Federal Communications Commission DA 25-512 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) China Mobile International (USA) Inc. ) File No.: EB-IHD-22-00034388 ) CITATION AND ORDER Failure to Fully Comply with Commission Orders Adopted: June 16, 2025 Released: June 16, 2025 By the Acting Chief, Enforcement Bureau: I. NOTICE OF CITATION 1. This CITATION AND ORDER (Citation) notifies China Mobile International (USA) Inc. (China Mobile or Company) that it failed to fully comply with an order of the Federal Communications Commission (FCC or Commission). We therefore direct China Mobile to take immediate steps to respond fully to the Supplemental Letter of Inquiry (Supplemental LOI) issued by the Enforcement Bureau (Bureau) on February 26, 2025.1 If China Mobile fails to comply with this Commission order, it may be liable for significant fines as set forth in paragraph 24 below, including fines of up to the statutory maximum, or $25,132 for each violation or for each day of a continuing violation.2 2. Notice of Duty to Comply with the Law: We issue this Citation pursuant to section 503(b)(5) of the Communications Act of 1934, as amended (Act), which states that the Commission may not impose monetary forfeitures against a person3 who does not hold a license, permit, certificate, or other authorization issued by the Commission and a person who is not an applicant for such authorizations unless and until: (a) the Commission issues a citation to the violator; (b) the Commission provides the violator a reasonable opportunity to respond; and (c) the violator subsequently engages in conduct described in the citation.4 Accordingly, China Mobile is hereby on notice that it must comply with Commission orders issued pursuant to sections 4(i), 4(j), and 403 of the Act.5 If China Mobile subsequently engages in any conduct of the type this Citation describes — and specifically any violation 1 See Letter from Kent Bressie, et al., HWG LLP, to Marlene H. Dortch, Secretary, FCC, at 5, Response to Question 1 (Mar. 12, 2025) (Supplemental LOI Response); Letter from Christopher J. Sova, Chief, Investigations & Hearings Division, FCC Enforcement Bureau, to Kent Bressie, et al., HWG LLP (Apr. 3, 2025) (April 3 Demand Letter); Letter from Kent Bressie, et al., HWG LLP, to Marlene H. Dortch, Secretary, FCC (May 5, 2025) (Response to April 3 Demand Letter). 2 47 U.S.C. § 503(b)(2)(D); 47 CFR § 1.80(b)(12), Tbl. 5. These amounts are subject to inflation adjustments. See, e.g., Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 25-5, 2025 WL 100529 (EB Jan. 3, 2025); see also Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 90 Fed. Reg. 3710 (Jan. 15, 2025) (setting January 15, 2025 as the effective date for the increases). 3 A “person” includes an individual, partnership, association, joint-stock company, trust, or corporation. 47 U.S.C. § 153(39). 4 See Id. § 503(b)(5). 5 Id. §§ 154(i)-(j), 403. China Mobile holds an FCC Registration Number for doing business with the Commission, but we have not identified a Commission license or other authorization that it holds. See 47 CFR § 1.8002(a); see also Federal Communications Commission, Commission Registration System, China Mobile International (USA) Inc. – FRN 0021120928, https://apps.fcc.gov/cores/searchDetail.do?frn=0021120928&csfrToken= (last updated Dec. 5, 2022). Paragraph 5 herein provides a list of the Company’s services. Federal Communications Commission DA 25-512 of a Commission order issued pursuant to sections 4(i), 4(j), and 403 of the Act — China Mobile may be subject to civil penalties, including but not limited to substantial monetary forfeitures. In assessing such forfeitures, the Commission may consider both the conduct that led to this Citation and the conduct following it.6 3. Notice of Duty to Provide Information: Pursuant to sections 4(i), 4(j), and 403 of the Act,7 we direct China Mobile to respond in writing, within thirty (30) calendar days after the release date of this Citation and Order, to the requests for information set out in paragraph 14, below. II. BACKGROUND A. Legal Background 1. Compliance with Commission Orders 4. The Commission’s authority to conduct investigations and to compel the provision of information and documents is well settled. Sections 4(i), 4(j), 218, and 403 of the Act grant the Commission broad authority to conduct investigations and to compel entities to provide information and documents sought during such investigations.8 The Commission delegated authority to the Bureau to “conduct investigations . . . on its own initiative” of potential violations of the Act and the Commission’s rules.9 One of the investigatory tools at the Bureau’s disposal is a Letter of Inquiry (LOI). An LOI issued to an entity under investigation by the Bureau constitutes a Commission order, and a failure to respond fully and timely constitutes a violation of a Commission order10 and can give rise to a forfeiture penalty under section 503 of the Act.11 An investigation target’s failure to otherwise provide a complete and 6 See S. Rep. No. 95-580, 95th Cong., 1st Sess. at 9 (1977) (explaining that, under section 503(b)(1), if a person or entity that has been issued a citation by the Commission thereafter engages in the conduct for which the citation of violation was sent, “forfeiture liability would attach not only for the conduct occurring subsequently but also for the conduct for which the citation was originally sent”) (emphasis added). 