Attachment App to Assign Assets

This document pretains to ITC-ASG-INTR2018-09426 for Assignment on a International Telecommunications filing.

IBFS_ITCASGINTR201809426_1558975

                                                                                     File No.: ITC-214-20000524-00312

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

In the Matter of                                                         )
                                                                         )
One World Telecom, LLC. d/b/a NO PIN                                     )
FRN: 0015327851 and FRN: 0010219624                                      )
And its wholly owned subsidiary                                          )
YO LLAMO, LLC. FRN: 0018005488                                           )
(One World Telecom)                                                      )
                                                                         )
(“Transferors”)                                                          )
                                                                         )
And                                                                      ) File No.: ITC-214-20000524-00312
                                                                         )
Multiphone Latin America, Inc.                                           )
(“Transferee”)       FRN: 0004934568                                     )
                                                                         )
Joint Application for authority pursuant                                 )
to Section 214 of the Communications Act                                 )
of 1934, as amended, for Consent to Transfer                             )
Control of (Assignment of) Select Customers                              )
____________________________________________________ )



                JOINT INTERNATIONAL APPLICATION FOR CONSENT
                   TO TRANSFER (ASSIGNMENT OF) CUSTOMERS


          Multiphone Latin America, Inc. ("Multiphone" or "Transferee"), and One World Telecom, LLC

along with its wholly owned subsidiary YO LLAMO, LLC (“One World Telecom” or “Transferor”)

herein collectively called the "Applicants" pursuant to Section 214 of the Communications Act of 1934,

as amended, 47 U.S.C. § 214 et. al. (1982), and Section(s) 63.03; 63.04 and 63.24 of the Federal

Communication Commission's (hereafter called “Commission”) Rules 1, herein seek the Commission’s

Consent to Assign and Transfer Assets of an International Common Carrier, specifically a select base of

prepaid PIN-less account customers/subscribers under the “NO PIN” and “YO LLAMO” brand names

and who use international long distance services from One World Telecom to Multiphone. The transfer

and assignment of these customers/subscribers will take place subject to Commission approval.


1
    See. 47 C.F.R. § 63.03; 47 C.F.R. § 63.04; 47 C.F.R. § 63.24 respectively.

                                                                                                                   1


                                                                                 File No.: ITC-214-20000524-00312

Thereafter Multiphone will assume all underlying carrier operations after One World Telecom migrates

such customers/subscribers to Multiphone.

        One World Telecom presently holds international authority from the Commission to provide

services pursuant to 47 U.S.C. § 214 and has done so since February 13, 2004. Multiphone presently

holds authority from the Commission to provide international services pursuant to 47 U.S.C. § 214 and

has done so since June 23, 2000. Subject to the Commission’s approval of this Assignment, all

customers/subscribers at the heart of this transaction will be provided notice through IVR Voice Prompts

detailing the Assignment, the transition date, and be given the unrestricted option to discontinue service

should they object. The customers/subscribers are consumers of international prepaid calling services of

One World Telecom and are not encumbered by any contract or subscription agreement with the

Transferor. Multiphone has no foreign affiliations with foreign or dominant carriers.

        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. Furthermore, the transfer of control will

not result in any change of service to the contemplated customers of One World Telecom, except insofar

as Multiphone will be the carrier instead of One World Telecom. Multiphone will not change the types of

services provided to these customers, and, they will continue to receive their international services at the

same quality and terms as they currently receive with One World Telecom. Thus, the public interest will

be served by the grant of transfer and assignment of these customers from Transferor to Transferee.



I.            INTRODUCTION:

            A. Summary of the Contemplated Transaction


        The Transferor, One World Telecom, desires to focus its telecommunication services in other

areas of voice, data and communication services and discontinue servicing retail prepaid PIN-less services

and consumers. Currently One World Telecom has approximately eight thousand six (8,600) subscriber

customers under its “No PIN” brand and approximately two thousand one hundred (2,100) under the “Yo

                                                                                                               2


                                                                                  File No.: ITC-214-20000524-00312

Llamo” brand held under its wholly owned subsidiary, YO LLAMO, LLC, that are comprised of that

utilize ANI recognition PIN-free prepaid long distance international services. On October 15, 2018, One

World Telecom and Multiphone have entered into an agreement (that stipulates that it is subject to the

consent of the Commission) wherein Multiphone will undertake all carrier services of these subscribers

and assume these subscribers as customers after the Commission’s approval of this application for

assignment of assets. Multiphone has secured adequate facilities to maintain and operate services to these

accounts, and will, utilize One World Telecom in the process as one of its primary carriers to ensure the

continuity of service quality and pricing.



