Federal Communications Commission DA 23-652 DA 23-652 Released: August 1, 2023 ROBOCALL ENFORCEMENT NOTICE TO ALL U.S.-BASED VOICE SERVICE PROVIDERS FCC Enforcement Bureau Notifies All U.S.-Based Providers of Rules Permitting Them to Block Robocalls Transmitting from One Owl Telecom Inc. File No. EB-TCD-20-00031678 By the Chief, Enforcement Bureau: The Enforcement Bureau (Bureau) of the Federal Communications Commission (FCC or Commission) issues this Public Notice to notify all U.S.-based voice service providers about substantial amounts of apparently unlawful robocalls originating from or transmitted by One Owl Telecom Inc. (One Owl). Pursuant to section 64.1200(k)(4) of the Commission’s Rules, we hereby notify all U.S.-based voice service providers that if One Owl fails to mitigate the identified traffic described in the cease-and-desist letter listed below, U.S.-based voice service providers may block voice calls or cease to accept traffic from One Owl, without liability under the Communications Act or the Commission’s rules. 47 CFR § 64.1200(k)(4) (permitting downstream providers to block calls from a notified provider that fails to either (a) mitigate the identified traffic within 48 hours or (b) implement effective measures to prevent new and renewing customers from using its network to originate illegal calls). Contemporaneous with this Public Notice, the Bureau is issuing a cease-and-desist letter to the following voice service provider: Letter from Loyaan A. Egal, Chief, Enforcement Bureau, to Aashay Khandelwal, CEO, One Owl Telecom Inc. (Aug. 1, 2023) (One Owl Letter). This letter is available on the Commission’s website at https://www.fcc.gov/robocall-facilitators-must-cease-and-desist. · One Owl USTelecom’s Industry Traceback Group (Traceback Consortium) USTelecom’s Industry Traceback Group is the registered industry consortium selected pursuant to the TRACED Act, to conduct tracebacks to identify suspected bad actors. Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, Pub. L. No. 116-105 § 13(d), 133 Stat. 3274 (2019); see also Implementing Section 13(d) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, 35 FCC Rcd 3113, 3113, para. 1 (2020). identified One Owl as an originating or gateway provider for substantial volumes of apparently unlawful robocalls, including calls related to fictitious purchase orders. See ITG Subpoena Response on file at EB-TCD-20-00030805 (Mar. 3, 2023) (March ITG Subpoena Response); ITG Subpoena Response on file at EB-TCD-20-00030805 (Apr. 17, 2023) (April ITG Subpoena Response); ITG Subpoena Response on file at EB-TCD-20-00030805 (June 22, 2023) (June ITG Subpoena Response). Pursuant to the cease-and-desist letter, One Owl must: (1) immediately investigate the traffic identified in the letter; (2) effectively mitigate the identified traffic; (3) implement effective safeguards to prevent customers from using One Owl’s network to implement illegal calls; (4) notify the Bureau and the Traceback Consortium, within 48 hours, of the steps taken to mitigate the identified traffic; and (5) inform the Bureau and the Traceback Consortium, within 14 days, of the steps that One Owl has taken to prevent new or renewing customers from using its network to transmit illegal robocalls. One Owl Letter at 5; see also 47 CFR § 64.1200(k)(4); see also id. § 64.1200(f)(18) (“The term effectively mitigate means identifying the source of the traffic and preventing that source from continuing to originate traffic of the same or similar nature.”). As a gateway provider, One Owl is subject to additional obligations identified in the One Owl Letter. One Owl Letter at 3-5. If One Owl fails to comply with those requirements, it may be subject to mandatory blocking by downstream voice service providers. See 47 CFR § 64.1200(n)(5)-(6) (requiring blocking). Purpose. Protecting individuals and entities from the dangers of unwanted and illegal robocalls is the Commission’s top consumer protection priority. Consumer Guide: Stop Unwanted Robocalls and Texts, Fed. Commc’ns Comm’n, https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts (last visited July 7, 2023) (“Unwanted calls – including illegal and spoofed robocalls – are the FCC’s top consumer complaint and our top consumer protection priority.”). As part of the Commission’s multi-pronged approach to combatting illegal robocalls, the Commission has taken steps to encourage voice service providers to block suspected illegal robocalls. See 47 CFR § 64.1200(k); Advanced Methods to Target and Eliminate Unlawful Robocalls, CG Docket No. 17-59, Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed Rulemaking, 35 FCC Rcd 7614, 7622, para. 19 (2020) (July 2020 Call Blocking Order) (establishing safe harbor for blocking traffic from bad-actor upstream voice service providers); Advanced Methods to Target and Eliminate Unlawful Robocalls; Call Authentication Trust Anchor, CG Docket No 17-59, WC Docket No. 17-97, Declaratory Ruling and Third Further Notice of Proposed Rulemaking, 34 FCC Rcd 4876, 4887-88, paras. 34-46 (2019) (blocking based on reasonable analytics with consumer op-out and consumer whitelists); Advanced Methods to Target and Eliminate Unlawful Robocalls, CG Docket No. 17-59, Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 9706, 9709, para. 9 (2017) (blocking of certain categories of calls highly likely to be illegal). The Commission permits voice service providers to block traffic from other voice service providers that the Bureau has warned are transmitting suspected illegal robocalls. July 2020 Call Blocking Order, at 7628-29, paras. 36-39; see 47 CFR § 64.1200(k)(4). The Bureau has issued numerous “cease-and-desist” letters, warning voice providers that they were originating or transmitting suspected illegal robocalls and could be subject to blocking. These letters are available on the Commission’s website at https://www.fcc.gov/robocall-facilitators-must-cease-and-desist. The Commission placed additional obligations on gateway providers in May 2022 by requiring they block illegal traffic when the Bureau has notified them of such traffic. 47 CFR § 64.1200(n)(5); Advanced Methods to Target and Eliminate Unlawful Robocalls, Call Authentication Trust Anchor, CG Docket No. 17-59, WC Docket No. 17-97, Sixth Report and Order in CG Docket No. 17-59, Fifth Report and Order in WC Docket No. 17-97, Order on Reconsideration in WC Docket No. 17-97, Order, Seventh Further Notice of Proposed Rulemaking in CG Docket No. 17-59, and Fifth Further Notice of Proposed Rulemaking in WC Docket No. 17-97, FCC 22-37, para. 74 (2022) (Gateway Provider Order). Failure to do so may require the gateway provider’s immediate downstream providers to block all of its traffic if the gateway provider continues to transmit substantially similar traffic or fails to respond to the Bureau’s cease-and-desist letter. 47 CFR § 64.1200(n)(6) (requiring downstream providers to block a gateway provider’s traffic if the Bureau issues a Final Determination Order finding that the gateway provider has failed to block illegal traffic as required by section 64.1200(n)(5)); Gateway Provider Order, FCC 22-37 at para. 74. Nature of Apparently Unlawful Robocall Traffic. One Owl is originating and transmitting unlawful calls, apparently without the requisite consent from called parties, See 47 U.S.C. § 227(b); 47 CFR § 64.1200(a). including many apparently related to fictitious orders. See March ITG Subpoena Response, supra note 4; April ITG Subpoena Response, supra note 4; June ITG Subpoena Response, supra note 4. Some calls purported to be from “AMC Trading LLC” and stated that “your product is ready to ship.” See March ITG Subpoena Response, supra note 4. The calls asked consumers to confirm the order. See id.; April ITG Subpoena Response, supra note 4; June ITG Subpoena Response, supra note 4. Other calls stated that a “pre-authorized order” had been “placed on your name.” See March ITG Subpoena Response, supra note 4; April ITG Subpoena Response, supra note 4; June ITG Subpoena Response, supra note 4. The call did not state what the order was for or where the order was placed. See March ITG Subpoena Response, supra