Response to STA Opp.

REPLY submitted by Rubard LLC d/b/a Centmobile

Response to STA Opposition

2012-07-13

This document pretains to ITC-STA-20120703-00168 for Special Temporal Authority on a International Telecommunications filing.

IBFS_ITCSTA2012070300168_959398

Mr. James Ball July 13, 2012 Chief, Policy Division International Bureau Federal Communications Bureau 445 12th St SW Washington, D.C. 20554 Re: ITC- STA-20120703-00168 Dear Mr. Ball: Rubard LLC, dba Centmobile (“Centmobile”) writes in response to Stanacard, LLC’s Opposition to Centmobile’s request for Special Temporary Authority (“STA”).1 Centmobile respectfully requests that the Bureau disregard the Opposition and expeditiously grant the STA, in order to further the public interest in Centmobile’s existing customers being allowed to continue obtaining service under their prepaid calling plans. No member of the public has objected to the grant of the STA – only a competitor. The Bureau should not allow a commercial rivalry to unnecessarily expend its resources, especially when its precedent finds that the public interest is served by competition. It is long-standing Commission policy not to involve itself with private contract disputes.2 Stanacard has not shown that Centmobile knowingly, deliberately or intentionally violated Commission rules.3 Centmobile recognizes that pre-authorized service was erroneous and has retained counsel to ensure that it complies with all applicable requirements. Contrary to Stanacard’s innuendo, granting an STA is “established licensing procedure” in cases such as these.4 There is ample Commission precedent for the grant of STAs to providers 1 See Opposition to Application for STA of Rubard LLC d/b/a/ Centmobile; File No. ITC-STA- 20120703-00168 (July 9, 2012) (“Stanacard Opposition”) available at http://licensing.fcc.gov/ cgi-bin/ws.exe/prod/ib/forms/reports/related_filing.hts?f_key=-244205&f_number=ITCSTA201 2070300168. 2 See Actions Taken Under the Cable Landing License Act, Public Notice, 20 FCC Rcd 8557 at n. 12 (Int’l Bur. 2005) (“It is long-standing Commission policy not to involve itself with private contract disputes”). 3 See Stanacard Opposition. 4 Moreover, the STA would not have been necessary but for the Petition to Deny Stanacard filed. 1200 18TH STREET, NW | SUITE 1200 | WASHINGTON, DC 20036 | TEL 202-730-1300 | FAX 202-730-1301 | WILTSHIREGRANNIS.COM

that offerr international calling prior to Comm mission authoorization, especially wheen existing customerrs may be haarmed by den nial of an ST TA. As A Centmobile has ackno owledged, grrant of the ST TA is withouut prejudice to the Commisssion’s action n on the undeerlying Sectiion 214 appllication, so S Stanacard’s aarguments aare 5 inappositte. Centmo wledged thatt grant of thee STA can bbe revoked or obile has likeewise acknow modified d by the Commmission upo on its own motion m withoout a hearingg.6 As A noted abov ve, the publiic interest will w be servedd by grantingg the requestted STA andd by preventinng Centmobiile’s existing g customers from being ddisadvantaged by a discontinuance oof service. Accordinglyy, Centmobille hereby ren news its requuest for Speccial Temporrary Authoritty filed July y 3, 2012 wh hile the Commmission con nsiders the unnderlying Seection 214 appplication. Respectfullyy submitted,, Patricia Paooletta Counsel to RRubard LLC C, dba Centm mobile cc: George Li Davidd Krech Adrieenne Downs 5 See Suppplemental Letter, L Rubarrd LLC dba Centmobile, C , available att http://licennsing.fcc.govv/cgi- bin/ws.ex xe/prod/ib/fo orms/reportss/related_filin ng.hts?f_keyy=-244205& &f_number=IITCSTA2011207 0300168. 6 Id. 1200 18TH STREET, NW | SUITTE 1200 | WASH HINGTON, DC 200036 | TEL 202-7330-1300 | FAX 2002-730-1301 | W WILTSHIREGRANNIS.COM

CERTIFICATE OF SERVICE I, Berkeley Hirsch, a legal assistant at the Law Offices of Wiltshire & Grannis LLP, do hereby certify that on this 13th day of July, 2012, a copy of the foregoing Response to Stanacard, LLC's Opposition to the STA ofRubard LLC dba Centmobile was served, by the method described below, upon the following: By first class U.S. Mail, postage prepaid: ATTN: Mr. Cheng-Yi Liu Counsel to Stanacard, LLC Law Offices of Thomas K. Crowe, P.C. 1250 24th Street, NW Suite 300 Washington, D.C. 20037 ATTN: Mr. George Li Deputy Chief Policy Division International Bureau Federal Communications Commission 445 12th Street, S.W. Washington, DC 20554 Berkeley Hu


Document Created: 2012-07-13 12:45:36
Document Modified: 2012-07-13 12:45:36
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