            B. Request for Streamlined Processing


        The Applicants respectfully submit that this Application is eligible for streamlined processing

pursuant to Section 63.03 and Section 63.12 of the Commission's Rules, found at 47 C.F.R. § 63.03 and

47 C.F.R. § 63.12, respectively. This Application is eligible for streamlined processing pursuant to

Section 63.03(b)(2)(i) because, immediately following the transactions: (1) Applicants will hold less than

a ten percent (10%) share of the interstate and/or interexchange market; (2) No dominant local exchange

carriers are parties to the proposed transaction; and (3) Neither the Applicants are, or will be, dominant

with respect to any service. This Application further qualifies for Streamlined treatment pursuant to 47

C.F.R. § 63.12 as Multiphone is not affiliated with a dominant foreign carrier, and will not become

affiliated with a foreign carrier as a result of this transaction. Furthermore, the provisions of 47 C.F.R. §

63.12(c) do not apply in this instance.



        In support of this Application, Applicant Multiphone submits Application Attachments I and II,

and, the Applicants herein provide the following information:




                                                                                                                3


                                                                                         File No.: ITC-214-20000524-00312




II.      DESCRIPTION OF THE APPLICANTS

                  A.       Multiphone Latin America, Inc. ("Transferee")

         Multiphone is a privately-held Florida Corporation with its principal offices at 2051 NW 112

Avenue, Suite 144, Miami, Florida 33172. Multiphone has held the Commission’s authority to provide

international services since 2000.2 Multiphone provides prepaid retail and wholesale telecommunications

services in the form of International Services in and from the State of Florida. All of the services

provided by Multiphone are competitive in nature and Multiphone does not hold a dominant position in

any market. The following individuals or entities, directly or indirectly own at least 10 percent of the

equity of Multiphone: Multiphone International, Inc. serves as Multiphone Latin America, Inc’s holding

company and owns one-hundred percent (100%) of the Applicant Company, Multiphone International,

Inc. is owned one-hundred percent (100%) by Orlando Padron and no other individual or entity holds a

10% or greater interest. Multiphone International, Inc. which is Florida corporation and incorporated on

December 2, 1999.


                  B.       One World Telecom, LLC and its wholly owned subsidiary Yo Llamo, LLC.
                           (“Transferors”)

           One World Telecom, LLC is a privately-held Florida limited liability company with its

principal offices at 2620 SW 27th Avenue, Miami, Florida 33133. One World Telecom provides an array

of retail and wholesale interexchange telecommunication services including international carrier services

to and from the United States. One World Telecom has held the Commission’s authority to provide

international services since 20043. One World Telecom, LLC is the sole Member and Manager of the

Florida limited liability company Yo Llamo. LLC.             Yo Llamo operates exclusively under One World

Telecom and maintains consolidated books with One World Telecom. Yo Llamo operates One World

Telecom prepaid retail telecommunication services under the brand “YO LLAMO. The ownership of


2
  See ITC-214-20000524-00312 -June 23, 2000;and ITC-ASG-20140612-00176- July 10, 2014
3
  See ITC-214-20040116-00018 -February 13, 2004; ITC-T/C-20120725-00186- July 25, 20012; and pro forma transfer of
control, ITC-T/C-20130130-00026, January 30, 2013.

                                                                                                                       4


                                                                               File No.: ITC-214-20000524-00312

One World Telecom is comprised of two (2) Limited Liability Company Members who are: 1.) Fifty

percent (50%) Member, Business Telecommunication Services, Inc., a Florida corporation and

Commission licensed common carrier (BTS);4 and Fifty percent (50%) Member, Teleco Equipment &

Support Services, Inc., a Florida corporation, and non-carrier entity (TESS). The following directly own

at least 10 percent of the equity of BTS: BTS Group, Inc. ("BTS Group"), a Delaware corporation and

holding company. No other individual or entity holds a 10% or greater interest in BTS. The following

persons directly own at least 10 percent of the equity of BTS Group: 1.) The Rafael Olloqui Family, LLC

("RAOFL"), a Delaware limited liability company managed/controlled by Mr. Rafael Olloqui, a citizen of

Spain, and owned ninety-nine percent (99%) by the Rafael Olloqui Dominguez Family Irrevocable Trust

(Northern Trust Company of Delaware, Trustee) and one percent (1%) by Mr. Rafael Olloqui

individually; AND 2.) The Ricardo Olloqui Family, LLC ("RIOFL"), a Delaware limited liability

company controlled by Mr. Ricardo Olloqui, a U.S. Citizen, and owned ninety-nine percent (99%) by the

Ricardo Olloqui Dominguez Family Irrevocable Trust (Northern Trust Company of Delaware, Trustee)

and one percent (1%) by Mr. Ricardo Olloqui individually.       The following foreign person directly or

indirectly owns at least 10 percent of the equity of TESS: Mr. Patrice Baker, citizen of the Republic of

Haiti, one hundred percent (100%). No other individual or entity holds a 10% or greater interest in TESS.

