Federal Communications Commission Enforcement Bureau 45 L Street, NE Washington, DC 20554 October 21, 2021 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED To: Christopher Ismail CEO Duratel LLC 9393 N 90th Street Suite 102-525 Scottsdale, AZ 85258 cc: voip@duratel.us Re: Official Correspondence from the Federal Communications Commission Dear Mr. Ismail, We have determined that Duratel LLC (Duratel) is apparently originating illegal robocall traffic on behalf of one or more of its clients. You should investigate and, if necessary, cease transmitting such traffic immediately and take steps to prevent your network from continuing to be a source of apparent illegal robocalls. As noted below, downstream voice service providers will be authorized to block all of Duratel’s traffic if you do not (1) take steps to “effectively mitigate illegal traffic within 48 hours,” and (2) inform the Commission and the Traceback Consortium within fourteen (14) days of the date of this letter (November 5, 2021) of the steps you have taken to “implement effective measures” to prevent 1 customers from using your network to make illegal calls. 0F Additionally, if you continue knowingly or negligently to originate illegal robocall campaigns after responding to this letter, we may remove your certification from the Robocall Mitigation Database thereby requiring all intermediate providers 2 and terminating voice service providers to cease accepting your traffic. 1F Basis for finding apparent violations. You are receiving this letter because our investigation revealed that Duratel apparently originated multiple illegal robocall campaigns, as set forth in Attachment A. The Federal Communications Commission’s Enforcement Bureau (Bureau) works closely with the USTelecom’s Industry Traceback Group (Traceback Consortium), which is the registered industry 3 consortium selected pursuant to the TRACED Act to conduct tracebacks. 2F Between July 29, 2021 and October 6, 2021, Traceback Consortium investigated prerecorded voice message calls that law enforcement, voice service providers using honeypots (i.e. unassigned numbers held by providers to 1 See 47 CFR § 64.1200(k)(4). 2 Call Authentication Trust Anchor, WC Docket No. 17-97, Second Report and Order, 36 FCC Rcd 1859, 1903, para. 83 & 1904, para. 86 (2020); 47 CFR § 64.6305. 3 Implementing Section 13(d) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), EB Doclet No. 20-22, Report and Order, DA 21-1047 (EB 2021) (2021 Consortium Selection Order). See also Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, Pub. L. No. 116-105, 133 Stat. 3274, Sec. 13(d) (2019) (TRACED Act). 1 detect illegal robocalls), and customers of YouMail had flagged as illegal robocalls made without 4 consent. 3F The Traceback Consortium conducted tracebacks and determined that Duratel originated the calls. The Traceback Consortium previously notified you of these calls and provided you access to supporting data identifying each call, as indicated in Attachment A. Further, the numerous tracebacks to Duratel as an originator indicate that you are apparently knowingly or negligently originating illegal robocall traffic. Under our rules (and as explained further below), providers that originate illegal robocall traffic face serious consequences, including blocking by downstream providers of all of the originating provider’s traffic. To avoid such blocking, you must take corrective actions immediately. Actions You Should Take Now. Duratel should take the following steps to resolve this matter: 1. Promptly investigate the transmissions identified in Attachment A. 2. If necessary, “effectively mitigate” the identified unlawful traffic by determining the source of the traffic and preventing that source from continuing to originate such traffic. 3. Implement effective safeguards to prevent customers from using your network as a platform to originate illegal calls. 4. Within 48 hours, inform the Commission and the Traceback Consortium of steps taken to mitigate the identified apparent illegal traffic. If you have evidence that the transmissions identified in Attachment A were legal calls, present that evidence to the Commission and the Traceback Consortium. 5. Within fourteen (14) days of the date of this letter (November 5, 2021), inform the Commission and the Traceback Consortium of the steps Duratel is taking to prevent customers from using its network to transmit illegal robocalls (i.e. robocall mitigation 5 measures).4F Failure to provide this information within 14 days shall be equivalent to 6 having failed to put effective measures in place. 