Air Channel FCC Term

LETTER submitted by US Department of Justice

Letter Requesting Termination of Authority

2018-07-18

This document pretains to ITC-214-20070611-00223 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142007061100223_1464561

U.S. Department of Justice National Security Division Foreign Investment Review Staff Washington, D.C. 20004 July 17, 2018 By E-File Ms. Marlene H. Dortch Federal Communications Commission 445 l2th St. SW, Room TW-B204 Washington, DC 20554 Re: Air Channel Communications, Inc. ITC-214-20070611-00223 Dear Ms. Dortch: The Department of Justice (“DOJ”), including the Federal Bureau of Investigation, with the concurrence of the Department of Homeland Security (“DHS”) (collectively, the “Agencies”), hereby requests that the Federal Communications Commission (“FCC”) terminate, declare null and void, and no longer in effect FCC File number ITC-214- 20070611-00223 granted to Air Channel Communications, Inc. (“Air Channel”) on October 15, 2007, and the corresponding Letter of Assurance (“LOA”) for reasons stated below. Prior to Air Channel receiving the aforementioned authorization, the Agencies issued their non-objection to the application on the condition that Air Channel will abide by the commitments and undertakings contained in its LOA dated July 31, 2007 to Sigal P. Mandelker, Stewart A. Baker, and Elaine N. Lammert. The Agencies assess that Air Channel is no longer in business based on attempted contact with the company, evidence acquired through open source, and information provided by a former point of contact. First, the Agencies have made repeated efforts to contact the applicant, none of which have been successful since the LOA was signed. Specifically, on July 31, 2012, DHS contacted Terri Firestein, the point of contact provided by Air Channel in its FCC application. Ms. Firestein informed DHS that she had not had any contact with the company since completing the application process and concluded that the business never got off the ground. 1 During that exchange, Ms. Firestein provided the last known contact number for Air Channel. DHS thereafter confirmed that the number provided is no longer in service. 1 See attached email from Terri Firestein dated July 31, 2012 1-2

Second, DOJ also recently contacted Air Channel’s law enforcement point of contact (“LEPOC”) for purposes of verifying compliance with the Communications Assistance for Law Enforcement Act, Ms. Terri Firestein. She indicated by electronic mail dated July 5, 2017, that she did not know she had been named to that role and did not normally serve in that capacity for clients. 2 Third, DOJ sent on July 3, 2017 a certified letter to Richard Taiwo, the owner of Air Channel and the person who made representations as part of the application process in 2007. That letter was returned as not deliverable. 3 On August 27, 2017, DOJ sent another letter to Mr. Taiwo to an address in Evanston, Illinois, which was received by an individual who signed for the letter. However, neither Mr. Taiwo nor anyone from Air Channel have contacted DOJ or DHS. Since the date of the LOA, the Agencies have had no contact with Mr. Taiwo or Air Channel. Finally, based on open source research, DHS assesses that Air Channel is no longer in existence. A search of corporate listings maintained by the Office of the Illinois Secretary of State reflects Air Channel’s business status as “revoked.” 4 Additionally, Air Channel has never filed any report of its international traffic and revenue with the FCC. 5 In light of these developments, the Agencies request the FCC to terminate, declare null and void, and no longer in effect the international Section 214 authorization issued to Air Channel (File number ITC-214-200720070611-00223) and its corresponding LOA because: (1) Air Channel is no longer in business; and (2) Air Channel’s inability to provide evidence that it complies with the commitments and undertakings contained in the LOA, a condition of its international section 214 authorization. 6 Should you have any questions whatsoever, please do not hesitate to contact me. Sincerely, /S/ Richard Sofield, Principal Deputy Chief Foreign Investment Review Staff National Security Division U.S. Department of Justice 2 See attached email from Terri Firestein dated July 5, 2017. 3 See attached. 4 A search of the Office of the Illinois Secretary of State lists Air Channel’s status as “revoked.” https://www.ilsos.gov/corporatellc/CorporateLlcController accessed December 12, 2016. 5 See International Telecommunications Data, Carriers Filing International Traffic Data for 2007-2012 (Air Channel not listed). 6 FCC International Bureau, International Authorizations Granted, Report No. TEL-01197, Public Notice, 22 FCC Rcd 18581 (IB 2007). 2-2