7 47 U.S.C. §§ 154(i)-(j), 403. 8 Id. §§ 154(i)-(j), 218, 403. 9 47 CFR § 0.111(a)(17). The Commission’s rules delegate the Commission’s broad investigative authority to the Bureau. Specifically, it grants the Bureau the authority to “[i]dentify and analyze complaint information, conduct investigations, conduct external audits and collect information, including pursuant to sections 218, 220, 308(b), 403 and 409(e) through (k) of the [Act], in connection with complaints, on its own initiative or upon request of another Bureau or Office.” Id. “Any order, decision, report or action made or taken pursuant to any such delegation . . . shall have the same force and effect and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission.” 47 U.S.C. § 155(c)(3). 10 See, e.g., 47 U.S.C. § 155(c)(3); Aura Holdings of Wis., Inc., Notice of Apparent Liability for Forfeiture, 33 FCC Rcd 3688, 3696, para. 21 (2018) (Aura Holdings NAL), forfeiture order issued, 34 FCC Rcd 2540 (2019) (“An LOI issued by the Bureau constitutes a Commission order, and it is well established that a failure to respond to a Bureau LOI constitutes a violation of a Commission order.”); Carrera Commc’ns, LP, Notice of Apparent Liability for Forfeiture and Order, 20 FCC Rcd 13307, 13316, para. 22 (2005) (Carrera NAL), forfeiture order issued, 22 FCC Rcd 9585 (2007) (“Carrera’s willful and repeated failures to respond to the Bureau’s LOIs constitute apparent violations of Commission orders.”); see also Google Inc., Notice of Apparent of Liability for Forfeiture, 27 FCC Rcd 4012, 4036, para. 42 (EB 2012) (Google NAL) (“It is well established that a Commission licensee’s failure to respond to an LOI from the Bureau violates a Commission order.”). 11 47 U.S.C. § 503(b)(1)(B); see also Tone Commc’n Servs. LLC, Notice of Apparent Liability for Forfeiture, 39 FCC Rcd 843, 876, para. 88 (2024) (Tone NAL) (proposing a $200,000 forfeiture for the company’s failure to fully respond to two LOIs); City Commc’ns, Inc., Notice of Apparent Liability for Forfeiture, 39 FCC Rcd 801, 834, para. 90 (2024) (City Commc’ns NAL) (proposing a $200,000 forfeiture for the company’s failure to fully respond to two LOIs); ABC Fulfillment Servs., Notice of Apparent Liability for Forfeiture, 33 FCC Rcd 5530, 5542, para. 25 (2018) (ABC Fulfillment NAL), forfeiture order issued, 35 FCC Rcd 7441 (2020) (proposing a forfeiture of $39,278 for two violations stemming from the company’s failure to respond fully to the LOI and to the LOI citation and noting that repeated failures to respond to an LOI can result in upward adjustments of forfeiture penalties for egregiousness); Quadrant Holdings LLC, Q Link Wireless LLC, & Hello Mobile LLC, Notice of Apparent Liability for Forfeiture, 37 (continued….) 2 Federal Communications Commission DA 25-512 timely response to an LOI threatens to compromise the Commission’s ability to investigate violations of the Act and the Commission’s rules.12 Given the critical importance of LOIs to the Commission’s investigatory and regulatory functions, it is imperative that all investigation targets respond fully and on a timely basis.13 Additionally, investigation targets must provide sworn verification of the accuracy and truthfulness of their responses to the Commission’s inquiries.14 The Commission cannot rely on responses to inquiries that are not supported by the sworn statements of individuals with personal knowledge of the relevant matters.15 Failure to provide such sworn statements may result in a separate forfeiture penalty under section 503 of the Act.16 B. Factual Background 5. China Mobile is a privately held corporation incorporated in the State of Delaware as of May 19, 2011.17 It is headquartered in San Jose, California.18 The Company does business in California, Virginia, Georgia, Illinois, Colorado, Texas, California, Florida, New Jersey, New York, Oregon, Pennsylvania, and Washington.19 The Company provides various services including but not limited to information services. The Company sells or resells International Ethernet Private Line (IEPL), Multi- Protocol Label Switched Virtual Private Network (MPLS VPN), Software Defined Wide Area Network (SD-WAN), IP Transit, Dedicated Internet Access (DIA), Cloud Connect, Internet Data Center (IDC) resale