Attachment Angel Revoke FCC Lic

Angel Revoke FCC Lic

LETTER submitted by U.S. Department of Justice

Department of Justice Termination Request Letter

2016-01-21

This document pretains to ITC-214-20010220-00085 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142001022000085_1823295

+                                                     U.S. Department of Justice

                                                      National Security Division



Foreign Investment Review Staff                       Washington, D.C. 2053




                                                      January 21, 2016

By Electronic Filing


Ms. Marlene H. Dortch
Secretary of the Federal Communications Commission
Federal Communications Commission
445 l2th St. SW, Room TW-B204
Washington, DC 20554

          Re:       Angel Americas, LLC, Holder of International Authorizations ITC-214-
                    20010220-00085, ITC-214-20040618-00348, ITC-214-20020531-00293, and
                    ITC-214-20050315-00105 (File No. ITC-ASG-20130130-00035) and ITC-214-
                    20031020-00495 (ITC-ASG-20130130-00037) and of domestic section 214
                    authority (DA No. 14-936 (June 27, 2014))

                    Angel Mobile, Inc., Holder of International Authorization ITC-214-
                    20131206-0037 (DA No. 14-1062 (July 25, 2014))

Dear Ms. Dortch:

        The Department of Justice (“DOJ”), including the Federal Bureau of Investigation,
hereby notifies the Federal Communications Commission (“FCC” or “Commission”) of the
inability by the authorized holders of the above-identified certificates, Angel Americas, LLC
(“Angel Americas”) and Angel Mobile, Inc. (“Angel Mobile”, together with Angel Americas,
“the Angel entities”), to comply with the FCC’s terms in granting such authorizations. Given
such inability, the Agencies request that the FCC terminate, declare null and void and no longer
in effect, and/or revoke Angel Americas’ and Angel’s above-identified domestic and/or
international certifications.

       Prior to Angel Americas receiving control of the above-identified authorizations, the
DOJ, in concurrence with the U.S. Department of Homeland Security (collectively, “the
Agencies”), expressly conditioned non-objection to Angel Americas being granted control of
FCC licenses on “the Commission condition[ing] its approval on the assurance of Angel
[Americas] to abide by the commitments and undertakings set forth in the attached November
15, 2013, Letter of Agreement from Angel Americas to the DOJ,” which was attached to the
Agencies’ petition. (See Attach. 1, at 1 (Pet. To Adopt Cond. To Auth. and Licenses (November


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18, 2013)).) As stated in the public notice disclosing the granting of Angel Americas’
applications to receive control of the above-referenced certificates, the FCC concurred with the
Agencies’ request and granted such applications “subject to compliance with . . . the November
2013 Agreement” (herein referred to as the “November 2013 Agreement”). (See Attach. 2, at 4
(Public Notice (DA No. 14-936)).) The FCC’s Public Notice further stipulated that “[a] failure
to comply with and/or remain in compliance with any of the provisions of the November 2013
Agreement shall constitute a failure to meet a condition of this authorization and thus grounds
for declaring the underlying authorizations terminated without further action on the part of the
Commission.”

        Similarly, prior to Angel Mobile receiving control of the above-identified authorization,
the Agencies expressly conditioned their non-objection to Angel Mobile being granted the
authorization on “the Commission condition[ing] its approval on the assurance of Angel
[Mobile, Inc.] to abide by the commitments and undertakings set forth in the attached July 7,
2014, Letter of Agreement from Angel Mobile to the DOJ,” which was attached to the Agencies’
petition. (See Attach. 3, at 1 (Pet. To Adopt Cond. To Auth. and Licenses (July 10, 2014)).) As
stated in the public notice disclosing the grant of the above-referenced certificate to Angel
Mobile, the FCC concurred with the Agencies’ request and “condition[ed] grant of th[e]
international section 214 authorization on compliance by Angel Mobile with the commitments
and undertakes set forth in the July 7, 2014 letter” (herein referred to as the “July 2014 LOA”).
(See Attach. 4, at 3 (Public Notice (DA No. 14-1062)).) The FCC’s Public Notice further
stipulated that “[a] failure to comply with and/or remain in compliance with any of these
commitments and undertakings shall constitute a failure to meet a condition of the
authorization.”

        Although the July 2014 LOA requires Angel Mobile to submit annual reports to the DOJ,
the DOJ has never received an annual report from Angel Mobile. Moreover, the DOJ has reason
to believe that the Angel entities are no longer in operation; and, we note that we have
experienced difficulty in even finding individuals with whom to communicate on behalf of the
Angel entities.1 For all of these reasons, we posit that the Angel entities are unlikely and/or
unable to comply with the November 2013 Agreement and the July 2014 LOA, and,
consequently, that their correlating FCC licenses should be terminated, declared null and void
and no longer in effect, and/or revoked.


        1
           Specifically, on May 13, 2015, the DOJ attempted to separately contact Roland J. Bopp, the Chief
Executive Officer of both Angel Americas and Angel Mobile (who signed both the November 2013 Agreement and
the July 2014 LOA). The response received advised that Angel Americas had ceased to operate as of March 12,
2015, and that Angel Mobile never became operational and was a dormant entity. In addition, the DOJ was notified
that “Roland” was no longer an appropriate point of contact for the Angel entities, and that Marcel Schuster should
instead be contacted. (See Attach. 5 (mid-point).) Subsequently, on May 28, 2015, Marcel Schuster advised the
DOJ that he had resigned from all positions with Angel Americas, and that “Angel Telecom” was in a bankruptcy
scenario; Mr. Schuster also provided resignation letters from both himself and Roland Bopp. (See Attach. 5.) In
addition, as recently as October 2015, the DOJ was informed by the Angel entities’ prior counsel that, to his
knowledge, Angel Americas had ceased operations and Angel Mobile had never become operational. Further,
according to open-source searches, the Secretary of State for Nevada lists Angel Mobile’s business license
expiration date as October 31, 2015 (see Attachment 6); and, a January 8, 2016, telephone call to a number for
Angel Americas returned only an automated message advising that the number was not in service. (See Attach. 7.)



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        Consequently, the DOJ requests that the Commission terminate, declare null and void and
no longer in effect, and/or revoke the above-identified international and domestic authorizations
issued to Angel Americas or Angel Mobile.

       Thank you for your consideration.

                                                    Sincerely,


                                                    __s/Richard Sofield__________________
                                                    Richard Sofield
                                                    Director, Foreign Investment Review Staff
                                                    National Security Division
                                                    U.S. Department of Justice


cc:    Denise Cocoa
       Chief, Policy Division
       International Bureau, FCC

       David Krech
       Associate Chief, Policy Division
       International Bureau, FCC

       U.S. Department of Homeland Security
       Foreign Investment Risk Management
       IP-FCC@hq.dhs.gov

       U.S. Department of Defense
       osd.pentagon.dod-cio.list.team-telecom@mail.mil

       Kristin A. Taylor
       Attorney
       Foreign Investment Review Staff, National Security Division
       U.S. Department of Justice
       kristin.taylor@usdoj.gov




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Document Created: 2019-08-02 09:40:36
Document Modified: 2019-08-02 09:40:36

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