From: Figueroa, Melissa (CTR) To: ‘ Figuerca, Subject: Air Ch§nnel LOA Update Date: Monday, Au_gust §, 2012 4126:52 PM From: Terri Firestein _ Sent: Tuesday, July 31, 2012 7:21 PM To: Hagar, Richard Ce: 1 Subject: Re: Air Channel LOA Update Gentlemen, CCG Consulting, LLC has not had any contact from Mr Taiwo since just after we completed the 214 authority for him. He is not a current client. Since we have not been able to contact him we concluded he was not able to get his business off the ground. The last address we can find.comes from the yellow pages website, it is listed below: 1601 Sherman Ave. Ste. 240 Evanston, IL. 60201 847—859—1010 t do not do any work on behalf of Mr Taiwo or Air Channel Communications and therefore can not confirm that there has been no material change to the facts as presented in 2007. As a result | am not able to confirm that there have been no unauthorized disclosures of, or access to, U.S. Records. sincerely, Terri K. Firestein Sr. Director CCG Consulting, LL Date: Tue, 31 Jul 2012 18:42:08 +0000 Ms. Firestein, According to our records, you were listed as the point of contact for Air Channel Communications, Inc.(Air Channel) for its application for international Section 214 authorization. Pursuantto the July 31, 2007 Letter of Assurance (LOA, attached here) between Air Channel and the U.S. Departmentof Justice (DOJ), the Federal Bureau of Investigation (FB!) and the U.S. Department of Homeland Security (DHS) (jointly, the USG Parties}, Air Channel is required to maintain a designated point of contact in the United States with the authority and responsibility for accepting and overseeing compliance with a wiretap order, pen/trap order, subpoena or otherlawful demand by

From: Figueroa, Melissa (CTR) To: Eigueroa, Subject: Air Channel LOA Update Date: Monday, August 6, 2012 4:26:52 PM From: Terri Firestein [ Sent: Tuesday, July 3 To: Hagar, Richard Co: Subject: Re: Air Channel LOA Update Gentlemen, CCG Consulting, LLC has not had any contact from Mr Taiwo since just after we completed the 214 authority for him. He is not a current client. Since we have not been able to contact him we concluded he was not able to get his business off the ground. The last address we can find comes from the yellow pages website, it is listed below: 1601 Sherman Ave. Ste. 240 Evanston, IL 60201 847—859—1010 I do not do any work on behalf of Mr Taiwo or Air Channel Communications and therefore can not confirm that there has been no material change to the facts as presented in 2007. As a result | am not able to confirm that there have been no unauthorized disclosures of, or access to, U.S. Records. sincerely, Terri K. Firestein Sr. Director CCG Consulting, LLC From: Hagar, Rios i 0: " us Date: Tue, 31 Jul 2012 18:42:08 +0000 Ms. Firestein, According to our records, you were listed as the point of contact for Air Channel Communications, Inc.(Air Channel) forits application for international Section 214 authorization. Pursuant to the July 31, 2007 Letter of Assurance {(LOA, attached here) between Air Channel and the U.S. Department of Justice (DOJ), the Federal Bureau of Investigation (FB1) and the U.S. Department of Homeland Security (DHS) {jointly, the USG Parties), Air Channel is required to maintain a designated point of contact in the United States with the authority and responsibility for accepting and overseeing compliance with a wiretap order, pen/trap order, subpoena or other lawful demand by