note 4; April ITG Subpoena Response, supra note 4; June ITG Subpoena Response, supra note 4. Between February 3, 2023 and May 31, 2023, One Owl appeared in over 40 tracebacks as an originating or gateway provider for suspected illegal robocalls pertaining to fictitious orders. See March ITG Subpoena Response, supra note 4; April ITG Subpoena Response, supra note 4; June ITG Subpoena Response, supra note 4. Nature of One Owl’s Operations. One Owl is closely linked to One Eye LLC (One Eye) and Illum Telecommunication Limited (Illum), both of which have been the subject of FCC enforcement actions for transmitting illegal traffic. Letter from Rosemary C. Harold, Chief, Enforcement Bureau, to Prince Anand, CEO, PZ/Illum Telecommunication (Oct. 21, 2021); Letter from Loyaan A. Egal, Chief, Enforcement Bureau, to Kaushal Bhavsar, CEO, One Eye LLC (Feb. 15, 2023). These letters are available on the Commission’s website at https://www.fcc.gov/robocall-facilitators-must-cease-and-desist. In response to the FCC’s enforcement action against Illum in October 2021, the CEO and Director of Illum, Prince Anand (Anand), who sometimes uses the alias “Frank Murphy,” Prince Anand Skype Chat, June 10, 2021 at 8:18:53 AM (“Frank Murphy” introduces himself as Prince Anand) (on file at EB-TCD-20-00030805) (Anand Skype Chat). created One Eye. Id. at October 24, 2021 at 8:16:14 AM and 8:16:21 AM (Anand telling Great Choice Telecom to expect a new sign up under the name “One Eye” that day). To deflect the FCC’s scrutiny, Anand intended to keep his name off One Eye’s corporate documents. Id. at 7:40:25 AM, 8:11:13 AM, 8:13:20 AM, 8:14:48 AM, 8:14:55 AM, 8:15:04 AM, 8:16:14 AM, 8:55:50 AM, 9:01:49 AM, 9:02:21 AM, and 9:02:26 AM (Anand explains that due to the Commission’s cease-and-desist letter he will “not be included in any companies” but will work “on the backend [sic]”). Kaushal Bhavsar, a director of Illum, became One Eye’s CEO. One Eye LLC Listing, Fed. Commc’ns Comm’n, Robocall Mitigation Database (Oct. 26, 2021), https://fccprod.servicenowservices.com/rmd?id=rmd_form&table=x_g_fmc_rmd_robocall_mitigation_database&sys_id=9e1373b31b53b0107ccf20ecac4bcb3b&view=sp (showing Bhavsar as CEO of One Eye); Illum Telecommunication, https://www.illumtelecommunication.com/ (last visited July 14, 2023). Aashay Khandelwal, the Human Resource Representative for Illum, subsequently formed One Owl and became the CEO. See Illum Telecommunication, https://www.illumtelecommunication.com/ (last visited July 14, 2023); see also One Owl Telecom Inc. Listing, Fed. Commc’ns Comm’n, Robocall Mitigation Database (Apr. 25, 2022), https://fccprod.servicenowservices.com/rmd?id=rmd_form&table=x_g_fmc_rmd_robocall_mitigation_database&sys_id=b1ab8b061bcb4110823a419ae54bcb64&view=sp (showing Khandelwal as the CEO of One Owl). Julya Barros, a seemingly close acquaintance of Anand, Compare @illum_telecom, Twitter, https://twitter.com/illum_telecom?lang=hi (as archived by Google and last visited May 16, 2023) (screenshots on file at EB-TCD-20-00030805), with Julya Barros (@julyabarross), Instagram, http://www.instagram.com/julyabarross (last visited July 14, 2023). became Vice President of Sales and Marketing at One Owl. See Julya Barros, LinkedIn, https://ae.linkedin.com/in/julya-barros-928008245 (last visited July 14, 2023) (screenshots on file at EB-TCD-20-00030805). One Owl and One Eye used the same IP address to conduct their business. March ITG Subpoena Response, supra note 4. One Owl and One Eye communicated under the same email domain, @oneeyetelecom.com. Compare Incorp Services Interrogatories Response at para. 15 (on file at EB-TCD-20-00030805) (Incorp Services Interrog.) (showing One Eye used the @oneeyetelecom.com domain), with id. at para. 3 and Ex. A (on file at EB-TCD-20-00030805) (showing One Owl used the @oneeyetelecom.com domain). The personnel connections between One Owl, One Eye, and Illum are summarized in the table below. INDIVIDUALS COMPANIES Aashay Khandelwal, resident of Maryland See Aashay Khandelwal, LinkedIn, https://www.linkedin.com/in/aashay-khandelwal-ab6179238 (last visited July 13, 2023) (screenshots on file at EB-TCD-20-00030805). , with a presence in Las Vegas, Nevada, See id. and Mumbai, India See Incorp Services Interrog. at para. 3. CEO at One Owl One Owl Telecom Inc. Listing, Fed. Commc’ns Comm’n, Robocall Mitigation Database (Apr. 25, 2022), https://fccprod.servicenowservices.com/rmd?id=rmd_form&table=x_g_fmc_rmd_robocall_mitigation_database&sys_id=b1ab8b061bcb4110823a419ae54bcb64&view=sp (last visited July 17, 2023) (showing Khandelwal as the CEO of One Owl). Human Resources Representative at Illum Illum Telecommunication, https://www.illumtelecommunication.com/ (last visited July 14, 2023). Julya Barros, resident of Mumbai, India See Julya Barros (@julyabarross), Instagram, http://www.instagram.com/julyabarross_/ (last visited July 14, 2023) (screenshots on file at EB-TCD-20-00030805). and Dubai, United Arab Emirates See Julya Barros, LinkedIn, https://ae.linkedin.com/in/julya-barros-928008245 (last visited July 13, 2023) (screenshots on file at EB-TCD-20-00030805). Vice President of Sales and Marketing at One Owl See id. Prince Anand, also known as Frank Murphy, Anand Skype Chat, supra note 22, at June 10, 2021 at 8:18:53 PM. with a presence in Mumbai, India Id. at June 17, 2021 at 3:26:34 PM. and Dubai, United Arab Emirates Id. at November 30, 2021 at 3:53:35 AM. CEO & Director at Illum See Illum Telecommunication, https://www.illumtelecommunication.com/ (last visited July 14, 2023). De facto Founder of One Eye Anand Skype Chat, supra note 22, at October 24, 2021 at 9:02:21 AM. Kaushal Bhavsar, resident of Ahmedabad, Gujarat, India, See Kaushal Bhavsar, LinkedIn, https://in.linkedin.com/in/kaushal-bhavsar-a69a3a255 (last visited July 13, 2023) (screenshots on file at EB-TCD-20-00030805). with a presence in Delaware See One Eye LLC, Fed. Commc’ns Comm’n, Form 499 Filer Database, Detailed Information, https://apps.fcc.gov/cgb/form499/499detail.cfm?FilerNum=834729 (last visited July 14, 2023). Director at Illum Illum Telecommunication, https://www.illumtelecommunication.com/ (last visited July 14, 2023). CEO at One Eye One Eye LLC Listing, Fed. Commc’ns Comm’n, Robocall Mitigation Database (Oct. 26, 2021), https://fccprod.servicenowservices.com/rmd?id=rmd_form&table=x_g_fmc_rmd_robocall_mitigation_database&sys_id=9e1373b31b53b0107ccf20ecac4bcb3b&view=sp. Follow-Up Orders. The Bureau will issue an Initial Determination Order in the event that either: (a) One Owl fails to respond to the cease-and-desist letter with respect to the calls for which One Owl is the gateway provider; (b) the Bureau determines that the response is insufficient or that the traffic is illegal despite the provider’s assertions; or (c) the Bureau determines that One Owl is continuing to allow substantially similar traffic onto the U.S. network. 47 CFR § 64.1200(n)(5)(ii). One Owl will have at least 14 days to respond to the Initial Determination Order. Id. § 64.1200(n)(5)(ii)-(iii). If One Owl’s response to that order is insufficient or One Owl continues to allow substantially similar traffic onto the U.S. network, then the Bureau will publish a Final Determination Order in EB Docket No. 22-174 finding that One Owl is not in compliance with section 64.1200(n)(5). Id. § 64.1200(n)(5)(iii). In the event that the Bureau issues a Final Determination Order in this matter, pursuant to section 64.1200(n)(6) of the Commission’s Rules, all U.S.-based voice service providers shall be required to block One Owl’s traffic. Id. § 64.1200(n)(6). Providers must monitor EB Docket No. 22-174 and initiate blocking beginning 30 days from the release date of the Final Determination Order. Id. Contact Information. For further information, please contact Kristi Thompson, Division Chief, Enforcement Bureau, Telecommunications Consumers Division, at 202-418-1318 or by email at Kristi.Thompson@fcc.gov; or Daniel Stepanicich, Assistant Division Chief, Enforcement Bureau, Telecommunications Consumers Division, at 202-418-7451 or by email at Daniel.Stepanicich@fcc.gov. ENFORCEMENT BUREAU Loyaan A. Egal Chief 2