services, and indefeasible rights of use for international bandwidth capacity (IRUs).20 China Mobile also provides ICT services.21 6. China Mobile does not have subsidiaries.22 China Mobile “does not hold, and has not previously held, direct or indirect ownership interests, or controlling interests, in other entities.”23 The FCC Rcd 9304 (EB 2022) (proposing a forfeiture of $100,000 for failure to fully and timely respond to an LOI and supplemental LOI); Net One Int’l Net One, LLC, Forfeiture Order, 29 FCC Rcd 264, 267, para. 9 (EB 2014) (issuing $25,000 forfeiture for failure to respond timely and fully to an LOI); Google NAL, 27 FCC Rcd at 4030, para. 41 (proposing a $25,000 forfeiture, in part, for failure to respond fully to an LOI); Fox Television Stations, Inc., Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 7074, 7081, para. 16 (EB 2010) (Fox NAL) (proposing a $25,000 forfeiture for failure to respond to an LOI). 12 See Neon Phone Serv., Inc., Notice of Apparent Liability for Forfeiture, 32 FCC Rcd 7964, 7974, para. 24 (2017) (Neon Phone NAL). 13 See ABC Fulfillment NAL, 33 FCC Rcd at 5542, para. 25 (“Prompt and full responses to Bureau inquiry letters are essential to the Commission’s enforcement function.”). 14 SBC Commc’ns, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7592, para. 6 (2002) (SBC Forfeiture Order). 15 Id. at 7593, para. 10 (“When the Commission conducts an investigation, the subject of the investigation may be the exclusive source of information on which the Commission must ultimately rely to determine the subject’s compliance. In these situations, the willingness of the subject to attest to the truth and accuracy of the information can be critical.”); Google NAL, 27 FCC Rcd at 4031, para. 44 (“In the absence of sworn statements by individuals with personal knowledge, the Bureau was unable to rely on the completeness or accuracy of Google’s responses.”). 16 47 U.S.C. § 503(b)(1)(B); see also SBC Commc’ns Forfeiture Order, 17 FCC Rcd at 7589, para. 1 (imposing a $100,000 forfeiture for failing to provide a sworn statement to accompany a response to a Bureau LOI). 17 Supplemental LOI Response, supra note 1, at 5, Response to Question 1. 18 Id. at 10, Response to Question 8; Letter from Kent Bressie, et al., HWG LLP, to Marlene H. Dortch, Secretary, FCC, at 4, Response to Question 4 (Dec. 9, 2022) (LOI Response). 19 LOI Response at 4, Response to Question 4. 20 Supplemental LOI Response, supra note 1, at 18-19, Response to Question 26; LOI Response at 7, Response to Question 14; see also Supplemental LOI Response, supra note 1, at 8, Response to Question 5 & Exhibit 16; LOI Response – Exhibits 5, 7. 21 Supplemental LOI Response, supra note 1, Exhibit 18. 22 LOI Response at 3, Response to Question 1. 23 Supplemental LOI Response, supra note 1, at 6, Response to Question 2. 3 Federal Communications Commission DA 25-512 Company has numerous affiliates in various countries, including but not limited to {[ ]}.24 Its affiliate in the United States is {[ ]}25 China Mobile is wholly owned by China Mobile International (UK) Limited (CMI UK).26 China Mobile’s indirect parent company is China Mobile International Limited (CMI) which owns CMI UK.27 China Mobile’s ultimate parent company is China Mobile International Holdings Limited (CMIHL), a Hong Kong company.28 Through various ownership interests, China Mobile Communications Corporation (CMCC) has majority voting and equity interests in CMIHL.29 CMCC is incorporated in China and is a state-owned enterprise subject to the supervision of the State-Owned Assets Supervision and Administration Commission of the State Council of the People’s Republic of China.30 7. In 2011, China Mobile applied for an international section 214 authorization requesting authority to provide international facilities-based and resale telecommunications services.31 In 2019, the Commission denied the Company’s application because it raised serious national security and law enforcement risks.32 The Commission found that China Mobile would be subject to the influence and control of the Chinese government as “supported by our understanding that Chinese law requires citizens and organizations, including state-owned enterprises, to cooperate, assist, and support Chinese intelligence efforts wherever they are in the world.”33 The Company, “which is indirectly owned and controlled by the Chinese government, [was] vulnerable to its exploitation, influence, and control and . . . would likely comply with espionage and intelligence requests made by the Chinese government.”34 As such, there was a significant possibility that the Chinese government’s influence and control could result in computer intrusions and attacks and economic espionage.35 On March 25, 2022, the Commission determined that China Mobile’s services associated with its application for international section 214 services posed “substantial and unacceptable risks to [United States] national security” and “capable of otherwise posing an unacceptable risk to the national security of the United States and its people.”36 As a result, the Commission placed China Mobile on the list of communications equipment and services that have been determined to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons (Covered List).37 8. In light of these serious risks to national security posed by the Company, the Bureau initiated an investigation to assess China Mobile’s continuing operations in the United States. On November 9, 24 Id. at 5, Response to Question 1; LOI Response supra note 18, at 3, Response to Question 1 & Exhibit 1 (CMIUSA-EB-000001). 25 Supplemental LOI Response, supra note 1, at 5, Response to Question 1; LOI Response supra note 18, at 3, Response to Question 1 & Exhibit 1 (CMIUSA-EB-000001). 26 Supplemental LOI Response, supra note 1, at 6, Response to Question 2. 27 Id. at 5, Response to Question 1; LOI Response, supra note 18, at 2, Response to Question 1. 28 LOI Response, supra note 18, at 2, Response to Question 1. 29 See Joint Application for Cable Landing License – Streamlined Processing Requested, App. B at 2-3 (Sept. 10, 2020) (File No. SCL-LIC-20200910-00044). 30 Id. at 3. 31 China Mobile Int’l (Usa) Inc., Memorandum Opinion and Order, 34 FCC Rcd 3361, 3364, para. 4 (2019). 32 Id. at 3362, para. 1. 33 Id. at 3369, para. 17. 34 Id. at 3368, para. 14. 35 Id. at 3372-3376, paras. 21-30. 36 Pub. Safety & Homeland Sec. Bureau Announces Additions to the List of Equip. & Servs. Covered by Section 2 of the Secure Networks Act, Public Notice, 37 FCC Rcd 4078, 4080 (2022) (Covered List). 37 Id.; see also 47 U.S.C. § 1601(d)(1); 47 CFR § 1.50002(a). 4 Federal Communications Commission DA 25-512 2022, the Bureau issued an LOI to China Mobile.38 On December 9, 2022, the Company provided its response to the LOI.39 Pursuant to the instructions of the LOI, China Mobile had a continuing obligation to supplement its responses if the information disclosed was incomplete or incorrect or if additional documents or information became known to the Company after the initial production.40 9. The Commission continued to investigate China Mobile’s ongoing operations in the United States. Despite the Commission’s denial of China Mobile’s application for international 214 authorization and despite the Commission’s placement of China Mobile’s international telecommunications services on the Covered List41, China Mobile may still be operating in the United States, because it claims that its status on the Covered List does not prohibit certain types of operations or otherwise. To assess the Company’s current levels and types of operation in the United States, on February 26, 2025, the Bureau issued a Supplemental LOI to the Company.42 The Company provided its response to the Supplemental LOI on March 12, 2025.43 On April 3, 2025, the Bureau issued a letter to China Mobile (April 3 Demand Letter) identifying specific deficiencies in the Company’s Supplemental LOI Response including, inter alia, failures to provide complete narrative responses to certain subparts of inquiries and failures to provide current and complete documents.44 The Bureau reminded China Mobile that it had a continuing obligation to respond to the Bureau’s LOIs.45 The Bureau further reminded the Company that the April 3 Demand Letter constituted an order of the Commission to produce the documents and information requested therein and failure to respond fully would constitute a violation of the Act and the Commission’s rules.46 On May 5, 2025, China Mobile provided its response to the April 3 Demand Letter.47 The Company’s response failed to provide the specific information and documentation requested in the Supplemental LOI and the subsequent April 3 Demand Letter. Instead of providing the requested information, China Mobile stated that its Supplemental LOI Response provided information in the form it found appropriate including cross references to its 2022 LOI response; that it objected to the inquiries; and that the information requested was otherwise available to the Bureau through other means.48 III. APPLICABLE LAW AND VIOLATIONS 10. The Commission considers failure to provide complete and timely responses to Bureau LOIs in the manner requested to be obstruction of a Bureau investigation.49 Sections 4(i), 4(j), and 403 of the 38 Letter from Jeffrey J. Gee, Chief, Investigations and Hearings Division, FCC Enforcement Bureau, to Daniel Chen Xuan, President, China Mobile International (USA) Inc. (Nov. 9, 2022) (LOI). 39 See generally LOI Response, supra note 18. 40 LOI at 10. 41 See generally Covered List; see also Federal Communications Commission, List of Equipment and Services Covered by Section 2 of The Secure Networks Act, https://www.fcc.gov/supplychain/coveredlist (last visited June 6, 2025). 