Federal Communications Commission	DA 23-1169


DA 23-1169
Released: December 15, 2023
	
INTERCONNECTED VOIP NUMBERING AUTHORIZATION APPLICATION FILED BY RGTN USA, INC. PURSUANT TO SECTION 52.15(g)(3) OF THE COMMISSION’S RULES

NON-STREAMLINED PLEADING CYCLE ESTABLISHED

WC Docket No. 23-335 We assign WC Docket No. 23-335 for this application and all related filings by the Applicant and interested parties.  See Wireline Competition Bureau Announces Commencement Date and Process for Interconnected VoIP Providers to File Applications for Authorization to Obtain Telephone Numbers, Public Notice, 31 FCC Rcd 949, 950 (WCB 2016).  



Comments Due: January 14, 2024

RGTN USA, Inc., (RGTN) is an interconnected Voice over Internet Protocol (VoIP) provider with 10% or greater foreign ownership.  See Application of RGTN USA, Inc. for Authorization to Obtain Numbering Resources, WC Docket No. 23-335 (filed Nov. 17, 2023), https://www.fcc.gov/ecfs/document/111754529215/1 (Application): Supplement of RGTN USA, Inc. for Authorization to Obtain Numbering Resources, WC Docket No. 23-335 (filed Dec. 7, 2023), https://www.fcc.gov/ecfs/document/12072721728834/1 (Supplement).
  RGTN has filed a Numbering Authorization Application (Application), pursuant to section 52.15(g)(3) of the Commission’s rules, seeking authorization to obtain North American Numbering Plan telephone numbers directly from the Numbering Administrator. See Application at 1; 47 CFR § 52.15(g)(3).  
  In its Application, RGTN indicates that it intends to initially request numbers in California, Florida, Georgia, Illinois, Iowa, Massachusetts, New Jersey, New York, North Carolina, Ohio, Pennsylvania, and Texas. See Application at 5-6; see also Numbering Policies for Modern Communications et al., Report and Order, 30 FCC Rcd 6839, 6850, para. 24 & n.74 (2015) (VoIP Direct Access to Numbers Order). 
  We find that RGTN’s application for authorization for direct access to telephone numbers requires further analysis to determine whether granting the Application will serve the public interest, and we hereby notify RGTN that the Application is being accepted on a non-streamlined basis and will not be granted automatically. 47 CFR § 52.15(g)(3)(iii)(D). 
  

In its Application, RGTN includes the contact information and acknowledgments required by section 52.15(g)(3)(i) of the Commission’s rules. Application at 1-5; see 47 CFR § 52.15(g)(3)(i)(A)-(C), (F).
  RGTN provides evidence that it will be capable of providing service within 60 days of the numbering resources activation date. Application at 3, Exhs. A-B; Supplement, Exhs. A-B; see 47 CFR § 52.15(g)(3)(i)(D).
  RGTN also certifies that it complies with the contribution, regulatory fee, and 911 obligations set forth in section 52.15(g)(3)(i)(E). Application at 4; see 47 CFR § 52.15(g)(3)(i)(E); see also id. §§ 1.1154, 52.17, 52.32, 64.604(c)(5)(iii); id. pts. 9 and 54, subpt. H.
   In addition, RGTN certifies that it has the financial, managerial, and technical expertise to provide reliable service. Application at 4-5; see 47 CFR § 52.15(g)(3)(i)(F).
  RGTN further certifies that none of its key management and technical personnel are being or have been investigated by the Federal Communications Commission, or any law enforcement or regulatory agency, for failure to comply with any law, rule, or order. Application at 5; see 47 CFR § 52.15(g)(3)(i)(F).
  Finally, RGTN certifies that no party to the application is subject to a denial of Federal benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988. Application at 5; see 47 CFR § 52.15(g)(3)(i)(G); see also 21 U.S.C. § 862.
  

Referral to Executive Branch Agencies.  Through this Public Notice, pursuant to Commission practice, the Application is being referred to the relevant Executive Branch agencies for their views on any national security, law enforcement, foreign policy, or trade policy concerns related to the foreign ownership of the Applicant. Application, Exh. D. (listing country of citizenship as the Netherlands, with 100% ownership via Leonardus Aldegonda Johannes Herps, CEO, and Katrin Herps-Oskomic, Shareholder).  See 47 CFR § 1.40001;  Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, IB Docket No. 16-155, Report and Order, 35 FCC Rcd 10927 (2020), Erratum (Appendix B — Final Rules), DA 20-1404 (OMD/IB rel. Nov. 27, 2020); see also Rules and Policies on Foreign Participation in the U.S. Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket Nos. 97-142 and 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23918-19, paras. 61-63 (1997), recon. denied, 15 FCC Rcd 18158 (2000).


GENERAL INFORMATION

The Application identified herein has been found, upon initial review, to be acceptable for filing as a non-streamlined application.  The Commission reserves the right to return any interconnected VoIP Numbering Authorization Application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules and policies.  Pursuant to section 52.15(g)(3)(ii) of the Commission’s rules, 47 CFR § 52.15(g)(3)(ii).
 interested parties may file comments in WC Docket No. 23-335 on or before January 14, 2024.  Commenters must serve a copy of comments on RGTN no later than the above comment filing date.  

§ Electronic Filers:  Comments may be filed electronically by accessing ECFS at https://apps.fcc.gov/ecfs.
§ Paper Filers:  Parties who choose to file by paper must file an original and one copy of each filing.  If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.
§ Filings can be sent by commercial overnight courier or by first-class or overnight U.S. Postal Service mail.  All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission.
§ Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.  U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.
§ Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19.  See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20-304 (March 19, 2020).  https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy
§ People with Disabilities:  We ask that requests for accommodations be made as soon as possible in order to allow the agency to satisfy such requests whenever possible.  Send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530.

In addition, e-mail one copy of each pleading to each of the following:

1) DAA@fcc.gov;   

2) Margoux Newman, Competition Policy Division, Wireline Competition Bureau, Margoux.Newman@fcc.gov; 

3) Michaela Mastroianni, Competition Policy Division, Wireline Competition Bureau, Michaela.Mastroianni@fcc.gov; 

4) Michelle Sclater, Competition Policy Division, Wireline Competition Bureau, Michelle.Sclater@fcc.gov. 

The proceeding in this Notice will be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.  Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies).  Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation.  If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum.  Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). 47 CFR § 1.1206(b).
  Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.

	Please contact DAA@fcc.gov, Margoux Newman at Margoux.Newman@fcc.gov, Michaela Mastroianni at Michaela.Mastroianni@fcc.gov, or Michelle Sclater at Michelle.Sclater@fcc.gov for further information.
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