FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,962
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Petitioner is involved in ongoing trademark litigation regarding use of the name "TATA."6 According to
Petitioner, a central, and potentially dispositive, issue in that litigation is the lawfulness of the services it
has been providing in the United States; in other words, whether it needs section 214 authority to provide
such services and whether it must contribute to the USF based on the provision of those services.
Petitioner states that it has filed a Motion to Stay with the court pending Commission action on its
Specifically, Petitioner seeks a ruling from the Commission that (1) it has been lawfully operating as an
international service provider since its entry into the U.S. market in 2006 as a private label prepaid calling
card distributor; (2) it has been lawfully providing international service through its VolP peering
arrangements; (3) it is not providing a telecommunications service that requires authorization pursuant to
section 214; and, (4) it is not required to file reports for or contribute to the USF.
EX PARTE STATUS OF THIS PROCEEDING
Pursuant to section 1.1200(a) of the Commission's rules,7 the Commission may adopt modified or
more stringent ex parte procedures in particular proceedings if the public interest so requires. We
announce that this proceeding will be governed by permit-but-disclose ex parte procedures that are
applicable to non-restricted proceedings under section 1.1206 of the Commission's rules.'
We direct parties making oral ex parte presentations to the Commission's statement re-
emphasizing the public's responsibility in permit-but-disclose proceedings.9 Parties are reminded that
memoranda summarizing the presentation must contain the presentation's substance and not merely list
the subjects discussed.10 More than a one- or two-sentence description of the views and arguments
presented is generally required." Other rules pertaining to oral and written presentations are set forth in
section 1.1206(b) as well.'2 We urge parties to use the Electronic Comment Filing System (ECFS) to file
ex parte submissions.
Interested parties must file comments no later than April 29, 2011. Replies to such pleadings
must be filed no later than May 16, 2011. All filings concerning matters referenced in this Public Notice
should refer to DA 11-573 and IB Docket No. 11-58.
6 Toronto Asia Tele Access Telecom Inc. and Manmohan Sing Thamber v. Tata Sons Limited, No. CV 09-01356
RSM (W.D. Wash. filed Sept. 29, 2009).
7 47 C.F.R. 1.1200(a).
' Id. 1.1206.
y See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
FCC Rcd 19945 (2000).
" See 47 C.F.R. 1.1206(b)(2).
2 Id. 1.1206(b).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/134/: accessed July 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.