42 Letter from Chistopher J. Sova, Chief, Investigations & Hearings Division, FCC Enforcement Bureau, to Sophia Weiming Su, President, China Mobile International (USA) Inc., et al. (Feb. 26, 2025) (Supplemental LOI). 43 See generally Supplemental LOI Response, supra note 1. 44 See generally April 3 Demand Letter, supra note 1. 45 Id. at 3. 46 Id. 47 See generally Response to April 3 Demand Letter, supra note 1. 48 Id. 49 See Barrier Commc’ns Corp. d/b/a Barrierfree, Notice of Apparent Liability for Forfeiture, 35 FCC Rcd 10186, 10201, para. 36 (2020) (failing to provide complete responses to either an LOI or Supplemental LOI “has the continued effect of obstructing our investigation, inferences, and conclusions”); ABC Fulfillment NAL, supra note 11, at 5542, para. 25 (concluding that the company’s failure to fully respond to the LOI obstructed the Bureau’s (continued….) 5 Federal Communications Commission DA 25-512 Act afford the Commission broad authority to investigate potential violations of the Act.50 Section 4(i) authorizes the Commission to “issue such orders, not inconsistent with this [Act], as may be necessary in the execution of its functions.”51 Section 4(j) states that “[t]he Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice.”52 Section 403 grants the Commission “full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which complaint is authorized to be made, to or before the Commission by any provision of this [Act], or concerning which any question may arise under any of the provisions of this [Act], or relating to the enforcement of any of the provisions of this [Act].”53 Further, section 403 gives “[t]he Commission ... the power to make and enforce any order or orders” relating to its inquiries into compliance with the Act.54 11. Accordingly, prompt and complete responses to Bureau LOIs are critical to the Commission’s enforcement function.55 A party’s failure to respond to an LOI from the Bureau constitutes violation of a Commission order.56 Such violations do not always entail a party’s total failure to respond; numerous decisions recognize that parties may violate Commission orders by providing incomplete or untimely responses to Bureau inquiries or by failing to properly certify the accuracy of responses.57 As we have warned, “[t]he Commission is not required to bargain for the information needed. LOI recipients must provide timely and complete responses to LOIs even when producing the requested information ‘would be a time-consuming and burdensome task.’”58 Nor do we need to “justify the scope of an investigation investigation which caused delay and expenditure of resources); Calling Post Commc’ns, Inc., Forfeiture Order, 30 FCC Rcd 1026 (EB 2015) (imposing a penalty against a company for obstruction of a Bureau investigation because the company repeatedly failed to answer the Bureau’s questions and to produce documents and noting that we “will not tolerate attempts by . . . any other company to evade or ignore our lawful inquiries”). 50 47 U.S.C. §§ 154(i)-(j), 403; see also Aura Holdings NAL, supra note 10, at 3696, para. 21; ABC Fulfillment NAL, supra note 11, at 5537-38, para. 15. 51 47 U.S.C. § 154(i). 52 Id. 53 Id. § 403. 54 Id. 55 Carrera NAL, supra note 10, at 13319, para. 31; see also ABC Fulfillment NAL, supra note 11, at 5542, para. 25 (“Prompt and full responses to Bureau inquiry letters are essential to the Commission’s enforcement function.”). 56 See supra paragraph 4. 57 See City Commc’ns NAL, supra note 11, at 830, para. 77; Tone NAL, supra note 11, at 872, para. 75; Google NAL, supra note 10, at 4030, para. 42. 58 See Hilton Worldwide Holdings, Inc., Notice of Apparent Liability for Forfeiture, 30 FCC Rcd 12284, 12291, para. 21 (EB 2015) (Hilton NAL); id. at 12292, para. 22 (“An entity that receives a letter of inquiry from the Commission must submit a proper response regardless of objections that responding would be unduly burdensome or doubts concerning the Bureau’s authority.”). This is the case even if the investigation target believes the inquiries are outside the scope of the Commission’s authority. SBC Forfeiture Order, supra note 14, at 7591, 7598, paras. 5, 20 (stating that “parties are required to comply with Commission orders even if they believe them to be outside the Commission’s authority” and they cannot “ignore a Commission order simply because [they] believe[] such order to be unlawful.”); Peninsula Commc’ns, Inc., Forfeiture Order, 17 FCC Rcd 2832, 2834, para. 5 (2002) (“[A] licensee cannot ignore a Commission order simply because it believes such order to be unlawful.”); Fox NAL, supra note 11, at 7080, para. 14 (“[P]arties must comply with Bureau orders even if they believe them to be outside the Commission’s authority.”); World Commc’ns Satellite Sys., Inc., Notice of Apparent Liability for Forfeiture, 18 FCC Rcd 18545, 18546, para. 5 (EB 2003) (“[P]arties are required to comply with Bureau orders even if they believe them to be outside the Commission’s authority.”). 