There are [no] interlocking directories between carrier BTS and One World Telecom. Mr. Andres Proaño

serves as the manager of One World Telecom and controls the day-to-day operations. Present licensure

of One World Telecom under pro forma transfer of control File Number: ITC-T/C-20130130-00026,

granted on January 30, 2013, documents the above ownership structure of OWT and this structure has

remained the same since grant of authority by the Commission.



III       PUBLIC INTEREST CONSIDERATIONS:

          As previously stated, the Applicants believe that the added competition this Transfer and

Assignment will bring to the market will benefit the consumers of United States-international

4
    See, ITC-214-19961028-00541, October 28, 1996.

                                                                                                             5


                                                                                      File No.: ITC-214-20000524-00312

telecommunications services, and predominantly those in the State of Florida which are current

subscribers of One World Telecom under the “NO PIN” and YO LLAMO” brands of service. This

includes competitive pricing of services and increased availability of a variety of innovative service

options. Therefore, the grant of this Application will further the public interest.

                                            CONCLUSION

        In conclusion of the foregoing Application and Attachments herein submitted, the Applicant

Multiphone certifies that all of the information in this application is accurate and correct as evidenced in

its officer’s signature in its Verification. One World Telecom on behalf of itself and Yo Llamo, LLC,

certifies that all of the information in this application is accurate and correct as evidenced in its officer’s

signature in its Verification. For these reasons, respectfully requests that the Commission grant this

application.




Respectfully Submitted:                                    Date: October 18, 2018


By and through attorney of record for this application:

                                      /s/_ Edward A. Maldonado__/s/
                                       Edward A. Maldonado, Esq.
                                      MALDONADO LAW GROUP
                                      2850 Douglas Road, Suite 303 Coral Gables, FL 33134
                                      Tel: 305-477-7580 Fax: 305-477-7504 Direct Line 786-292-0459
                                      www.maldonado-group.com




                                                                                                                    6


                                                                                       File No.: ITC-214-20000524-00312

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

In the Matter of                                                       )
                                                                       )
One World Telecom, LLC. d/b/a NO PIN                                   )
FRN: 0015327851 and FRN: 0010219624                                    )
And its wholly owned subsidiary                                        )
YO LLAMO, LLC. FRN: 0018005488                                         )
(One World Telecom)                                                    )
                                                                       )
(“Transferors”)                                                        )
                                                                       )
And                                                                    ) File No.: ITC-214-20000524-00312
                                                                       )
Multiphone Latin America, Inc.                                         )
(“Transferee”)       FRN: 0004934568                                   )
                                                                       )
Joint Application for authority pursuant                               )
to Section 214 of the Communications Act                               )
of 1934, as amended, for Consent to Transfer                           )
Control of (Assignment of) Select Customers                            )
____________________________________________________ )

                                      Application Attachment I.
                  (Information pursuant to 47 CFR § 63.12 as required pursuant to 47 CFR § 63.24 )

The following information is submitted, as required by 47 CFR § 63.12 of the Commission’s Rules, in
support of the Joint Application and Multiphone‘s request for authorization to transfer control, and the
assignment, of One World Telecom’s subscribers:


Multiphone respectfully requests streamline processing pursuant to 47 CFR § 63.12 and herein certifies
by the attached verification to this Application that:
            1. It is not affiliated with a foreign carrier in a destination market it seeks authority to serve;
            2. It has no affiliation with a dominant U.S. carrier whose international switched or private
                   line services Multiphone through its control of One World Telecom 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 Multiphone in writing that this Application is not
                   eligible for streamlined processing.


                                                                                                                     7


                                                                                      File No.: ITC-214-20000524-00312



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

In the Matter of                                                       )
                                                                       )
One World Telecom, LLC. d/b/a NO PIN                                   )
FRN: 0015327851 and FRN: 0010219624                                    )
And its wholly owned subsidiary                                        )
YO LLAMO, LLC. FRN: 0018005488                                         )
(One World Telecom)                                                    )
                                                                       )
(“Transferors”)                                                        )
                                                                       )
And                                                                    ) File No.: ITC-214-20000524-00312
                                                                       )
Multiphone Latin America, Inc.                                         )
(“Transferee”)       FRN: 0004934568                                   )
                                                                       )
Joint Application for authority pursuant                               )
to Section 214 of the Communications Act                               )
of 1934, as amended, for Consent to Transfer                           )
Control of (Assignment of) Select Customers                            )
____________________________________________________ )

                                     Application Attachment II.
                  (Information pursuant to 47 CFR § 63.18 as required pursuant to 47 CFR § 63.24 )

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


47 CFR § 63.18(a): The names, addresses and telephone numbers of the Applicants are as follows:
                   Transferor(s):

                   One World Telecom, LLC.         FRN: 0010219624 and 00153227851
                   2620 SW 27th Avenue
                   Miami, Florida 33133
                   Tel: (305) 358-5850 Fax: (305) 358-5848
                   Attn: Mr. Andres Proaño, Manager

                   Yo Llamo, LLC.                 FRN: 0018005488
                   2620 SW 27th Avenue
                   Miami, Florida 33133
                   Tel: (305) 358-5850 Fax: (305) 358-5848
                   Attn: Mr. Andres Proaño, Manager




                                                                                                                    8


                                                                                  File No.: ITC-214-20000524-00312

                    Transferee:

                    Multiphone Latin America, Inc. (“Multiphone”)           FRN: 0004934568
                    2051 NW 112 Avenue, Suite 144
                    Miami, Florida 33172
                    Tel: (305) 357-9402 Fax: (305) 436-8990
                    Attn: Mr. Orlando Padron, CEO.


       47 CFR § 63.18(b): Jurisdiction of Organizations
                (1) Transferors: One World Telecom, LLC and Yo Llamo, LLC are limited liability
                    companies incorporated under the laws of the State of Florida.

                (2) Transferee: Multiphone Latin America, Inc. is a corporation incorporated under the laws
                    of the State of Florida.

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


       1. For One World Telecom, LLC and Yo Llamo, LLC. (“ONE WORLD TELECOM”) :

           ONE WORLD TELECOM, LLC                                   With Copy to:
           2620 SW 27th Avenue                                      Steven A. Augustino, Esq.
           Miami, Florida 33133
           Tel: (305) 358-5850                                      Kelley Drye & Warren LLP
           Fax: (305) 358-5848                                      Washington Harbour
           Attn: Mr. Andres Proaño, Manager                         3050 K Street NW, Suite 400
                                                                    Washington, DC 20007
                                                                    Tel: (202) 342-8612


       2. For Multiphone Latin America, Inc. (“Multiphone”)         With Copy to:
          2051 NW 112 Avenue, Suite 144                             Edward A. Maldonado, Esq.
          Miami, Florida 33172                                      Maldonado Law Group
          Tel: (305) 357-9402                                       800 Douglas Road, Suite 149
          Fax: (305) 436-8990                                       Coral Gables, FL 33134
          Attn: Mr. Orlando Padron, CEO.                            Tel: (305) 477-7580
                                                                    Fax: (305) 477-7504

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


47 CFR § 63.18(d): One World Telecom, Inc. has previously received authority under Section 214 of the
Act.5 Multiphone has previously received authority under Section 214 of the Act 6.




5
    See, ITC-214-20040116-00018 -February 13, 2004.
6
    See, ITC-214-20000524-00312 June 23, 2000.

                                                                                                                9


                                                                                 File No.: ITC-214-20000524-00312

47 CFR § 63.18(e):      Applicant Multiphone by and through its control and assignment of One World
Telecom subscribers 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
Multiphone 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 Multiphone is not seeking facilities-based
authority under paragraph (e)(4) of Section 63.18. Applicant Multiphone shall comply with requirements
of 47 CFR § 63.21 and 47 CFR § 63.22.


47 CFR § 63.18(g): Applicant Multiphone by and through its control and assignment of One World
Telecom subscribers will use previously authorized facilities to provide the services requested by the
Application. Multiphone is excluded from environmental assessment pursuant to Section 1.1306 of the
Commission's Rules. 47 C.F.R. § 1.1306.


CFR § 63.18(h): Following the completion of the transaction between Multiphone and One World
Telecom, the information regarding the 10% or greater direct or indirect owners of Multiphone, Inc. shall
be as follows:



        Name:                            Multiphone Latin America, Inc
        Address:                         2051 NW 112 Avenue, Suite 144, Miami, Florida 33172.
        Citizenship:                     Florida Corporation
        Principal Business:              Telecommunications
        Ownership:                       100%



                 Multiphone International, Inc. is a privately-held company Florida Corporation. The
                 persons or entities holding 10 percent or more of the shares of Multiphone International,
                 Inc. are as follows:
                 Name:                            Orlando Padron
                 Address:                         2051 NW 112 Avenue, Suite 144, Miami, Florida 33172
                 Citizenship:                     U.S. Citizen
                 Principal Business:              Telecommunications Services
                 Ownership:                       100%


        There are no interlocking directorates.




