, International Bureau; and Chief, Competition Policy Division, Wireline Competition
Bureau:
I. INTRODUCTION
1. By this Order, we revoke authorizations currently held by LDC Telecommunications, Inc.
(LDC) for failure to pay delinquent regulatory fees owed to the Federal Communications Commission
(FCC or Commission).
II. BACKGROUND
2. Under Section 9 of the Communications Act of 1934, as amended (Act), and the
Commission’s implementing rules (Rules), the Commission is required to “assess and collect regulatory
fees” to recover the costs of certain Commission regulatory activities, and when the required payment is
received late or it is incomplete, to assess a penalty equal to “25 percent of the amount of the fee which
was not paid in a timely manner.”
1
In addition to financial penalties, Section 9(c)(3) of the Act, and
Section 1.1164(f) of the Rules grant the FCC the authority to revoke authorizations for failure to pay
regulatory fees in a timely fashion.
2
3. On December 18, 2008, LDC was granted the above-captioned authorization to provide
facilities-based and resold international telecommunications services.
3
On October 28, 2014, the
Commission sent a Demand Letter to LDC for delinquent FY2014 regulatory fees.
4
LDC did not
respond, and thereafter, as required by 31 U.S.C. § 3711(g), 31 CFR §§ 285.12(c) and 901.1, and 47 CFR
§ 1.1917, the delinquent debt for the FY 2014 regulatory fees was transferred to the Secretary of Treasury
for collection. As of July 1, 2016, the Commission’s records showed that LDC had unpaid regulatory
1
47 U.S.C. §§ 159(c)(3), (a)(1), (c)(1); 47 CFR §§ 1.1151, 1.1157(c)(1), 1.1164.
2
47 U.S.C. §§ 159(c)(3); 47 CFR § 1.1164(f).
3
International Authorizations Granted, ITC-214-20080523-00238, Public Notice, 24 FCC Rcd 16 (IB 2009). LDC,
like all telecommunications carriers, has blanket Section 214 domestic authority. In 1999, the Commission granted
all telecommunications carriers blanket authority under Section 214 to provide domestic interstate services and to
construct or operate any domestic transmission line. Implementation of Section 402(b)(2)(A) of the Telecomm. Act
of 1996, Report and Order in CC Docket No. 97-11, Second Memorandum Opinion and Order in AAD File No. 98-
43, 14 FCC Rcd 11364, 11365–66, para. 2 (1999). See 47 CFR § 63.01.
4
Demand Letter, FCC, to Sean Connors, LDC Telecommunications, Inc. (Oct. 28, 2014).
Federal Communications Commission DA 16-1184
2
fees of $711.40 for FY 2014 and $3,025.34 for FY 2012, and additional charges continued to accrue on
those debts. LDC does not appear to have customers at present.
5
4. On July 1, 2016, the Commission issued LDC an Order to Pay or to Show Cause and it
required LDC to file with the Enforcement, International, and Wireline Competition Bureaus documented
evidence within sixty (60) calendar days that full payment of all outstanding regulatory fees had been
made, plus any associated penalties as calculated by the Commission and the Secretary of Treasury in
accordance with Sections 1.1164(a) and 1.1940 of the Rules, or to show cause why the payment was
inapplicable or should be waived or deferred.
6
The Order further stated that failure to provide such
evidence of payment or to show cause within the time specified could result in revocation of LDC’s
domestic and above-captioned international 214 authorizations.
7
III. DISCUSSION
5. The Commission issued the Order to Pay or to Show Cause on July 1, 2016, and it
required LDC to respond within 60 days.
8
The Order specified that failure to provide evidence of
payment or show cause within the time specified could result in revocation of LDC’s domestic and above-
captioned international 214 authorizations.
9
LDC did not file evidence of payment of its outstanding
regulatory fees or show cause why such payment is inapplicable or should be waived or deferred within
the time provided.
10
In these circumstances, when an entity fails to pay its regulatory fees for multiple
years and fails to respond to multiple Commission inquiries into those delinquent debts, revocation is
appropriate. Accordingly, we revoke LDC’s domestic and international 214 authorizations.
11
6. This Revocation Order does not relieve LDC of its obligation to pay any delinquent debt,
any regulatory fee, or any other financial obligation that has or may become due resulting from the
authorizations held until revocation.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 9(c)(3) of the Act and Sections
0.51, 0.91, 0.111, 0.261, 0.291, 0.311, 1.102(b)(1), and 1.1164(f) of the Rules,
12
the domestic and
5
LDC’s Form 499 (Telecommunications Reporting Worksheet) filing account was no longer active as of June 25,
2013, and was closed due to inactivity for an extended period and because the administrator could not contact LDC.
6
LDC Telecommunications, Inc., Order to Pay or to Show Cause, 31 FCC Rcd 7228, 7230, para. 6 (EB 2016)
(Order to Pay or to Show Cause or Order). The Order to Pay or to Show Cause was served upon LDC. On July 1,
2016, we sent the Order by certified mail, return receipt requested, to the address LDC provided on its international
section 214 application. However, the Order was returned as undeliverable. On July 18, 2016, we posted the Order
in the Commission’s Office of the Secretary. On July 19, 2016, we sent the Order by certified mail, return receipt
requested, to the address LDC designated for service by mail on LDC’s FCC Form 499 (Telecommunications
Reporting Worksheet). We received confirmation of delivery by certified mail on July 22, 2016.
7
Id. at 7229, para. 3.
8
Id. at 7230, para. 6.
9
Id. at 7229, para. 3.
10
As of the date of this Order, LDC still has not filed evidence of payment of its outstanding regulatory fees or
shown cause why such payment is inapplicable or should be waived or deferred.
11
We note that LDC may have been or continue to be a respondent in other administrative proceedings. Action in
this proceeding is without prejudice to action in those proceedings, and the existence of those proceedings and
matters raised therein are not considered by the Commission in this proceeding.
12
47 U.S.C. § 159(c)(3); 47 CFR §§ 0.51, 0.91, 0.111, 0.261, 0.291, 0.311, 1.102(b)(1), 1.1164(f).
Federal Communications Commission DA 16-1184
3
international 214 authorizations issued to LDC Telecommunications, Inc. under File No. ITC-214-
20080523-00238 are hereby REVOKED AND DECLARED NULL AND VOID.
13
8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail
and registered mail, return receipt requested, to Sean Connors, Acting President, LDC
Telecommunications, Inc., 2451 McMullen Booth Road, Suite 200, Clearwater, FL, 33759; and to LDC
Telecommunications, Inc., c/o CT Corporation, 1025 Vermont Ave., NW, Washington, DC. In addition,
this Order shall be posted in the Commission’s Office of the Secretary.
14
FEDERAL COMMUNICATIONS COMMISSION
Richard A. Hindman
Chief
Telecommunications Consumers Division
Enforcement Bureau
Denise A. Coca
Chief
Telecommunications and Analysis Division
International Bureau
Daniel Kahn
Chief
Competition Policy Division
Wireline Competition Bureau
13
This Revocation Order is effective upon release. 47 CFR § 1.102(b)(1). Accordingly, LDC is no longer
authorized to provide domestic or international telecommunications services.
14
See 47 CFR § 1.47(h).