Attachment StarVox FCC Terminat

StarVox FCC Terminat

LETTER submitted by Department of Homeland Security

Termination Letter

2018-07-23

This document pretains to ITC-T/C-20070501-00173 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2007050100173_1472199

                                                                       Office of Policy
                                                                       U.S. Department of Homeland Security
                                                                       Washington, DC 20528




                                                    July 23, 2018

Ms. Marlene H. Dortch
Secretary of the Federal Communications Commission
Federal Communications Commission
445 l2th St. SW, Room TW-B204
Washington, DC 20554

Re:     Capital Telecommunications, Inc. ITC-214-19920520-00115 and StarVox
        Communications, Inc. ITC-214-20050407-00146, WC Docket Nos. 06-127 and 07-
        115

Dear Ms. Dortch,

        The Department of Homeland Security (DHS), with the concurrence of the
Department of Justice (DOJ), including the Federal Bureau of Investigation (FBI),
(collectively, the Agencies), hereby requests that the Federal Communications Commission
(FCC) terminate, declare null and void and no longer in effect, and/or revoke the domestic
and international Section 214 authority held by StarVox Communications, Inc. (StarVox) 1
and the domestic and international Section 214 authority held by Capital
Telecommunications, Inc. (CTI), a wholly-owned subsidiary of StarVox 2 for failure to
comply with the Letter of Assurances (LOAs) filed in connection with the transfers of control
of that authority. The Agencies request this termination because we believe that StarVox and
CTI are no longer in business.

       In 2006, StarVox filed domestic and international 214 applications to acquire control
of CTI. The Agencies notified the FCC on September 15, 2006 that they had no objection to
the FCC granting the applications provided that it conditioned the grants on StarVox and CTI
abiding with the commitments and undertakings made to the Agencies in their September 15,



1
 StarVox’s international section 214 authorization was granted on My 5, 2005, under file number ITC-214-
20050407-00146. See International Authorizations Granted, Section 214 Applications (47 C.F.R. § 63.18);
Section 310(b)(4) Requests, Report No. TEL-0097, Public Notice, 20 FCC Rcd 8781 (IB 2005). StarVox holds
domestic section 214 authority pursuant to 47 CFR § 63.01.
2
 CTI’s international authorization was granted on October 7, 1992, under file number I-T-C-92-169 (new file
number ITC-214-19920520-00115). See DA-92-984, Public Notice, 7 FCC Rcd 16 (IB 1992). CTI holds
domestic section 214 authority pursuant to 47 CFR § 63.01.


2006 letter to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert. 3 In 2007,
StarVox filed domestic and international 214 applications to transfer control of StarVox and
CTI to U.S. Wireless Data, Inc. (USWI). On August 10, 2007, the Agencies notified the FCC
that they had no objection to the FCC granting the applications provided that it conditioned
the grants on USWI, StarVox and CTI abiding with the commitments and undertakings made
to the Agencies in their July 25, 2007 letter to Sigal P. Mandelker, Stewart A. Baker, and
Elaine N. Lammert (reaffirming the commitments in the September 15, 2006 LOA). 4 In both
cases, the FCC conditioned its grant of the transfer of control applications on compliance with
the LOAs. 5