6 Federal Communications Commission DA 25-512 to the satisfaction of the subject of that investigation.”59 All recipients of an LOI must respond to the Commission order as long as such order remains in effect.60 12. China Mobile has repeatedly failed to comply with these mandates, most recently by failing to fully respond to the Supplemental LOI, to cure the deficiencies delineated in the April 3 Demand Letter, and to provide a sworn affidavit or declaration attesting to the accuracy and truthfulness of its May 5 response to the April 3 Demand Letter. All regulated entities must fully respond to Bureau LOIs in the form and timeframe requested by the Bureau with an accompanying sworn statement attesting to the truthfulness and accuracy of such information.61 The Bureau’s April 3 Demand Letter identified deficiencies in China Mobile’s Supplemental LOI Response whereby China Mobile merely cross referenced its 2022 LOI response which in fact contained information and documents that were either outdated or not responsive to all parts of an inquiry.62 The Company also provided incomplete documents.63 As the Supplemental LOI was a Commission Order, China Mobile was required to provide explanations and documentation in the form and timeframe requested by the Bureau. Nonetheless, China Mobile’s May 5 response to the April 3 Demand Letter did not do so, instead stating that the information requested in the Bureau’s April 3 Demand Letter had already been provided or was otherwise available to the Commission through other means,64 without providing a sworn affidavit or declaration attesting to the truthfulness and accuracy of these assertions. Furthermore, China Mobile had 14 calendar days to respond to the Supplemental LOI. China Mobile also had 30 calendar days available to it to respond to the April 3 Demand Letter and cure the deficiencies in its Supplemental LOI Response. Yet, the Company did not fully respond to the Supplemental LOI and refused to comply with the directives in the April 3 Demand Letter. 13. In sum, China Mobile’s conduct throughout this matter exhibits a disregard for the Commission’s authority and threatens to compromise the Commission’s ability to adequately investigate violations of the Act and its rules.65 Such misconduct inhibits our ability to detect and deter potential rule and statutory violations and wastes valuable Commission resources.66 Such misconduct is particularly concerning in the context of national security, where the Commission’s responsibilities are most acute. 59 Hilton NAL, 30 FCC Rcd at 12291, para. 21. 60 47 U.S.C. § 416(c). 61 See, e.g., City Commc’ns NAL, supra note 11, at 830, para. 77 (concluding that the company failed to respond fully to a Bureau LOI when it failed to include, among other things, complete narrative responses to the inquiries and all requested documentation); ABC Fulfillment NAL, supra note 11, at 5542, para. 25 (concluding that the company’s failure to fully respond to the LOI obstructed the Bureau’s investigation which caused delay and expenditure of resources as staff had to review information found on the company website “instead of having the information provided directly by [the company] as required.”); Unicom Commc’ns, L.L.C., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 4361, 4364, para. 9 (EB 2006), consent decree, 23 FCC Rcd 9068 (2008) (finding that an investigation target failed to fully respond to bureau inquiries by it failed to provide complete responses and responses in the proper format). 62 See generally April 3 Demand Letter, supra note 1. 63 Id. 64 See generally Response to April 3 Demand Letter, supra note 1. 65 See Carrera NAL, supra note 10, at 13319, para. 31 (“[M]isconduct of this type . . . exhibits a disregard for the Commission’s authority that cannot be tolerated, and, more importantly, it threatens to compromise the Commission’s ability to adequately investigate violations of its rules.”); see also Fox NAL, supra note 11, at 7081, para. 15 (“Misconduct of this type exhibits contempt for the Commission’s authority and threatens to compromise the Commission’s ability to adequately investigate violations of its rules.”). 66 See Aura Holdings NAL, supra note 10, at 3698, para. 27 (“[F]ailure to respond also delayed the Bureau’s investigation and caused it to expend resources to determine information about the Company that it would have received had [the company] responded to the LOI.”); Fox NAL, supra note 11, at 7081, para. 15 (concluding that the company’s failure to provide complete and timely responses delayed the Bureau’s investigation, caused the (continued….) 