5F Consequences for Failure to Comply. If after 48 hours of issuance of this letter Duratel continues to route or transmit illegal robocall traffic from the entities involved in these campaigns, downstream U.S.-based voice service providers may begin blocking all calls from Duratel after notifying the Commission of their decision and providing a brief summary of their basis for making such a 7 determination.6F If Duratel fails to take sufficient mitigating actions to prevent new and renewing 4 See 47 U.S.C. § 227(b); 47 CFR § 64.1200(a). 5 See 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, 7630, para. 43 (2020) (Call Blocking Safe Harbor Report and Order). 6 You are encouraged to reach out to the Commission before the deadline if you anticipate needing more time to execute this step. 7 In July 2020, the Commission adopted the Call Blocking Safe Harbor Report and Order, which authorized voice service providers to block illegal robocalls. Call Blocking Safe Harbor Report and Order, 35 FCC Rcd at 7628, para. 37; see also 47 CFR § 64.1200(k)(3)-(4). If the Commission identifies illegal traffic, based on information obtained through traceback such as that provided by the Traceback Consortium, the Commission may notify the voice service provider that it is transmitting identified probable illegal calls (or “bad traffic”) and, upon receipt of notification, the voice service provider should investigate promptly and take any steps that may be necessary to prevent the illegal caller from continuing to use the network to make such calls. Furthermore, if the notified voice service provider fails to take effective mitigation measures within 48 hours, any downstream voice service provider may block the calls from the notified provider. Call Blocking Safe Harbor Report and Order, 35 FCC Rcd at 7628- 29, para. 39. Any voice service provider that decides to block traffic from the bad actor provider must notify the Commission of its decision and provide a brief summary of its basis for making such a determination prior to initiating blocking. Id. at 7630, para. 42; 47 CFR § 64.1200(k)(4). If the notified voice service provider fails to implement effective measures to prevent new and renewing customers from using its network to originate illegal 2 customers from using its network to originate illegal robocalls, then downstream U.S.-based providers may block calls following notice to the Commission. Failure to act within the deadlines authorizes U.S.-based voice service providers to block ALL call traffic transmitting from your network, permanently. Furthermore, if you fail to take the actions listed above, or knowingly or negligently continue to originate unlawful robocall campaigns after responding to this letter, we may find that your certification in the Robocall Mitigation Database is deficient and direct the removal of your certification from the 8 database.7F Removal of a certification from the Robocall Mitigation Database requires all intermediate 9 providers and terminating voice service providers to immediately cease accepting all of your calls. 8F Continued origination of illegal robocalls following this notice will be used as evidence of a defective certification, and we may initiate proceedings to remove your certification from the Robocall 10 11 Mitigation Database.9F You will have an opportunity to respond to that notice.10F Please direct any inquiries or responses regarding this letter to Daniel Stepanicich, Attorney Advisor, Telecommunications Consumers Division, Enforcement Bureau, FCC, at Daniel.stepanicich@fcc.gov or (202) 418-7451; and cc: to Kristi Thompson, Division Chief, Telecommunications Consumers Division, Enforcement Bureau, FCC, at kristi.thompson@fcc.gov. A copy of this letter has been sent to the Traceback Consortium. Sincerely, Rosemary C. Harold Chief Enforcement Bureau Federal Communications Commission calls, other downstream voice service providers may block the calls from the notified provider. Call Blocking Safe Harbor Report and Order, 35 FCC Rcd at 7630 para. 43; 47 CFR § 64.1200(k)(3)-(4). A voice service provider that decides to block traffic from the bad actor provider must notify the Commission of its decision and provide a brief summary of its basis for making such a determination prior to initiating blocking. Id. at 7630, para. 43; 47 CFR § 64.1200(k)(4). 