Federal Communications Commission Washington, D.C. 20554 January 3, 2024 DA 24-6 By Certified and Regular Mail Marco Antonio Fernandez Martinez, President Quickly Phone USA, LLC 17971 Biscayne Blvd., Suite 201 Aventura, Florida 33160 Re: Potential Termination of International Section 214 Authorization, File No. ITC-214-20120920- 00244 Dear Mr. Martinez: We forward for your response the letter submitted by the U.S. Department of Justice (DOJ) in which the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (the “Committee”) recommends that the Federal Communications Commission (FCC) terminate the international section 214 authorization issued on July 18, 2014 to Quickly Phone, LLC under file number ITC-214-20120920-00244,1 in accordance with Section 10(f) of Executive Order 13913.2 The DOJ Letter alleges that Quickly Phone has been wholly unresponsive to DOJ’s multiple attempts to communicate regarding the Letter of Agreement (LOA), compliance with which is an express condition of Quickly Phone’s authorization, and Quickly Phone’s continued noncompliance with certain provisions of the LOA.3 The letter states that the “DOJ has made multiple attempts via telephone, email, and certified mail to contact Quickly Phone, and to date has not received a response from Quickly Phone.”4 We request that Quickly Phone respond to the Committee’s allegations within 30 days from the date of this letter, by February 2, 2024. Please describe in your response any steps that you are taking or will take with the Committee to resolve its concerns. If Quickly Phone no longer provides services under its international section 214 authorization, ITC-214-20120920-00244, and does not intend to do so in the 1 International Authorizations Granted, Section 214 Applications (47 C.F.R. § 63.18), Section 310(b)(4)Requests, Public Notice, 29 FCC Rcd 9189 (IB 2014). 2 Letter from Eileen Keenan, Attorney Advisor, Foreign Investment Review Section, National Security Division, U.S. Department of Justice, to Marlene H. Dortch, Secretary, FCC, at 1 (July 22, 2022) (DOJ Letter) (citing Exec. Order No. 13913, 85 Fed. Reg. 19643 (Apr. 4, 2020)). A copy of the DOJ Letter is attached to this letter and may also be viewed on the FCC’s website by searching for File No. ITC-214-20120920-00244 in the International Communications Filing System (ICFS) at https://www.fcc.gov/icfs, and accessing the “Other Filings Related to this Application” from the Document Viewing Area. A confidential version of the DOJ Letter was also filed. 3 Id. at 2-3 4 Id. at 3. future, please indicate in your response whether Quickly Phone is surrendering its international section 214 authorization. A failure to respond to this letter will be deemed as an admission of the facts alleged by the Committee in the DOJ Letter and could result in the issuance of an order to terminate Quickly Phone's section 214 authorization.5 Sincerely, /Denise Coca/ Denise Coca, Chief Telecommunications Analysis Division Office of International Affairs Enclosure: DOJ Letter cc: By Certified and Regular Mail: Marco Fernandez Martinez, President 7950 NW 53rd St, Suite 337 Miami, FL 33166 By Certified and Regular Mail: Cecilia Padilla Incorp Services 1090 Vermont Avenue, NW, No. 910 Washington, DC 20005 Cecilia.padilla@incorp.com 5 Quickly Phone listed a D.C. Agent in Form 499-A as Cecilia Padilla from Incorp Services. However, the FCC Form 499 database indicates that Quickly Phone is “[n]o Longer Active as of 7/1/2014.” On July 27, 2023, FCC staff contacted Incorp Services by phone at 1-800-246-2677 and left a message, after which Incorp Services staff returned the call and stated that Quickly Phone was not listed as a client of Incorp Services. The Office of International Affairs will post a copy of this letter in the FCC’s Office of the Secretary as required by section 413 of the Communications Act of 1934, as amended, based on the determination that Cecilia Padilla is no longer serving as Quickly Phone’s D.C. Agent. See 47 U.S.C. § 413. 