7 Federal Communications Commission DA 25-512 IV. REQUEST FOR INFORMATION 14. We direct China Mobile to provide the following to its response to the Supplemental LOI within 30 calendar days from the release date of this Citation with an accompanying sworn affidavit or declaration67: • Full narrative answer to Inquiry No. 5(a), (c)-(i). • Full narrative answer to Inquiry No. 27(h)-(i). • Provide current documents responsive to Inquiry No. 28. If current documentation has not been submitted pursuant to section 43.82 of the Commission’s rules68, the Company must state so and explain the reasons for its inaction. • Full narrative answer to Inquiry No. 29, including an explanation of whether the contracts or agreements for provision of the relevant services remain effective as of the date of the Company’s response to the Supplemental LOI, and if any such contracts or agreements are no longer in effect, provide documentation confirming the date that the contracts or agreements ceased to be in effect. • Full narrative answer to Inquiry No. 30 including an updated response regarding the Company’s domestic network, identification of the services that are provided on the network or the infrastructure that is used, and if leased, from whom. • Full narrative answer to Inquiry No. 31(a)-(c), (e)-(h). • Full narrative answer to Inquiry No. 40(a)-(h). • Full narrative answer to Inquiry No. 49(a)-(i). • Provide up-to-date documents responsive to Inquiry No. 51. • Provide responsive documentation to Inquiry No. 62 or otherwise provide a detailed explanation as to why the Company does not have the documentation. • Provide responsive documentation to Inquiry No. 63 or otherwise provide a detailed explanation as to why the Company does not have the documentation. • Provide complete records to Exhibit 16 including all missing pages to the documents in the subfolder entitled “IRU” or otherwise provide a detailed explanation as to why the Company does not have the documentation. 15. Failure to provide complete and timely responses in the proper format as ordered herein may constitute an additional violation subjecting China Mobile to further penalties. V. OPPORTUNITY TO RESPOND TO THIS CITATION 16. China Mobile may respond to this Citation within 30 calendar days from the release date of this Citation by any of the following methods: (1) a written statement, (2) a teleconference interview, or (3) a personal interview at the Commission Field Office nearest to China Mobile’s place of business. The Commission Field Office nearest China Mobile is located in San Francisco, CA. Commission to expend additional, significant resources to send LOIs to other entities, and inhibited the Bureau’s ability to examine the alleged violations); Google NAL, supra note 10, at 4031, para. 45 (noting that the Bureau expended considerable effort to obtain documents and information in response to inquiries that should not have been necessary had the company complied). 67 This list reflects the deficiencies in China Mobile’s response to the Supplemental LOI. A more fulsome explanation of the deficiencies are delineated in the April 3 Demand Letter which is incorporated by reference herein. 68 47 CFR § 43.82. 8 Federal Communications Commission DA 25-512 17. If China Mobile requests a teleconference or personal interview, contact Christopher J. Sova, Chief, Investigations and Hearings Division, FCC Enforcement Bureau at Christopher.Sova@fcc.gov and IHDTelecom@fcc.gov. We note that such teleconference or interview must take place within 30 calendar days of the release date of this Citation. If China Mobile prefers to submit a written response with supporting documentation, it must send the response within 30 calendar days of the release date of this Citation to the contact and address provided in paragraph below. 18. All written communications should be sent to the address and e-mail below. Christopher J. Sova Chief Enforcement Bureau, Investigations & Hearings Division Federal Communications Commission 45 L St NE Christopher.Sova@fcc.gov IHDTelecom@fcc.gov RE: EB-IHD-22-00034388 19. Upon request, the Commission will make reasonable accommodations for persons with disabilities. If applicable, China Mobile should provide a description of the accommodation required, and include as much detail as possible, and also provide a telephone number and other contact information. China Mobile should allow at least five business days advance notice; last minute requests will be accepted, but may be impossible to fill. China Mobile should send an e-mail to fcc504@fcc.gov or call the FCC’s Consumer & Governmental Affairs Bureau: For sign language interpreters, CART, and other reasonable accommodations: 202-418-0530 (voice), 202-418-0432 (tty); For accessible format materials (braille, large print, electronic files, and audio format): 202-418-0531 (voice), 202-418-7365 (tty). 