8 See Call Authentication Trust Anchor, 36 FCC Rcd at 1905, para. 88; see also Robocall Mitigation Database, FCC, available at https://fccprod.servicenowservices.com/rmd?id=rmd_welcome (last visited Oct. 19, 2021). 9 47 CFR § 64.6305(c). See Call Authentication Trust Anchor, 36 FCC Rcd at 1904, para. 86; Wireline Competition Bureau Announces Opening of Robocall Mitigation Database and Provides Filing Instructions and Deadlines, WC Docket No. 17-97, Public Notice, DA 21-454 (WCB Apr. 20, 2021). 10 See Call Authentication Trust Anchor, 36 FCC Rcd at 1902, 1905, paras. 81, 88. 11 Id. at 1905, para. 88. 3 ATTACHMENT A Customer Date of ITG Date of Call Caller ID Called Number Description Violation Notification 47 USC 227(b); 47 Jul 29, 2021 Jul 27, 2021 CFR 20:57 22:06 UTC Federal Reserve Imposters 64.1200(a) 47 USC 227(b); 47 Jul 29, 2021 Jul 27, 2021 CFR 18:39 18:55 UTC Federal Reserve Imposters 64.1200(a) 47 USC 227(b); 47 Digital Jul 29, 2021 Jul 27, 2021 CFR Technologies 18:40 16:44 UTC Federal Reserve Imposters 64.1200(a) 47 USC 227(b); 47 Aug 06, 2021 Jul 23, 2021 CFR 15:56 13:58 UTC DHS Imposter 64.1200(a) 47 USC 227(b); 47 Aug 11, 2021 Aug 10, 2021 CFR 13:24 14:37 UTC SSA Imposter 64.1200(a) 47 USC 227(b); 47 Aug 11, 2021 Aug 10, 2021 CFR 13:25 14:16 UTC SSA Imposter 64.1200(a) 47 USC 227(b); 47 Aug 11, 2021 Aug 10, 2021 CFR 16:35 13:48 UTC SSA Imposter 64.1200(a) Aug 13, 2021 Aug 10, 2021 47 USC 14:01 13:27 UTC SSA Imposter 227(b); 47 4 CFR 64.1200(a) 47 USC 227(b); 47 CFR 64.1200(a); 47 USC Aug 16, 2021 Aug 03, 2021 227(e); 47 17:53 22:23 UTC Government Imposter CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC Aug 12, 2021 Aug 03, 2021 227(e); 47 23:51 17:11 UTC Government Imposter CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC Aug 12, 2021 Aug 11, 2021 227(e); 47 19:20 18:13 UTC Government Imposter CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC Aug 13, 2021 Aug 11, 2021 227(e); 47 13:44 18:05 UTC Government Imposter CFR 64.1604 47 USC 227(b); 47 CFR Aug 12, 2021 Aug 11, 2021 64.1200(a); 19:21 18:04 UTC Government Imposter 47 USC 5 227(e); 47 CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC Aug 12, 2021 Aug 10, 2021 227(e); 47 23:51 20:38 UTC Government Imposter CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC Aug 12, 2021 Aug 10, 2021 227(e); 47 23:50 14:50 UTC Government Imposter CFR 64.1604 47 USC 227(b); 47 Vishwajeet Aug 20, 2021 Aug 17, 2021 CFR Telecom 19:01 17:36 UTC Arrest Warrant Scam 64.1200(a) 47 USC 227(b); 47 Vishwajeet Aug 08, 2021 Aug 17, 2021 CFR Telecom 13:06 14:18 UTC Arrest Warrant Scam 64.1200(a) 47 USC 227(b); 47 Vishwajeet Aug 08, 2021 Aug 17, 2021 CFR Telecom 01:40 13:20 UTC Arrest Warrant Scam 64.1200(a) 47 USC 227(b); 47 Vishwajeet Aug 19, 2021 Aug 16, 2021 CFR Telecom 20:31 18:21 UTC Arrest Warrant Scam 64.1200(a) 47 USC 227(b); 47 WFH IT PVT Aug 31, 2021 Aug 25, 2021 CFR LTD 20:13 15:41 UTC Arrest Warrant Scam 64.1200(a); 6 47 USC 227(e); 47 CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC RK IT & Aug 26, 2021 Aug 25, 2021 227(e); 47 software LLC 15:26 15:07 UTC Arrest Warrant Scam CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC RK IT & Aug 26, 2021 Aug 25, 2021 227(e); 47 software LLC 14:16 14:19 UTC Arrest Warrant Scam CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC RK IT & Aug 26, 2021 Aug 25, 2021 227(e); 47 software LLC 20:10 13:47 UTC Arrest Warrant Scam CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC SM TELCOM Sep 02, 2021 Aug 27, 2021 227(e); 47 PVT LTD 18:20 15:54 UTC Arrest Warrant Scam CFR 64.1604 47 USC 227(b); 47 CFR K2K telecom Sep 09, 2021 Sep 03, 2021 64.1200(a); Pvt ltd. 12:27 14:09 UTC Arrest Warrant Scam 47 USC 7 227(e); 47 CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC K2K telecom Sep 8, 2021 Sep 03, 2021 227(e); 47 Pvt ltd. 02:36 14:04 UTC Arrest Warrant Scam CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC K2K telecom Sep 07, 2021 Sep 03, 2021 227(e); 47 Pvt ltd. 19:24 13:49 UTC Arrest Warrant Scam CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC K2K telecom Sep 03, 2021 227(e); 47 Pvt ltd. Sep 08, 02:38 13:26 UTC Arrest Warrant Scam CFR 64.1604 47 USC 227(b); 47 CFR 64.1200(a); 47 USC K2K telecom Sep 07, 2021 Sep 03, 2021 227(e); 47 Pvt ltd. 18:38 13:09 UTC Arrest Warrant Scam CFR 64.1604 47 USC 227(b); 47 CFR Oct 06, 2021 Oct 04, 2021 64.1200(a); InfoTech Asia 13:56 14:25 UTC Arrest Warrant Scam 47 USC 8 227(e); 47 CFR 64.1604 9