2 REDACTED FOR PUBLIC INSPECTION U.S. Department of Justice National Security Division Foreign Investment Review Section Washington, D.C. 20530 July 22, 2022 Submitted via IBFS Ms. Marlene H. Dortch Federal Communications Commission 445 l2th St. SW, Room TW-B204 Washington, DC 20554 Re: Recommendation for Termination of International Section 214 Authorization for Quickly Phone TT 12-63, ITC-214-20120920-00244 Dear Ms. Dortch: The Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (hereinafter the “Committee”) hereby recommends the Federal Communications Commission (“FCC”) terminate the above referenced international section 214 authorization in accordance with Section 10(f) of Executive Order 13913. Exec. Order No. 13913, 85 Fed. Reg. 19643 (Apr. 4, 2020). I. Legal Authority On April 4, 2020, the President signed Executive Order 13913 (hereinafter “the Executive Order”) establishing the Committee and designating the Attorney General as Chair. The Committee is charged with reviewing and assessing applications referred by the FCC to determine whether granting an authorization or the transfer of an authorization poses a risk to national security or law enforcement interests of the United States. Upon completing that review, the Committee may advise the FCC that it has no recommendation and no objection to granting an authorization to the applicant; recommend that the authorization be denied; or recommend that the authorization be granted with conditions to mitigate national security or law enforcement concerns. After a recommendation to the FCC that an authorization be granted with conditions to mitigate national security or law enforcement concerns, the Executive Branch, through the Committee negotiates a Letter of Agreement (“LOA”). The Committee, and the applicant agree to specific terms and conditions prior to the FCC’s approval of the authorization. These terms and conditions are memorialized in the LOA and create reporting, operating, and notification requirements among other mandatory obligations upon which the authorization is conditioned. 1 REDACTED FOR PUBLIC INSPECTION Strict adherence to these terms is integral to ensure the national security and law enforcement risks identified by the Executive Branch are mitigated appropriately. The Executive Order provides the Committee with the ability to recommend action to the FCC “[i]f the Committee determines that a licensee has not complied with a mitigation measure and has not cured any such noncompliance in a satisfactory manner.” Exec. Order No. 13913, 85 Fed. Reg. 19643 (Apr. 4, 2020). If a company falls within this area of noncompliance, the Executive Order allows the Committee to recommend actions consistent with subsection 9(b). Following this directive, the Committee construes actions consistent with the subsection to establish general parameters ranging from a recommendation for revocation to no action. II. Quickly Phone USA LLC’s (“Quickly Phone”) Authorization The following events describe Quickly Phone’s 214 authorization: x September 20, 2012: Quickly Phone applied for an International 214 Authorization, requesting to provide resale services between the United States and permissible international points. FCC File No. ITC-214-20120920-00244 (July 18, 2014). x November 9, 2012: Quickly Phone’s application was removed from streamline and reviewed by the Committee. FCC, Report No. TEL-01587NS (Nov. 9, 2012). x June 19, 2014: Quickly Phone signed an LOA with the Department of Justice (“DOJ”), creating various obligations as a condition for receiving the 214 Authorization. See Quickly Phone LOA. x July 25, 2014: the FCC issued a Public Notice advising that on July 18, 2014, it had approved Quickly Phone’s request and granted the International 214 Authorization to Quickly Phone. FCC File No. ITC-214-20120920-00244 (Grant date July 18, 2014) DA Number: 14-1062. To mitigate national security and law enforcement concerns, the Committee conditioned Quickly Phone’s authorization with several obligations. Specifically, Quickly Phone is required to comply with the following conditions, among others: 1. Quickly Phone must designate a Law Enforcement Point of Contact (“LEPOC”) in the U.S. to receive service of process for U.S. Records; 2. Quickly Phone must pay for and undergo annual third-party audits, including financial audits; 3. Quickly Phone must submit an Annual Report to the Department of Justice on January 31 of each calendar year, beginning January 31, 2015, regarding its compliance with the specific terms of this Agreement. See Quickly Phone LOA pgs. 1-6. As of the date of this letter, Quickly Phone has failed to comply with the specific requirements noted above and has not cured its non-compliance. First, Quickly Phone did not nominate a LEPOC within 14 days of FCC approval of the authorization. To date, DOJ has not received a LEPOC nomination from Quickly Phone. Second, DOJ did not receive, within 60 days of the Agreement, notice of the proposed third-party auditor. To date, DOJ has not received 2 REDACTED FOR PUBLIC INSPECTION this mandatory notification from Quickly Phone. Further, DOJ has not received the required reports regarding the initial annual audit or the four subsequent annual audits. Finally, DOJ has not received any of the seven required annual reports on the agreed upon due date of January 31 of each calendar year. To date, DOJ has not received an annual report from Quickly Phone. III. DOJ’s Documented Outreach DOJ has made multiple attempts via telephone, email, and certified mail to contact Quickly Phone, and to date has not received a response from Quickly Phone. DOJ has afforded Quickly Phone the opportunity to respond by any of the means discussed to ensure that it was afforded reasonable due process; to this date, DOJ has not received a response from Quicky Phone. The numerous attempts to contact Quickly Phone and affiliated individuals are described in detail below. On September 9, 2020, DOJ called (786) 464-8145, a phone number listed on Quickly Phone’s 214 application but the number was out of service. See Ex. 2. On April 12, 2021, April 14, 2021, and May 7, 2021, DOJ called (832) 229-3101, an additional number listed on Quickly Phone’s Application. See Ex. 3. The phone calls were unanswered and DOJ left voicemails, which, to date, have not been returned. On June 1, 2020, DOJ emailed Raul Magallanes (at raul@rmtelecomlaw.com), the attorney listed for Quickly Phone on its 214 application, in its answers to triage questions, and on the FCC’s website. See Ex. 1-3. Mr. Magallanes responded that same day stating he no longer represents Quickly Phone. See Ex. 4. He also forwarded DOJ a 2016 letter in which he notified the FCC he had ceased serving as the CALEA compliance point of contact. See Ex. 4, 5. Additionally, Mr. Magallanes stated he had no way of contacting the company, though in a subsequent email with DOJ, he provided the last email address he had on file for Quickly Phone, See Ex. 6. On June 2, 2020, DOJ attempted to email Quickly Phone owner, Marco Fernandez at , the email address provided by Mr. Magallanes the day before. See Ex. 7. DOJ received two automated responses back: the first noting the email delivery was delayed and the second noting the email was undeliverable due to permanent fatal errors. See Ex. 8, 9. On June 23, 2020, DOJ sent a certified letter to Quickly Phone at 17971 Biscayne Blvd, Suite 201, Aventura, Florida 33160, the address listed for Quickly Phone on the 214 application and the FCC website. See Ex. 1, 3, 10, and 11. On August 3, 2020 that letter was returned to DOJ as undeliverable. See Ex. 10, 11. On June 23, 2020, DOJ sent a certified letter to Quickly Phone at 7950 NW 53rd Street, Suite 337, Miami, FL 33166, the address listed for Quickly Phone on the Florida Secretary of State, Division of Corporations official webpage. See Ex. 12-14. DOJ notes that the Florida Secretary of State page lists Quickly Phone as “inactive” in Florida. See Ex. 12. On July 20, 2020, that letter was returned to DOJ as undeliverable. See Ex. 13, 14. 3 REDACTED FOR PUBLIC INSPECTION IV. Conclusion The Committee, through the Chair, has been reasonable, diligent, and thorough in its attempts to contact Quickly Phone to allow for it to cure its noncompliance with the LOA. As these communications have not been returned, and the noncompliance with the LOA has continued, the Committee, through the Chair, recommends the FCC terminate the international section 214 authorization for Quickly Phone for noncompliance with the LOA. Thank you for your consideration. Regards, /s/ Eileen Keenan Attorney Advisor Foreign Investment Review Section National Security Division U.S. Department of Justice Eileen.Keenan@usdoj.gov (202) 598-6401 4 REDACTED FOR PUBLIC INSPECTION REDACTED FOR PUBLIC INSPECTION Exhibit 1: FCC Website Entry for Quickly Phone 6 REDACTED FOR PUBLIC INSPECTION REDACTED FOR PUBLIC INSPECTION Exhibit 3: Quickly Phone 214 Authorization Application 8 REDACTED FOR PUBLIC INSPECTION REDACTED FOR PUBLIC INSPECTION Exhibit 5: Withdrawal of Mr. Magallanes as CALEA contact 10 REDACTED FOR PUBLIC INSPECTION REDACTED FOR PUBLIC INSPECTION Exhibit 10: USPS Tracking for Certified Letter to Aventura, Florida Address 16 REDACTED FOR PUBLIC INSPECTION 17 REDACTED FOR PUBLIC INSPECTION 18 REDACTED FOR PUBLIC INSPECTION Exhibit 11: Certified Letter to Aventura, Florida Address, Returned to DOJ on August 3, 2020 19 REDACTED FOR PUBLIC INSPECTION Exhibit 12: Florida Secretary of State, Division of Corporations website entry for Quickly Phone 20 REDACTED FOR PUBLIC INSPECTION 21 REDACTED FOR PUBLIC INSPECTION Exhibit 13: USPS Tracking for Certified Letter to Miami, Florida Address 22 REDACTED FOR PUBLIC INSPECTION 23 REDACTED FOR PUBLIC INSPECTION Exhibit 14: Certified Letter to Miami, Florida Address, Returned to DOJ on July 20, 2020 24