                                                                                                              10


                                                                                File No.: ITC-214-20000524-00312

47 CFR § 63.18(i): Multiphone and One World Telecom respectively certify that they are not affiliated
with any foreign facilities-based carriers or US dominant carriers.


47 CFR § 63.18(j): As stated in Attachment I Multiphone respectively certifies that in connection with
this transfer of subscribers they do not seek to provide international telecommunication services to any
destination country for which any of the following are true:


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


47 CFR § 63.18(k):       Not Applicable.
47 CFR § 63.18(l):       Not Applicable.
47 CFR § 63.18(m):       Not Applicable.


47 CFR § 63.18(n): Multiphone certifies that neither has 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):       The Applicants certify that no party to this application has been denied federal
benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988.


47 CFR § 63.18(p): The Applicant respectively request Streamline Processing of this Application
pursuant to Section 63.12 of the Commission's Rules. 47 C.F.R. § 63.12.




                                                                                                             11


                                                                               File No.: ITC-214-20000524-00312

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

In the Matter of                                                )
                                                                )
One World Telecom, LLC. d/b/a NO PIN                            )
FRN: 0015327851 and FRN: 0010219624                             )
And its wholly owned subsidiary                                 )
YO LLAMO, LLC. FRN: 0018005488                                  )
(One World Telecom)                                             )
                                                                )
(“Transferors”)                                                 )
                                                                )
And                                                             ) File No.: ITC-214-20000524-00312
                                                                )
Multiphone Latin America, Inc.                                  )
(“Transferee”)       FRN: 0004934568                            )
                                                                )
Joint Application for authority pursuant                        )
to Section 214 of the Communications Act                        )
of 1934, as amended, for Consent to Transfer                    )
Control of (Assignment of) Select Customers                     )
____________________________________________________ )

                                            VERIFICATION
I, Orlando Padron, state that I am the CEO of Multiphone Latin America, Inc.; that I am authorized to
make this Verification on behalf of Multiphone Latin America, Inc.; that the foregoing filing was
prepared under my direction and supervision; and that the contents are true and correct to the best of my
knowledge, information, and belief. This includes:
                            1. The Joint Application
                            2. Application Attachment I
                            3. Application Attachment II
I declare under penalty of perjury that the foregoing answers and statement in the above Application and
Attachments thereto are true and correct.


                        Executed this October 18, 2018 in Miami, Florida.
                        Multiphone Latin America, Inc.


                        By: ___/s/ Orlando Padron /s/_________
                        Name: Orlando Padron
                        Title: CEO of Multiphone Latin America, Inc.


                                                                                                            12


                                                                               File No.: ITC-214-20000524-00312

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

In the Matter of                                                )
                                                                )
One World Telecom, LLC. d/b/a NO PIN                            )
FRN: 0015327851 and FRN: 0010219624                             )
And its wholly owned subsidiary                                 )
YO LLAMO, LLC. FRN: 0018005488                                  )
(One World Telecom)                                             )
                                                                )
(“Transferors”)                                                 )
                                                                )
And                                                             ) File No.: ITC-214-20000524-00312
                                                                )
Multiphone Latin America, Inc.                                  )
(“Transferee”)       FRN: 0004934568                            )
                                                                )
Joint Application for authority pursuant                        )
to Section 214 of the Communications Act                        )
of 1934, as amended, for Consent to Transfer                    )
Control of (Assignment of) Select Customers                     )
____________________________________________________ )

                                            VERIFICATION
I, Andres Proaño, state that I am the Manager of One World Telecom, LLC and its wholly owned and
operated subsidiary Yo Llamo, LLC; that I am authorized to make this Verification on behalf of One
World Telecom, LLC; that I have read and reviewed the Joint Petition and that the contents related to One
World Telecom and Yo Llamo are true and correct to the best of my knowledge, information, and belief.
This includes:
                            1. The Joint Application
                            2. Application Attachment I
                            3. Application Attachment II
I declare under penalty of perjury that the foregoing answers and statement in the above Application and
Attachments thereto are true and correct.

                        Executed this October 18, 2018 in Miami, Florida.

                        By: ___/s/_ Mr. Andres Proaño _/s/_________
                        Name: Mr. Andres Proaño
                        Title: Manager of One World Telecom, LLC
                        and its wholly owned subsidiary YO LLAMO, LLC


                                                                                                            13



Document Created: 2018-10-18 13:49:02
Document Modified: 2018-10-18 13:49:02

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