[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6549-6550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01226]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 17-17; DA 17-33]
Acumen Communications
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document commences a hearing to determine whether Acumen
Communications (Acumen) is qualified to be and to remain a Federal
Communications Commission (Commission) licensee, and as a consequence
thereof, whether any or all of its licenses should be revoked, and
whether any or all of the applications to which Acumen is a party
should be denied. As discussed more fully below, based on the totality
of the evidence, there are substantial and material questions of fact
as to whether Acumen
[[Page 6550]]
repeatedly made misrepresentations to and lacked candor with the
Commission in its submission of fifty applications in connection with
various Wireless Radio Service authorizations.
DATES: Each party to the proceeding (except for the Chief, Enforcement
Bureau), in person or by counsel, shall file with the Commission, by
January 30, 2017, a written appearance stating that the party will
appear on the date fixed for hearing and present evidence on the issues
specified herein.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Pamela Kane, Special Counsel,
Enforcement Bureau, (202) 418-2393.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
to Show Cause, Hearing Designation Order and Notice of Opportunity for
Hearing (Order) in WT Docket No. 17-17, DA 17-33, adopted on January 9,
2017, and released on January 10, 2017. The full text of the Order is
available for inspection and copying during regular business hours in
the FCC Reference Center, 445 12th Street SW., Room CY-A257, Portals
II, Washington, DC 20554. This document is available in alternative
formats (computer diskette, large print, audio record, and Braille).
Persons with disabilities who need documents in these formats may
contact the FCC by email: [email protected] or phone: 202-418-0530 or TTY:
202-418-0432.
Synopsis
1. In this Order, the Commission commences a hearing proceeding
before a Commission Administrative Law Judge to determine whether the
pending applications of Acumen Communications should be granted, and
whether Acumen's licenses should be revoked. Acumen represented to the
Commission in fifty (50) license applications that no party directly or
indirectly controlling Acumen has ever been convicted of a felony by
any state or federal court. The information before us indicates that
Hector Manuel Mosquera, a party directly or indirectly controlling
Acumen, was convicted of a felony by a state court in California. The
evidence further indicates that Mr. Mosquera signed Acumen's
applications in which Acumen answered ``N'' to the felony question.
2. Accordingly, it is ordered, pursuant to sections 309(e),
312(a)(1), 312(a)(2), 312(a)(4), and 312(c) of the Act, 47 U.S.C.
309(e), 312(a)(1), 312(a)(2), 312(a)(4), and 312(c), that Acumen
Communications shall show cause why the authorizations for which it is
the licensee set forth in Attachment A should not be revoked, and that
the above-captioned applications filed by Acumen Communications are
designated for hearing in a consolidated proceeding before an FCC
Administrative Law Judge, at a time and place to be specified in a
subsequent Order, upon the following issues:
(a) To determine whether Hector Manuel Mosquera directly or
indirectly controls Acumen.
(b) To determine whether Acumen engaged in misrepresentation and/or
lack of candor in its applications with the Commission.
(c) To determine whether Acumen failed to amend its pending
applications, in willful and/or repeated violation of section 1.65 of
the Commission's rules.
(d) To determine, in light of the evidence adduced pursuant to the
foregoing issues, whether Acumen is qualified to be and remain a
Commission licensee.
(e) To determine, in light of the foregoing issues, whether the
authorizations for which Acumen is the licensee should be revoked.
(f) To determine, in light of the foregoing issues, whether the
captioned applications filed by or on behalf of Acumen should be
granted.
3. It is further ordered that, in addition to the resolution of the
foregoing issues, it shall be determined, pursuant to section 503(b)(1)
of the Act, 47 U.S.C. 503(b)(1), whether an order of forfeiture should
be issued against Acumen in an amount not to exceed the statutory limit
for the willful and/or repeated violation of each rule section above
for which the statute of limitations in section 503(b)(6) of the Act,
47 U.S.C. 503(b)(6), has not lapsed.
4. It is further ordered that, pursuant to section 312(c) of the
Act and sections 1.91(c) and 1.221 of the rules, 47 U.S.C. 312(c) and
47 CFR 1.91(c) and 1.221, to avail itself of the opportunity to be
heard and to present evidence at a hearing in this proceeding, Acumen,
in person or by an attorney, shall file with the Commission, within 20
calendar days of the release of this Order, a written appearance
stating that it will appear at the hearing and present evidence on the
issues specified above.
5. It is further ordered that, pursuant to section 1.91 of the
rules, 47 CFR 1.91, if Acumen fails to file a timely appearance, its
right to a hearing shall be deemed to be waived. In the event the right
to a hearing is waived, the Chief Administrative Law Judge (or
presiding officer if one has been designated) shall, at the earliest
practicable date, issue an order reciting the events or circumstances
constituting a waiver of hearing, terminating the hearing proceeding,
and certifying the case to the Commission. In addition, pursuant to
section 1.221 of the Commission's rules, 47 CFR 1.221, if any applicant
to any of the captioned applications fails to file a timely written
appearance, the captioned application shall be dismissed with prejudice
for failure to prosecute.
6. It is further ordered that the Chief, Enforcement Bureau, shall
be made a party to this proceeding without the need to file a written
appearance.
7. It is further ordered that pursuant to section 312(d) of the
Act, 47 U.S.C. 312(d), and section 1.91(d) of the Commission's rules,
47 CFR 1.91(d), the burden of proceeding with the introduction of
evidence and the burden of proof shall be upon the Enforcement Bureau
as to the issues at 15(a)-(e), above, and that, pursuant to section
309(e) of the Act, 47 U.S.C. 309(e), and section 1.254 of the
Commission's rules, 47 CFR 1.254, the burden of proceeding with the
introduction of evidence and the burden of proof shall be upon Acumen
as to the issue at 15(f), above.
8. It is further ordered that Mobile Relay Associates shall be made
a party to this hearing in its capacity as a petitioner to one or more
of the captioned applications.
9. It is further ordered that a copy of this document, or a summary
thereof, shall be published in the Federal Register.
Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division.
[FR Doc. 2017-01226 Filed 1-18-17; 8:45 am]
BILLING CODE 6712-01-P