20. We advise China Mobile that it is a violation of section 1.17 of the Commission’s rules69 for any person to make any false or misleading written or oral statement of fact to the Commission. Specifically, no person shall: (1) In any written or oral statement of fact, intentionally provide material factual information that is incorrect or intentionally omit material information that is necessary to prevent any material factual statement that is made from being incorrect or misleading; and (2) In any written statement of fact, provide material factual information that is incorrect or omit material information that is necessary to prevent any material factual statement that is made from being incorrect or misleading without a reasonable basis for believing that any such material factual statement is correct and not misleading. 21. Further, the knowing and willful making of any false statement, or the concealment of any material fact, in reply to this Citation is punishable by fine or imprisonment.70 22. Violations of section 1.17 of the Commission’s rules or the criminal statute referenced above may result in further legal action, including monetary forfeitures pursuant to section 503 of the Act. 69 Id. § 1.17. 70 18 U.S.C. § 1001. 9 Federal Communications Commission DA 25-512 23. Finally, consistent with the Privacy Act of 197471 and relevant Commission Privacy Act systems of records notices,72 Commission staff may use all relevant material information before it, including information disclosed by individuals in interviews or written statements, to determine what, if any, enforcement action is required to ensure China Mobile’s compliance with the Act and the Commission’s rules. VI. FUTURE VIOLATIONS 24. If, after receipt of this Citation, China Mobile again violates sections 4(i), 4(j), and 403 of the Act by engaging in conduct of the type described herein, the Commission may impose sanctions for each such violation. For example, the Commission may impose monetary forfeitures. The Commission may impose forfeitures not to exceed $25,132 for each such violation or each day of a continuing violation, and up to $188,491 for any single act or failure to act.73 The Commission may further adjust the forfeiture reflecting enumerated statutory factors, which include the nature, circumstances, extent, and gravity of the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.74 Further, as discussed above, the Commission may assess forfeitures on both the conduct that led to this Citation and the conduct following it.75 VII. ORDERING CLAUSES 25. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Act,76 that China Mobile must cease and desist from failing to provide complete and current responses to Bureau inquiries, in violation of Commission orders issued pursuant to sections 4(i), 4(j), and 403 of the Act.77 26. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 403 of the Act,78 that China Mobile must provide the written information requested in paragraph 14, above. China Mobile must support its responses with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of China Mobile with personal knowledge of the representations provided in the response, verifying the truth and accuracy of the information therein and that all of the information requested has been produced. All such declarations provided must comply with section 1.16 of the Commission’s rules and be substantially in the form set forth therein.79 The FCC must receive the response within 30 calendar days of the release date of this Citation and Order. 27. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be sent by first class mail and certified mail, return receipt requested, to Sophia Weiming Su, President, 6320 San Ignacio 71 5 U.S.C. § 552a(e)(3). 72 See, e.g., Federal Communications Commission, Privacy Act of 1974; System of Records, FCC/EB-5, Enforcement Bureau Activity Tracking System (EBATS), 88 Fed. Reg. 72071 (Oct. 19, 2023); Federal Communications Commission, Privacy Act of 1974; System of Records, FCC/IB-1, International Bureau Filing System, 86 Fed. Reg. 43237 (Aug. 6, 2021). 73 See 47 U.S.C. § 503; 47 CFR § 1.80(b). This amount is subject to further adjustment for inflation. See, e.g., Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 25-5, 2025 WL 100529 (EB Jan. 3, 2025); see also Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 90 Fed. Reg. 3710 (Jan. 15, 2025) (setting January 15, 2025 as the effective date for the increases). 74 See 47 U.S.C. § 503(b)(2)(E); 47 CFR § 1.80(b)(11). 75 See supra paragraph 2. 76 47 U.S.C. § 154(i)-(j). 77 Id. §§ 154(i)-(j), 403. 78 Id. §§ 154(i)-(j), 403. 79 47 CFR § 1.16. 10 Federal Communications Commission DA 25-512 Avenue, San Jose, CA 95119, and to Kent Bressie and Stephen Miller, Counsel for China Mobile International (USA) Inc., HWG LLP, 1919 M Street NW, Suite 800, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION Patrick Webre Acting Chief Enforcement Bureau 11