Attachment Emistel FCC 214

This document pretains to ITC-214-20140702-00194 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142014070200194_1051842

                                     Before the
                       FEDERAL COMMUNICATIONS COMMISSION
                                Washington, D.C. 20554


In the Matter of                                                 )
                                                                 )
Emsitel LLC                                                      )
                                                                 )
Application for authority pursuant                               )    File No.: ITC-214__________
to Section 214 of the                                            )
Communications Act of 1934,                                      )
as amended, for global authority                                 )
to operate as an international                                   )
facilities-based and resale carrier                              )



                             APPLICATION FOR AUTHORITY

Emsitel LLC, (hereafter also called “Applicant”) hereby requests authority, pursuant to Section 214 of

the Communications Act of 1934, as amended, 47 U.S.C. Section 214 et. al. (1982), and Section 63.18 of

the Federal Communication Commission's (hereafter called “Commission”) Rules, 47 C.F.R. Section

63.18, to provide global or limited international facilities-based and resale services between the United

States and international points, except those international points not authorized by the Commission and

updated from time to time on the Commission’s Exclusion List. Emsitel LLC, is a U.S. company

organized under the laws of the State of Florida to provide international telecommunications services.

Emsitel LLC has a foreign affiliation with a privately held sister company (held by same owners) that

provides termination to the destination of Colombia.        This affiliate is a small-sized competitive

telecom/VoIP provider and non-market dominant in the Republic of Colombia. Upon grant of authority

Emsitel LLC will serve customers throughout the United States. By granting this application, the

Commission will serve the public interest, convenience and necessity by promoting competition in the

international services market. Competition will benefit U.S. consumers by increasing service options and

lowering prices. Thus, the public interest will be served by the grant of Section 214 authority to Emsitel

LLC. In support of this application, Emsitel LLC respectfully submits the following:

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                                     Before the
                       FEDERAL COMMUNICATIONS COMMISSION
                                Washington, D.C. 20554

In the Matter of                                                  )
                                                                  )
Emsitel LLC                                                       )
                                                                  )
Application for authority pursuant                                )    File No.: ITC-214__________
to Section 214 of the                                             )
Communications Act of 1934,                                       )
as amended, for global authority                                  )
to operate as an international                                    )
facilities-based and resale carrier                               )
                                                                  )

                             Application Attachment I.
                                (Information pursuant to 47 CFR § 63.12)

The following information is submitted, as required by 47 CFR § 63.12 of the Commission’s
Rules, in support of Emsitel LLC’s request for authorization:

In Response to Question 9 of the FCC 214 Application:

Emsitel LLC respectfully requests streamline processing pursuant to 47 CFR § 63.12 and
certifies that:
            1. It is affiliated with a foreign VoIP Provider in one of the destination markets it
               seeks authority to serve (Colombia), however that affiliate is a small-sized
               competitive company that is not market dominant;

            2. It has no affiliation with a dominant U.S. carrier whose international switched or
               private line services Emsitel LLC seeks authority to resell, either directly or
               indirectly through the resale of another reseller’s services;

            3. It does not seek authority to provide switched basic services over private lines to a
               country for which the Commission has not previously authorized the provision of
               switched services over private lines.

            4. The Commission has not informed Emsitel LLC, in writing, that this Application
               is not eligible for streamlined processing.

In Response to Question 10 of FCC 214 Application:   Not Applicable to Emsitel LLC
In Response to Question 11 of FCC 214 Application:   Not Applicable to Emsitel LLC
In Response to Question 12 of FCC 214 Application:   Not Applicable to Emsitel LLC
In Response to Question 13 of FCC 214 Application:   Not Applicable to Emsitel LLC

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                                    Before the
                      FEDERAL COMMUNICATIONS COMMISSION
                               Washington, D.C. 20554

In the Matter of                                                 )
                                                                 )
Emsitel LLC                                                      )
                                                                 )
Application for authority pursuant                               )    File No.: ITC-214__________
to Section 214 of the                                            )
Communications Act of 1934,                                      )
as amended, for global authority                                 )
to operate as an international                                   )
facilities-based and resale carrier                              )
                                                                 )

                           Application Attachment II.
                                 (Information pursuant to 47 CFR § 63.18)

The following information is submitted, as required by 47 CFR § 63.18 of the Commission’s
Rules, in support of Emsitel LLC’s request for authorization:

47 CFR § 63.18(a): The name, address and telephone number of the Applicant is:


       Name:                            Emsitel LLC
       Address:                         9010 Strada Stell Court Suite 201
                                        Naples, FL 34109
       Telephone:                       (239) 690-6107