        The Agencies have reason to believe that StarVox and CTI are no longer in existence
and thus are no longer able to comply with the LOAs. On November 24, 2015, in an effort to
reach out to StarVox for compliance with LOAs, DHS staff emailed outside counsel found in
StarVox’s 2007 applications for consent to transfer control of StarVox to USWI. Counsel
informed DHS staff that he no longer represents StarVox and believes that StarVox is no
longer in business. In 2014, Counsel provided open source research to DHS staff via email
indicating that StarVox filed for bankruptcy and is no longer in operation. 6 Research
conducted by DHS staff confirms this status. 7 In 2010, the FCC also acknowledged that CTI
filed for bankruptcy in an enforcement action against CTI. 8 Further, on March 19, 2008,
StarVox and CTI filed an application with the FCC to discontinue service. 9 In addition, the
FCC’s Form 499 Telecommunications Company Filer Database indicates that StarVox and
3
 The Petition to Adopt Conditions to Authorizations and Licenses and the September 15, 2006 Letter can be
found on the FCC IBFS website by searching for file number ITC-T/C-20060616-00317 and selecting
“Attachment Menu” from the Document Viewing area.
4
  The Petition to Adopt Conditions to Authorizations and Licenses and the July 25, 2007 Letter can be found on
the FCC IBFS website by searching for file numbers ITC-T/C-20070501-00175 or ITC-T/C-20070501-00173
and selecting “Other Filings related to this application” from the Document Viewing area.
5
 Domestic Authorization Granted, Application Filed for the Transfer of Control of Capital Telecommunications,
Inc. to StarVox Communications Inc., WC Docket No. 06-127, 21 FCC Rcd 10695 (WCB 2006); ITC-T/C-
20060616-00317, International Authorizations Granted, Section 214 Applications (47 C.F.R. § 63.18); Section
310(b)(4) Requests, Report No. TEL-01069, Public Notice, 21 FCC Rcd 10675 (IB 2006); Domestic Section 214
Authorization Granted, Applications for the Transfer of Control of StarVox Communications Inc. and Capital
Telecommunications, Inc. to U.S. Wireless Data, Inc., WC Docket No. 07-115, 22 FCC Rcd 15276 (WCB
2007); ITC-T/C- 20070501-00173, ITC-T/C-20070501-00175, International Authorizations Granted, Section
214 Applications (47 C.F.R. § 63.18); Section 310(b)(4) Requests, Report No. TEL-01180, Public Notice, 22
FCC Rcd 16035 (IB 2007).
6
 “On 1/28/2014, the Company’s [StarVox] bankruptcy case (#08-51447) was closed in the U.S. Bankruptcy
Court for the Northern District of California. This company is no longer actively traded on any major stock
exchange.” https://www.crmz.com/Report/ReportPreview.aspx?BusinessId=3168.
7
 On January 28, 2014 StarVox went out of business on completion of liquidation under Chapter 7
http://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=23646578.
8
  Capital Telecommunications, Inc. File No. EB-06-TC-4006, NAL/Acct. No. 200732170076, Apparent Liability
for Forfeiture, DA 10-1844, 25 FCC Rcd 13512 (TCD/EB 2010) (“CTI filed for bankruptcy protection and is no
longer active.”).
9
 Comments Invited on Application of Capital Telecommunications, Inc. and StarVox Communications, Inc. to
Discontinue Domestic Telecommunications Services, WC Docket No. 08-48, Public Notice, DA 08-791, 23
FCC Rcd 5619 (WCB 2008).



                                                                                                                 2


CTI are no longer active as of March 26, 2008. 10 Therefore, the Agencies believe that
StarVox and CTI are no longer providing services pursuant to any of the aforementioned
Section 214 authority.

        The LOAs provide that if the companies breach the commitments made in the letter,
including maintaining a point of contact, the Agencies may request that the FCC revoke,
cancel or render null and void the companies’ Section 214 authority. 11 Accordingly, the
Agencies request that the FCC terminate, declare null and void and/or revoke the domestic
and international Section 214 authority held by StarVox and CTI.


                                                            Respectfully,
                                                            /s/ Phil Ludvigson
                                                            Director,
                                                            Foreign Investment Risk Management
                                                            Office of Policy
                                                            Department of Homeland Security

cc:        Denise Coca
           Division Chief,
           Telecommunications and Analysis Division
           International Bureau, FCC
           denise.coca@fcc.gov

           Daniel Kahn
           Division Chief,
           Competition Policy Division
           Wireline Competition Bureau, FCC
           daniel.kahn@fcc.gov

           Glenn Kaminsky
           Office of General Counsel
           Operations and Enforcement Law Division
           Department of Homeland Security
           glenn.kaminsky@hq.dhs.gov

           Loyaan Egal
           Foreign Investment Review Staff
           National Security Division
           U.S. Department of Justice
           Loyaan.egal@usdoj.gov


10
  Federal Communications Commission, FCC Form 499 Filer Database,
http://apps.fcc.gov/cgb/form499/499detail.cfm?FilerNum=822110 (last visited May 14, 2018).
11
     September 15, 1006 LOA at 3; July 25, 2007 LOA at 2.



                                                                                                 3


Mr. Kyle L. Dickson, Esq.
General Counsel
Starvox Communications, Inc.
8275 El Rio, Suite 110
Houston TX, 17054
kdickson@starvox.com

Jonathan S. Marashlian, Esq.
Helein & Marashlian, LLC
1483 Chain Bridge Road, Suite 301
Mclean VA, 22101
jsm@commlawgroup.com

Thomas E. Rowley
Chief Executive Officer and Director
U.S. Wireless Data Inc.
2728 Orchard Parkway
San Jose, CA 95134

Andrew D Lipan
Swidler, Berlin, Shereff, Freidman, LLC
300 K St. NW, Suite 300
Washington DC 20007
adlipman@swidlaw.com

Jackie Sorman
Premier Corporate Services, Inc.
National Registered Agents, Inc.
1090 Vermont Avenue, NW, Suite 190
Washington DC 20005
jackies@premiercorp.com




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Document Created: 2018-07-24 16:16:54
Document Modified: 2018-07-24 16:16:54

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