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 Federal  Communications  Commission  DA  01-  1752 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 Telmex  International  Ventures  USA,  Inc. 
 Apparent  Liability  for  Forfeiture 


 )  ) 
 )  ) 
 ) 
 File  No.  EB-  00-  IH-  0040 
 NAL/  Acct.  No.  X32080002 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  July  24,  2001  Released:  July  25,  2001 
 By  the  Chief,  Enforcement  Bureau: 
 1.  This  Memorandum  Opinion  and  Order  (“  Order”)  cancels  a  $100,  000  Notice  of  Apparent 
 Liability  (“  NAL”)  issued  to  Telmex  International  Ventures  USA,  Inc.  for  apparent  violations  of  the  terms 
 and  conditions  of  its  grant  of  authority  for  transfer  of  control,  and  its  section  214  authorization  to  provide 
 international  switched  resale  services  to  all  points,  including  Mexico.  1 


 2.  Having  reviewed  the  record,  we  conclude  that  the  law  in  this  area  was  not  clear  enough  to 
 justify  the  imposition  of  a  forfeiture  under  the  circumstances  presented.  2  We  note  that  we  need  not  address 
 here  the  continuing  applicability  of  the  section  214  condition  at  issue  in  the  NAL. 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  504(  b)  of  the  Act  3  and  Section 
 1.  80(  f)(  4)  of  the  Commission’s  rules,  4  the  NAL  issued  to  Telmex  International  Ventures  USA,  Inc.  IS 
 CANCELLED. 


 4.  IT  IS  FURTHER  ORDERED  that,  a  copy  of  this  Order  shall  be  sent  by  certified  mail, 
 return  receipt  requested,  to  counsel  for  Telmex  International  Ventures  USA,  Inc.,  Gary  M.  Epstein,  Esq., 
 Latham  &  Watkins,  555  11  th  Street,  N.  W.,  Suite  1000,  Washington,  D.  C.  20004. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon 
 Chief,  Enforcement  Bureau 


 1  Telmex  International  Ventures  USA,  Inc.  Notice  of  Apparent  Liability  for  Forfeiture,  15  FCC  Rcd  714 
 (Enforcement  Bureau  2000). 
 2  See,  e.  g.,  February  14,  2000  Response  of  Telmex  International  Ventures  USA,  Inc.  to  Notice  of  Apparent 


 Liability  for  Forfeiture  at  5,  6. 
 3  47  U.  S.  C.  §  504(  b). 


 4  47  C.  F.  R.  §  180(  f)(  4). 
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