47 CFR § 63.18(b): Emsitel LLC is a limited liability company organized under the laws of the State
   of Florida.


48 CFR § 63.18(c): Correspondence concerning this application should be sent to:

       Name:                            Mr. Ivan Ramirez
                                        Emsitel, LLC.
       Address:                         9010 Strada Stell Court Suite 201
                                        Naples, FL 34109
       Telephone:                       (239) 690-6107


       With a copy to Contact:          Edward A. Maldonado, Esq. Regulatory Counsel for Applicant
                                        MALDONADO LAW GROUP
                                        LAW OFFICES OF EDWARD A. MALDONADO, P.A.
                                        800 Douglas Road Suite 149
                                        Coral Gables, Florida, 33134
                                        Tel: (305) 477-7580      Fax: (305) 477-7504

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In Response to Question 14 and 15 of the FCC 214 Application:

47 CFR § 63.18(d): Emsitel LLC has not previously received authority under Section 214 of the Act.

47 CFR § 63.18(e): Not Applicable. At this time, Emsitel LLC seeks no other authorization available
under Section 63.18(e). Emsitel LLC requests global or limited facilities-based and resale Section 214
authority pursuant to the terms and conditions of Section 63.18(e)(1) and (e)(2) of the Commission's
Rules. Applicant is not applying for authority to acquire facilities or to provide services not covered by
paragraphs (e)(1) through (e)(3) of Section 63.18. Applicant is not seeking facilities-based authority
under paragraph (e)(4) of Section 63.18.

47 CFR § 63.18(g): Not Applicable.

47 CFR § 63.18(h): In support of this certification, the name, address, citizenship and principal business
of the shareholders of Emsitel LLC that control ten percent (10%) or more of are as follows:

                Name:                           Mr. Ivan Ramirez
                Address:                        9010 Strada Stell Court Suite 201
                                                Naples, FL 34109
                Ownership Percentage:           50%
                Citizenship:                    Colombia
                Business:                       Telecommunications


                Name:                           Mr. Luis Robayo
                Address:                        9010 Strada Stell Court Suite 201
                                                Naples, FL 34109
                Ownership Percentage:           50%
                Citizenship:                    Colombia
                Business:                       Telecommunications


47 CFR § 63.18(i): Emsitel LLC herein certifies that it is not affiliated with any dominant foreign
facilities-based carriers or US dominant carriers.

47 CFR § 63.18(j): certifies that it does not seek to provide international telecommunication services to
any destination country for which any of the following are true:

        1. Emsitel LLC is a foreign dominant carrier in that country; or
        2. Emsitel LLC controls a foreign dominant carrier in that country; or
        3. Any such entity that owns more than twenty-five percent (25%) of Emsitel LLC or that
           controls Emsitel LLC controls a foreign dominant carrier in that country.

47 CFR § 63.18(k):      Not Applicable to Emsitel LLC
47 CFR § 63.18(l):      Not Applicable to Emsitel LLC
47 CFR § 63.18(m):      Not Applicable to Emsitel LLC
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47 CFR § 63.18(n): Emsitel LLC herein certifies that it has not agreed and will not agree in the future to
accept any direct or indirect special concessions from a foreign carrier or administration with regards to
traffic or revenue flows between the United States and any foreign countries the company is authorized to
serve.


47 CFR § 63.18(o):      Emsitel LLC herein certifies that no party to this application has been denied
federal   benefits   pursuant   to   Section   5301    of   the   Anti-Drug    Abuse    Act    of   1988.




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                                            CONCLUSION

In conclusion of the foregoing, Applicant Emsitel LLC herein certifies that all of the information in this
application is accurate and correct.    For these reasons, respectfully requests that the Commission grant
this application under applicable streamline processing.


                        Respectfully submitted,




                        Emsitel LLC
                        By: /s/ Ivan Ramirez /s/
                        Name: Ivan Ramirez
                        Title: Manager and Stockholder of Emsitel LLC

By and through their Attorney:

                                       /s/_ Edward A. Maldonado__/s/
                                       Edward A. Maldonado, Esq.
                                       MALDONADO LAW GROUP
                                       800 Douglas Road Suite 149, Coral Gables FL 33134
                                       Tel: 305-477-7580 Fax: 305-477-7504 Toll-Free: 1+ (877) 245-6326
                                       www.maldonado-group.com




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Document Created: 2014-06-24 16:06:30
Document Modified: 2014-06-24 16:06:30

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