From: Terri Firestein To: Poteat, Elisabeth (NSD) Subject: RE: Air Channel Date: Wednesday, July 5, 2017 10:58:26 AM I was not aware I was designated as the law enforcement contact, that is not normally a role I play on behalf of my clients. My last contact was when I sent them a copy of what I had filed on their behalf back in 2007. Terri K. Firestein Sr. Director CCG Consulting Confidentiality Notice for Electronic Transmittal: This email, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential information. If you have received this communication in error, please immediately notify the sender. --- Elisabeth.Poteat@usdoj.gov wrote: From: "Poteat, Elisabeth (NSD)" To: Subject: RE: Air Channel Date: Wed, 5 Jul 2017 14:05:12 +0000 Teri: When did you last have contact with the company or the owner? Are you aware they designated you the law enforcement point of contact? Attorney-Advisor Foreign Investment Review Staff From: Terri Firestein ] Sent: Monday, July 3, 2017 3:18 PM To: Poteat, Elisabeth (NSD)

Subject: Re: Air Channel Elisa, this is the only address I have ever been provided for this company: 1. Applicant’s Name(including d/b/a, if any)                                       FEIN # 20-4479210       Air Channel Communications, Inc.                                                       Address: Street           10 S. Riverside Plaza, Suite 1800                      City   Chicago                                                        State/Zip IL 60606 My responses to your other questions are noted in red type below. Let me know if I can do anything else. thanks, Terri K. Firestein Sr. Director CCG Consulting Confidentiality Notice for Electronic Transmittal: This email, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential information. If you have received this communication in error, please immediately notify the sender. --- wrote: From: "Poteat, Elisabeth (NSD)" To: " Subject: Air Channel Date: Mon, 3 Jul 2017 14:41:25 +0000 Ms. Firestein:

When the FCC granted a telecommunications license to Air Channel in 2007 and an agreement was entered into between multiple federal agencies and Air Channel, you were listed as the point of contact for all law enforcement matters. Are you presently the point of contact? No Please provide all of the following information no later than July 11, 2017: Your residence address. let me know if you still need my personal contact information Your contact telephone number(s). Your work address. Your current relationship to Air Channel. None, after the filing of the application I have had no further contact with this company. This work came to us as a referral so I had very little direct contact and have no information beyond what was provided for purposes of filing the application. Your last contact with the owner of Air Channel. After the filing of the application I have had no further contact with this company. Thank you. Elisa Poteat Attorney-Advisor Foreign Investment Review Staff

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ® Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. T Agent @ Print your name and address on the reverse X C Addressee | so that we can return the card to you. B. Recelved by (Printed Name) C. Date of Delivery ! m Attach this card to the back of the mallpiece, or on the front if space permits. T. is ealivary address different from Item 19 L1 Yes 1 «— nter delivery address below: Z2 No Mr. Richard Taiwo 1 1 Air Channel Communications, Inc. i1 I 10 South Riverside Plaza, Sui[te 1800 1 8. Service Type Chicago, IL 60606 Z1 Certified Mall CJ Express Mail ; C1 Reglstered JZ1 Return Recelpt for Merchandise | DJ insured Mait C C.0.0. 1 4. Restricted Dellvery? (Extra Foe) F1 Yes ! 2. Article Number (Transfer from service label}, 700k 0810 0000 4607 3541 PS Form 3811, February 2004 Domestlc Return Receipt 102506—02.M—1840‘ i

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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY m Complete Iterns 1, 2, and 8. Also complete & item 4 if Restricted Delivery is desired. ) Agent M Print your name and address on the reverse WBL] Addressoe i so that we can return the card to you. . C. Date of Del | ® Attach this card to the back of the mallpiece, ’ very 3 or on the front if space permits. D. is delivery address different from ttem 19 L1 Yes | ~ Mr. Richard Taiwo ~****~~ enter delivery address below; JZl‘No Air Channe! Communications, Inc.‘ 515 Main Street, #903E L ‘Evanston, illinois 60202 Je—Cortified Mall C] Express Mall C1 Registered Z1 Retum Receipt for Merchandise C insured Malf ", C c@D, 4. Restricted Delfvery? (Exffé Fos) J es :; 2. Article Number ' (Transfer from service labe{) 7ook nsin oogo ueo?f 3534 PS FormG811, February 2004 Domestic Retum Receipt


Document Created: 2018-07-18 09:58:55
Document Modified: 2018-07-18 09:58:55
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