VTA Telecom Section

Section 1.65 Notification submitted by VTA Telecom Corporation

VTA Telecom Sec. 1.65 Letter

2018-09-10

This document pretains to ITC-214-20130718-00195 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142013071800195_1527126

LS ' LERMAN SENTER PILC WASHINGTON, DC September 10, 2018 SUBMITTED VIA IBFS Ms. Marlene Dortch, Secretary Federal Communications Commission Office of the Secretary 445 12" Street, S.W., Room TW—A325 Washington, DC 20554. Re: VTA Telecom Corporation Section 1.65 Update to Pending International Section 214 Application (FCC File No. ITC—214—20130718—00195) Dear Ms. Dortch: VTA Telecom Corporation ("VTA Telecom" or the "Applicant"), by counsel, hereby provides this update to the above—referenced application for authority to provide international facilities—based and resale service (the "Application") pursuant to Section 214 of the Communications Act of 1934, as amended (the "Act"), and Section 63.18(e) of the Commission‘s rules. The Application, originally filed on July 18, 2013, is updated to reflect the following information. Company Contact: Long Hoang Nguyen President 1551 McCarthy Blvd, Suite 210 Milpitas, California 95035 longhp@viettel.com.yvn Mr. Long replaces the original contact person, Quang Huy Bui, who was President of VTA Telecomin July 2013 and signed the Application. VTA Telecom notes that it is not clear that Mr. Bui‘s departure from VTA Telecom, from which he was placed on paid administrative leave in December 2016 and terminated as an employee in May 2017, required an affirmative update to the Application. His signature was a mere ministerial act, fully effective and complete at the time of filing, and evidencing the Applicant‘s authorization of the filing and certification 2001 L STREET NW, SUITE 400 | WASHINGTON, DC 20036 TEL 202.429.8970 | FAX 202.293.7783 | WWW.LERMANSENTER.COM

Ms. Marlene H. Dortch I_ September 10, 2018 S ‘ Page —2— of the facts contained therein. His contact information, providing a name and address for future FCC communications, was not a substantive part of the Application upon which any decision regarding grant of authority might have been premised, and it remained effective as a means of reaching the Applicant despite the changes in Mr. Bui‘s relationship to the company. Moreover, at the time of Mr. Bui‘s departure from VTA Telecom, and Mr. Nguyen Hoang Long‘s resumption of his role as President, the Application was in deferred status at the request of Team Telecom. During that period, there was no likelihood that the Commission would take any action on the Application, at least until the Team Telecom review process was resolved. VTA Telecom reasonably inferred that no minor updates in the Application were required, at least until that process ran its course. Nonetheless, the Applicant is now filing this Section 1.65 statement updating its contact information contemporaneously with the submission of its response to an August 10, 2018 FCC inquiry letter.‘ That response explains fully the facts and timing concerning Mr. Bui‘s termination. To the extent necessary, the Applicant requests a waiver of the requirement under Section 1.65 of the Commission‘s Rules that applicants provide "corrected information" within 30 days of any event that renders "the information furnished in the pending application ... no longer substantially accurate and complete in all significant respects." 47 C.F.R. § 1.65(a). Mr. Bui, the prior contact, was no longer an active company employee after December 2016, when he was placed on administrative leave, and he was dismissed from the company five months later. Thus, if the contact information had significance with respect to the consideration of the Application, it should have been reported as early as January 2017. As detailed above, however, this changed information by itself was not a substantive part of the application, and the delay in its reporting therefore should not be considered material. Indeed, to the extent this information is considered relevant at all, the absence of an update to remove Mr. Bui‘s name from the Application placed VTA Telecom in a more unfavorable light than the affirmative disclosure of his changed status reflected here and in its contemporaneously—filed response to the inquiry letter. As noted there, Mr. Bui was terminated from his position with the Applicant prior to his guilty plea to a single felony count of violating of U.S. export control law, and accordingly was no longer a party to the Application at that time. ‘ See Letter from Stephen E. Coran and David S. Keir, Counsel to VTA Telecom, to Veronica Garcia— Ulloa, Telecommunications and Analysis Division, FCC, FCC File No. ITC—214—20130718—00195 (dated Sept. 10, 2018).

Ms. Marlene H. Dortch I_ September 10, 2018 S ' Page —3— Should there be any questions regarding this matter, please contact the undersigned counsel. Respectfully submi Counsel to VTA Telecom Corporation cc: Denise Coca Veronica Garcia—Ulloa


Document Created: 2018-09-10 16:14:38
Document Modified: 2018-09-10 16:14:38
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC